UN human rights expert calls on United States to protect migrants

An independent human rights expert who reports to the United Nations Human Rights Council has called on United States authorities to promote and enforce nation-wide policies that protect the rights and welfare of migrants.

“An over-reliance on, and delegation of authority to local level law enforcement may compromise the ability of the US Government to effectively address issues affecting migrants, and to comply with its human rights obligations under International Law,” Jorge Bustamante, Special Rapporteur on the human rights of migrants said in a preliminary statement, after visiting the country from 30 April to 17 May.

He said his visit shed light on a range of concerns regarding the rights of migrants, including arbitrary detention, separation of families, substandard conditions of detention, procedural violations in criminal and administrative law proceedings, racial and ethnic discrimination, arbitrary and collective expulsions and violations of children’s and women’s rights.

Mr. Bustamante expressed particular concern over the fact that there is no centralized system in the US to obtain information regarding those arrested by immigration officials or where individuals are detained.

“Families may spend prolonged periods without information as to the whereabouts of detained relatives,” he said in his statement. “Transfers of individuals in custody also may occur without notice to families or attorneys and may result in detention in remote locations, far from families and access to legal support.”

To remedy these problems, he suggested that the US ensure that domestic laws and immigration enforcement activities are consistent with its international obligations to protect the rights of migrant workers.

He said those rights are spelled out in the International Covenant on Civil and Political Rights (ICCPR), the Convention Against Torture and All Forms of Cruel, Inhuman and Degrading Treatment (CAT), the Convention on the Elimination of All Forms of Racial Discrimination (ICERD) and the Universal Declaration of Human Rights (UDHR).

He also urged that the country sign and ratify the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families.

While in the US, the Special Rapporteur travelled to the border areas in California and Arizona, witnessing firsthand the operations of the Border Patrol and Immigration and Customs Enforcement.

He also met with migrants in South Florida, Atlanta, Georgia, New York and Washington DC, and had the opportunity to speak with civil society representatives working on the human rights of migrants at various levels.

In Arizona, Mr. Bustamante was able to visit the Florence Detention Center, but he was disappointed that his scheduled and approved visits to the Hutto Detention Center in Texas and the Monmouth Detention Center in New Jersey were cancelled with no explanation.