"SOVERIGNTY AND HUMAN RIGHTS IN U.S. IMMIGRATION POLICY" by Phuc Dinh Do

Date of Award

11-2024

Degree Type

Thesis

Degree Name

Doctor of Law (SJD)

Department

Law

First Advisor

Michael Daw, Ph.D.

Second Advisor

Warren Small, Esq.

Third Advisor

Chris Nwachukwu Okeke, Ph.D.

Abstract

This study investigates the complex interplay between U.S. immigration policy and international human rights standards. Focusing on the post-1996 landscape, particularly after the enactment of the Illegal Immigration Reform and Immigrant Responsibility Act, the research examines how the United States reconciles its border control measures with its human rights obligations. Central to this exploration is the principle of non-refoulement as dictated by the 1951 Refugee Convention and the intersection of domestic initiatives such as DACA with international child rights standards. Amidst the backdrop of security challenges post-September 11 and the economic imperatives driven by immigrant contributions, this study critically analyzes policy reform efforts, debates around citizenship pathways, and the evolving narrative of U.S. immigration law under different administrations. Through document analysis, the research aims to offer insights into aligning immigration policies with human rights to enhance economic prosperity, foster social cohesion, and elevate the United States’ global standing, all while safeguarding national sovereignty and security.

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