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Articles 1 - 8 of 8
Full-Text Articles in Human Rights Law
Constitutionally Unaccountable: Privatized Immigration Detention, Danielle C. Jefferis
Constitutionally Unaccountable: Privatized Immigration Detention, Danielle C. Jefferis
Indiana Law Journal
For-profit, civil immigration detention is one of this nation’s fastest growing industries. About two-thirds of the more than 50,000 people in the civil custody of federal immigration authorities find themselves at one point or another in a private, corporate-run prison that contracts with the federal government. Conditions of confinement in many of these facilities are dismal. Detainees have suffered from untreated medical conditions and endured months, in some cases years, of detention in environments that are unsafe and, at times, violent. Some have died. Yet, the spaces are largely unregulated. This Article exposes and examines the absence of a constitutional …
To Loose The Bonds: The Deceptive Promise Of Freedom From Pretrial Immigration Detention, Denise L. Gilman
To Loose The Bonds: The Deceptive Promise Of Freedom From Pretrial Immigration Detention, Denise L. Gilman
Indiana Law Journal
Each year, the United States government detains more than 60,000 migrants who are eligible for release during immigration court proceedings that will determine their right to stay in the United States. Detention or release should be adjudicated through a custody determination process focused on the question of whether a mi-grant poses a flight risk or danger to the community. Yet, because the process skips the critical inquiry into the need for detention before setting monetary bond require-ments for release that are difficult to fulfill, freedom remains elusive.
The custody determination process is a cornerstone in the U.S. immigration de-tention edifice …
Editor's Note, Alfred C. Aman, Micah J. Nichols
Editor's Note, Alfred C. Aman, Micah J. Nichols
Indiana Journal of Global Legal Studies
Globalization and Migration Symposium, Indiana University Maurer School of Law, Bloomington, Indiana, April 7-8, 2011
International Human Rights In Canadian Immigration Law - The Case Of The Immigration And Refugee Board Of Canada, Catherine Dauvergne
International Human Rights In Canadian Immigration Law - The Case Of The Immigration And Refugee Board Of Canada, Catherine Dauvergne
Indiana Journal of Global Legal Studies
This article analyzes the use of international human rights in the decision making of Canada's Immigration and Refugee Board. At the center of the analysis is a data set including all the publically available decisions of the Board since the introduction of the 2002 Immigration and Refugee Protection Act. This data set has been coded for varying degrees of engagement with international human rights law, and the results are presented and scrutinized. At the broadest level, the results are disappointing for migrant advocates as international law is relied on in an infinitesimally small number of decisions.
Globalization and Migration Symposium, …
Human Rights And The Elusive Universal Subject: Immigration Detention Under International Human Rights And Eu Law, Cathryn Costello
Human Rights And The Elusive Universal Subject: Immigration Detention Under International Human Rights And Eu Law, Cathryn Costello
Indiana Journal of Global Legal Studies
The right to liberty is ubiquitous in human rights instruments, in essence protecting all individuals from arbitrary arrest and detention. Yet, in practice, immigration detention is increasingly routine, even automatic, across Europe. Asylum seekers in particular have been targeted for detention. While international human rights law limits detention, its protections against immigration detention are weaker than in other contexts, as the state's immigration control prerogatives are given sway. In spite of the overlapping authority of international and regional human rights bodies, the caselaw in this field is diverse. Focusing on the U.N. Human Rights Committee, the European Court of Human …
International Law & Ethnic Conflict, By David Wippman, Satvinder S. Juss
International Law & Ethnic Conflict, By David Wippman, Satvinder S. Juss
Indiana Journal of Global Legal Studies
No abstract provided.
Learning From Rwanda: Addressing The Global Institutional Stalemate In Refugee Crises, Leslie E. Schafer
Learning From Rwanda: Addressing The Global Institutional Stalemate In Refugee Crises, Leslie E. Schafer
Indiana Journal of Global Legal Studies
No abstract provided.
The New Slave Trade: The International Crisis Of Immigrant Smuggling, Kevin Tessier
The New Slave Trade: The International Crisis Of Immigrant Smuggling, Kevin Tessier
Indiana Journal of Global Legal Studies
No abstract provided.