Crossing the Border or Crossing the Line? Why Alternate Dispute Resolution is the Best Route to Reunite Families of Immigrant Children Separated at The U.S.-Mexico Border

Authors

Colby Berman, Benjamin N. Cardozo School of Law

Abstract

This Note will explore the problem of family separation at the U.S.-Mexico border and propose a solution through the use of mediation as a means to peacefully reunite families without lengthy, emotionally-draining, and expensive litigation. It will discuss case law addressing the problem, as well as the recent history of family separation under President Obama and President Trump. This Note will briefly examine methods used to maintain a tough stance on immigration while also alleviating family separation of immigrant populations, looking to other developed countries' tactics, as well as the United States' Family Case Management Program (which enjoyed success in the recent past), for guidance. Finally, it will analyze the effectiveness of mediation in this context and propose a solution to the problem, focusing on reinstating the Family Case Management Program and transferring the functions of current immigration litigation actors in pursuit of mediation that is neutral and fair to all parties.

Disciplines

Dispute Resolution and Arbitration | Fourteenth Amendment | Health Law and Policy | Immigration Law | Law

Recommended Citation

Colby Berman, Crossing the Border or Crossing the Line? Why Alternate Dispute Resolution is the Best Route to Reunite Families of Immigrant Children Separated at The U.S.-Mexico Border, 21 Cardozo J. Conflict Resol. 465 (2020).
Available at: https://larc.cardozo.yu.edu/cjcr/vol21/iss2/9