Recent events
highlight the frequent conflict between individual liberty interests and the
government’s migration control policies. The executive order banning the entry
of Muslims into the United States has impinged on religious liberty, freedom to
travel, and the liberty interest in family. Immigration detention, now greatly
expanded, curtails freedom from physical restraint. "Zero tolerance"
border control policies have caused large-scale family separation and
detention, placed refugees at risk of refoulement, and infringed upon various
rights of the child. Denial of noncitizen minors' access to abortion while in
government custody has implicated overlapping liberty interests. This session
explores the doctrinal, practical, and theoretical issues arising at the
intersection of liberty and migration control, including how exercises of the
immigration power have affected individual liberty interests, the narrative and
advocacy strategies used to advance immigrants' rights, and how courts are
assessing and weighing liberty interests in cases involving migration control.