Research Handbook on Child Migration
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Research Handbook on Child Migration

Edited by Jacqueline Bhabha, Jyothi Kanics and Daniel Senovilla Hernández

The scope and complexity of child migration have only recently emerged as a critical factors in global migration. This volume assembles for the first time a richly interdisciplinary body of work, drawing on contributions from renowned scholars, eminent practitioners and prominent civil society advocates from across the globe and from a wide range of different mobility contexts. Their invaluable pedagogical tools and research documents demonstrate the urgency and breadth of this important new aspect of international human mobility in our global age.
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Chapter 11: Children’s rights and U.S. immigration law

David B. Thronson

Abstract

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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