ICE Pushing to Deport 12-Year-Old US Citizen, Lawyer Says

The Trump administration is seeking to deport a 12-year-old boy born to a Nigerian mother and a U.S. citizen in the military, because there has not been a DNA test, his attorney told Newsweek.

As a case involving proof of citizenship while the U.S. Supreme Court decides on potential changes to birthright citizenship, the boy's legal team told Newsweek that more cases like his are likely.

The boy, who lives in Anchorage, has been placed in removal proceedings along with his mother, with U.S. Citizenship and Immigration Services (USCIS) asking for a DNA test to prove his American citizenship, which his father is refusing to take, per the legal team.

Deportation Proceedings

"The child can’t establish he’s a citizen, and right now, the government’s trying to deport him," Margaret Stock, an attorney with Cascadia Cross Border Law Group in Anchorage, Alaska, told Newsweek.

"He’s not in detention yet. They haven’t come and grabbed him and put him in a detention center, but they’ve got him in deportation proceedings. So, it’s really important for him to prove his citizenship in order to stop them from deporting him."

According to local Alaskan media, the boy's father, 46-year-old Bolanle Meshach Akinleye, a naturalized U.S. citizen, has not answered multiple requests for comment.

Attempts to reach Akinleye were unsuccessful late Thursday. A message sent to the boy's mother, who lives in Lagos, Nigeria, was not immediately returned late Thursday.

Why Proving Citizenship is Vital

ICE intends to deport the boy, whose attorney asked not to be named as he is a minor, because of questions over his citizenship. Stock explained that he was born in Turkey to his Nigerian mother and Akinleye, who was serving with the U.S. military at the time. She and her son later arrived in the U.S. on a visitor visa.

"I’ve often seen [USCIS] ask for DNA in military cases because they are often skeptical that U.S. military parents are fathering children overseas," Stock said. "For some reason, they don’t think this is a likely scenario."

Without the DNA proof, and despite what Stock said was a large amount of evidence showing the father-son link, the Trump administration is continuing with removal proceedings.

Evidence of a Father/Son Relationship

"We have tons of evidence that this guy is the father," Stock said. "Including massive numbers of photos and videos of the two of them, and the father recorded video wishing him a happy birthday on his birthday.

"Obviously, he was the only one that the mother could have had a baby with at the time. There wasn’t some other mystery man running around in Africa with her."

That former relationship was part of the reason for the withholding of the test, Stock believes, as a way to take out revenge on the mother.

A Department of Homeland Security (DHS) spokesperson told Newsweek Thursday night that the boy and his mother were illegal immigrants, adding, “They have provided no evidence that either of his parents are U.S. citizens. His application for a citizenship was denied. They have a scheduled court date and will receive full due process.”

How The Supreme Court Could Open Up Similar Cases

Stock believes that the Anchorage case will not be the last of its kind, particularly with the U.S. Supreme Court considering the birthright citizenship issue, and Republicans in Congress also pushing for tougher rules around who can be considered a U.S. citizen.

"So, if Trump is successful at the U.S. Supreme Court in overturning the 14th Amendment, we’re going to see a lot more cases like this. In fact, we’ll see hundreds of thousands of cases like this," she said. "Because people are going to have to get DNA from their biological father in order to prove their citizenship."

The court is deciding whether President Donald Trump’s January 2025 executive order seeking to limit birthright citizenship is legal. If they rule in his favor, new mechanics may need to be put in place to check parents’ immigration status when registering a birth.

What Happens Next

A Department of Justice case tracker shows that the boy is facing his next immigration hearing in January 2027, while his mother has a pending asylum case.

The DHS spokesperson suggested self-deportation, telling Newsweek, “Parents can take control of their departure with the CBP Home app and reserve the chance to come back the right legal way. The United States is offering illegal aliens $2,600 and a free flight to self-deport now. We encourage every person here illegally to take advantage of this offer and reserve the chance to come back to the U.S. the right legal way to live the American dream. If not, you will be arrested and deported without a chance to return."

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This story was originally published May 1, 2026 at 11:34 AM.