Blog Post

The Rights of Detained Child Migrants

Garreth W. McCrudden. 

This Article presents empirical analysis of new data relating to the detention of more than 500,000 child migrants who arrived unaccompanied in the United States between 2015 and 2022. It then develops a novel, data-informed approach for determining the time beyond which detention of child migrants becomes presumptively unconstitutional as a violation of due process. Lastly, this Article argues that the prolonged detention of children with non-immediate-relative sponsors compared to children with immediate-relative sponsors violates equal protection.

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