Abstract

http://ssrn.com/abstract=2144812
 


 



Realizing Liberty: The Use of International Human Rights Law to Realign Immigration Detention in the United States


Denise L. Gilman


University of Texas at Austin - School of Law

August 24, 2012


Abstract:     
This article takes a comprehensive look at the extensive U.S. immigration detention system from a human rights perspective. The article represents a first effort to synthesize and present recently-developed international human rights standards and apply those rules to the U.S. immigration detention system. It engages in an in-depth analysis to identify the changes necessary to realign U.S. law and scale back immigration detention in accord with international human rights law. The article proposes that U.S. courts should effect those changes through the interpretation of constitutional and statutory provisions in light of the international human rights law standards. This use of the human rights standards is appropriate, because the standards represent binding obligations for the United States as a matter of international law and closely track U.S. constitutional law principles relating to civil detention in contexts less contentious than immigration. The article demonstrates how the application of international human rights law standards can bring rationality and humanity to U.S. immigration detention by revitalizing the right to liberty, which constitutes a core conception in both international human rights law and U.S. constitutional law.

Number of Pages in PDF File: 91

Keywords: immigration, human rights, detention, liberty

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Date posted: September 12, 2012 ; Last revised: August 12, 2013

Suggested Citation

Gilman, Denise L., Realizing Liberty: The Use of International Human Rights Law to Realign Immigration Detention in the United States (August 24, 2012). Available at SSRN: http://ssrn.com/abstract=2144812 or http://dx.doi.org/10.2139/ssrn.2144812

Contact Information

Denise L. Gilman (Contact Author)
University of Texas at Austin - School of Law ( email )
727 E. Dean Keeton St.
Austin, TX 78751
United States
512-232-7796 (Phone)
512-232-0800 (Fax)
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