Volume 19, Number 3
March 2021
ARTICLE

Does Deportation Infringe Rights?

Volume 19, Number 3, March 2021, Pages 230–256
https://doi.org/10.26556/jesp.v19i3.972
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Abstract

Consider the migrant who illegally crosses an international border, and suppose that agents of the state she has entered apprehend and detain her, and then forcibly return her to her country of origin. Some opponents of aggressive deportation policies believe that, barring unusual circumstances, this process of using coercion and force to expel the migrant is an infringement of the migrant’s rights. Many of those who disagree contend that, because a state has a right to enact and enforce immigration restrictions, most deportations do not infringe rights. This paper takes the position that, absent an adequate argument to the contrary, one can conclude presumptively that the typical deportation is an infringement of the migrant’s rights. Its primary aim is to show that certain serious arguments to the contrary are inadequate.
Copyright © 2021 Kaila Draper
This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International license.
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