International law on migration

  • What are the rights of immigrants?

    Civil Rights Laws – immigrants, regardless of their status, are protected from unlawful discrimination in employment, education, housing, and public accommodations (e.g., restaurants, hotels) on various bases, such as race, national origin, religion, sex, disability, and age..

  • What is a migration policy?

    A recent definition describes migration policies as: “… a government's statements of what it intends to do or not do (including laws, regulations, decisions or orders) in regards to the selection, admission, settlement and deportation of foreign citizens residing in the country” (Bjerre et al ., 2015)..

  • What is international migration theory?

    International migration stems from international differentials in wages and opportunities. (macro-level) To maximize their human capital return, individuals who can have higher return to human capital in receiving countries are more likely to move internationally than others..

  • A recent definition describes migration policies as: “… a government's statements of what it intends to do or not do (including laws, regulations, decisions or orders) in regards to the selection, admission, settlement and deportation of foreign citizens residing in the country” (Bjerre et al ., 2015).
  • Immigration law in Australia is governed by the Migration Act 1958 and the Migration Regulations 1994.
    It includes the regulation of visas, the administration of immigration detention centres and grants of citizenship.
    It also includes visa cancellations and the revocation of citizenship.
  • International migrants contribute to the sustainable development of countries and communities of origin.
    In 2021, migrants sent home $773 billion in remittances, of which $605 billion to families in low-income or middle-income countries.
  • Most migrants move only a short distance.
    There is a process of absorption, whereby people immediately surrounding a rapidly growing town move into it and the gaps they leave are filled by migrants from more distant areas, and so on until the attractive force [pull factors] is spent.

A Bill of Rights For Migrants

In a world on the move, what can international lawyers do to safeguard the rights of all migrants.
Ian Kysel, visiting assistant clinical professor teaching in Cornell Law School's Asylum and Convention Against Torture Appellate Clinic, brought the International Migrants’ Bill of Rights (IMBR)initiative to Cornell in July 2019, continuing a project.

A Database For Migrants' Rights

The IMBR team's legal research initially focused on articulating how different areas of law—such as human rights law, refugee law, and labor law—apply to all international migrants and refugees.
In some locations, migrants are protected at an even higher level.
The IMBR highlights these areas of progressive development to encourage nation-states to.

Can a country manage migrants' exit and entry through their territory?

See International Commission of Jurists, Migration and International Human Rights Law:

  • A Practitioners’ Guide (2014)
  • 54.
    While States retain discretion to manage migrants’ exit and entry through their territory, human rights standards apply to this management.

    • Expanding The Migration Vocabulary

    Evidence of this impact came at the end of 2019, when the human rights arm of the Organization of American States—the world's oldest regional organization, uniting all 35 independent nations of the Americas—adopted a version of the IMBR.
    The 80 principles in the resolution of the Inter-American Commission on Human Rights, called the Inter-American .

    What is a legal framework for international migration?

    […] Existing legal instruments provide a comprehensive legal framework for the governance of international migration.
    Well-defined rules address the treatment of a range of migrants including, among others:

  • migrant women
  • men
  • children
  • refugees
  • stateless persons
  • migrant workers
  • and migrant victims of trafficking.

    • What is International Migration Law (IML)?

    Over the years, the International Organization for Migration has accumulated an important amount of material and knowledge on the international legal norms and principles that protect the rights of migrants and regulate migration.
    Both sets of norms are jointly referred to as international migration law (IML).

    Why do migrants have special protections under international law?

    Additionally, like other particularly vulnerable groups, migrants have been given special protections under international law, to address situations where their rights are most at risk, such as:

  • in the workplace
  • in detention
  • or in transit.

    • What is International Migration Law (IML)?

    Over the years, the International Organization for Migration has accumulated an important amount of material and knowledge on the international legal norms and principles that protect the rights of migrants and regulate migration

    Both sets of norms are jointly referred to as international migration law (IML)

    What is the legal framework governing migration?

    As a result, the current international legal framework governing migration consists of an eclectic set of superimposed norms that are scattered throughout a vast number of overlapping fields (such as human rights law, trade law, humanitarian law, labour law, refugee law, maritime law, air law, consular law, criminal law, etc)


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