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Trace and Lydia: Can She Become a Citizen Now?


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3 hours ago, 3 is enough said:

Also wonder if Trace and Lydia were a bit lax about applying for her marriage visa or if her family asked them to delay because they were afraid filing the application would put them back in the spotlight? Given their reluctance to get proper contractor licenses it would not surprise me if Trace thought that immigration documents did not apply to them either.

 

There isn't anything Lydia could have filled out from the US now. As it stands she would have to go back to Germany and start the process there. She could have done so when they were engaged and tried for a K1 Visa that would allow her to get a green card later after they married. For them it is probably a rules for thee not for me situation. 

They could have tried to start the process, but were probably told by their lawyer that her being here without the proper documentation would result in issues such as denial or delay. Even then we're talking about 14–28 months to obtain your marriage-based green card if you apply from within the United States with the proper documentation. If you apply from outside the United States, it will take between 17–24 months.

She and her family had 90-day visas about 15ish years ago. Since then they are undocumented. Their deferred status isn't/wasn't permission for them to stay. It was simply a delay in deportation. 

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Thank you for the clarification @RebeccatheWriter.  We were fortunate to have company attorneys working on our case when we came 32 years ago so we just provided the information requested. We joked that I was “baggage” because I was not allowed to work while I had my visa. But after reading your post I do remember having to go back to the US consulate in Montreal to get our green card applications processed 2 years after we originally moved.  We received the cards 6 months later.  Our applications were for 2 adults and 2 children. When we arrived at the consulate with 3 children the agent was visibly taken aback until we showed her our youngest’s US birth certificate.

Funny how the now adult Romeike children could be considered dreamers. Too bad the people they chose to align themselves with are fighting against that legislation.

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Since we're on the topic, what happens if the Romeikes are deported? Would Lydia have to go even though she's now the mother of a US citizen? What about her US-born siblings? 

I live in an area with a large refugee population - Afghanis, Iraqis, Chaldeans, Syrians, Bosnians, Croatians, and more. The attention-whoring Romeikes don't compare. The mean-snarker part of me will be tickled if they don't get to stay. 

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Heathen, she cannot become a citizen just because she married Trace.  They are illegals, coming from Germany because Germany does not allow homeschooling. Germany is smart to outlaw homeschooling.  Look at the Bates, Duggars, etc.  Talk about a bunch of ignorant people who think the world should revolve around them. They do not qualify for asylum and they are to be deported.    It is my understanding that ALL of them will be deported.  Guess Trace better start learning German.  Remember that Trace was also a part of the Jan. 6 deal in DC.

 

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1 hour ago, iluvobx said:

Heathen, she cannot become a citizen just because she married Trace.  They are illegals, coming from Germany because Germany does not allow homeschooling. Germany is smart to outlaw homeschooling.  Look at the Bates, Duggars, etc.  Talk about a bunch of ignorant people who think the world should revolve around them. They do not qualify for asylum and they are to be deported.    It is my understanding that ALL of them will be deported.  Guess Trace better start learning German.  Remember that Trace was also a part of the Jan. 6 deal in DC.

 

You’re absolutely right, but “illegal” is not a noun and is offensive to many. Their actions are illegal, they themselves are not. I too, would cheer if they were ALL deported.

Edited by AstridM
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4 minutes ago, AstridM said:

Even grosser that they’re STILL here. 

They've now been in the US since 2008 and it has been almost a decade since the Supreme Court declined to hear their case.  The kids that were at the center of their decision to leave Germany are all adults now and they've had more kids who are US citizens having been born here.

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9 hours ago, iluvobx said:

Heathen, she cannot become a citizen just because she married Trace.  They are illegals, coming from Germany because Germany does not allow homeschooling. Germany is smart to outlaw homeschooling.  Look at the Bates, Duggars, etc.  Talk about a bunch of ignorant people who think the world should revolve around them. They do not qualify for asylum and they are to be deported.    It is my understanding that ALL of them will be deported.  Guess Trace better start learning German.  Remember that Trace was also a part of the Jan. 6 deal in DC.

