Sessions Information

  • May 7, 2019
    9:00 am - 10:15 am
    Session Type: Works-in-Progress
    Session Capacity: N/A
    Hotel: N/A
    Room: Nob Hill 6
    Floor: Sixth Floor

    The State of Undocumented Foster Youth: Inconsistent Implementation of Federal

    Immigration Regulations by State Child Protective Agencies

    Danielle Kalil, University of Michigan

    Between DACA, family separation, and the surge of unaccompanied minors at the border, immigrant children have featured heavily in the news in recent years. But we hear less about the many youth in state foster care with undocumented or insecure status who face significant obstacles to remaining in the country. These youth and their access to immigration relief are the focus of this paper. U nonimmigrant status is a type of immigration relief for victims of certain qualifying crimes who cooperate with law enforcement. To qualify, the applicant must obtain a signed certification from a law enforcement agency. Per federal regulations, any agency with “criminal investigative jurisdiction in their respective areas of expertise” may certify, including “child protective services.” Many youth in foster care are victims of a crime that would qualify them for U status. Traditional law enforcement agencies often do not investigate these crimes in a meaningful way, but child protective agencies do. Youth who cooperate with these investigations should be able to obtain a certification; nevertheless, some child protective agencies refuse to certify U visa applications. The federal government has exclusive authority over immigration, but by contravening federal immigration regulations, states are determining who gets to stay in the country. Inconsistent state implementation of federal regulations results in inequitable administration of immigration relief. This paper will examine the concrete implications of these disparate state policies on vulnerable immigrant youth as well as the broader implications to administrative law of states inconsistently interpreting and implementing federal immigration regulations.

     

Session Speakers
The University of Michigan Law School
Works-in-Progress Presenter

Session Fees

Fees information is not available at this time.