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OEA/Ser.L/V/II.
Doc. 78/10
30 December 2010
Original: English
Spanish
REPORT ON
IMMIGRATION IN THE UNITED STATES: DETENTION AND DUE PROCESS
TABLE OF CONTENTS
pdf
I.
INTRODUCTION
II. DRAFT
REPORT AND RESPONSE OF THE UNITED STATES
III.
RELEVANT INTERNATIONAL STANDARDS ON THE HUMAN RIGHTS OF
IMMIGRANTS
A.
Right to personal liberty
1.
Asylum seekers
2.
Migrant families and unaccompanied children
B.
Right to due process and access to justice
1.
Right to judicial protection and to a habeas corpus petition
2.
Right to seek asylum
C. The
right to humane treatment during detention
1.
Right to medical care
2.
Right to be separated from criminal inmates
3.
Right to be notified of transfer to other detention
establishments
4. Right to have a duly trained and qualified
personnel and independent supervision at the place of detention
5.
Right to an established disciplinary policy and to due process
6. The
right to an effective procedure for petition and response
7.
Obligation to investigate deaths that occur during detention
8.
Specific rights of asylum seekers in detention
9.
Adherence to UN Principles for the detention of unaccompanied children
D.
Other relevant human rights
1. The
principle of equality and nondiscrimination
2.
Rights to family life, to privacy and the inviolability of the home
IV. THE INTER-AMERICAN COMMISSION'S OBSERVATIONS AND CONCERNS
REGARDING IMMIGRATION DETENTION, DETENTION CONDITIONS AND
THE EFFECT ON DUE PROCESS
A.
Detentions and immigration enforcement in the United States
1. General issues
2. Noncitizens detained at the border, port of entry or nearby
a. Expedited removal
b. Arriving aliens
c. The new guidelines on parole for
arriving noncitizens
seeking asylum
3. Noncitizens in the U.S. interior
a. Enforcement of Federal Law by
Federal Immigration Officers
i. Worksite Enforcement
Unit
ii. Fugitive Operations
Teams
b. Immigration enforcement at the
state and local levels
i. Immigration detention of
nonciticizens
convicted of crimes or
arrested on criminal
charges (The Criminal
Alien Program and
Secure Communities
Program)
ii. Delegation of Civil
Immigration Enforcement
to State and Local Law
Enforcement (State
and local partnerships
for enforcing civil
immigration laws under
287(g) agreements)
4. Bond
5. Indefinite detention of noncitizens who cannot be deported
B.
Conditions of immigrant detention
1. The absence of a civil detention system
2. ICE mechanisms of supervision and accountability with
regard to detention conditions
3. Medical care of immigration detainees
4. Mental health care of detained immigrants
5. Food services
6. Living conditions
7. Telephone access
8. Outdoor recreation
9. Attorney-client meetings and family visits
10. Access to legal resources
11. Discipline
12. Grievance procedures
13. Some reforms recently introduced or proposed for the
future to the detention conditions of
immigrant detainees
C.
Detention of families and children
1. Immigrant families
2. Unaccompanied children
D.
Impact of detentions on immigrants´ due process
1. Lack of access to legal representation during detention
2. Prevalence of stipulated orders of removal
3. ICE delays in filing notices to appear
4. Pervasive use of transfers between detention facilities
5. Concerns with the use of video conferencing for credible fear
interviews
and merits hearings
6. Due process for vulnerable groups
a. Unaccompanied children
b. Immigrant detainees with mental
disabilities
V. FINAL CONCLUSIONS AND RECOMMENDATIONS
A.
Interior Enforcement Recommendations
1. Federal Enforcement Programs
2. State and Local Partnership Enforcement Programs
B.
Detention recommendations
1. Mandatory detention of arriving aliens and deportable
immigrants with criminal convictions
2. Custody determinations and alternatives to detention
3. Civil detention system
C.
Civil detention conditions
1. Medical and mental health care
D.
Due process recommendations
E.
Recommendations on families and unaccompanied children
Submission of the Government of the United States to the IACHR with
respect to the Draft Report on Immigration in the United States:
Detention and Due Process |
