The Narratives in the U.S. Courts Justifying Restricted Rights for Immigrants

Historically, constitutional protection for individual migrants in detention and in deportation proceedings have been outweighed by federal concerns over sovereignty, safety and security. Today, the federal government supports its position that the state’s interest in security outweighs the basic liberty interests of immigrants by characterizing migration as a crisis threatening the well-being of the country. This narrative has, in turn, produced a socio-legal environment that produces even more restrictions for entering migrants. This presentation will explore the narratives that the government and the courts have used to uphold an immigration regime that continues its hostility to immigrants and their individual rights.