Volume 36
Issue
2
Date
2022

No Parent Left Behind: Seeking Equality for Parents of U.S. Citizens

by Jesus Torres-Rojas

When applying for an immigration benefit they are otherwise eligible for, several parents of U.S. citizens are confronted with the reality of the three and ten-year bar to admissibility. This bar to admissibility, enacted by Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) of 1996, prevents an individual from obtaining legal status if they were or are unlawfully present in the United States. This is the reality for many individuals who entered the United States irregularly and have U.S. citizen children who are now of age to petition for an immigration benefit for their parents. While a waiver to such bar is available for spouses and offspring of U.S. citizens, the waiver fails to afford the same opportunity to said parents of U.S. citizens. This Note explains the source of the bar, formulates an equal protection claim against the waiver by establishing that the familial relationships at issue are similarly situated, finds the appropriate standard of review to be strict scrutiny, explains how the waiver fails strict scrutiny, and resolves that the waiver must be extended to the parents of U.S. citizens.

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