Human Rights and Immigration Laws: A Juxtaposition of Values and Practices

Human Rights and Immigration laws exist as two separate spheres in the complex realm of legal discourse, but when these spheres intersect, they produce myriad questions about ethics, humanitarianism, and national duty (Blake, 2020). This article aims to dissect these intersecting spheres and shed light upon some of the critical issues surrounding human rights and immigration laws.

Introduction

Immigration laws, tailored by nation-states, serve to manage migratory flows, contribute to domestic welfare, and maintain state security. Conversely, human rights, universal principles endorsed by the United Nations (UN), proclaim the inalienable rights corresponding to the inherent dignity of every human being (UN, 1948).

Human Rights in Immigration Laws – Interplay and Conflicts

Initially, nation-states, autonomously shaping their immigration policies, might face challenges in negotiating the balance between national interests and the preservation of international human rights (Chetail, 2019). Examples of "Fortress Europe" and detention practices in Australia present compelling cases which hint at these conflicts (Human Rights Watch, 2020).

The plight of migrants, especially those marginalized as "economic migrants," "illegal immigrants," or "asylum seekers," underlines the ambivalence of international immigration law towards human rights. The denial of social, economic, and cultural rights of immigrants, subjected to Callamard's (2018) critique, may reflect a systemic undervaluing of these categories of rights compared to civil and political rights (Soysal, 2012).

Moreover, the criminalization of unauthorized immigration by some countries has severe implications on human dignity. De Genova (2002) discusses how such measures have led to the detention and deportation of immigrants, raising questions on the universality of human rights.

An In-depth Examination of Specific Issues

1. Refugee Protection: Amid the surge in global forced displacement, national borders appear to strengthen rather than relent. The refugee protection norm governed by the 1951 Refugee Convention is often compromised as states emphasize national security over the principle of non-refoulement, prohibiting the return of refugees to regions where their lives may be threatened (UNHCR, 1951; Gibney, 2004).

Nonetheless, Some states, such as Canada, have actively used their immigration laws to protect refugees. Canada's Private Sponsorship of Refugees Program is an exemplary model demonstrating the synergistic possibilities of human rights and immigration laws (Lamba and Krahn, 2003).

2. Children’s rights: The issue of children’s rights within the context of immigration laws further embodies potential human rights violations. Detentions and separation from parents, as seen in the United States and Australia, have been criticized for contravening the Convention on the Rights of the Child (CRC) (Human Rights Watch, 2018).

Transnational Reforms and Solutions

Certain reforms can reconcile the conflict between immigration laws and human rights, stemming from transnational coordination, inclusive welfare policies, and judicial oversight (Bosniak, 2006).

Judicial setups such as the European Court of Human Rights play a key role in rectifying legislations violating human rights norms. Chetail (2019) cites numerous instances where this court has significantly influenced European countries' immigration policy.

Furthermore, embracing immigrant integration with inclusive welfare policies is vital for respecting immigrant rights. The EU’s Common Basic Principles for Immigrant Integration Policy underlines this approach (European Commission, 2005).

Conclusion

Moving forward, nation-states, supranational bodies, legal institutions, and civil society must collectively ensure the harmonious coexistence of human rights and immigration laws. The legal profession’s role is integral to this journey – drafting laws, advising policymakers, and advocating for justice.

Implementing legal norms that uphold human rights in immigration laws may spark reconciliatory shifts, promising respect for universal dignity – a ideal the world continues to strive.

REFERENCES:

Blake, N. (2020). Immigration law and human rights: An intimate relationship. Journal of Immigration & Integration, 21, 839-854.

Chetail, V. (2019). International Migration Law. Oxford; Oxford University Press.

United Nations (UN) (1948). Universal Declaration of Human Rights. General Assembly resolution 217 A.

Human Rights Watch (2020). EU: Lack of Action on Immigration 'Emergency'. Retrieved from Human Rights Watch website: https://www.hrw.org/news/2020/05/20/eu-lack-action-immigration-emergency

Callamard, A. (2018). Immigration policies within the spectrum of human rights: A comprehensive analysis. Open Global Rights.

Soysal, Y.N. (2012). Citizenship, immigration, and the European social project: rights and obligations of individuality. British Journal of Sociology, 63(1), 1-21.

De Genova, N. (2002). Migrant "Illegality" and Deportability in Everyday Life. Annual Review of Anthropology, 31, 419-447.

Gibney, M. (2004). The Ethics and Politics of Asylum: Liberal Democracy and the Response to Refugees. Cambridge: Cambridge University Press.

Lamba, N., Krahn, H. (2003). Social capital and refugee resettlement: The social networks of refugees in Canada. Journal of International Migration and Integration, 4(3), 335-360.

Human Rights Watch (2018). US: Family Separation Harming Children, Families. Retrieved from the Human Rights Watch website: https://www.hrw.org/news/2018/07/26/us-family-separation-harming-children-families

Bosniak, L. (2006). The Citizen and the Alien: Dilemmas of Contemporary Membership. Princeton, NJ: Princeton University Press.

European Commission (2005). A Common Agenda for Integration Framework for the Integration of Third-Country Nationals in the European Union. COM(2005) 389 final.