 

I didn't ask if she could become a citizen because she's married to one. I asked if she could be deported even though she is the mother of a US citizen. 

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52 minutes ago, Heathen said:

I didn't ask if she could become a citizen because she's married to one. I asked if she could be deported even though she is the mother of a US citizen. 

We should ask them (Lydia’s family) if they think other undocumented immigrants should be allowed to do this . . . 

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4 hours ago, Heathen said:

I didn't ask if she could become a citizen because she's married to one. I asked if she could be deported even though she is the mother of a US citizen. 

Technically yes. Decisions would need to be made to:
1. She and Ryker go to Germany and start the process of her immigrating as Trace's wife. Trace would stay in the US. Current wait times on this are about 24 months give or take. Maybe he knows someone who could speed that process but it is doubtful most politicians would touch it. Most are aware that immigration is a hot issue in politics. Trace would be the sponsor for her. 

2. Ryker stays with Trace and the Bates but Lydia goes back to Germany. This would be less ideal, especially if she is nursing him. It sounds as though Trace and Lydia thought that this would never happen and that officials would make an exception because of the baby. Unfortunately for Lydia, the law is the law. They should continue making plans so that Ryker can travel legally.

3. Trace could apply to go with them to Germany and then work on the paperwork to return to the US with them legally. He would certainly struggle in another country, but it could be good for him. This is what he says he will do if it comes to it. It would be better that they do this while Ryker is so young and not faced with school issues of his own.

Motherhood status of a US citizen is not a free pass to stay under current laws. Lydia was an adult who knew she was not a permanent resident and knew that she was not in line to get that status. As the law looks at it, she had a child with the knowledge that she could be deported at any time. She has little to no argument to stay on without proper documentation, as she is out of school and in no known or assumed physical danger by returning to Germany. 

Her younger siblings who were born in the United States are able to stay in the country though their parents are not. The Romeike parents would need to make a decision regarding guardianship of the two girls or take them back to Germany and face the same homeschooling challenges.  I don't think they would leave their daughters with anyone and leave the US without a way to return. However, it depends on their commitment to parenting versus keeping them educated at home. Like with Lydia, the parents made the decision to have children while they were here temporarily and without documentation. 

None of them have a case to stay at this point legally. There is no direct threat to them by returning to Germany. As for Lydia and her brother, they should welcome the opportunity to legally take the steps in the process without the threat of violence, disease, starvation, etc. that actual refugees deal with every day. It would have behooved them to have taken those steps earlier rather than hoping that their presence would be ignored. 

The US government for better or worse has shown that it does not mind separating families, including small children, babies, and infants due to immigration status. While Ryker will not be placed in a cage or similar, his birth doesn't mean a whole lot to the US government. 

Trace claims that they have hired their own immigration attorney. Perhaps that attorney knows better, but from my own experience working with such an attorney, I doubt it. Especially in light of the most recent denial of DACA status and rights, I would be advising the Romeikes to start figuring out next steps because it sounds like the status quo isn't going to be there now. 

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19 minutes ago, Dehumidifier said:

Because there are estimated to be at least 11 million others, approximately.

11 million others from safe and stable countries? And there would not be others if they were sent back from the get-go.

(just want to emphasize I'm speaking of undocumented immigrants not at risk of harm in their home countries)

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2 minutes ago, GeeGolly said:

11 million others from safe and stable countries? And there would not be others if they were sent back from the get-go.

(just want to emphasize I'm speaking of undocumented immigrants not at risk of harm in their home countries)

Anyone can say they are risk in their native country and many people have similar names so hard to prove or dispute in many cases.

Not everyone comes through an airport or on a road with paperwork either. There is such a thing as sneaking across the border.

 

5 minutes ago, Dehumidifier said:

Anyone can say they are risk in their native country and many people have similar names so hard to prove or dispute in many cases.

Not everyone comes through an airport or on a road with paperwork either. There is such a thing as sneaking across the border.

My question is specifically about individuals and families who have no legit reason to be here and who are being reviewed yearly. You know, families like the Romeikes.

