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Immigrants and State Courts

Immigrants and State Courts

The New York Family Court Act & Federal Immigration Law, Policy & Enforcement

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FCA Article 10 - Abuse & Neglect

Termination of Parental Rights (TPR)

Because so many immigration benefits depend on familial relationships, severing the parent-child relationship has consequences for parents and children.

  • Children: TPR can make a child permanently ineligible to derive citizenship from a parent.
  • Parents: Disrupting the parent-child relationship may negatively impact a parent’s immigration applications, including applications for relief from deportation that require a showing of hardship to children.

Adoption and Safe Families Act (ASFA)

  • N.Y. Social Services Law 384-b allows for an exception to the ASFA requirement that Child Protective Services file a TPR petition when a child has been in foster care for 15 out of the past 22 months if the parent has been held in immigration detention and maintains a meaningful role in their child’s life.
  • Immigration detention does not provide the basis to deprive a family member from meaningful access to a family court proceeding.

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FCA Article 10 - Abuse & Neglect

  • Issues for the Child
    • Special Immigrant Juvenile Status (SIJS)
    • U Nonimmigrant Status
    • Supporting Evidence for VAWA & T Visa
  • Issues for the Respondent
    • Orders of Protection
    • Concurrent Criminal Proceedings
    • Civil Contempt & Incarceration
    • Admissions and Fact Finding
    • Termination of Parental Rights (TPR)
    • Immigration Detention
  • FCA Article 10 Slide Presentation

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