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Rights, Deportation, and Detention in the Age of Immigration Control$
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Tom K. Wong

Print publication date: 2015

Print ISBN-13: 9780804793063

Published to Stanford Scholarship Online: September 2015

DOI: 10.11126/stanford/9780804793063.001.0001

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Human Rights and Immigration Control Wrongs

Human Rights and Immigration Control Wrongs

(p.27) 2 Human Rights and Immigration Control Wrongs
Rights, Deportation, and Detention in the Age of Immigration Control

Tom K. Wong

Stanford University Press

This chapter examines and inventories what the human rights of migrants are as a matter of international human rights law, focusing on rights in the context of deportation and immigration detention. It examines the role that human rights play in the context of immigration control by analyzing the determinants of the ratification of international human rights treaties that require states to extend rights protections to noncitizens, focusing on the Migrant Workers Convention (ICRMW). It argues and finds that because treaties such as the ICRMW impose high sovereignty costs on states, meaning they increase the distance between what states want to do with respect to immigration control and what they can do as parties to these treaties, they are not likely to be ratified. Consequently, emergent human rights norms related to noncitizens have yet to become fully instantiated in the domestic legal frameworks that govern the machinery of immigration control.

Keywords:   human rights of migrants, citizenship gap, sovereignty costs, immigration control, deportation, detention, international migration, irregular migration, unauthorized immigrants

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