5
complex political and geographical factors
Introduction
that
Every year, millions of people move to
escape conflict and persecution, reunite
with their families, and find better
opportunities. Regardless of what brings
them to a new country, migrants contribute
skills, perspectives, and cultural richness to
their communities.
transcend
national
boundaries.
Combating this troubling response to
migration
requires
a
transnational
perspective and collaboration with affected
communities. To this end, the Immigrants’
Rights Policy Clinic, part of the Center for
Immigration Law and Policy at the UCLA
School of Law, joined with Equal Rights
Beyond Borders, a European human rights
And yet, the world has seen a rising tide of
organization operating in Greece and
stringent
Germany,
policies
to
diminish
to
analyze
immigration
humanitarian protections and restrict
detention in the United States (U.S.) and
freedom of movement. Many countries
the European Union (EU).
have militarized their borders and blocked
This report combines research into the legal
access to their systems for granting asylum
and other forms of protection. As part of
this trend, governments’ growing reliance
on detention to manage migration is
especially troubling.
detention leads to serious violations of
human dignity and rights enshrined in
international, regional, and national laws.
People are detained simply for moving
across borders, even when they do so in an
urgent search for protection. Even those
not formally detained still face restrictions
resemble
formal
detention.
Established principles in international law
and in many national legal frameworks
purport to safeguard migrants’ rights. But
government
employees
agencies
often
to immigration detention—particularly
the detention of asylum seekers—with
first-hand accounts from people detained
in both settings.
Regardless of where it occurs, immigration
that
principles, policies, and practices pertinent
and
The choice to focus on the U.S. and the EU
reflects
position
as
leading
destinations for migrants. The U.S. and the
EU also enjoy reputations as places of
refuge that offer protection and respect for
human rights, democracy, and the rule of
law. Their settings are different enough
that the comparison is illuminating, but
similar enough that lessons from one may
apply to the other despite differences in
legal systems and political constraints.
individual
circumvent
their
those
principles with little accountability or
oversight.
The use of immigration detention reflects
Immigration Detention Across Borders
Detention of Asylum Seekers in the United States and the European Union