Topic: Family Law

Materials and best practices when working with family law cases for immigrants.

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[pdf] Parental-Guardian Interests Directive: How to Get a Detained or Removed Person to Court for Family Court Cases Involving Children or Incapacitated Adults (August 12, 2022) (+)

This document provides instructions regarding how attorneys and courts can use the DHS policies on detained parents to arrange to bring parents who are in detention to court for participation in cases involving their children. This document also explains that when DHS knows or learns that a person whom they may be considering for immigration enforcement is the parent or guardian who is the caregiver of a child or incapacitated adult it is against DHS policy to subject the caregiver to immigration enforcement.

Published August 12, 2022 by

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[pdf] Flight Risk of Foreign Born Parents With Children (June 12, 2021) (+)

This publication reports on research data documenting that the parents most likely to kidnap children internationally at those who are most able to travel freely to and from the U.S. and parents with close ties abroad and the means to travel (e.g., dual nationals and foreign born parents who are naturalized citizens, lawful permanent residents, have visas that allow for multiple entries into the U.S., or work visas that allow for travel abroad. It also discusses steps courts and attorneys can take to prevent parental kidnapping and best practices for responding when an opposing party argues in court that the immigration status of a parent makes it likely that the parent will flee the U.S. with the children if the immigrant parent is awarded custody.

Published June 12, 2021 by

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[pdf] Immigrant Victims of Interpersonal Violence and Protection Orders (2020) (+)

Chapter in Civil Court Responses to Intimate Partner Violence and Abuse discussing immigrant the willingness of immigrant victims of domestic violence, even in times of increased immigration enforcement and fear, to continue to seek help from state family courts in protection order cases, particularly when victims receive help and support from victim advocates and attorneys.

This publication was developed under grant number SJI-20-E-005 from the State Justice Institute. The points of view expressed are those of the authors and do not necessarily represent the official position or policies of the State Justice Institute.

Published 2020 by

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[pdf] SIJ EAD litigation Godinez v. DHS (+)

The U.S. District Court for the Western District of Missouri held that children who have been granted Special Immigrant Juvenile Status, or SIJS, have been paroled for humanitarian purposes and therefore are eligible for work authorization as parolees. Godinez v. DHS, No. 20-008280-cv-w-GAF (W.D. Mo.). The court rejected the Department of Homeland Security’s argument that […]

Published February 10, 2021 by

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[pdf] Expanding the Toolbox for Children in Immigrant Families- Tips and Tools for Child Welfare and Children’s Courts- NCJFCJ_03.23.21 (+)

NIWAP Director Leslye Orloff and Judge Susan Breall from the San Francisco Superior Court presented a webinar with the National Council of Juvenile and Family Court Justice on tips and tools for child welfare and children’s courts for children in immigrant families. The webinar covered U and T visa certifications, seeking/making state court findings required […]

Published 03.23.2021 by

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