When Family and Immigration Laws Intersect: Case Law and Department of Homeland Security Policy Update (September 30, 2021) [pdf]

This article looks at case law on custody and immigrant parents and the history and current U.S. Department of Homeland Security policies that confirm that in the vast majority of cases immigration status should not be a factor at all and in the limited cases when consideration may be appropriate not a determinative factor in child custody proceedings.. This article builds upon the articles published in 2013 and 2017 “Custody of Children in Mixed-Status Families: Preventing the Misunderstanding and Misuse of Immigration Status in State-Court Custody Proceedings” and “Winning Custody Cases for Immigrant Survivors: the Clash of Laws, Cultures, Custody and Parental Rights” (2017).