What the Kilmar Abrego Garcia Case Teaches Us About Protecting Families Through the Law
The recent headlines about Kilmar Abrego Garcia, a Panamanian father wrongfully deported despite having legal protection in the U.S., have struck a chord nationwide. Kilmar had lived in the U.S. for over a decade under a form of humanitarian relief known as withholding of removal. But in a serious lapse, immigration authorities mistakenly deported him, leaving his five-year-old U.S. citizen son alone in foster care.
This tragic separation—only reversed through the efforts of legal advocates and public pressure—is a painful reminder of what can happen when immigration enforcement collides with family law systems. It also reinforces how important it is for families to have legal protections and a proactive plan in place, especially when their future in the U.S. is uncertain.
What Went Wrong in the Kilmar Abrego Garcia Case?
Kilmar Abrego Garcia had lawful protection to remain in the United States under a form of immigration relief called withholding of removal—a status granted to individuals who would face danger if deported. Despite this protection, he was detained and deported in error. Meanwhile, his U.S. citizen son was placed in foster care, separated from the only parent he knew.
It took multiple court orders, legal action, and public attention to reunite the family. Without that advocacy, the separation could have become indefinite—or permanent.
Unfortunately, this is not an isolated story. Similar breakdowns can and do happen when:
Immigration enforcement systems fail to recognize or honor existing protections
Child welfare agencies remove children without considering a parent’s legal rights
Families do not have documented guardianship or custody plans in place
Why This Matters in Nebraska—and How I Help Families Avoid Crisis
In my law practice here in Nebraska, I work with families in precisely these kinds of cross-system situations—where immigration, family law, and child welfare overlap. That includes:
Family-based immigration representation, including I-130 petitions and adjustment of status
Legal guardianship and custody planning for mixed-status families
LGBTQ+ family protection through powers of attorney, advance directives, and estate planning
Emergency legal strategies for parents or guardians at risk of detention or deportation
These are not just legal issues. They are about family unity, dignity, and long-term stability. The stakes are especially high when U.S. citizen children are involved and risk being placed in the foster system due to misunderstandings or administrative errors.
Why Proactive Legal Planning Is Essential
The truth is, families often don’t realize how vulnerable they are until it’s too late. Immigration enforcement can happen quickly—and families without legal safeguards in place may have little recourse in the moment.
That’s why I help clients:
Create emergency guardianship designations
Develop legal plans for caregiving and custody if a parent is detained
Understand their immigration rights and legal status
Pursue lawful pathways to adjust or protect immigration status
Navigate both state and federal systems when family issues arise
Having a trusted advocate on your side—one who understands both immigration and family law in Nebraska—can make all the difference.
My Approach: Compassionate, Clear, and Centered on Family
Every legal matter involves people, relationships, and decisions that shape real lives. That’s why I approach each case with care, clarity, and a deep respect for what’s at stake. Whether you’re dealing with immigration uncertainty, child custody issues, or long-term planning for your family’s wellbeing, my goal is to help you feel protected, informed, and supported.
Call or text 402-259-0059 or Email zach@zandersonlaw.com.
If Kilmar’s story has you thinking about your own situation—or the risks your family may face—don’t wait for a crisis. Let’s talk about how to put a plan in place that protects what matters most.
Frequently Asked Questions
What is withholding of removal?
Withholding of removal is a type of humanitarian protection granted by immigration courts to people who would face persecution or torture if deported. While it does not provide permanent legal status, it prevents deportation to a specific country and may allow someone to live and work in the U.S.
Can someone with legal protection still be deported?
They should not be—but mistakes can happen. Administrative errors, improper ICE actions, or a lack of clear legal documentation can result in wrongful detention or deportation. Legal representation is critical in these cases.
What happens to a U.S. citizen child if their parent is deported?
If there is no legal guardian designated, the child may be placed in foster care. That’s why it’s essential to create legal plans—such as powers of attorney or standby guardianship documents—to protect the child and maintain family unity.
How can I protect my family if I’m undocumented or at risk of detention?
You can create a legal care plan for your children, file for any available immigration relief, and consult with an attorney about your status. Proactive legal planning—including guardianship, estate planning, and immigration options—can reduce risk and protect your rights.
Can I help a family member like Kilmar return to the U.S.?
In some cases, legal strategies can be used to reopen deportation orders or file humanitarian parole requests. These are complex and time-sensitive matters, and you should speak with an experienced immigration attorney as soon as possible.