Professor Sarah Rogerson’s article “Unintended and Unavoidable: The Failure to Protect Rule and its Consequences for Undocumented Parents and their Children” was recently cited by the U.S. Court of Appeals 10th Circuit in the case Ibarra v. Holder.
In the case, the 10th Circuit held that a Colorado conviction for “child abuse – negligence – no injury” could not be categorically considered a “crime of child abuse, child neglect or child abandonment” as articulated in the Immigration and Nationality Act (INA), because it did not fit the generic federal definition of such a crime and because it was not the intent of Congress to make criminally negligent conduct a deportable offense.
Noting that family unity is a purpose of the INA (in addition to deportation), the Court found that the inclusion of criminally negligent conduct as a deportable offense by the lower courts was over inclusive. Professor Rogerson’s cited article, published in the Family Court Review, discusses how this approach disproportionately punishes immigrant parents for the conduct of third parties, including barring them from immigration relief, deporting them and permanently separating them from their children.
Professor Rogerson's scholarship is focused on the intersections between domestic violence, family law, international law and immigration law and policy.
With the New York Office for the Prevention of Domestic Violence, Professor Rogerson and the law school recently launched the Immigration Project, which offers legal services to domestic violence victims with unclear or undocumented immigration status. Under the Immigration Project, law students of Albany Law’s existing and well-established Family Violence Litigation Clinic can address immigration issues for victims of domestic violence, in addition to the victim’s safety, custody and/or support matters in family court.
Professor Rogerson joined the Albany Law faculty after a clinical teaching fellowship at University of Baltimore School of Law, where she taught and supervised students enrolled in the Immigrant Rights Clinic. Previously, she represented immigrant adults and children in cases involving torture, domestic violence, human trafficking and guardianship petitions at the Human Rights Initiative of North Texas, Inc., in both state and federal courts. Professor Rogerson also spent several years as a litigation associate practicing federal and state law in New York and New Jersey.
Professor Rogerson earned her J.D., as well as an M.A., from Seton Hall University, and she earned an LL.M. from Southern Methodist University. She completed her undergraduate work at Hillsdale College.