Bringing International Law to Bear on the Detention of Refugees and Conditions of Detention in the United States

Willamette Journal of International Law and Dispute Resolution, Symposium Issue

26 Pages Posted: 21 Sep 2009 Last revised: 17 Oct 2011

See all articles by Gwynne Skinner

Gwynne Skinner

Willamette University - College of Law

Date Written: June 10, 2009

Abstract

After describing how U.S. immigration law and policy results in the detention of refugees, this Article sets forth the application of international law - treaties as well as customary international law - to both the detention of those claiming asylum and to the conditions of immigration detention. The article also outlines findings of a recent human rights fact-finding with regard to conditions of immigrant detention. The article concludes that the United States in not in compliance with international law in the detention of refugees, and that it is not in compliance with federal constitutional law or international law with regard to the conditions of immigrant detention, especially where refugees are concerned.

Keywords: refugees, detention

Suggested Citation

Skinner, Gwynne, Bringing International Law to Bear on the Detention of Refugees and Conditions of Detention in the United States (June 10, 2009). Willamette Journal of International Law and Dispute Resolution, Symposium Issue. Available at SSRN: https://ssrn.com/abstract=1476504

Gwynne Skinner (Contact Author)

Willamette University - College of Law ( email )

245 Winter St. SE
Salem, OR 97301
United States

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