 

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On 9/17/2023 at 1:15 AM, RebeccatheWriter said:

Apparently, while they were homeschooling Lydia and her brother, they were fined and refused to pay the fine. They then lost custody of their children for a time period until...I'm guessing they agreed to send them to school and then took off for the US. 

There used to be a video of them telling the story to some church. I can't remember where I saw it.

They got support for a while (still?) from a US based homeschooling organization who apparently paid for the lawsuit and appeals in its efforts to ensure homeschooling would remain legal in the US.

I will share the link to a propaganda video that was produced about the family.
https://hslda.org/post/romeike-vs-germany 

Quite harsh in my opinion.

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13 hours ago, AstridM said:

 

 

 

14 hours ago, Heathen said:

I didn't ask if she could become a citizen because she's married to one. I asked if she could be deported even though she is the mother of a US citizen. 

The answer is yes.  She is on the deportation list with the rest of her family.  That information was released.  It will be interesting to watch.

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22 hours ago, AstridM said:

You’re absolutely right, but “illegal” is not a noun and is offensive to many. Their actions are illegal, they themselves are not. I too, would cheer if they were ALL deported.

Illegal immigrants then?  Either way, they are in the country illegally.  Illegal is illegal.

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42 minutes ago, iluvobx said:

Illegal immigrants then?  Either way, they are in the country illegally.  Illegal is illegal.

I think it can be seen in the same way as calling a person with autism - autistic or a person with schizophrenia - schizophrenic. So yes, illegal immigrants is more acceptable than illegals, IMHO. 

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1 hour ago, Dehumidifier said:

Anyone can say they are risk in their native country and many people have similar names so hard to prove or dispute in many cases.

Not everyone comes through an airport or on a road with paperwork either. There is such a thing as sneaking across the border.

 

The majority of undocumented immigrants arrive here by plane, not by illegally crossing the border. 

2 minutes ago, GeeGolly said:

I think it can be seen in the same way as calling a person with autism - autistic or a person with schizophrenia - schizophrenic. So yes, illegal immigrants is more acceptable than illegals, IMHO. 

Yes, I said illegal wasn’t a NOUN, it’s an adjective. Their actions are illegal, they aren’t illegal as human beings .

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Didn't  Trace say that this family reported yearly to ICE, and they have been in the US as undocumented individuals for 15 years? What were they told when they reported? Were they somehow led to believe that if they lay low and keep out of trouble they would eventually be given permanent status?  Or were they told that they could be deported at any time? It looks like they took a chance and they might have lost.

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4 hours ago, 65mickey said:

Didn't  Trace say that this family reported yearly to ICE, and they have been in the US as undocumented individuals for 15 years? What were they told when they reported? Were they somehow led to believe that if they lay low and keep out of trouble they would eventually be given permanent status?  Or were they told that they could be deported at any time? It looks like they took a chance and they might have lost.

So from what I gather - based on Trace's interpretation, Lydia's interpretation, and Mr. Romeike's interviews - The assumption was that the deferred status meant that they could stay and just not have paperwork. That's not how it works, but it appears to be their assumption. 

It appears that this year when they went in for their yearly paperwork, they were asked about passports and travel. Someone? Trace? Lydia's parents? Lydia? Someone asked why and they were told that they were subject to self deportation. They were also told to report back sooner than one year. 

Mr. Romeike originally said he was uneasy (my word) about the deferred status because there was no paperwork saying that. He was told just to trust the government. Why he went from skeptic to believing they were in the clear, I don't know. Maybe the lawyer for the homeschooling group led him to believe that in a way of saying the lawyer won. Maybe he misunderstood? 

All we have to go on here are some very outdated interviews and a vlog by an uneducated idiot. 

Another thing at play here is the federal court hearing regarding DACA. You are going to see more movement in terms of courts, immigration, etc. as the case heads to the US Supreme Court. 

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47 minutes ago, RebeccatheWriter said:

So from what I gather - based on Trace's interpretation, Lydia's interpretation, and Mr. Romeike's interviews - The assumption was that the deferred status meant that they could stay and just not have paperwork. That's not how it works, but it appears to be their assumption. 

