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United States - Committee on the Elimination of Racial Discrimination - Immigration (List of Themes) - May 2022

The Advocates for Human Rights submitted a suggested List of Themes Report related to Immigration in the United States of America for the 107th Session of the UN Committee on the Elimination of Racial Discrimination.

U.S. immigration law continues to allow arbitrary detention, deportation, and denial of protections. Despite improvement in U.S. policy on priorities for removal and detention, racial minorities represented a disproportionate number that remained subject to immigration bars and mandatory detention for extensive criminal grounds. Black and Brown noncitizens were disproportionately detained, given higher bond amounts to get release, and obtained fewer wins in immigration court proceedings as compared to white noncitizens. Immigration court proceedings lack crucial due process protections, such as government-appointed counsel and independent judges, and U.S. immigration policy also resulted in vulnerabilities to trafficking in persons. U.S. immigration proceedings and policies raise human rights concerns with a particular impact on BIPOC communities.

The Advocates recommends that the Committee pose the following questions to the United States:

         How is the U.S. addressing observations and data that show black migrants are disproportionately detained and denied immigration benefits in immigration proceedings as compared to migrants of other races?

         Can the U.S. explain reports of arbitrary detention, particularly during COVID-19, despite changed policy on enforcement priorities?

         What is the U.S. doing to address systemic failures of due process in removal proceedings?

         What is the U.S. doing to ensure protections for victims of trafficking are not denied due to race or national origin?

         What is the U.S. doing to address the fact that noncitizen victims of trafficking suffer double discrimination as they are disproportionately impacted by the criminal justice system and racial profiling while also receiving discriminatory treatment by immigration authorities that may lead them to fail to recognize victims and provide protections?