By Lauren E. Bartlett

For over a decade, international human rights mechanisms have been calling for the prohibition of the detention of children based solely on immigration status. Human rights experts agree that the detention of children for immigration purposes is never in the best interests of the child, it leads to long-term harm, and it is a clear human rights violation. Yet, the United States continues to detain hundreds of thousands of migrant children each year the U.S. government still tries to justify its inhumane practices. This article argues that engaging with international human rights mechanisms on this topic, including during the upcoming Universal Periodic Review of the United States by the U.N. Human Rights Council in November 2025, is a small and relatively low stakes step to help forge a path towards the abolition of the immigration detention of children in the United States.

UNIVERSITY OF SAN FRANCISCO LAW REVIEW, VOL. 59, NO. 3 , 2025.

By Human Rights Watch

  Over the last year, over half a million people have crossed the Darién Gap, a swampy jungle between Colombia and Panama, on their journey north, often to the United States. Venezuelans, Haitians, and Ecuadorians, but also people from other regions like Asia and Africa, risk their lives in this difficult terrain. “This Hell Was My Only Option”: Abuses Against Migrants and Asylum Seekers Pushed to Cross the Darién Gap, the first in a series of Human Rights Watch reports on migration via the Darién Gap, documents how a lack of safe and legal pathways has pushed migrants and asylum seekers fleeing human rights crises in Latin America to cross the Darién Gap. Data analyzed in the report suggests restrictions on movement to Mexico and Central America, often promoted by the US government, have contributed to sharp increases in the number of people crossing the Darién Gap, exposing them to abuses, including rape, and empowering organized crime in the area. Whether seeking international protection or economic opportunities, asylum seekers and migrants deserve safe, orderly, and dignified paths to make their claims or to offer their skills. In all cases, they are entitled to safety and respect for their human rights during their journey.   

New York: Human Rights Watch, 2023. 68p.