Pro-Migrant Sanctuarysphere: European Courts Explore the Future of Human Rights Law

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Jaya Ramji-Nogales discusses a pair of recent European court decisions applying provisions of the European Convention on Human Rights to protect the children of migrants. Most strikingly, a Dutch appellate court recently prevented the Dutch government from placing a failed asylum-seeker's children in foster care to facilitate their mother's deportation. According to Ramji-Nogales, "The court decided that the children's right to family unity overrode the state interest in immigration enforcement." Ramji-Nogales sums up:

For those of us beyond the jurisdiction of the ECHR, the decisions offer a tantalizing glimpse of the impact of a robust supranational human rights regime on domestic law and policy on the treatment of migrants. And though the holdings are modest, the use of human rights language with respect to undocumented immigrants and their children and the explicit prioritizing of their rights as individuals over the state's interest in enforcement (as compared to the federal preemption analyses used to assess the rights of immigrants in recent U.S. decisions) holds significant expressive power.

Julianne Hing, guest blogging at the Atlantic, struggles with the tension between the quest for the Perfect Immigrant and the reality of imperfect human beings. I was raised in a religious household, and sometimes scriptures still pop into my head. Reading Hing's post and some of the inevitable anti-immigrant comments it triggered, "Let he who is without sin cast the first stone" comes to mind.

And via Dee at Immigration Talk, reggaeton artists Wisin & Yandel created a music video to accompany their song "Estoy Enamorado" that captures the migrant struggle in a way too rarely seen in mainstream popular culture.

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This page contains a single entry by David Bennion published on January 19, 2011 10:45 PM.

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