The Crucial but Overlooked Role of State Decision-Making in Family-Based Immigration Matters

Family and immigration law are inevitably linked as children and families continue to cross borders. In the United States, state actors routinely make family law decisions that can have determinative effects on whether certain immigration opportunities are opened or foreclosed to noncitizens. These state actions include: (1) granting marriage certificates and divorce for a federal grant of U nonimmigrant status; and (4) making special findings required for a federal grant of Special Immigrant Juvenile Status. This Note brings awareness to the vital role states play when immigration and family law intersect, filling a gap in immigration federalism discourse. Additionally, this Note calls for greater resources and training opportunities to help state actors understand their crucial role in the immigration process.