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Parental Rights of Detained Immigrants

Protecting Assets and Child Custody in the Face of Deportation

A Guide for Practitioners Assisting Immigrant Families

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Fact Sheet on State v. Maria L (November, 2009)

Unanimous Nebraska Supreme Court Decision on the Legal Rights of Immigrant Parents. Undocumented, detained and deported immigrant parents have a constitutional right to care, custody and control of their children absent a finding of abuse or neglect. A comparison of cultures between the United States and the parent's home country is not to be a factor in the determination of abuse, neglect, custody or termination of parental rights. Nebraska Supreme court overturned the trial court's determination that it was better for U.S. born children to be raised in the United States by foster/adoptive parents than to be reunited with their mother in Guatemala.

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