Preventing irregular migration: restrictions on movement, mental injury and breach of fundamental rights (Zia Akhtar, International Journal of Public Law and Policy, Vol. 4, No. 2, 2014)

The legal regime has become increasingly strict for those facing deportation as ‘illegal’ migrants in both the UK and the USA. The UK Borders, Citizenship and Immigration Act 2009 has created an overlap between criminal and the seeker of asylum or refugee. It has led to the overstayers’ confinement without safeguards for their age and medical condition. As a consequence the legal system has been lacking in protection of human rights for those pending deportation. In the USA, the Intelligence Reform and Terrorism Prevention Act 2004 enforces the Western Hemisphere Travel Initiative 2009 that enables the federal government to monitor and detain people in transit from the southern hemisphere breaching due process. The empirical studies show the link between detention, disease and epilepsy of irregular immigrants. This article argues for a more humane policy from the rigor of incarceration if the migrants do not present a clear and present danger.