The constitutional protection of immigrants’ rights against the Administration’s powers to detain and deport: Chile and the US compared.

This presentation will compare the ways in which the Chilean and the US Constitution provide protection to immigrants against the detention and removal powers that are enforced by the Administration in order to defend its sovereignty and other interests, such as national security. The presentation will have a practical approach to the subject, taking into consideration some recent jurisprudence of both Supreme Courts, the experience of litigation in these matters and also the current discussion that is taking place at the Chilean Congress in regards to the new immigration act project that is meant to replace the existing law. Finally, it will critically analyze if the protection granted by the Courts to the migrant population is enough to satisfy human rights standards.