Navigating Family Court in Nebraska with Immigration Concerns: What Families Need to Know
Immigration backlogs and enforcement actions are creating real challenges for Nebraska families—especially when custody, guardianship, or juvenile court issues are involved. This guide explains how immigration status can affect family law outcomes, what Nebraska law says about custody and guardianship for undocumented individuals, and how families can take action to protect children during legal uncertainty. Whether you’re facing court delays, detainment, or a complex mixed-status household situation, this post offers clear, practical steps for navigating family court with immigration-related concerns.
A System Under Strain: What’s Happening in Nebraska
As of March 2025, the U.S. immigration system is carrying over 3.7 million pending cases, with average wait times exceeding 600 days. In Nebraska:
Omaha’s immigration court serves both Nebraska and Iowa, handling more than 26,000 active cases with just three judges.
Asylum denial rates in Omaha are above 96%, among the highest in the nation.
Recent ICE raids—such as the June 10 operation where nearly 100 people were detained in one day—create fear and instability in communities across the state.
These delays and disruptions spill over into family law, where immigration status often influences custody arrangements, guardianship, and access to juvenile court protections like Special Immigrant Juvenile Status (SIJS).
Nebraska Family Law: The Best Interest of the Child
Under Nebraska law (Neb. Rev. Stat. § 43-2923), all custody and guardianship decisions are made based on the best interest of the child. That standard includes factors like:
The child’s safety and emotional wellbeing,
Each parent’s ability to care for the child,
The presence or absence of abuse, neglect, or instability.
Importantly, a parent’s immigration status alone is not legal grounds to deny custody or parenting time. Courts may consider practical implications—such as a parent’s risk of detainment or deportation—but not status by itself.
How Immigration Status Affects Family Court in Nebraska
As a Nebraska family law attorneys, I frequently assist families whose legal situations are made more complex by immigration status. Here’s how those intersections typically show up:
Custody and Visitation
Undocumented parents may face challenges exchanging children if they’re subject to travel restrictions or removal proceedings.
Family court judges consider stability, consistency, and emotional safety—not just immigration status.
Guardianship and Adoption
In guardianship cases, Nebraska law focuses on whether the proposed guardian is suitable and fit.
Immigration status may be a practical concern (e.g., for background checks or identity verification), but it is not a legal disqualifier.
Special Immigrant Juvenile Status (SIJS)
SIJS is a federal immigration benefit for children under 21 who have been abused, abandoned, or neglected.
In Nebraska, the family or juvenile court must issue findings that allow the child to apply for SIJS.
Nebraska juvenile court jurisdiction generally ends at age 18, so timing is critical. If the findings aren’t made before that, the child may “age out” of eligibility.
How Nebraska Families Can Protect Themselves
If your family includes individuals with mixed immigration status—or if a child’s care is impacted by immigration issues—there are several proactive steps you can take:
1. Work With a Family Law Attorney Who Understands Immigration Intersections
I regularly represent clients in custody, guardianship, and juvenile court cases where immigration status plays a key role. My focus is ensuring children remain safe, stable, and protected—regardless of what’s happening in immigration court.
2. Prepare Essential Documents
Keep organized copies of:
Birth certificates, court records, and school documents
Any immigration or removal proceedings documentation
Evidence of caregiving (e.g., proof of residency, medical care, school enrollment)
3. Plan for Emergencies
Identify a trusted adult who can serve as a temporary caregiver.
Execute temporary delegation of parental authority paperwork under Nebraska law if needed.
Create a safety plan in case a parent is detained.
4. Act Early on SIJS-Eligible Cases
If a child under 18 may qualify for SIJS, talk to an attorney immediately.
Delay in obtaining the required family court findings could make the child ineligible.
5. Know Your Rights
You are not required to answer questions without legal counsel.
Family court proceedings are separate from immigration enforcement, and judges are bound by state law—not federal immigration policy.
Why Coordination Between Courts Matters
Immigration and family court do not operate on the same schedule. A delay in one can derail the other. For example:
A child may lose out on SIJS because family court couldn’t hold a hearing in time.
A detained parent may be unable to appear for custody proceedings, putting their parental rights at risk.
A caregiver may hesitate to seek guardianship, fearing exposure of their undocumented status.
While Nebraska courts are required to follow the best interest standard, the lack of coordination between systems often puts families at a disadvantage—especially children.
Frequently Asked Questions (FAQ)
Can a non-citizen get custody in Nebraska?
Yes. Immigration status alone cannot be used to deny custody. Courts must focus on the child’s best interest, including factors like emotional stability, safety, and continuity of care.
What is SIJS and who qualifies?
Special Immigrant Juvenile Status (SIJS) is an immigration protection for undocumented youth under 21 who have been abused, abandoned, or neglected. Nebraska family or juvenile courts must issue specific findings before the child turns 18.
What happens if a parent is detained by ICE during a custody case?
It may complicate the case, but it does not automatically eliminate parental rights. Courts may allow participation by phone or video. It’s critical to have an attorney who can protect your rights during this time.
What is Nebraska’s legal standard for family court?
The legal standard is the best interest of the child (Neb. Rev. Stat. § 43-2923). Courts must consider emotional safety, consistency, and each adult’s ability to meet the child’s needs.
I Help Nebraska Families Navigate Complex Legal Situations
I serve Nebraska families whose custody, guardianship, or juvenile court cases are made more complex by immigration status.
My goal is to help you:
Protect children from unnecessary disruption,
Navigate Nebraska courts with clarity,
And secure the most stable legal outcome possible.
Schedule a consultation today to talk about your family law options and next steps.