"Certified Disaster: A Failure at the Intersection of the U Visa and the Child Welfare System"

Immigration policy, and particularly the treatment of immigrant children, has long been an issue that captivates our national attention. Deferred Action for Childhood Arrivals (“DACA”), the “surge” of unaccompanied minors, family separation, and the detention of children have all featured prominently in the media, and rightly so. But often the obstacles immigrants face in seeking relief happen in a quieter, more mundane fashion that rarely gets attention. Procedural or regulatory matters that may seem insignificant at first blush can result in insurmountable barriers to long-term immigration status and stability. This article addresses one such aspect of immigration law—U Nonimmigrant Status (also called the “U visa”)—and how it intersects with child welfare policy to harm the very immigrant youth it was meant to protect.