GENEVA - UN Human Rights Chief Volker Türk on Friday called on the United States to ensure that its migration policies and enforcement practices respect human dignity and due process rights, decrying the dehumanising portrayal and harmful treatment of migrants and refugees.
"Individuals are being surveilled and detained, sometimes violently, including at hospitals, churches, mosques, courthouses, markets, schools, and even within their own homes, often solely on mere suspicion of being undocumented migrants. Children are missing school and pediatric appointments for fear of never seeing their parents again," said Türk.
"Those who dare to speak up or protest peacefully against heavy-handed immigration raids are vilified and threatened by officials, and on occasion subjected to arbitrary violence themselves."
"I am astounded by the now-routine abuse and denigration of migrants and refugees," Türk said. "Where is the concern for their dignity, and our common humanity?"
The UN Human Rights Chief stated that numerous migration policies now being implemented by the U.S. authorities are resulting in arbitrary and unlawful arrests and detentions, as well as flawed removal decisions. He raised concerns that the enforcement of these policies often lacked sufficient individualised assessments.
"States have the authority to establish their national migration policies, but this needs to be carried out in full accordance with the law. Adhering to due process is crucial to the legality and legitimacy of any policy. If these principles are not followed, it will more broadly erode public trust, diminish legal certainty, weaken institutional legitimacy, and violate individuals' rights," said Türk.
He recognised the multitude of public officials, community groups and civil society representatives across the United States - members of Congress, judges, state and local officeholders, as well as lawyers, clergy, service providers, advocates, and ordinary citizens, among many others - who are standing up for dignity, fairness and accountability in the treatment of migrants and their communities.
The High Commissioner expressed deep concern about the harmful and dehumanising narratives frequently used to describe migrants and refugees.
"The United States' history has been shaped profoundly by the contributions that migrants, from all parts of the world, have made and continue to make. Demonising migrants and refugees collectively as criminals, threats, or burdens on society - based on their origin, nationality or migration status - is inhuman, wrong, and it goes against the very fabric and foundations of the nation," Türk said.
"I call on leaders at all levels in the U.S. to halt the use of scapegoating tactics that seek to distract and divide, and which increase the exposure of migrants and refugees to xenophobic hostility and abuse."
Türk deplored the use of large-scale enforcement operations by U.S. immigration and other agents who have recurrently used force that appears to be unnecessary or disproportionate.
"Under international law, the intentional use of lethal force is only permissible as a measure of last resort against an individual representing an imminent threat to life," Türk said.
People arrested and detained often lack timely access to legal counsel and effective means to contest their detention, as well as decisions on removal.
Türk highlighted that many arrests, detentions, and expulsions occur without effort to assess and maintain family unity, exposing children in particular to risks of severe and long-term harm. Repeated instances of detained parents transferred between detention centres, without providing adequate information about their location or access to legal counsel, also hamper their ability to stay in contact with their families and legal representatives.
"I call on the Administration to end practices that are tearing apart families," said the High Commissioner.
He also called for an independent and transparent investigation into the concerning rise in the number of deaths in U.S. Immigration and Customs Enforcement custody. At least 30 such deaths were reported last year, and a further six have been reported so far this year.
Türk pointed out that some deportations of individuals, including to countries other than their State of origin or with which they have no connection, have been conducted hastily, without properly considering the risks of torture or irreparable harm. There have also been acknowledged errors by the authorities, in which people have been wrongfully expelled from the U.S. These cases highlight the need for stronger safeguards, he added.
"The U.S. has the obligation to comply with international human rights law and international refugee law. Migration enforcement must always respect due process, protection from arbitrary detention, the principle of non-refoulement, equality and non-discrimination, and protection of the family," said the High Commissioner.
