FAMILY AS A VEHICLE FOR ABJECTION

Abstract

In this paper, I take my bearings from those who have argued we can see a system of family law emerging in the area of immigration. Kerry Abrams, to take one example, has looked at a series of laws relating to marriage, and argued that couples that include a noncitizen are subject to a regime of federal laws and policies that is more stringent and interventionist than the state law relating to citizen couples. My focus here, however, is on a different area of immigration law or policy: a series of enforcement efforts aimed at apprehending and detaining undocumented immigrants. In particular, I will look at two recent initiatives: workplace and residential sweeps aimed at apprehending undocumented immigrants; and the emergence of "family detention" facilities designed to house families as they await determination of their immigration status.