Lack of Detained Parents' Access to the Family Justice System and the Unjust Severance of the Parent-Child Relationship

33 Pages Posted: 10 Oct 2013 Last revised: 10 Feb 2014

Date Written: October 10, 2013

Abstract

Immigration law enforcement has numerous intended and unintended consequences for immigrant families. When a parent is detained as a result of immigration enforcement activities, their ability to access to the family justice system is limited and there are few, if any, due process protections afforded to them. As a result, it is now well-documented that children of detained parents have been separated from their families and placed into the child welfare system at an alarming rate, despite the desire of the parents to be reunited with their children. This article addresses the United States government's legal obligation to offer immigrant detainee parents (and their children) access to, and meaningful participation in, family court proceedings affecting the parent-child relationship.

Keywords: immigration, family, due process, children, parents, detention

Suggested Citation

Rogerson, Sarah Hill, Lack of Detained Parents' Access to the Family Justice System and the Unjust Severance of the Parent-Child Relationship (October 10, 2013). Family Law Quarterly, Vol. 47, No. 2, 2013, Albany Law School Research Paper No. 8 for 2013-2014, Available at SSRN: https://ssrn.com/abstract=2338346

Sarah Hill Rogerson (Contact Author)

Albany Law School ( email )

80 New Scotland Avenue
Albany, NY 12208
United States

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