A Better "Best Interests": Immigration Policy in a Comparative Context. (10th November 2019)

• Record Type: Journal Article
• Authors: Statz, Michele; Heidbrink, Lauren
• Is Part Of: Law & policy. Volume 41:Number 4(2019:Oct.)
• Page Start: 365
• Page End: 386
• Publication Date: 2019-11-10
• Subjects: Public policy (Law) -- Periodicals; 340
• DOI: 10.1111/lapo.12135
• Languages: English
• ISSNs: 0265-8240

Abstract

Abstract : This conceptual article examines the role and limitations of the best interests standard in international and domestic policy, with a particular focus on how the standard is implicated in the treatment of unaccompanied minors in the United States. Motivated by emergent interdisciplinary scholarship on global youth and informed by a comparative consideration of best interests across other professions, we propose a new model of best interests. This model calls for a multidimensional recognition of youths' family‐, community‐ and decision‐making contexts; acknowledgment of youths' rights; and a commitment to speaking with, rather than for, young people. What results is a novel and dynamic understanding of best interests with relevance to scholars, practitioners, and policymakers.