If he has clocked out the voluntary departure period, it will be really complicated. Was the verdict from the immigration court? Did he appeal to BIA or the circuit courts? Employment under F-1 is deportable but he could have applied for immediate reliefs. If he in ICE custody, he needs to, appeal further, is he is out of the voluntary departure period. Check out if he can get relief from 245(i), in which employment is forgiven, he can also apply for EOIR42B for the hardship of his two kids. There are a lot of alternative if there is a good litigator. Remember, if any of his case is not pending, he will be deported anytime. So, I would highly recommend to find a good lawyer. Apply for adjustment of status under 245 (i) as he was here in dec. 2000. File a motion to reconsider and adjustment of status with BIA, if he not one pending. If he does not have an approved LC, he can buy from someone,make sure the date covers 245(i). Once the adjustment application is filed, no one will deport him.