Edited by Jacqueline Bhabha, Jyothi Kanics and Daniel Senovilla Hernández
Chapter 11: Children’s rights and U.S. immigration law
Incoherence and inconsistency are hallmarks of the treatment of children in U.S. immigration law. The United States fails to recognize children as individuals with agency and rights. By conspicuously limiting children’s rights in family immigration or by ignoring the procedural rights, developmental differences and vulnerabilities of children in other forms of relief, U.S. immigration law at worst actively undermines children’s rights and at best makes no real attempt to consider or vindicate children’s rights. Children’s voices and interests are lost as immigration law alternately subordinates their interests and needs to those of adults and fails to acknowledge their protection needs.
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