It appears that this year when they went in for their yearly paperwork, they were asked about passports and travel. Someone? Trace? Lydia's parents? Lydia? Someone asked why and they were told that they were subject to self deportation. They were also told to report back sooner than one year. 

Mr. Romeike originally said he was uneasy (my word) about the deferred status because there was no paperwork saying that. He was told just to trust the government. Why he went from skeptic to believing they were in the clear, I don't know. Maybe the lawyer for the homeschooling group led him to believe that in a way of saying the lawyer won. Maybe he misunderstood? 

All we have to go on here are some very outdated interviews and a vlog by an uneducated idiot. 

Another thing at play here is the federal court hearing regarding DACA. You are going to see more movement in terms of courts, immigration, etc. as the case heads to the US Supreme Court. 

Can they even get US passports? How do they renew their German passports without traveling back there?

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1 hour ago, 65mickey said:

Wow it gets worse. And does Germany allow US citizens to stay indefinitely? There are 2 of Lydia's siblings and her son who are US citizens. 

Would they have dual citizenships? German parents, but born in the US. And for Ryker's Island, he has a US parent and a German parent.

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54 minutes ago, GeeGolly said:

Would they have dual citizenships? German parents, but born in the US. And for Ryker's Island, he has a US parent and a German parent.

Depends on if Germany grants dual citizenship, not all countries recognize it.  If a US citizen gives birth in another country, they need to notify the US embassy or consulate in the country where they're living and complete some paperwork to claim US citizenship for the child.  If they do so, the kid is automatically a US citizen.  I think there's a deadline for it, though, its not a lifetime offer.

I presume Germany has a similar rule.

2 hours ago, 3 is enough said:

They definitely cannot get US passports. You have to be a citizen for that. 
I have renewed my Canadian passport from the US. Not sure if Germany lets their citizens renew from abroad.

Correct, you have to be a US citizen for a US passport.  Germany probably has a way for German citizens living abroad to renew their passports without returning, most countries do.

Quote

Mr. Romeike originally said he was uneasy (my word) about the deferred status because there was no paperwork saying that. He was told just to trust the government. Why he went from skeptic to believing they were in the clear, I don't know. Maybe the lawyer for the homeschooling group led him to believe that in a way of saying the lawyer won. Maybe he misunderstood? 

Mr Romeike understood perfectly well, IMO,.  He thought they could stay because the US would never act to deport them.  When they originally asked for asylum in 2008, it took a long time, about 5 years, for their request to wend its way through the court system.  Finally, in 2013, their request for asylum was denied and they had not applied to immigrate through regular channels, so they were essentially aware for the past 10 years that they had no legal status to be here and could be deported at any time.  ICE often defers deportation when people are here illegally and pursuing legal remedies and they're not getting into legal trouble or otherwise undesirable.  However, it is understood that, at any time, ICE would change their status from deferred to deported.  It took 10 years, but it could've happened at any time.  As others have noted, the Romeike's initially were to report annually, but the reporting period got shortened considerably in the last year or so which is a sure sign that ICE is moving through its backlog of cases and deportation is coming soon. Deferred means delayed, not canceled.  

I presume the Romeike's thought their online presence and the support of other conservative fundamentalists would cause the deportation to never be ordered.  Bad idea.

BTW, the Romeike's claim that they needed to homeschool their kids for religious reasons was because they claim that the Bible orders it.  Also, they asserted that all German schools, even Christian ones, would require their children to learn subjects that they felt would violate their faith.  Anything about sex and 'anti-Christian' messaging were mentioned by them in interviews.  I presume stuff like evolution, earth science, and any history that doesn't jibe with their Biblical interpretation would be against their beliefs, too.

 

Edited by Notabug
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Wow, what a mess.

If Trace goes to Germany, wouldn't he be facing the same sort of issues, but in reverse? I don't know anything about their system, but I'm assuming they have similar style visas and requirements for residency. I doubt Trace can just plop himself down over there for the next several years and spin his wheels while Lydia reapplies. And to that point, could he even afford it? Lydia could presumably start a photography business, but what would Trace do? I don't wish bad on anyone's relationship, but I can see this going south pretty quickly.

