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HUMAN RIGHTS VIOLATIONS IN U.S. IMMIGRATION AND CRIMINAL JUSTICE PRACTICES — AN ESSAY IN HONOR OF PROFESSOR KAROLY BARD ON THE OCCASION OF HIS 7074 BIRTHDAY ——o— JOHN SHATTUCK" Iam delighted to present to my dear friend and former colleague Károly Bárd the following thoughts about the condition of human rights in the United States in two areas of particular interest to him: immigration and criminal justice. Professor Bard has had a long and distinguished career as an advocate, teacher, and academic expert in the field of human rights and criminal law. I was pleased during my tenure as Rector of Central European University to appoint him as Head of the Legal Studies Department, a position in which he served the University with great distinction. Iwas equally pleased to engage with him from time to time on the tennis court, where our friendly skirmishes were a welcome diversion from our daily academic work. IMMIGRATION Immigration has long been the “third rail” of American politics and a source of political controversy in the US. Immigration policy is torn between competing visions of what the United States should be — a nation of immigrants based on an inclusionary vision that imagines a broad pathway to the rights and responsibilities of citizenship, or a walled-off nation based on an exclusionary vision that imagines immigration as a threat to the security of current citizens. In recent years US politics and media have been flooded with images of exclusion: children piled into cages at detention camps, migrant caravans “invading” the southern border, court battles over walls and travel bans. ' Rector and Professor of Legal Studies Emeritus, Central European University; Senior Fellow and Director, Reimagining Rights and Responsibilities in the United States, Carr Center for Human Rights Policy, Harvard Kennedy School; Professor of Practice in Diplomacy Fletcher School, Tufts University. This essay is adapted from a Carr Center report coauthored by John Shattuck and Mathias Risse, Toward a More Equal Liberty: Reimagining Rights and Responsibilities in the United States” (October 2020) https://carrcenter.hks.harvard.edu/ publications/ reimagining-rights-responsibilities-executive-summary. Research assistance was provided by Rahaf Safi and Cathy Sun. + 158 *
