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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

Work Authorization & Employment

U.S. federal immigration laws will often place restrictions on or will prohibit employment of certain non-citizens.

  • Courts should be aware and can make an effort to determine if employment restrictions exist prior to mandating employment (i.e., including assigning a “job log”).
  • The directive is not always feasible for litigants. Many litigants will not work without authorization for fear of undermining future immigration applications.
  • Mandated employment for certain non-citizen litigants who are restricted in employment could result in either non-compliance or unauthorized employment (i.e., which may trigger unintended negative immigration consequences).

Employer Obligations

  • Employers must verify that an individual whom they plan to employ or continue to employ in the United States is authorized to accept employment in the United States through the I-9 form and required documentation (e.g., US passport, LPR card, SS card, driver’s license).
  • Employers may face civil and criminal penalties if they violate the law.
  • No alien may accept employment in the United States unless they have been authorized to do so.

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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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