Human Rights Situation of Refugee and Migrant Families and Unaccompanied Children in the United States of America
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- INTER-AMERICAN COMMISSION ON HUMAN RIGHTS Members
 
OAS/Ser.L/V/II. 155 Doc. 16 24 July 2015 Original: English INTER-AMERICAN COMMISSION ON HUMAN RIGHTS Human Rights Situation of Refugee and Migrant Families and Unaccompanied Children in the United States of America 2015
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Document published thanks to the financial support of the Central America and Mexico Migration Alliance (CAMMINA). The positions herein expressed arte those of the Inter-American Commission on Human Rights (IACHR) and do not reflect the views of CAMMINA. INTER-AMERICAN COMMISSION ON HUMAN RIGHTS Members Rose-Marie Belle Antoine James L. Cavallaro* José de Jesús Orozco Henríquez Felipe González Rosa María Ortiz Tracy Robinson Paulo Vannuchi Executive Secretary Emilio Álvarez-Icaza L. Assistant Executive Secretary Elizabeth Abi-Mershed *In keeping with Article 17(2) of the Commission’s Rules of Procedure, Commissioner James L. Cavallaro, a national of the United States, did not participate in the discussion of, research and deliberations on, and approval of this report Approved by the Inter-American Commission on Human Rights on July 24, 2015 TABLE OF CONTENTS EXECUTIVE SUMMARY 7 INTRODUCTION 12 i.Scope and Objectives of the Report 12 ii.Actions of the Inter-American Commission on Human Rights Including the Visit to the Southern Border of the United States of America 14 iii.Structure and Methodology 20 iv.Preparation and Approval of the Report 21 v.Observations of the United States of America on the Report 21 RELEVANT INTERNATIONAL STANDARDS ON THE HUMAN RIGHTS OF MIGRANTS, ASYLUM-SEEKERS, AND REFUGEES 27 vi.Principle of the Best Interests of the Child 32 vii.Right to Personal Liberty 36 viii.Standards Applicable to Members of Vulnerable Groups within Mixed Migratory Movements 41 ix.Asylum-seekers 41 x.Families 42 xi.Principle of the Non-deprivation of Liberty of Children 44 xii.Right to Humane Treatment during Detention 46 xiii.Right to Due Process and Access to Justice 47 xiv.Right to Consular Notification 48 xv.Rights to Family Life and Protection of the Family Unit 51 xvi.Right to Seek and Receive Asylum 52 xvii.Principle of Non-refoulement and the Right to be Free from Persecution or Torture 53 xviii.Prohibition on Collective Expulsions 55 SITUATION OF MIGRANT AND REFUGEE FAMILIES AND UNACCOMPANIED CHILDREN IN THE UNITED STATES OF AMERICA 58 xix.Families with Children 74 xx.Legal Regime and Actions Taken by the State in Regard to Families 75 xxi.Main Observations and Concerns Regarding the Treatment of Families 79 xxii.Prior to and following the visit, one of the Commission’s top concerns has been the application of an automatic, arbitrary, and mandatory regime of family immigration detention for those families for whom there is space available at an immigration detention center. The Commission notes that, but for capacity limitations, all families would be detained under current policy; however, given the limitations, those families that have a relative present in the United States with whom they can stay for the duration of their immigration proceedings are sent to the custody of that relative when there is no space available at a detention center. No substantive criteria are used, nor is an individualized assessment conducted (beyond that limited to finding a host for the family), to determine which families will be detained versus those that will be released on recognizance to a sponsor. 79 xxiii.Lack of Due Process and Fair Trial Guarantees 90 xxiv.Unaccompanied Children 91 xxv.Main Observations and Concerns Regarding the Treatment of Unaccompanied Children from Mexico 93 xxvi.U.S. practice of “turn-backs” violate the human rights of Mexican unaccompanied children 93 xxvii.Incorrect application of the law: Mexican unaccompanied children as subjects who may require international protection 95 xxviii.From Non-Contiguous Countries 98 xxix.Main Observations and Concerns Regarding the Treatment of Unaccompanied Children from Non-Contiguous Countries 106 i.Deficiencies in detention conditions at holding facilities 107 xxx.Allegations of abuse and mistreatment of children while in CBP custody 109 xxxi.Due process and fair trial violations 110 xxxii.Post-release follow-up and assistance with orientation and integration 113 CONCLUSIONS AND RECOMMENDATIONS 116 xxxiii.Recommendations for Unaccompanied Children from Mexico 120 xxxiv.Recommendations for Unaccompanied Children from Non-Contiguous Countries 123 xxxv.Shared Recommendations with regard to the Three, above-identified Groups 124 xxxvi.Recommendations with regard to the U.S. Immigration System 125 xxxvii.Recommendations with regard to Regional Collaboration 126
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