A Tale of Two Systems: Analyzing the Treatment of Noncitizen Families in State Family Law Systems and Under the Immigration Law System

18 Pages Posted: 8 Aug 2008 Last revised: 28 Feb 2012

See all articles by Maria Pabon Lopez

Maria Pabon Lopez

Loyola University New Orleans College of Law

Date Written: August 7, 2008

Abstract

In A Tale of Two Systems: Analyzing the Treatment of Noncitizen Families in State Family Law Systems and Under the Immigration Law System, I analyzed the experiences of noncitizen families under the U.S. immigration law system and the state family law court systems. I contend that federal immigration law currently does not follow through its family unity policy and that seemingly neutral decisionmaking regarding noncitizens in state family law cases often results in unfavorable outcomes based on language ability or immigration status. I conclude that every instance of a violation of a fundamental right of a noncitizen family should be cause for concern and a call to action for citizens and noncitizens alike.

Keywords: Immigration Law, noncitizen families, U.S. immigration law systems, immigrants, state family law

JEL Classification: K19, K30

Suggested Citation

Lopez, Maria Pabon, A Tale of Two Systems: Analyzing the Treatment of Noncitizen Families in State Family Law Systems and Under the Immigration Law System (August 7, 2008). Harvard Latino Law Review, Vol. 11, 2008, Available at SSRN: https://ssrn.com/abstract=1211262

Maria Pabon Lopez (Contact Author)

Loyola University New Orleans College of Law ( email )

7214 St Charles Avenue
New Orleans, LA 70118
United States

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