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Human Rights and Non-discrimination in the 'War on Terror'$
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Daniel Moeckli

Print publication date: 2008

Print ISBN-13: 9780199239801

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780199239801.001.0001

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Selective Enforcement of Immigration Laws

Selective Enforcement of Immigration Laws

(p.165) 6 Selective Enforcement of Immigration Laws
Human Rights and Non-discrimination in the 'War on Terror'

Moeckli Daniel

Oxford University Press

This chapter demonstrates that immigration policy has been increasingly turned into an anti-terrorism tool after September 11, with the relevant law enforcement efforts singling out citizens of a number of specified states. It argues that there are no objective and reasonable grounds for making distinctions between different categories of foreign nationals according to their country of origin or nationality. This criterion is not narrowly tailored enough to allow for an effective targeting of immigration law enforcement efforts. To subject all those who are citizens of (or originally come from) certain specified states to particularly harsh treatment clearly runs counter to the principle of proportionality. At the same time, selective immigration law enforcement efforts based on these criteria are also under-inclusive in that they fail to include within their scope a large portion of potential terrorists.

Keywords:   immigration policy, immigration law enforcement, deportation, selectivity, nationality, national origin

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