Thursday, September 26, 2013
Immigration Article of the Day: Undocumented Migrants and the Failures of Universal Individualism by Jaya Ramji-Nogales
Undocumented Migrants and the Failures of Universal Individualism by Jaya Ramji-Nogales, Temple University - James E. Beasley School of Law September 6, 2013
Abstract: In recent years, advocates and scholars have made increasing efforts to situate undocumented migrants within the human rights framework. Few have examined international human rights law closely enough to discover just how limited it is in its protections of the undocumented. This article takes that failure as a starting point to launch a critique of the universal individualist project that characterizes the current human rights system. It then catalogues in detail the protections available to undocumented migrants international human rights law, which are far fewer than often assumed. The article demonstrates through a careful analysis of relevant law that the human rights framework contains significant conceptual gaps when it comes to the undocumented. It concludes by stepping away from human rights law and offering a radically innovative approach to protecting undocumented migrants and other vulnerable populations.