AALS Discussion Group

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 This discussion group will draw attention to the complex legal and policy choices that mass migration presents to a sovereign. Since the summer of 2014, more than 100 thousand women and children have fled increasing violence in Central America. Citing national security concerns, and a desire to discourage vulnerable individuals from making the dangerous journey north, the U.S. government has pursued aggressive steps to expeditiously return these individuals and have routinely detained women and children. Such practices raise concerns regarding U.S. compliance with legal obligations arising from both domestic and international law. Indeed, critics of these practices maintain that the individuals fleeing should be processed as refugees and that practices and protocols related to children should be grounded in the best interest of the child principle.

Discussants will evaluate U.S justifications for its current treatment of these individuals with a focus on national security concerns and prerogative of a sovereign to secure its borders. The discussion will focus on whether current tactics are normatively problematic and whether such proposals are pragmatically capable of implementation. The discussion group will focus on the root causes of recent migration to better appraise potential solutions. Ultimately, the participants will discuss the range of policy options available to the U.S government and highlight the role law schools can have in formulating and implementing such opportunities.