A Better “Best Interests”: Immigration Policy in a Comparative Context

22 Pages Posted: 28 May 2020

See all articles by Michele Statz

Michele Statz

University of Minnesota Medical School, Duluth campus; University of Minnesota Law School

Lauren Heidbrink

affiliation not provided to SSRN

Date Written: October 2019

Abstract

This conceptual article examines the role and limitations of the best interests standard in international and domestic policy, with a particular focus on how the standard is implicated in the treatment of unaccompanied minors in the United States. Motivated by emergent interdisciplinary scholarship on global youth and informed by a comparative consideration of best interests across other professions, we propose a new model of best interests. This model calls for a multidimensional recognition of youths’ family‐, community‐ and decision‐making contexts; acknowledgment of youths’ rights; and a commitment to speaking with, rather than for, young people. What results is a novel and dynamic understanding of best interests with relevance to scholars, practitioners, and policymakers.

Suggested Citation

Statz, Michele and Heidbrink, Lauren, A Better “Best Interests”: Immigration Policy in a Comparative Context (October 2019). Law & Policy, Vol. 41, Issue 4, pp. 365-386, 2019, Available at SSRN: https://ssrn.com/abstract=3613134 or http://dx.doi.org/10.1111/lapo.12135

Michele Statz (Contact Author)

University of Minnesota Medical School, Duluth campus ( email )

1035 University Drive
Duluth, MN 55812-3031
United States

HOME PAGE: http://www.northlandproject.org

University of Minnesota Law School ( email )

United States

Lauren Heidbrink

affiliation not provided to SSRN

No Address Available

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