Regularization

Alan Desmond

Chapter 80 in Elgar Concise Encyclopedia of Migration and Asylum Law, 2025, pp 468-473 from Edward Elgar Publishing

Abstract: Regularization is a response by states to the presence of irregular migrants that involves granting such migrants a right to remain in the host state. While there is generally no strict obligation on states to regularize unlawfully present migrants, there is arguably a requirement on states under international human rights law to either regularize or expel irregular migrants. Despite states’ preference for tighter border controls and expulsion as a response to the presence of irregular migrants, countries across the globe have had recourse to regularization measures and there is increasing support within the UN human rights mechanisms for regularization as a means of ensuring that the rights set out in the core international human rights instruments are available to irregular migrants, not only on paper but also in practice.

Keywords: Irregular migration; Legal status; International human rights law; Amnesty; Legalisation; Expulsion (search for similar items in EconPapers)
Date: 2025
ISBN: 9781802204148
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