ICE Seeks to Deport 12-Year-Old Living in Alaska as Family Fights to Prove U.S. Citizenship Without DNA Test

A 12-year-old boy living in Alaska is facing deportation after federal immigration authorities rejected evidence that he is a U.S. citizen, according to his attorney, who says the case highlights growing disputes over how citizenship is verified.

The child's legal team says they submitted documentation showing the boy derived U.S. citizenship through his father, including an affidavit from the father, who is a U.S. citizen, reported Forbes. But U.S. Citizenship and Immigration Services has declined to accept the claim without DNA evidence establishing paternity.

That requirement has stalled the case.

"USCIS is refusing to recognize his citizenship without DNA testing," the boy's attorney said in court filings. "Without that, he cannot obtain a Certificate of Citizenship, and ICE is moving forward with removal proceedings."

Under U.S. law, children born abroad to U.S. citizens can automatically acquire citizenship if certain legal and physical presence requirements are met. Typically, that status can be documented through a Certificate of Citizenship issued by USCIS or a U.S. passport issued by the State Department.

In this case, the boy's father has declined to submit DNA evidence, according to the attorney, leaving the government unconvinced that the legal standard for proving the parent-child relationship has been met.

USCIS policy allows for a range of evidence to establish citizenship claims, including birth records, affidavits, and other documentation. However, the agency may request DNA testing when officials determine the existing evidence is insufficient or inconclusive.

The Department of Homeland Security has not publicly commented on the individual case. ICE has also not released details about the timing of any potential removal.

Legal experts say the case underscores the high stakes involved when citizenship status is in dispute.

"If someone is a U.S. citizen, they cannot be deported. That is absolute," said an immigration attorney familiar with similar cases. "The challenge is proving that status to the government's satisfaction, especially when documentation is limited or questioned."

Cases involving potential deportation of U.S. citizens are rare but not unprecedented. Government watchdog reports and past court cases have documented instances in which individuals later proven to be U.S. citizens were detained or removed due to documentation disputes.

Advocates say DNA requirements can become a barrier when families are unwilling or unable to comply, whether for personal, financial or legal reasons.

The boy's attorney said the lack of a Certificate of Citizenship is the central issue preventing the case from being resolved.

"Without recognition of his citizenship, he is being treated as removable," the attorney said. "We are asking the government to recognize the evidence already submitted."

The case remains pending, with the child still at risk of deportation as legal efforts continue to establish his citizenship status.