my friends son is 16 years old and has no papers to be here legally. he got in trouble at school for having?

Taziketoro

He is not going to be arrested when he shows up for court. Chances are that they won't even find out that he's illegal. If they do find out they may report it to immigration and they may choose to take action. It won't happen over night.
Since both the boy and the mom are illegal they can be deported at any time if they are caught. It's not that the mom would be deported for her son's mistakes, she would be deported because she's illegal. The crime doesn't really make a difference. The problem that the crime causes is that now the family will have to have contact with a government agency and can be found out.

I would strongly recommend that the mom and the boy speak to a lawyer ASAP. It's extremely important. Criminal defense attorneys often do free consultations in person or over the phone. Call around to find a few that will do a free consultation and go see a few different lawyers for advice. The lawyer won't turn them in so don't worry about that. They should be able to hire a lawyer to go with them to the court date for $300-$500, give or take depending on the area. Shop around to find a lawyer that will go with him for that amount. Some will tell you it's a lot more but there are lawyers that will take on a quick hearing for a few hundred. If the mom can get the money for a lawyer somehow that it absolutely the best she can do. If they have the money to consult an immigration attorney that would also be a good idea.

Good luck. And please tell this kid that breaking the law can have much more dire consequences for him than it would for his friends that are not illegal. There is a risk that they will be found out through this and end up getting deported but it may also not happen.

ETA: Chances are very, very slim - slim to none - that the 16-year old will serve time for selling $5 worth of marijuana, especially it it's his first offense. Don't listen to these other people. They don't know what they are talking about.

Billy Blaze

The problem isn't that he "has no papers." This implies that he had them at one point, and then oops! he lost them.

The problem is that he is an illegal alien. He has no right to be here, and so he can be deported at any time. His mother is likewise an illegal alien, and she too can be deported at any time.

Hugo

What a mess. Kid is an illegal alien, busted for selling drugs. The answers to your questions are yes. He can be arrested and deported although, he'd most likely do a little time first on the drug dealing charge. And since his mother is also an illegal alien, she can be deported at any time. There doesn't have to be an underlying reason to deport an illegal alien.

Daria { Ad Astra Per Aspera }

Wow, he's a criminal. What the hell kind of child deals drugs? He deserves to be deported.
He's going to have to go to court and possibly face having to go to juvenile jail.
You better hope your illegal friends have a hell of a lawyer. He will probably have to serve his sentence & be deported.

useyoureffinhead

I hope both of them get deported.

ibu guru

School zones are "drug-free zones," so getting busted for having and selling drugs on school property is much more serious than if he'd been caught on the street far from the school zone. This is probably why he's in superior court instead of juvenile court. He is being tried as an adult, not as a juvenile.

It is also a sign that the authorities (school officials, police, public prosecutor) are taking this seriously and going after this kid. He is much more likely to do time than if he'd been caught elsewhere. Not knowing your state, it's hard to determine the possibilities more precisely - he may be in a state with mandatory jail time for drug dealing on school property. This is a bigger deal than some people might lead you to think.

With a conviction for dealing drugs, he is more likely to be deported once he gets out of jail, juvenile or not. The whole family is now under judicial scrutiny, and their illegal status is likely to come out. Deportation is increasingly likely as this matter is further investigated and the court case unfolds. For one thing, they want to know where he's getting these drugs, who else is involved.

Mom will be deported for her own violations of the law, not as punishment for her son's lawbreaking. Unless, of course, she knew about or supplied the drugs, or had some role in the smuggling and/or distribution of the drugs her son was selling. Then she's going to prison before she's deported.

When deported, they will be permanently barred from reentry as criminal aliens. It won't likely be just a 10-year bar. The whole lot of them ought to be deported and barred.

chuck steak

Well he's gonna be bagged and sent back to a spit hole of a country he was spat out from

Mary

yes probably

daytripper

He not only got cot selling drugs , He got cot selling drugs in a school zone , that is a big time no no.
Can your friends son be arrested and deported ? Absolutely .

JBS

Just the kind of people we are attracting to our country! Will they reimburse us for the years of education we provided for him while he was in our country illegally - I think not. Personally I hope they get caught!

But I'd bet nothing will become of this - it just keeps repeating itself over and over...would someone build the damn fence please?

Maricopa County

He had more than $ 5.00 worth that might been what this sale took in chances are he had a lot more weed valued at $$$$ look for him to be deported

George L

It's certainly possible, but there's no way to know for sure. some police departments are very proactive on checking on immigration status and some aren't. considering that he and his family are here illegally, certainly they could be deported.

Jan

Yes,he can be arrested and deported. He was caught selling drugs in a school zone. The penalties for selling in a school zone are far more severe even if it is a small amount. His mother can be deported if it is found out that she too is here illegally. We don't want to be accused of breaking up families so she should be deported along with her criminal son.

Ruby

If he gets arrested and put into adult jail then there is a chance that immigration could come and put a hold on him, but I wouldn't understand why he would be put into adult jail if he's a minor. Thats how deportation starts and works...and as for his mother, I wouldn't be worried if she didn't do any crime. Immigration doesn't just come up and knock on your door and deport you for no criminal charges. People on here may say it works that way, but I've recently learned it doesn't. You usually got to go to jail and get an immigration hold on you..thats how it mostly works. And as for the criminal case judge and immigration...those are two totally different things...he's going to go to the judge who deals criminal cases and charges. That judge is not going to discuss immigration issues and his legal status and immigation case. I was just in a courtroom about a month ago watching a wide range of people from who were legal and illegal and some were transported from jail to go in front of the judge and when the illegals from jail would stand up there and ask to let them out of jail the judge would reply you're free by me I don't have any hold on you, but immigration did..which the judge had nothing to do with or knew nothing that was going to happen so he would just give them instructions on what to do and to come back to him in the case they didn't get deported because he didn't know because criminal case judges have nothing to do with immigration...you only got to worry if he goes to jail. Thats how immigration will get ahold of him not through criminal case judges. I don't know the chances of him going to jail though over a $5 dollar marijuana issue..but then again that depends on the case and weather it was a misdeamenor or felony.

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