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Abstract:
Anti-immigrant policies are gaining strength throughout the country, but the South is fighting to lead the charge. In particular, southern states are at the forefront of the movement to bar undocumented immigrants from attaining higher education. This past spring, North Carolina instituted a policy banning such students from community college. One month later, Alabama instituted a similar policy. During this same period, South Carolina enacted a total ban on undocumented immigrants attending any state institution of higher education. Also, Virginia, which already had a policy of not admitting undocumented students, extended this policy to deny in state tuition to the American citizen children of illegal immigrants.

This essay will argue that although such bans may be constitutional, the reasons southern states give for enacting these bans are disingenuous and do not withstand scrutiny. Consequently, it appears more likely that unstated reasons of racism and discrimination are motivating such policies. If correct, then not only are these policies socially and economically questionable, they are also morally reprehensible.

undocumented immigrants, higher education, The South

Abstract:
This article explores the important role served by primary caregiver grandparents and discusses the particular problems faced by non-citizen primary caregiver grandparents and their grandchildren.

The number of children being raised by grandparents is at an all time high and this trend shows no sign of abating. For thousands of children, grandparents are the only family they have, and the only people keeping them out of the foster care system and away from the devastating problems that plague children in foster care. Consequently, legislation and policies impacting grandparent headed households deserve special concern and attention.

In particular, the issue of non-citizen grandparent caregivers and the problems posed by the ever present threat of their deportation deserves special concern and attention. By 2012, the Department of Homeland Security plans to deport all immigrants to the United States, approximately 12 million people, thousands of whom are the primary caregivers to American citizen children.

In response to these problems, this article will argue that the hardship exception of the Immigration and Nationality Act, which permits cancellation of deportation when such deportation would cause significant hardship to certain qualifying relatives, should be amended to include grandchildren as qualifying relatives. The article will also suggest possible additional solutions to the problem of non-citizen primary caregiver deportation and examine the financial and social ramifications of deporting primary caregiver grandparents.

immigration, grandparent primary caregivers, deportation

Abstract:
Casino dividends have created significant wealth for many Indian tribes and have greatly improved the lives of their members. However, these benefits do not come without a price. Other scholars have noted the negative effects of gaming on tribal membership, culture, and identity but, there has been virtually no discussion regarding how casino gaming may hurt the Indian family. A recent case from the Florida Court of Appeals vividly illustrates how casino dividends can be used in ways that harm Indian families. In Cypress v. Jumper, the Florida court completely relieved an Indian father of any and all financial obligation to his children due to his children’s receipt of tribal casino dividends. In this article, I explore both the basis for, and ramifications of, this decision. I conclude that the court’s decision is not supported by previous case law permitting the consideration of children’s income but rather, is the result of the parties’ Indian ethnicity and the historic and continuing negative perceptions regarding Indian parents. I then explore the importance of child support and demonstrate that the benefits of paying child support are not simply monetary, but are also emotional and psychological. These additional benefits are especially important for Indian children who, given the centuries long assault on the Indian family, are more likely to experience family break down and the emotional and psychological effects of such breakdown than non-Indian children. Consequently, I argue that the Cypress decision creates a dangerous precedent that if followed, will allow Indian gaming to significantly harm Indian families.

Indians, Native Americans, Family, Child Support, Casino, Gaming