Family separation by immigration enforcement: an analysis of the right to family unity in the United States and Germany

Abstract

Family unity is a universally accepted value, however current immigration policies and their enforcement undermine this value resulting in violations of numerous international human rights legal instruments. Beyond the legal components, current situations of family separation by immigration enforcement also are of relevant and paramount importance given their consequences on the wellbeing of children, families, and society as a whole. Considering recent events, forced family separation in the migration context is relevant and everchanging. Case studies which discuss policies allowing for family separation in the United States and in Germany show how prevalent the application of policies which disregard human rights and rights of the child are in the context of migration.