Freedom of Movement, Migration, and Borders

Abstract

COVID-19 policies in the European Union and the United States have severely restricted free movement, migration, and asylum rights, in particular putting into jeopardy the human rights of refugees. This article addresses these implications while indicating the particularities of anti-COVID-19 mobility measures on both sides of the Atlantic. The article will disclose that COVID-19 mobility measures represent extraordinary challenges to fundamental principles of both the European Union and the United States; free movement of persons without border controls is a central reason for the existence of the European Union, and protection of individuals fleeing persecution has been a core commitment of the United States since its founding. The human rights implications of all of these border closures are alarming, putting at grave risk vulnerable populations who are ostensibly protected by these domestic and international legal obligations.