An Immigration Rights Crisis And A Collapse Of The Founding Values of The U.S.

A report of the violations of fundamental human rights in the pursuit of the fulfillment of the political agenda of Trump

By Marcela Miteva / GICJ

Executive summary

The current paper aims to provide an overview of the legal framework that governs cases of migration, from an international perspective while also expanding on the domestic statutory law. Furthermore, the analysis will explore the inevitable conflict between the right of States to protect their sovereignty with what one may call the opposing right of immigrants to seek asylum, a right enshrined in international human rights charters. Beyond the legal framework the paper will present some of the ethical dilemmas behind State’s decision to restrict entry from the lens of neo-colonialism theory and that of non-discrimination. Furthermore, it provides a historical overview of the US restrictive immigration policies alongside  the rise of the nativism movement that justify measures  perceived to be borderline discriminatory. Lastly, the paper delves into concrete cases introducing statistical data for migration law breaches undertaken by the US government through various policies.  

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