This Article argues that much of federal immigration law functions as a form of family law. Although conventional wisdom holds that family law is state law, federal immigration law actually regulates marriages that involve immigrants much more extensively than state family law does, and often unintentionally. This Article maps the architecture of federal immigration regulation through the four stages of marriage: courtship, entry into marriage, the intact marriage, and exit from marriage through divorce. It shows how laws, which appear at first glance to effectuate immigration policy, regulate the creation and dissolution of legally recognized family relations, determine the legal rights and responsibilities of family members, and therefore function as family law. These laws include immigration provisions of the Violence Against Women Act, the requirement for citizen spouses to sign an affidavit of support in order to sponsor their immigrant spouses, and immigration laws prohibiting marriage fraud. This Article concludes by offering ways to analyze whether Congress is acting within its immigration power when it passes such laws.
News & Events
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Volume 97 Lead Piece Profiled in New York Times
The Volume 97 Lead Piece, a study of how the Supreme Court treats business interests by distinguished legal scholars Lee Epstein, William M. Landes, and Richard A. Posner, was profiled in the May 5, 2013 edition of the New York Times. The story, titled Corporations Find a Friend in the Supreme Court, [...]
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Volume 98 Spring Submissions Closed
The Minnesota Law Review has closed the spring submissions period for Volume 98. Submissions for Volume 98 will reopen on Thursday, August 1. Please see the submissions page for more details.
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Volume 98 Submissions Will Open Feb. 15
The Minnesota Law Review will begin accepting submissions for Volume 98 on Friday, February 15, 2013. Please see this page for more details.
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Minnesota Law Review Announces Volume 98 Editorial Board
The Minnesota Law Review is pleased to announce its Volume 98 editorial board, headed by Editor in Chief Jake Vandelist.
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Minnesota Law Review Announces 2013 Symposium Topic
The Minnesota Law Review is pleased to announce that its 2013 symposium will address the legal and political issues facing organized labor in the United States. The symposium will be held at the University of Minnesota Law School on October 25, 2013.
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