Immigration and Family Law

Attorney Silber co-authored an article, Custody of Children in Mixed-Status Families: Preventing the Misunderstanding and Misuse of Immigration Status in State-Court Custody Proceedings, which appeared in the Summer 2013 issue of Family Law Quarterly.  Here is an excerpt from the introduction:

        “The immigration debate is at the forefront of discourse in American society. Since 2005, there has been a growing consensus about the need for comprehensive immigration reform. In his January speech on comprehensive immigration reform, President Barack Obama urged us to remember that ‘this is not just a debate about policy. It’s about people,’ and that ‘the overwhelming majority of these individuals aren’t looking for any trouble. They’re contributing members of the community. They’re looking out for their families. They’re looking out for their neighbors. They’re woven into the fabric of our lives.’
        While immigration reform continues to be debated at the federal level, the immigration debate has also been underway at the local level. Some state and local jurisdictions have passed their own anti-immigrant laws in the course of this debate. The United States Supreme Court has overruled many, but not all, of these state law provisions and bias against immigrants has begun to manifest itself in a variety of ways in communities across the country.”

The article goes on to provide guidance for litigants in mixed-status family cases.