GENEVA - The use of lethal force by U.S. immigration enforcement in Minneapolis may amount to arbitrary deprivation of life and other gross violations of international human rights law, and could constitute extrajudicial killing, UN experts* warned today.
On 7 and 24 January, two U.S. citizens were shot at point blank range and killed in Minneapolis by federal immigration enforcement personnel, during a large-scale immigration enforcement operation connected to "Operation Metro Surge."
"Any loss of life in the context of law enforcement operations must be treated as a potentially unlawful death and raises urgent questions regarding compliance with international human rights law and standards governing the use of force. It must therefore be promptly and effectively investigated," the experts said.
"A failure to carry out a proper investigation may in itself constitute a violation of the right to life," they warned, urging that investigations into the shootings conform with the Minnesota Protocol on the Investigation of Potentially Unlawful Death, today's golden standard for investigating such deaths, and in cooperation among relevant law enforcement agencies.
"We are deeply concerned about statements made by some senior officials characterising victims as "domestic terrorists" and publicly asserting that the use of lethal force was necessary," the experts said. "Such statements, made prior to the completion of an independent and impartial investigation, risk prejudging key factual and legal questions, undermining public confidence, and influencing investigative outcomes. Authorities must refrain from statements that could compromise the independence and impartiality of the investigation."
The experts further noted a disturbing broader pattern of serious human rights violations linked to Operation Metro Surge by Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP) agents, reportedly seeking to detain and deport undocumented immigrants in Minnesota.
"In addition to the two fatal shootings, reported violations have included excessive use of force against allegedly undocumented immigrants, peaceful protesters and bystanders, lack of due process and arbitrary deprivation of liberty," the experts said.
Since December, thousands of armed ICE and Customs and Border Protection agents have been deployed across Minneapolis, Saint Paul and beyond the Twin Cities area. Militarised raids without judicial warrant, driven by racial profiling, and aggressive stops around schools and hospitals, are obstructing human rights and the activities of constitutional observers, human rights defenders and journalists, the experts said.
"Law enforcement officials must, at all times, respect and protect human life. Under the International Covenant on Civil and Political Rights (ICCPR), to which the United States is a party, the right to life is protected by law and may not be arbitrarily deprived," they said.
"This obligation applies in all policing contexts, including immigration enforcement, and under all circumstances without possible derogation."
The UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials establish that force may be used only when strictly necessary, firearms may be used only as a last resort, and intentional lethal force is permissible solely when strictly unavoidable to protect life.
"During assemblies and protests, law enforcement authorities are required to prioritise de-escalation, dialogue, and non-violent means before resorting to any use of force," the experts said. "The policing of protests demands heightened restraint. We note the announcement that officers will be equipped with body cameras, which can support investigations and may have a preventive effect."
The experts called on U.S. authorities to ensure that those responsible for any unlawful killings and human rights violations are held accountable. "Victims and their families must also have access to effective remedy, including reparations and guarantees of non-repetition, and must be protected from any acts of reprisal," they said.
"Without immediate de-escalation, respect for the right to life and fundamental freedoms, and clear accountability, tensions risk erupting into broader violence," the experts said. "We stand ready to engage constructively with U.S. authorities to support compliance with international human rights obligations."
