This paper focuses on the problems of those who do not qualify for a regular admission as refugees, but are detained at the entrance point, or are detained in the United States after being released on temporary parole or pending repatriation. The thesis I shall try to defend is that these persons must be treated according to basic rules of humanitarian law; that they are entitled to be treated as human beings, regardless of any particular legislation or administrative regulations depriving them of basic legal protection granted to citizens and regular residents of the country.
Louis B. Sohn,
Can International Law Provide Extra-Constitutional Protection for Excludable Aliens?
Available at: http://digitalcommons.law.uga.edu/fac_artchop/201