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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 4 - Child Support

Contempt & Incarceration

Civil Contempt in Family Court

  • 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 other applications for immigration-related relief/benefit, which may lead to the loss of protection from deportation.
  • Any immigration benefit that the U.S. denied a family member may
    also impact the immigration status of children or other family members.

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FCA Article 4 - Child Support

  • Challenges in Child Support Proceedings
  • Documentation – Non-Citizen Payees
  • Issues for Non-Citizen Payors
  • Work Authorization & Employment
  • Evidentiary Issues & Judicial Considerations
  • I-864 Affidavit of Support
  • Collection & Enforcement
  • The Court Order: Suggestions
  • Contempt & Incarceration
  • FCA Article 4 Slide Presentation

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