About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

32 B.C. J. L. & Soc. Just. 63 (2012)
Separation, Deportation, Termination

handle is hein.journals/bctw32 and id is 71 raw text is: SEPARATION, DEPORTATION, TERMINATION MARCIA YABLON-ZUG* Abstract: There is a growing practice of separating immigrant children from their deportable parents. Parental fitness is no longer the standard with regard to undocumented immigrant parents. Increasingly, fit un- documented parents must convince courts and welfare agencies that continuing or resuming parental custody is in their child's best interest. This requirement is unique to immigrant parents and can have a disas- trous impact on their ability to retain custody of their children. Best in- terest decisions are highly subjective and courts and agencies increas- ingly base their custody determinations on subjective criteria such as negative perceptions regarding undocumented immigrants and their countries of origin, and on extremely positive beliefs regarding the benefits of an American upbringing. For undocumented parents facing deportation, this is a disastrous combination. Courts and agencies fre- quently conclude that allowing a child to leave with a deported parent, return to a foreign country, and forgo childhood in the United States is not in the child's best interest. Replacing the parental rights standard with a best interest of the child standard in the context of undocu- mented immigrant families is the latest example of the increasing power of the children's rights movement. This, however, is a drastic change and one that must receive considerable attention and consideration be- fore it is permitted to continue. INTRODUCTION On a Tuesday afternoon in late September of 2009, Maria Gurrolla was caring for her newborn son.' She had just returned home from running errands when a black police style sedan pulled up in front of @ 2012, Marcia Yablon-Zug. * Assistant Professor of Law, University of South Carolina School of Law. I would like to thank Professors Annette Appell, Washington University School of Law, Elizabeth Bartholet, Harvard Law School; Danielle Holley-Walker, University of South Carolina School of Law, Solangel Maldonado, Seton Hall University School of Law, Isabel Median, Loyola University New Orleans College of Law, Hiroshi Motomura, UCLA School of Law; Angela Onwuachi- Willig, University of Iowa College of Law; David Thronson, Michigan State University College of Law, Rose Cuison Villazor, Hofstra University School of Law, and Charles Yablon, Benja- min N. Cardozo School of Law for their invaluable assistance with this Article. I See Gabriel Falcon, Update: Amber Alert for Abducted Neuborn, ANDERSON COOPER 360' CNN BLOG, (Sept. 30, 2009, 10:37 AM), http://ac360.blogs.cnn.com/2009/09/30/update- amber-alert-for-abducted-newborn. 63

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most