Legal Frameworks And Accountability Mechanisms For Preventing Arbitrary Detention In Immigration Enforcement

Abstract

Arbitrary detention in immigration enforcement has remained one of the primary concerns that collide with human rights, characterizing a violation of the right to liberty and freedom, hence, challenging the principles of due process, fairness, and the rule of law. Therefore, the current study has explored the topic from an international outlook by inspecting the existing legal frameworks and accountability mechanisms for preventing arbitrary detention in immigration enforcement. It was noted that international policies/frameworks like the “Universal Declaration of Human Rights” (UDHR), the “International Covenant on Civil and Political Rights” (ICCPR), and the “Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment” (CAT) all advocate for the prevention of arbitrary detention, clearly defining it as a violation of human rights which is subject to legal procedures. Besides, multiple other international conventions for the rights of migrants have also dictated that the migrants should not be subjected to arbitrary arrest or detention that goes against the law or violate human rights by challenging their freedom and liberty. Overall, the present work has outlined distinct facets of arbitrary detention in immigration enforcement expanding on the international legal dialogues and accountability mechanisms for preventing such arrests. The study suggests that by embracing alternatives to detention, strengthening oversight mechanisms, and promoting dialogue and cooperation at the national, regional, and international levels, stakeholders can work together to ensure that immigration enforcement upholds fundamental principles of fairness, justice, and respect for human rights, thereby fostering a more inclusive and humane approach to managing migration.