DOES THE SO-CALLED AGE-OUT 21-CHILD AGE LIMIT POLICY IN U.S. IMMIGRATION POLICY VIOLATE INTERNATIONAL HUMAN RIGHTS LAW?

This thesis analyses whether the U.S. “age-out” policy, under which dependent migrant children lose legal status upon turning 21, violates international human rights law. It focuses on documented Dreamers who lawfully entered the United States with their parents but face loss of status due to long immigration backlogs. Many of these individuals have grown up in the United States and are socially and culturally integrated, yet risk becoming undocumented, being forced to leave the country, or being separated from their families solely because of administrative delay. The study examines the age-out mechanism under U.S. immigration law, the limited protection offered by the Child Status Protection Act, and recent reform efforts such as the America’s Children Act. It then assesses U.S. practice in light of the International Covenant on Civil and Political Rights, particularly the rights to family unity, protection from arbitrary interference with private and family life, procedural safeguards in expulsion, and equality before the law. Drawing on UN Human Rights Committee jurisprudence, the thesis argues that rigid application of the age-out rule can result in disproportionate and arbitrary interference with family life. It concludes that, while states retain sovereignty over migration control, the current U.S. age-out policy risks breaching international human rights standards and requires structural reform.