Applications

The International Migrants Bill of Rights (IMBR) Initiative’s research, including provisions of its International Migrants Bill of Right and the findings of its Migrants Rights Database, has been applied in law and practice by civil society, national law and policymakers and international organizations as well as in scholarly publications (including in two symposia editions of the Georgetown Immigration Law Journal).

IMBR Initiative publications can be found here.

Application in law and practice:

From 2015-2017, the co-chairs of the legacy IMBR Steering Committee served on the Model International Mobility Convention at Columbia University, providing input on the development of a model convention to be considered by law and policymakers.

Members of the legacy IMBR Steering Committee participated in extensive consultations with and provided technical assistance to influence the recognition of migrants’ rights in the Migrants in Countries in Crisis (MICIC) Initiative’s Principles, Guidelines and Effective Practices.

The United Nations Office of the High Commissioner for Human Rights Recommended Principles and Guidelines on Human Rights at International Borders employs both the IMBR’s definition of migrant and savings clause language from the IMBR’s preambular paragraphs.

Application in scholarly publications:

Justin Gest, Ian M. Kysel, Tom K. Wong, Protecting and Benchmarking Migrants’ Rights: An Analysis of the Global Compact for Safe, Orderly and Regular Migration, International Migration (2019).

Ian M. Kysel, Promoting the Recognition and Protection of the Rights of All Migrants Using a Soft-Law International Migrants Bill of Rights, 4 Journal on Migration and Human Security 190 (2016).

Bill Frelick, Ian M. Kysel, Jennifer Podkul, The Impact of Externalization of Migration Controls on the Rights of Asylum Seekers and Other Migrants, 4 Journal on Migration and Human Security 190 (2016).

Susan F. Martin, International Migration: Evolving Trends from the Early 20th Century to the Present, (Cambridge University Press, 2014).

The IMBR is a good starting point for serious discussions among states on what should be the fundamental rights guaranteed to all migrants. Not all of its provisions are likely to remain intact, and some states and NGOs will argue that the focus of limited time and resources should be on ratification of the Migrant Workers Convention, rather than on what might be called a ‘soft law’ approach. Nevertheless, given the reluctance of destination countries to ratify the Migrant Workers Convention, and continuing abuses that many migrants experience, gaining greater clarity as to what governments recognize as fundamental rights would be a step in the right direction. Setting of norms is important but abuses by the very governments that have drafted and ratified the conventions that guarantee rights is all too common. Putting an International Migrants Bill of Rights into practice is the next step.”

Peter D. Sutherland, The International Migrants Bill of Rights: Why it Matters, 28 Georgetown Immigration Law Journal 269 (2013).

The International Migrants Bill of Rights (IMBR) is a single legal framework that summarizes the rights all international migrants can claim. It is a step toward improving the status quo for international migrants and establishing a tool by which advocates can effect change . . . The IMBR is a politically viable tool that could address the fundamental gap between today’s rhetoric about human rights and the frequent failure to protect rights in practice. It could aid advocates in primarily two ways: by presenting in compelling fashion the evidence that states already have obligations to migrants under international law, and by providing a set of indicators and benchmarks against which to measure the performance of states in fulfilling these obligations. Additionally, the IMBR can serve as a blueprint and roadmap for building diverse societies.”

Colin Raja & Justine Ulanday, The IMBR: An Important and Useful Tool for Migrant Communities and Advocates, 28 Georgetown Immigration Law Journal 273 (2013).

Bianca Z. Santos, Preface to the IMBR, 28 Georgetown Immigration Law Journal 1 (2013).

Susan F. Martin, Introduction to the IMBR, 28 Georgetown Immigration Law Journal 5 (2013).

Vincent Chetail, The Human Rights of Migrants in General International Law: From Minimum Standards to Fundamental Rights, 28 Georgetown Immigration Law Journal 225 (2013).

Tom K. Wong & Justin Gest, Organizing Disorder: Indexing Migrants Rights and International Migration Policy, 28 Georgetown Immigration Law Journal 257 (2013).

Justin Gest, et al., Tracking the Process of International Norm Emergence: A Comparative Analysis of Six Agendas and Emerging Migrants’ Rights, 19 Global Governance 153 (2013).

Eleanor Acer & Jake Goodman, Reaffirming Rights: Human Rights Protections of Migrants, Asylum Seekers and Refugees in Immigration Detention, 24 Georgetown Immigration Law Journal 507 (2010).

Alexander Betts, Soft Law and the Protection of Vulnerable Migrants, 24 Georgetown Immigration Law Journal 533 (2010).

Tomer Broude, The Most Favored Nation Principle, Equal Protection, and Migration Policy, 24 Georgetown Immigration Law Journal 553 (2010).

Jorge A. Bustamante, Extreme Vulnerability of Migrants: The Cases of the United States and Mexico, 24 Georgetown Immigration Law Journal 565 (2010).

Ryszard Cholewinski, Human Rights of Migrants: The Dawn of a New Era?, 24 Georgetown Immigration Law Journal 585 (2010).

Avinoam Cohen, From Status to Agency: Defining Migrants, 24 Georgetown Immigration Law Journal 617 (2010).

Justin Gest, Avoiding Evasion: Implementing International Migration Policy, 24 Georgetown Immigration Law Journal 639 (2010).

Ryan T. Mrazik & Andrew I. Schoenholtz, Protecting and Promoting the Human Right to Respect for Family Life: Treaty-Based Reform and Domestic Advocacy, 24 Georgetown Immigration Law Journal 651 (2010).

Gerald L. Neuman, A Migrants Bill of Rights–Between Restatement and Manifesto, 24 Georgetown Immigration Law Journal 685 (2010).