FCA Article 10 - Abuse & Neglect

Civil Contempt & Incarceration

  • When a non-citizen is held in contempt and given jail time, the individual becomes vulnerable to detection by ICE and deportation proceedings.
  • ICE referral or custody should not deprive a non-citizen litigant’s access to the family court proceeding.

Detention and Immigration Enforcement Referral

Certain non-citizens, once detained in a local, state or federal jail or prison, may be subject to referral to ICE.

Incarceration can also lead to the denial of immigration benefits and relief

  • Any time spent in jail can lead to the discretionary denial of citizenship, permanent residence, and lead to the loss of protection from deportation.
  • If a parent is barred from naturalizing, or achieving another immigration benefit, their children may also become ineligible.
  • Any immigration benefit that is denied may also impact the immigration status and/or benefit afforded to other non-citizen family members (including opposing non-citizen family litigants).

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