Fear and Failing in Family Court: Special Immigrant Juvenile Status and the State Court Problem

Authors

Jessica R. Pulitzer, Benjamin N. Cardozo School of Law

Abstract

The note examines the challenges faced by immigrant children seeking Special Immigrant Juvenile Status (SIJS), highlighting how state family courts' inconsistent application of the law undermines the federal statute's intent to protect vulnerable children. It argues that while SIJS was designed to provide relief to children who have suffered abuse, abandonment, or neglect, procedural and substantive inconsistencies in family court adjudications, particularly in interpreting the "best interests of the child" principle, create barriers for eligible youth. The note advocates for reforms to ensure consistent and fair access to SIJS, emphasizing the need for standardized best interest principles and greater awareness among family court judges.

Disciplines

Immigration Law | Law | Law and Gender

Recommended Citation

Jessica R. Pulitzer, Fear and Failing in Family Court: Special Immigrant Juvenile Status and the State Court Problem, 21 Cardozo J. Equal Rts. & Soc. Just. 201 (2014).
Available at: https://larc.cardozo.yu.edu/cardozoersj/vol21/iss1/8