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Family Matters: Claiming Rights across the US-Mexico Migratory System.

Jacqueline Maria Hagan1, Ricardo Martinez-Schuldt1, Alyssa Peavey1

  • 1University of North Carolina at Chapel Hill.

Journal on Migration and Human Security
|August 21, 2019
PubMed
Summary
This summary is machine-generated.

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Mexican binational families face hardships due to US immigration policies. The Mexican consular network mediates legal claims for family separation, child support, and custody, highlighting the importance of binational structures for resolving cross-border family matters.

Area of Science:

  • Sociolegal Studies
  • Immigration Policy Analysis
  • Transnational Family Law

Background:

  • The US Immigration and Nationality Act (INA) historically prioritized family unity.
  • Current US immigration policies, including border militarization and deportation, create significant challenges for Mexican binational families seeking reunification.
  • Barriers like poverty, legal status, and fear of deportation prevent many from accessing legal remedies.

Purpose of the Study:

  • To investigate how members of Mexican binational families navigate hardships caused by US immigration policies leading to prolonged family separation.
  • To analyze the sociolegal processes involved in resolving cross-border family legal claims.
  • To examine the mediating role of the Mexican state's consular network in assisting families.

Main Methods:

Keywords:
Mexican consulateUS immigration policyfamily separationfamily unificationmigrant claimsmigrant rights

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  • Analysis of an administrative database from the Mexican consular network detailing migrant legal claims related to family separation.
  • Qualitative data from 21 interviews with consular staff and community organizations in El Paso, Raleigh, and San Francisco.
  • Investigation of sociolegal processes and the role of the Mexican consular network.

Main Results:

  • Members of Mexican binational families can and do assert their rights despite structural barriers.
  • The Mexican consular network plays a crucial mediating role in resolving child support and custody issues arising from family separation.
  • Resolution of binational family claims is contingent upon institutional infrastructure at multiple government levels and the capacity of binational structures.

Conclusions:

  • Binational structures are essential for enforcing family rights and obligations across borders, transcending limitations of national legal systems.
  • The effectiveness of these structures depends on the commitment and capacity of both sending and receiving states.
  • The Mexican state's consular network provides a vital support system for binational families facing immigration-related separations.