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Feinberg on Family Reunification, Immigration, and the Plus-One Proposal

By Lawrence Solum

Jessica Feinberg (DePaul University College of Law) has posted The Plus One Policy: An Autonomous Model of Family Reunification (Nevada Law Review, Forthcoming) on SSRN. Here is the abstract:

Citizens who share close, important relationships with non-citizens often face significant obstacles if they wish to continue these relationships on a permanent basis within the United States. In order to lawfully immigrate to the United States, non-citizen loved ones must fit within one of the narrowly defined admission categories established by the Immigration and Nationality Act. The majority of individuals able to immigrate can do so because they share relationships with United States citizens that render them eligible under the ?family reunification? admission category. Unfortunately, immigration law?s definition of family includes only relationships that could fit within the ?traditional family unit.? Thus, many citizens find themselves unable to reunite with the people they value most. This Article proposes adding a new category to immigration law?s current family reunification scheme. The ?Plus One Policy? would allow an adult United States citizen to sponsor one important individual in her life who does not fit within any of the pre-existing family reunification provisions. The Plus One Policy seeks to supplement the current purely ?bounded model? of family reunification, in which the government categorically decides which relationships are most valuable to its citizens, with an ?autonomous model,? whereby citizens decide for themselves which relationships they value most. Not only would such a model demonstrate that the United States recognizes and respects the wide variety of domestic and global conceptions of family, it would also further the humane and practical goals of family reunification law.

Full post as published by Legal Theory Blog on April 12, 2010 (boomark / email).