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Full-Text Articles in Law
Unaccompanied Minors, Statutory Interpretation, And Due Process, Shani M. King, Nicole Silvestri Hall
Unaccompanied Minors, Statutory Interpretation, And Due Process, Shani M. King, Nicole Silvestri Hall
UF Law Faculty Publications
This Article proposes a novel statutory argument in favor of finding a categorical right to appointed counsel for unaccompanied minors (UMs) using the Immigration and Nationality Act (INA)’s fair hearing provision as the basis for this right. We provide the historical framework behind the enshrinement of these two rights and then argue that Congress never intended to preclude appointed counsel. We further propose that the Trafficking Victims Protection Reauthorization Act (TVPRA) grants UMs a positive liberty interest,14 and we use this statutory interest as the basis of an original means of surmounting the Lassiter presumption that only a loss of …
Expanding The Framework Of Family Issues: Bringing Children’S Rights And Children’S Perspectives Into Immigration, Nancy E. Dowd
Expanding The Framework Of Family Issues: Bringing Children’S Rights And Children’S Perspectives Into Immigration, Nancy E. Dowd
UF Law Faculty Publications
Family law, and the systems with which families interact, and child law or children’s rights, are typically viewed as separate legal subjects or categories. This essay challenges that separation and its consequences for family issues, arguing that family law and the systems with which families interact would benefit from a stronger infusion of children’s perspectives, interests and rights. One benefit would be a stronger structural or systemic focus to family law, reflecting the responsibilities of the State for children in the form of positive socio-economic supports for systems of health, education, housing and employment that are critical to children’s development. …
Cooperative Federalism And Sijs, Shani M. King, Nicole Silvestri Hall
Cooperative Federalism And Sijs, Shani M. King, Nicole Silvestri Hall
UF Law Faculty Publications
Recognizing the plight of young immigrants who have suffered abuse, neglect, or abandonment, and cannot be reunited with a parent, Congress has accorded those who qualify Special Immigrant Juvenile Status (SIJS). SIJS has created an expedited path for them to permanent residency and, ultimately, citizenship. The statutory scheme Congress crafted is unusual in that it requires each applicant to obtain a state court order finding that they meet the requirements for SIJS before the United States Citizenship and Immigration Service decides whether to confer that status on them. The implementation of this scheme has been fraught with difficulty, representing for …