Rights at the border and the border of rights. What balance exists between national judges and legislators and/or between the rights of migrants and human beings?

Abstract: The present work aims to investigate an unfortunately very difficult reality, that of immigration, where the relationship between legislators and judges has undergone moments of difficulty for some countries and demonstration of a lack of state responsibility towards human beings. Past solutions in matters of detention and expulsion for common law countries as Australia and the United Kingdom are now a reality. They have imposed the problem on the front line through new procedural mechanisms that ultimately have excluded judicial control, as a solution of the moment to save their territory and their global image. The challenges are open as well as the debates about immigration. Outside the European Union a “strong” reform could save the borders through a law that puts in the forefront the protection of the human being and the immigrant as a challenge for the next few years.