United States-Committee on the Elimination of Racial Discrimination-Immigrant and Noncitizen Rights-November 2015

The Advocates for Human Rights submitted a report on the follow-up response of the United States concerning immigrant and non-citizen rights for the 88th session of the United Nations Committee on the Elimination of Racial Discrimination.

The U.S. government’s one-year follow-up response to the Committee’s recommendations highlights high-level policy initiatives that have made little or no difference on the ground and that have, in some cases, exacerbated human rights violations against migrants and non-citizens in the United States. The United States has retained Operation Streamline as a law enforcement mechanism, which violates the right to due process and the prohibition against refoulement. The U.S. government continues to prosecute some non-citizens using criminal rather than civil immigration procedures. Immigrant detention in the United States is arbitrary and illegal, and detention conditions violate fundamental human rights, including access to healthcare and legal representation. The United States does not acknowledge its failure to review relevant laws or regulations that protect migrant workers, and does not adequately acknowledge that migrant workers often face exploitative and abusive working conditions. The government fails to ensure that workers know their rights. Federal and state trafficking laws are rarely invoked to address labor trafficking, and authorities fail to provide adequate remedies for migrant workers who are trafficked.