OMAHA, Neb. (KMTV) -- — An Omaha family wants to know why their 2-year-old niece, who is just learning to talk, is facing deportation.
The toddler, who turned two in June, recently transferred to Executive Office of Immigration Review Court in Omaha so she could stay with family members.
In May, she was with her father when he was arrested for Re-entry of a Removed Alien in Arizona.
The toddler was separated from her dad, who is from Guatemala, and taken to New York State for months before being allowed to stay with family.
Her attorney says she's too young understand what's going on in court and is just learning to speak.
"Making a 2-year-old pay for another person's decision to come here is irresponsible and barbaric. She made no decision of herself to do anything," said Tom Campbell, the attorney for the young girl.
The girl’s dad remains in custody in Arizona and is awaiting sentencing for a guilty plea. He’ll likely get time served and deported.
"She suffers for her father's love because a father knows how to care for their own child. So, she suffers," her uncle explained.
Her uncle would like to see her stay in the united states and get a good education or allow him to reunite her with her father, so she isn’t possibly deported without him.
Correction: An earlier version of the story indicated the child was transferred to the Omaha office of the U.S Customs And Immigrations Services instead of Executive Office of Immigration Review Court in Omaha. Both are located in the same building in Omaha.