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Authors

Kristin Maun

Abstract

This comment will give an overview of past and present sanctuary movements, the legal strategies they have formulated to defend those whom they shelter, and their impact on immigration law and policy. Then it will examine the particular strategy of de facto deportation-the NSM's legal strategy of choice-to understand what is necessary to establish the claim, and whether it could nullify an alien parent's removal order. Next, it will analyze two legal principles underlying de facto deportation claims: the right of a child to be raised by his parents and the right of a citizen child to reside in the United States, to determine whether current court opinions have accurately dealt with the legal and practical realities of these interests. Finally, this comment will conclude with and analysis of how current political trends will affect the future of the NSM and claims of de facto deportation.

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