Research On Human Rights Protection In Illegal Immigration Detention

Nowadays,immigration control has become a global issue,and the first important thing to promote the development of immigration is to protect their human rights.Under the premise of border control in various countries,"unauthorized" immigrants are not allowed to enter or stay on the territory of a country.Illegal immigrants who cannot obtain identity are regarded as a threat to the sovereignty of a country,which causes that illegal immigration detention was born at the proper moment as the measure of immigration control.Immigration control is a sovereign matter of a country.However,the detention of illegal immigrants is often accompanied by arbitrary administrative discretion,which makes illegal immigrants,the vulnerable group of migration,face serious dilemma in which their human rights cannot be guaranteed.Therefore,this article starts with illegal illegal immigration detention,which is the first measure of immigration control,to discuss the relevant issues and solutions of human rights protection in the practice of illegal immigration detention.This article is based on international and regional human rights instruments such as the International Covenant on Civil and Political Rights and the European Convention on Human Rights,combined with the judicial practice of the Human Rights Committee and the European Court of Human Rights,to discuss from both entities and procedures aspects.In entities,for the first aspect,severe interference with the right to freedom is a general problem existing in the illegal immigration detention.First,it is clear that the violation of the right to freedom in the illegal immigration detention has the dual connotation of depriving personal freedom and restricting freedom of movement;second,deprivation of freedom is a legal form of state control,but arbitrary detention,which is born from excessive administrative discretion,should be avoided,it is necessary to clarify the triple standards of the "prohibition of arbitrariness" of the violation of the right to freedom in various human rights documents,namely,lawfulness,proportionality,and necessity.For the second aspect,regarding to the special issues in illegal immigration detention,the detention of children has attracted great concern from all walks of life in the international community.So,the analysis of the“principle of the best interests of the child” and its application in illegal immigration detention has important meaning for protecting the rights of children.In procedures,the fairness of procedures in illegal immigration detention is an important part of protecting the human rights of illegal immigrants.First of all,the review of the lawfulness of detention is an important measure for illegal immigrants to question the lawfulness of detention to protect their rights.It includes external review of human rights watchdog agency and internal review,and internal review includes automatic review by state authorities and the review based on the application of detainees.The successful progress of the lawfulness review depends on: First,the sovereign state authorities faithfully fulfill the obligation to protect the right to be informed.An important basis for illegal immigrants who are detained to question the lawfulness of detention is to be promptly informed of the complete fact and legal reasons for their detention;second,it is necessary to clear that the meaning of "lawfulness" is broad,and its connotation is equivalent to "prohibition of arbitrariness".Therefore,the specific standards for review should strictly comply with the requirements of lawfulness,proportionality,and necessity.Secondly,in order to ensure that illegal immigrants can exercise their above-mentioned rights,they should be provided with various types of assistance,including legal aid and humanitarian assistance;and,if detention is deemed arbitrary,the detainee should be guaranteed the right to compensation.Finally,this paper discusses the implementation of human rights protection in illegal immigration detention and China’s practice.First,it is clear that the detention of illegal immigrants should be used as a last resort,and then introduces alternative methods of detention that are more economical and more effective for immigration control adopted by various countries in practice.Secondly,it points out the importance of global cooperation in solving the problem of illegal immigration.The control of illegal immigration can neither be accomplished by a single country,nor can it be properly resolved through detention.It still needs to rely on extensive global cooperation,and then discusses the pros and cons of two ways of cooperation,namely direct cooperation and indirect cooperation.Next,by introducing the relevant laws and regulations and practice of illegal immigration detention in China,this paper analyzes the status quo and future development of the implementation of human rights protection in illegal immigration detention in China.This article tries to explore the existing human rights protection issues in illegal immigration detention through the above discussion,and study its international protection standards,so as to provide directions for countries to better manage and control illegal immigration and protect their overseas illegal immigrants.