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I sat through a seminar at my job regarding students with DACA status. I learned a little more about Trace is referring to as self or voluntary deportation. 

1. Immigration will ask if the family has paperwork from any country that would permit them to travel. If they can produce that, they are told at the next appointment that they are eligible to self-deport. Self-deporting means someone leaves voluntarily and at their own expense. Additionally, they would have to drop any claims or motions to extend their time in the US, including the asylum request. They would have to admit they are undocumented and not supposed to stay. Finally, they have to waive their rights to another appeal. 

2. If they don't have travel paperwork, they are not eligible. They will then be in line to be deported after a court hearing. The hearing doesn't give the option of staying but at what level they might be fined, remanded, etc. For example, if Lydia or her family were to say they planned to run and hide, the government could determine that they needed to be taken into custody. They might be looked at in regard to whether they have a lot of cash or fake travel documents. 

3. Why bother to self deport? If a person was asked to self-deport and didn't, he or she or they would have a legal mark against them for being in the country without documentation, staying longer than their visa, and/or a million other things. Someone who is deported is essentially lower on the list for re-entry. However, a self-deported person can immediately apply (it takes months/years to process) for re-entry and has no record against them. If a judge requires them to be deported and it is done through the system rather than voluntarily, the family can be banned for 5-10 years from entering the US under penalty of fines and imprisonment. 

Edited by RebeccatheWriter
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8 minutes ago, BitterApple said:

Wow, what a mess.

If Trace goes to Germany, wouldn't he be facing the same sort of issues, but in reverse? I don't know anything about their system, but I'm assuming they have similar style visas and requirements for residency. I doubt Trace can just plop himself down over there for the next several years and spin his wheels while Lydia reapplies. And to that point, could he even afford it? Lydia could presumably start a photography business, but what would Trace do? I don't wish bad on anyone's relationship, but I can see this going south pretty quickly.

He can visit temporarily without a visa. I believe it is 90 days out of 180 that he can stay. During that, he can apply for a residence permit. He technically can't "live" with Lydia until he has that permit, which has its own set of requirements. A residence permit is not permanent. He would have to pass a language test among other things to be allowed to live there long term. Permanent residency requires classes, language proficiency, proof of income, etc. 

 

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1 hour ago, Patricia07 said:

Looks like Trace won't be living there.

It would require more initiative and work than he's ever shown before now. Visit for long periods - yes - but it won't be a permanent thing for him. Perhaps they have a way to obtain German travel documents, but I don't see much chance of a good ending here without that. I see a few ways they can get such passports abroad, but they need to make an appointment, show proof of citizenship, pay the fees, provide the picture, and be finger-printed. Apparently, there is a wait on that. If they can't get their paperwork in order to self-deport, they are facing bans from entering the country for potentially 5-10 years. 

So a few scenarios: 

1. The Romeikes are deported to Germany with the two daughters born in the US joining them. Unable to return to the US (the German-born ones) for 10 years (worst case), they will have to either choose school for their younger two or face the fines and possible loss of custody. 

2. The Romeikes are deported to Germany and they attempt "fleeing" to another country to avoid the evils of education. However, they may have to figure out how to take the younger two, as I am doubting they have done much in regard to dual citizenship for fear of appearances. It would make little sense to complete the process for your younger two to be dual citizens when you are claiming to be a refugee seeking asylum. There is apparently a list of rules if this is not taken care of in the first year? after birth. One states - "If you are born outside of Germany to at least one German parent, you qualify for dual citizenship. However, you must have lived in Germany for at least eight years and attended school there for at least six years."

3. They choose to leave their youngest children in the US and wait out the ban before applying to return. The youngest two could become adults and would have only seen their parents for a few weeks each year when traveling to Germany. That would be pretty expensive. 

The two Romeike girls who are school age are not necessarily eligible for citizenship in German even if they have two German parents. 

The immigration officials I talked to today explained that deferred status instills a false sense of security. More than likely there have been clues that this was coming and they chose to ignore them or didn't understand them. 

