United States - Universal Periodic Review - Immigration, Asylum, and Detention - October 2019
Country: United States
Issues: Asylum, Detention, Due Process and Fair Trial, International Advocacy, Migrant Rights, Torture, Workers' Rights
Mechanism: Universal Periodic Review
Report Type: Stakeholder Report
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Stakeholder Report for the United Nations Universal Periodic Review Relating to Asylum, Immigration Enforcement, and Detention, 36th Session of the Working Group (May 2020)
Partners: Illinois Coalition for Immigrant and Refugee Rights, Immigrant Law Center of Minnesota, ISAIAH (MN), Massachusetts Immigrant and Refugee Advocacy Coalition, Professor Stephen Meilli, Northwest Immigrant Rights Project
The Advocates for Human Rights in collaboration with the Illinois Coalition for Immigrant and Refugee Rights, Immigrant Law Center of Minnesota, ISAIAH (MN), Massachusetts Immigrant and Refugee Advocacy Coalition, Professor Stephen Meilli and the Northwest Immigrant Rights Project submitted a joint stakeholder report on Asylum, Immigration Enforcement and Detention in the United States for the 36th Session of the Working Group on the Universal Periodic Review.
The U.S. supported previous recommendations to uphold the rights of immigrants including: due process in immigration proceedings, detention on non-U.S. citizens, detention conditions and partially accepted recommendations on forced labor. However the U.S. has not implemented these recommendations. In fact, the U.S. ignores its non-refoulement obligations to asylum seekers and subjects immigrants to overcrowded and unsanitary detention conditions and “voluntary” forced labor. Furthermore, immigrants to the United States do not enjoy due process in immigration proceedings.
Recommendations to the United States government include:
- All asylum seekers and immigrants are provided with due process and legal counsel in immigration courts.
- Prevent deportation of individuals with ongoing court cases and train immigration officials and employees regarding obligations prohibiting refoulement of asylum seekers.
- Take measures to eliminate detention of non-citizens in the federal prison system for immigration charges, as well as eliminate privately owned facilities for this purpose.
- Publicize information on numbers in solitary confinement, administrative segregation, disciplinary segregation, and similar terms within immigration custody.
- Ensure all work is truly voluntary and abides by state and federal wage and hour laws
