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Family Unity Revisited: Divorce, Separation, And Death In Immigration Law, Albertina Antognini
Family Unity Revisited: Divorce, Separation, And Death In Immigration Law, Albertina Antognini
Law Faculty Scholarly Articles
Families are integral to immigration law and policy, and family-based immigration accounts for the majority of legal entry into the United States. Legislative, judicial, and scholarly discussions that address immigration law's family-based categories rely nearly exclusively on the principle of family unification, which has long been a cornerstone policy of immigration law. Yet the family-based provisions of immigration law do more than unify intact families; understanding families as dynamic entities that experience change reveals an immigration system that acknowledges a flexible family structure in determining status.
The principal aim of this Article is to present a more complete description of …
From Citizenship To Custody: Unwed Fathers Abroad And At Home, Albertina Antognini
From Citizenship To Custody: Unwed Fathers Abroad And At Home, Albertina Antognini
Law Faculty Scholarly Articles
The sex-based distinctions of the Immigration and Nationality Act (INA) have been remarkably resilient in the face of numerous equal protection challenges. In Miller v. Albright, Nguyen v. INS, and most recently United States v. Flores-Villar — collectively the "citizenship transmission cases" — the Supreme Court has upheld the constitutionality of the INA’s provisions that require unwed fathers, but not unwed mothers, to take a series of affirmative steps in order to transmit citizenship to their children born abroad.
The conventional account of these citizenship transmission cases is that the Court upholds sex-based distinctions that would otherwise fail …