The Controversy: Family Separation and the Immigration Law in the U.S.a

This study examines whether the Courts in the United States are recognizing the provisions of the UN Convention on the Rights of the Child as an international customary law even though it is not ratified by the U.S.A. Drawing on multidisciplinary sources, including the work of scholars and legal professionals the article explains the deportation of parents and discusses the family separation through immigration procedures and human rights approaches. The article then presents the results of recent court opinions, and compares court decisions. It concludes that some courts have made significant progress toward family integrity and for the best interest of the child, however some court decisions rejected to recognize the Convention and gave priority to the State interest and deported numerous parents even though their children are citizen of the U.S.A. On the other hand, this article also identifies a need for further improvement, which can be accomplished through the contributions of national and international organizations.