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Abstract(s)
This paper examines the migrant detention centers in the United States through the
lenses of the Convention Against Torture (CAT), and relevant United States law, such as the
Supreme Court’s case law on the Eighth Amendment (cruel and unusual punishment).
Specifically, we will address the treatment of children by the government while they are
entering the United States in an attempt to claim asylum (either accompanied by their parents
or unaccompanied). Additionally, the “zero tolerance policy” enacted by the US government
in 2018, which forced the separation of children from their parents is examined. Both of these
situations are studied to determine whether any of the treatment the children received violates
the CAT and is considered to be either torture or cruel, inhuman or degrading punishment.
Similarly, we will also analyze whether this treatment violates the Eighth Amendment of the
United States Constitution. Looking at factual findings from complaints filed over the years
against U.S. agencies responsible for immigration and detention, as well as reports studying
migrant detention centers, multiple allegations of ill-treatment have been reported. Taking
into consideration these factual findings with the case law and legal interpretations of torture
and cruel, inhuman or degrading treatment, it is argued that this treatment of children could
be qualified as torture and/or cruel, inhuman or degrading treatment under international law.
Under United States law, it is also argued that these treatments constitute cruel and unusual
punishment.
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Keywords
Migrants Migration Detention centers Unaccompanied minors Children Children’s rights Human rights Torture Cruel inhuman and degrading treatment Ill-treatment International law United States Immigration law Immigration policy