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
Date Written: June 10, 2009
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
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