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53 minutes ago, RebeccatheWriter said:

The immigration officials I talked to today explained that deferred status instills a false sense of security. More than likely there have been clues that this was coming and they chose to ignore them or didn't understand them. 

Or they outright thought their white, special-Christian status would save them. Well, it's worked for awhile already. 

Do you know if there are ways for the persecuted ones to put this through the US court system again? Meaning, are there legal ways for them to again postpone deportation? 

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6 hours ago, Notabug said:

Also, they asserted that all German schools, even Christian ones, would require their children to learn subjects that they felt would violate their faith . . . I presume stuff like evolution, earth science, and any history that doesn't jibe with their Biblical interpretation would be against their beliefs, too.

That sounds about right.  After all, we're talking about the same two people who believed their baby's potential health issue could just be prayed away.

5 hours ago, RebeccatheWriter said:

He would have to pass a language test among other things to be allowed to live there long term. Permanent residency requires classes, language proficiency, proof of income, etc. 

4 hours ago, Patricia07 said:

Looks like Trace won't be living there.

Trace is an absolute idiot.  And as the comedian Ron White likes to say, “You can't fix stupid. There's not a pill you can take, or a class you can go to.”  (I also find Trace particularly unlikable, which is likely why I don't feel even a little bad about the name calling).  Not that any of the Bates are Mensa members, to be clear, but there are a few  who I think could do a decent job of navigating through a complicated immigration situation.  Zach, Michaela.  Heck, maybe even Lawson and Josie.  Trace, on the other hand, can't even coherently explain the situation.  For Lydia and baby Ryker's sake, I hope they really have retained an immigration attorney - because if they're relying on Trace to fix this, they're fucked.

 

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6 hours ago, Heathen said:

Or they outright thought their white, special-Christian status would save them. Well, it's worked for awhile already. 

Do you know if there are ways for the persecuted ones to put this through the US court system again? Meaning, are there legal ways for them to again postpone deportation? 

Not a reason for them to be allowed to stay, nor a reason for them to be deported either, which is what some commenters here seem to want. 

Perhaps a compromise whereby Lydia, the baby and the American born children would be allowed to stay. How old are the youngest children? 

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1 hour ago, Dehumidifier said:

Not a reason for them to be allowed to stay, nor a reason for them to be deported either, which is what some commenters here seem to want. 

NO ONE here has suggested this. No one. 🤦‍♀️ maybe we should ask them how they feel about other undocumented immigrants being able to stay in the US for over 15 years illegally. . . ? 

Edited by AstridM
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2 minutes ago, Dehumidifier said:

Really,? "White Christian" has been brought up several times.

Not as a reason people think they deserve to be deported. 🤷‍♀️ More likely, the Romeikes think they should be given special consideration because of it. I wonder how Trace feels about “anchor babies?” Why should Lydia get to stay?

Edited by AstridM
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1 minute ago, AstridM said:

Not as a reason people think they deserve to be deported. 🤷‍♀️ More likely, the Romeikes think they should be given special consideration because of it. I wonder how Trace feels about “anchor babies?”

Anchor babies are born to people who come to the US specifically to give birth. His wife has been in the US for years. Their child is not an anchor baby.

Assumptions are also being made about what they think about other undocumented persons without any evidence as to what they think one way or another.

BTW -- To commenters who keep saying the childs name makes them think of Ryker's Island, it is spelled Rikers.

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2 minutes ago, Dehumidifier said:

Anchor babies are born to people who come to the US specifically to give birth. His wife has been in the US for years. Their child is not an anchor baby.

Anchor babies are born to undocumented mothers, period. Even you just suggested that the rest of her family be deported, but Lydia be allowed to stay, even though her status remains illegal. Why? Because she had an “anchor baby”. 

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2 minutes ago, AstridM said:

Anchor babies are born to undocumented mothers, period. Even you just suggested that the rest of her family be deported, but Lydia be allowed to stay, even though her status remains illegal. Why? Because she had an “anchor baby”. 

Because she is married to an American citizen and the child is an American citizen. Should she have never had a child with her husband?

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