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The Case for ‘Firewall’ Protections for Irregular Migrants: Safeguarding Fundamental Rights

2-3, European Journal of Migration and Law (EMIL), 157-183

27 Pages Posted: 17 May 2016 Last revised: 20 May 2016

François Crépeau

McGill University - Faculty of Law: Hans & Tamar Oppenheimer Chair in Public International Law

Bethany Hastie

University of British Columbia (UBC), Faculty of Law

Date Written: 2015

Abstract

The issue of irregular migration is experiencing heightened attention in political, social and legal arenas. While deterrence and crime-control discourse and practices dominate current approaches to irregular migration, this article seeks to focus on the problematic neglect of the treatment of irregular migrants in destination countries, in relation to their ability to access fundamental rights and basic public services. This article will put forth an argument for the establishment of firewalls – a separation between immigration enforcement activities and public service provision. This article will canvass existing trends and practices that have both contributed to the erosion of firewall protections, and have built and maintained meaningful firewalls between immigration and public service provision.

Keywords: immigration enforcement, Irregular migration, firewalls, fundamental rights

Suggested Citation

Crépeau, François and Hastie, Bethany, The Case for ‘Firewall’ Protections for Irregular Migrants: Safeguarding Fundamental Rights (2015). 2-3, European Journal of Migration and Law (EMIL), 157-183. Available at SSRN: https://ssrn.com/abstract=2780641

François Crépeau (Contact Author)

McGill University - Faculty of Law: Hans & Tamar Oppenheimer Chair in Public International Law ( email )

3644 Peel Street
Montreal H3A 1W9, Quebec
Canada

Bethany Hastie

University of British Columbia (UBC), Faculty of Law ( email )

1822 East Mall
Vancouver, British Columbia V6T 1Z1
Canada

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