Often in the language of law, individuals exist in the abstract. In immigration and criminal justice, the practical application of legal processes is undermined by relationships of power which create a hierarchy of access to law. In this project, I will define two populations, migrants and incarcerees, as surplus. Surplus populations are communities characterized by an enmity spearheaded by the state through persistent antagonistic rhetoric, and subsequently geographically separated and erased from society. My research is centered around the following question: how do frameworks of human rights ideology and racial capitalism explain the rhetorical and geographical construction of surplus populations? Through discourse and secondary data analysis, I investigate state policies passed in the United States and Australia regarding politics and practices of migration and incarceration as they relate to the antagonism and the removal of these populations. Next, I explore the relationship between these populations and the sites of separation (prisons and detention centers). Specifically, I will be looking at the separation geographies of three institutions: Guantánamo Bay Migrant Operations Center, Rikers Island Prison, and Manus Island Regional Processing Center. Guided by the analytical work of critical race scholars Achille Mbembe and Angela Davis, I reveal a pattern of societal removal, in which rhetoric manifests policy manifests disparate and oppressive corporeal geographical outcomes. With this pattern, the foundations of a global scale pattern become possible, embedded in historical racism and xenophobia. In conclusion, I suggest that these attitudes of oppression have become ingrained in legal doctrine and application in a way that is incurable by a human rights approach and subject surplus populations to undue overrepresentation behind bars. In reprieve, I use critical imagination to question the intrinsic nature of the nation-state and their borders, inspiring the possibility of long-term solutions outside these societal structures.