CEU Electronic Theses and Dissertations, 2023
| Author | Desiree Driscoll |
|---|---|
| Title | Fragmented Immigration in the United States: Sanctuary as Resistance |
| Summary | This discussion will directly address the problem of the disregard for human rights principles within a fragmented US immigration system. Existing knowledge and analysis of these laws reveal that exclusionary language and laws of undocumented people are tactful in the goal of shrinking legal pathways and demonstrating the deliberate use of citizenship to maintain systemic inequality and disregard human rights principles. No matter the legal status of someone, the state must protect those within its territory from refoulement, or deportation back to “the frontiers of territories where his life or freedom would be threatened.” This threat, known more broadly as persecution is arguably one of the greatest threats to human rights (HRs) protection, through its ability to take away life and liberty itself. Underscoring this point, my discussion will also analyze scholars studying citizenship who suggest that it is a system used to employ racism, thus the US purposefully uses it as a tactic to exclude through legalized means as well as a justification to disregard internationally held HRs principles. I will make clear that the country’s approach to immigration policy has been that of deterrence through its fragmented and stop-gap nature, as exemplified by recent presidential actions that make requesting asylum impossible. Findings emphasize the dehumanization of persons seeking asylum is harmful in the perpetuation of marginalization of non-citizens and policies driving the legal right to remain as unattainable. This research highlights the need for comprehensive immigration policy reform that moves towards inclusivity within US institutions through the use of sanctuary policies and practices. |
| Supervisor | Kochenov, Dimitry |
| Department | Legal Studies MA |
| Full text | https://www.etd.ceu.edu/2023/driscoll_desiree.pdf |
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