May 21, 2007
Amnesty International Reminds Congress That the Human Rights of Migrants and Asylum Seekers Cannot Be Bartered
Last week the U.S. Senate negotiated an agreement on immigration reform. Amnesty International supports legislation that protects the human rights of the millions of migrants toiling without recognition in the United States. Unfortunately, the Senate's agreement offers migrants the chance at legalization, but in exchange they must give up fundamental human rights such as liberty and access to the courts. Fundamental human rights cannot be bartered, and therefore the Senate's agreement cannot proceed in its current form.
Refugee Program Director, Sarnata Reynolds, stated:
"There is general agreement that immigration reform is desperately needed in the United States. The terms of the agreement, however, cannot flout fundamental human rights such as liberty and equality before the law. For instance, a variety of government agencies have consistently found that the immigration court system is overburdened and understaffed, and that erroneous decisions issued by abusive judges are all too common. Yet, the Senate's agreement would increase the number of migrants and asylum seekers subject to mandatory detention and decrease the ability of both populations to secure counsel and prepare for their hearings before the immigration courts.
Similarly, the Senate's agreement would make whole classes of people ineligible for asylum protection or legal admission solely because they are suspected of being associated with a gang at some point in their lives -- without any evidence whatsoever linking a person to a gang. Migrants and asylum seekers who are marginalized from the regular workforce and forced to live in neighborhoods wrought by gang violence will automatically be suspect under this provision. Neither our own constitution nor international law permits the arbitrary penalization of entire communities solely because of the actions of individuals. The Congress must not compromise fundamental human rights such as due process and equality before the law on the basis of a hunch.
Amnesty International USA appreciates that immigration reform is a complicated discussion, but negotiators on all sides must agree that fundamental human rights will not be haggled over."
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