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United States - Human Rights Council - Rights of Non-Citizens - September 2014

Date: September 1, 2014
Document: United States - Human Rights Council - Rights of Non-Citizens - September 2014
Country: United States of America
Type: Intl Mechanism Submission
Issues: Asylum , Bias and Discrimination , Due Process and Fair Trial , Economic, Social and Cultural Rights , International Advocacy , Migrant Rights , Racial Justice , Religion, Thought, Conscience
Mechanism: Universal Periodic Review
Report Type: Stakeholder Report

The report submitted to the Human Rights Council by The Advocates for Human Rights includes:

1. Racial Profiling 
Immigration courts do not consider the constitutionality of the initial stop or whether it was the result of racial profiling. This is important because immigrants are often deported prior to criminal charges being filed, no criminal court ever hears the case.

2. Due Process
Non-citizens may be deported from the United States if they are convicted of certain crimes, including crimes that may be only misdemeanors in state courts. Immigration judges consider only immigration law during deportation proceedings and are barred from considering the facts underlying a criminal conviction or claims that the noncitizen did not understand the terms of a plea agreement.

3. Security of Person
The Victims of Trafficking and Violence Protection Act of 2000 amended federal law by creating a U-visa program, which sought to bring undocumented crime victims out of the shadows by eliminating the fear of deportation. Implementation of the program has been uneven.

4. Racial Discrimination
During the last UPR, the United States supported, in full or in part, all recommendations to combat racial discrimination. Nonetheless, immigrants and refugees in Minnesota lack adequate and effective remedies for claims of discrimination.

5. Cultural Tolerance
The United States supported, fully or in part, both UPR recommendations to foster a climate of cultural and religious tolerance. Despite these commitments, in several communities around Minnesota, proposed mosques or Islamic centers have triggered community opposition and contentious hearings.