International human rights law and the detention of asylum seekers

Fornale, Elisa; Doebbler, Curtis (2022). International human rights law and the detention of asylum seekers. American Immigration Law Journal, 4(2), pp. 171-188. Full Court Press

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In this paper we provide an overview of the U.S. practice of detain-ing asylum seekers and compare the U.S. practice to the international human rights obligations applicable to the United States. This comparison is made in the context of the international movement toward cooperation on matters of migration and refugees evidenced by the Global Compacts on Migration and on Refugees recently adopted under the United Nations auspices. We conclude that the U.S. practice of detaining asylum seekers is inconsistent both with this general movement toward cooperation and with legal obligations that are applicable in respect of internationally protected human rights.

Item Type:	Journal Article (Original Article)
Division/Institute:	02 Faculty of Law > Department of Economic Law > World Trade Institute 10 Strategic Research Centers > World Trade Institute
UniBE Contributor:	Fornale, Elisa
Subjects:	300 Social sciences, sociology & anthropology > 320 Political science 300 Social sciences, sociology & anthropology > 340 Law 300 Social sciences, sociology & anthropology > 350 Public administration & military science
ISSN:	2642-8601
Publisher:	Full Court Press
Language:	English
Submitter:	Mario Sgarrella
Date Deposited:	20 Jan 2023 17:44
Last Modified:	20 Jan 2023 23:28
Related URLs:	Organisation
URI:	https://boris.unibe.ch/id/eprint/177208