International law requires immigration detention policies be applied in a non-discriminatory manner

Conditions:

    • The United States has a long history of targeting Haitian migrants in its immigration policy and practice.

    • U.S. citizens and legal immigrant workers in the United States have endured a series of violent and disruptive raids at their workplaces and in their homes.

    • U.S. ICE agents allege these raids are executed to apprehend undocumented individuals or individuals with criminal convictions, but the practice typically involves casting a wide net in a general area or place of business.

    • ICE has also conducted a series of home raids in communities with large populations of ethnic minorities, particularly Latinos.


Applicable Human Rights Instruments:

• The State should guarantee the security of persons and protect them against violence or bodily arm (Article 5(b) CERD).

• Workplace raids also violate the “right to freedom of movement and residence within the border of the State”-Article 5(d)(i) CERD- and the “rights to work, to free choice of employment, to just and favorable conditions of work” -Article 5(e)(i) CERD.

• Targeting ethnic minorities in their homes violates the right to housing protected by Article 5(e)(iii) CERD.

• Refugees and asylum seekers should not be discriminated based on their race, religion or country of origin (Article 3 of the Refugee Convention).

• The law shall prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground such as race, color, sex, language, religion, political or other opinion, national or social origin, property, birth or other status (Article 26 ICCPR).

• Signatory States are thus required to prohibit racial and national origin discrimination in all areas subject to their jurisdiction, including in their detention and enforcement policies.


International Convention on the Elimination of All Forms of Racial Discrimination (CERD)

International Covenant on Civil and Political Rights (ICCPR)

Convention Relating to the Status of Refugees (Refugee Convention)