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History Repeats Itself: Parallels Between Current-Day Threats To Immigrant Parental Rights And Native American Parental Rights In The Twentieth Century, Vinita B. Andrapalliyal
History Repeats Itself: Parallels Between Current-Day Threats To Immigrant Parental Rights And Native American Parental Rights In The Twentieth Century, Vinita B. Andrapalliyal
University of Massachusetts Law Review
Immigrant parents are currently burdened with unique risks to their parental rights, risks that bear little relation to their ability to care for their children. Recent developments in family and immigration law, historical cultural prejudices against non-Western parenting traditions, and poor immigrants’ limited access to the U.S. legal system are largely to blame. This Note explores the inadequacies in our legal system contributing to the struggles of immigrant parents to maintain family unity and connects the current situation to the disproportionate number of terminations of parental rights within the Native American community in the mid-twentieth century. It suggests that a …
Race And Immigration, Then And Now: How The Shift To "Worthiness" Undermines The 1965 Immigration Law's Civil Rights Goals, Elizabeth Keyes
Race And Immigration, Then And Now: How The Shift To "Worthiness" Undermines The 1965 Immigration Law's Civil Rights Goals, Elizabeth Keyes
All Faculty Scholarship
This essay looks at how far immigration reform has come from the explicit civil rights character of the 1965 immigration law that reshaped America. The optimism surrounding that law’s dismantling of national-origins barriers to immigration proved to be overstated in the intervening decades, as the factors determining an immigrant’s “worth and qualifications” too often became proxies for race. After briefly looking at work done by critical race theorists tracing some of ways race and immigration have long intersected in immigration legal history, the article closely examines modern-day immigration reform proposals, particularly the Senate bill that remains the most complete articulation …