Children and Family Unity: The Unintended Effects of the Unlawful Presence Bars

This Article examines the adverse consequences of the unlawful presence bars (ULP bars) on the fundamental right to family unity, with a particular focus on children as collateral victims. While the ULP bars intended to curb entering without inspection, they have had unintended and disproportionate effects on immigrant families, especially children. This Article argues that the ULP bars violate children’s right to family unity, highlighting the legal and social challenges that the bars impose on families. Further, this Article explores the severe challenges faced by families, including the effects on children’s well-being and the disproportionate impact on low-income and immigrant communities of color. The Article concludes by advocating for reform through balancing immigration enforcement and the protection of children’s right to family unity, urging policymakers to consider the long-term implications of the ULP bars on both children and families.