Standards of the Inter-American Human Rights System on guarantees of due process in immigration control

Abstract

This article systematizes the current standards of due process guarantees around the different instances of immigration control to analyze their possibilities of interpretation in order to better protect the person in mobility. These standards are those that arise mainly from the Inter-American Human Rights System (IACHR) and are complemented by those from the universal protection system. In particular, in recent years the IACHR has been prolific in contentious and advisory jurisprudence, as well as in reports and other documents related to immigration control, and has devoted special emphasis to the due process guarantees applicable. In order to take advantage of these developments, which are often referred to in a generic way as the “process”, the “control” or the migration "policies", the systematization that will carry out this study seeks to identify these guarantees, as they have been explicitly expressed by the three most visible instances of this control: entry and rejection at the border, circulation and detention, and finally, expulsion or deportation. We also identified which category each standard refers to (foreigner, migrant, asylum seeker, refugee, etc.). Based on these specific standards, the possibilities of extending such guarantees to other instances or categories will be evaluated.