Abstract:
This thesis examines the role of international human rights law in U.S. immigration policies and, specifically, its role in U.S. immigration, detention and deportation policies. U.S. domestic immigration laws are complex and rigid, with limited judicial discretion in immigration proceedings and limited due process protections for immigrants. U.S. immigration policies prioritize detention and deportation as the main mechanisms to control and regulate immigration. Much of the academic legal literature looks outside of domestic laws to international human rights law as the solution to the human rights abuses immigrants face; however, although the United States is in stark violation of international human rights laws the federal government remains unwilling to comport with its obligations under international law. This thesis incorporates immigration attorney perspectives on the U.S. immigration system and human rights and attempts to shift the discourse away from international law as the solution to this human rights problem.
