This Article is written by Malik Mohamadsahaj, a Law Graduate of Shri S.M.Shah Law College, Mehsana (Gujarat)

Introduction :

The relationship between Immigration and Human Rights remains a critical concern within the realm of immigration law. As nations grapple with increasing due to conflicts, climate change, and economic disparity, the protection of human rights for all migrants becomes paramount. Understanding how international legal frameworks safeguard these rights is essential in addressing the challenges faced by immigrants. However, it is important to remember that all people, regardless of their migration status, have human rights. The right to freedom of movement is a fundamental human right that is enshrined in international law. However, this right is not absolute and can be restricted by states for legitimate reasons, such as national security and public order.[1] However, any restrictions on the right to freedom of movement must be proportionate and necessary to achieve the legitimate aim. Migrants are particularly vulnerable to human rights violations. They may be victims of discrimination, and exploitation.

The Intersection of Immigration and Human Rights Law :

Immigration and Human rights are intrinsically linked, as the movement of individuals across borders often engages fundamental rights and protection. The rights of migrants, refugees, and asylum seekers are central to discussions about immigration, reflecting broader human rights principles. International laws establish a framework that recognizes the dignity of all individuals, regardless of their immigration status. Every person is entitled to certain rights, including the right to seek asylum and protection from persecution. These rights highlight the need for humane treatment within immigration systems.

Immigration policies should adhere to human rights standards, ensuring that the rights of all individuals, particularly the most vulnerable, are upheld. This intersection is particularly significant in contexts where migration occurs due to conflict, persecution, or economic necessity.

Case studies: Immigration and Human rights violations :

Immigration and human rights violations manifest in various forms globally, impacting vulnerable populations. This intersection highlights the failure of legal frameworks to protect individuals under immigration law, leading to numerous distressing case studies that underscore the urgent need for reform.

One notable case is that of the U.S.-Mexico border, where thousands of migrants faced inhumane conditions in detention centers. Reports of overcrowding, inadequate medical care, and insufficient access to legal representation illustrate severe human rights infringements against these individuals seeking asylum.

Another instance took place in Europe, where the treatment of refugees fleeing war and persecution often involved pushbacks at borders, denying them safe passage. Countries such as Hungary and Poland have faced international criticism for employing policies that violate the rights of asylum seekers, contravening established international human rights standards.

These examples indicate an alarming trend of immigration and human rights violations, emphasizing the necessity for countries to adhere to their obligations under international law. Addressing these issues is vital to ensure that human rights are upheld across all immigration practices.

The relationship between Immigration law and Human rights :

There is a close relationship between immigration law and human rights. Immigration laws can affect the human rights of migrants in several ways. [2]For example, laws that make it difficult for migrants to obtain visas or citizenship can infringe on their right to freedom of movement. Laws that allow for the detention of migrants in inhumane conditions can violate their right to freedom from torture. States have a legitimate interest in controlling their borders, but they must do so in a way that respects the human rights of migrants. States are also obligated to protect the human rights of migrants who are already living in their territory.

Overview Of Immigration Law:

Immigration laws are designed to regulate individuals’ entry, exit, and residency across international borders. Sovereign states create and enforce these laws based on factors such as national security, economic needs, and social and cultural concerns. Immigration laws can be classified into two broad categories: (i) substantive laws that define the rights and obligations of immigrants and (ii) procedural laws that govern the processes by which immigration decisions are made. Refugee Convention (1951) and Protocol (1967) – The Convention and Protocol provide a framework for the protection of refugees and establish their rights and obligations. They also define who qualifies as a refugee and give a set of standards for their treatment.

Substantive immigration laws include laws related to citizenship, residency, and immigration status. Citizenship laws determine who is considered a citizen of a particular country and the rights and obligations that are associated with citizenship.[3] Residency laws define the conditions under which an individual can reside in a specific country. Immigration status laws regulate the entry and exit of individuals from a particular country. Procedural immigration laws include laws related to the procedures and processes by which immigration decisions are made. These laws have the criteria for admission, the procedures for applying for visas, the requirements for granting asylum, and the procedures for deportation.

Overview of Human Rights Law:

Fundamental rights inherent to all individuals, regardless of their legal status or nationality, are human rights. [4]International human rights law is designed to protect and recognize these rights, which include civil, political, economic, social, and cultural freedoms. The primary goal of these rights is to ensure that all individuals are treated with dignity and respect and provided with a basic standard of living, regardless of their circumstances. Civil and political rights refer to individuals’ fundamental entitlements, such as the right to be free from torture and slavery, the right to a fair trial, and the freedom of expression and assembly. On the other hand, economic, social, and cultural rights include the right to education, healthcare, housing, and adequate nutrition, which are critical for individuals to live with dignity and participate in their community, regardless of their economic or social status.

Conclusion :

The interplay between immigration laws and human rights is intricate and multi-dimensional. States have a legitimate interest in regulating immigration and maintaining border control, but all individuals, irrespective of immigration. International law serves a vital role in reconciling these conflicting interests by defining basic standards for treating migrants and refugees and ensuring state compliance. However, the effectiveness of international law in this area is contingent on the state’s willingness to adhere to its obligations under international law and the international community’s ability to hold them accountable when they do not. Ultimately, the protection and respect of the rights of migrants and refugees will require a collective effort by all stakeholders, including states, civil society, and international organizations.

References

[1] Prof. Blake N (2020) Immigration law and Human rights and intimate relationship journal of immigration & integration,21,839-854. Accessed on 24 october 2024

[2] Siddhartha Gupta (advocate ) ) https://www.juscorpus.com/the-intersection-between-immigration-laws-and-human-rights .accessed on 24 October 2024

[3] Prof.Chetail v (2019). International Migration law. Oxford University Press. https://researchdirections.org/Management/articleupload/article1197. Accessed on 24 October 2024

[4]Prof. Mark Bell, Oxford Academic Books-3, 2009 Immigration and Integration . https://academic.oup.com/hrlr/article accessed on 24 October 2024