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Amnesty International: U.S. immigrant detentions violate human rights

By possum

A new report from Amnesty International offers harsh criticism of U.S. immigration detentions.  The report contains several case studies with interviews of both families and of detained immigrants.

The detention of hundreds of thousands of immigrants every year in the United States represents a violation of human rights

On an average day, the rights group said, more than 30,000 immigrants are in detention facilities. That's triple the number that were in custody a decade ago

According to Amnesty, tens of thousands of people languish in American immigration detention facilities every year -- including a number of U.S. citizens -- without receiving a hearing to determine whether their detention is warranted.

And the situation is worsening day by day as more people are detained.  Immigration has been and will continue to be a facet of life across the globe.  People move from nation to nation for a variety of reasons.  America as well as other nations in the world need to find ways to resolve the issue of immigration.  Detention is not a solution to the problem.

Under current laws

The Department of Homeland Security can detain people at the border or during raids if it suspects them of an immigration violation.

People detained at the border are entitled to no representation or review at all.  Those detained within the borders may face lengthy waits to appear before an immigration judge.  And the detention center may be hundreds of miles from home for those living in the U.S. at the time of detainment.

Contrary to the situation prevailing in the U.S. today

Under international law, detention should only be used in exceptional circumstances, must be justified in each individual case and must be subject to judicial review.

Most immigration violations involve people entering the country by legal means and failing to leave within a specified time.  The violations are one of civil law, not criminal law.  Many detainees do not understand their rights as language barriers often exist between the detainees and their captors.  

Criminal law in our nation gives the prisoner rights of appearance and representation denied to immigration violators.  Immigrants must find ways to pay bond or for legal representation while they languish in detention.

In many instances legal residents of the U.S. were detained for lengthy periods of time as a direct result of the process.

Problems included lack of access to legal counsel and consulates; lack of access to law libraries along with inadequate access to telephones; and frequent and sudden transfers of detainees to facilities located far away from courts, advocates, and family.

Congress and the Obama administration must come to grips with this ongoing situation.  Real solutions must be found in which the rights of immigrants as human beings are respected and protected.  Immigration is a necessary part of our nation's ongoing progress.  We must find ways to lead the world and leave behind the current legacy of mistreatment and human rights abuse.

The full report may be found here (PDF).

Peace.

Full post as published by Never In Our Names on March 26, 2009 (boomark / email).