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43 U.C. Davis L. Rev. 193 (2009-2010)
Deporting Grandma: Why Grandparent Deportation May Be the next Big Immigration Crisis and How to Solve It

handle is hein.journals/davlr43 and id is 195 raw text is: Deporting Grandma: Why Grandparent Deportation May Be the Next Big Immigration Crisis and How to Solve It Marcia Zug* This Article explores the issue of grandparent caregiver deportation. The phenomenon of grandparents raising grandchildren is not new, but the number of children being raised by grandparents is at an all-time high and growing. Numerous circumstances can lead to a grandparent's assumption of caregiving responsibilities, but in most cases, grandparents assume this role because there is no one else. For thousands of children, grandparents are the only family they have, and without them these children would be placed in foster care and subject to the serious problems that plague children in foster care. The importance of grandparent caregivers cannot be understated. Consequently, laws and policies that impact grandparent-headed households deserve special care and attention. Specifically, this Article focuses on the impact of immigration law on grandparent-headed families. A growing problem facing many of these households is the grandparent caregiver's immigration status. Many grandparent caregivers are undocumented immigrants who face the ever present, and increasing, threat of deportation. Such deportation can be devastating for their U.S. citizen grandchildren. The Immigration and Nationality Act, which controls who may enter and remain in the United States, contains exceptions to deportation. One such exception is the hardship exception, which authorizes cancellation of the removal of a deportable alien if such removal would cause hardship to a category of persons, defined in the statute as consisting of the alien's spouse, parent, or child, who is a citizen of the United States or an alien lawfully admitted . Assistant Professor of Law, University of South Carolina School of Law. A.B. 2000, Dartmouth College; J.D. 2004, Yale Law School. For their invaluable assistance with this Article, I would like to thank Professor Kerry Abrams of the University of Virginia and Professor Bridget Carr, Visiting Professor at the University of Michigan.

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