ABSTRACT
Immigration policy is based on the premise that states have the right to determine who can and cannot be a citizen and decide which noncitizens have the right to enter and remain within a state’s borders. These premises are upheld in human rights tradition, which recognizes the right of states to national sovereignty, and the right of people to belong to a state. 1 The human rights tradition, then, does not require states to have open borders. It does, however, compel states to respect the fundamental dignity of all persons within and outside their borders, regardless of citizenship status. In this respect, the United States falls short. The current immigration policy regime in the United States does not respect the human rights of migrants.
