Amnesty International USA
Statement
December 18, 2008

International Migrants Day

International Migrants Day on December 18th marks the day in 1990 when the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (the Migrant Workers Convention) was adopted by the UN General Assembly.

The day is an opportunity to recognize the contributions made by millions of immigrants to the development and well-being of so many countries in the world, and to promote respect for the rights of immigrant workers and their families.

Immigrants are often perceived as criminals, economic burdens, security threats and even risks to public health. Negative views about immigrants shape government policy and action on immigration around the world, often resulting in limited or no protection for immigrant workers and their families. The Migrant Workers Convention aims to guarantee the highest possible level of protection for the rights of migrant workers and their families.

Throughout U.S. history, immigration has been an intricate part of the fabric of this country and a significant factor in its growth and success. Approximately 1.8 million people migrate to the U.S. every year. The vast majority have official authorization to live and work in the U.S. Less than a quarter do not have permission to enter the U.S., and they live and work in the country as undocumented immigrants. As of January 2007, the U.S. government estimates that there are approximately 12 million undocumented immigrants living in the United States.

Undocumented immigrants often live in the shadows and are at heightened risk of exploitation, discrimination and abuse. They are often denied the right to health and housing services and live and work in degrading conditions. Those who commit abuses against immigrants know that they are unlikely to be held accountable because undocumented immigrants are often reluctant to turn to the authorities, fearing that they will be arrested or deported for coming forward.

The way immigration issues are presented by politicians, public officials and the media has a significant impact on public perceptions of immigrants and their rights. Much of the public debate about immigration in the United States, particularly in the wake of the September 11 attacks, has been framed around issues of national security and the economy rather than the rights and contributions of immigrants. These perceptions both fuel and justify practices -- such as the ongoing militarization of the U.S./Mexico border, overly aggressive deportation policies that leave no room for discretion, and the increased use of detention as a policy of first resort rather than an option of last resort -- that, while ostensibly designed to protect national security, have trampled on the rights of immigrants.

Amnesty International USA (AIUSA) recognizes that governments have the authority to determine immigration policies. However, this authority cannot be exercised in a manner that perpetuates the marginalization of millions of immigrants and denies them the most basic protections due specifically to their status as non-nationals.

Immigration is a phenomenon, not a problem, and therefore requires not a one-time solution, but sound management and safeguards upholding the human rights and dignity of all immigrants. In particular, AIUSA calls on the U.S. government to urgently undertake reforms in the following areas:

- Family unity: the U.S. should guarantee the right of all immigrants to family unit by reforming immigration policies that unnecessarily separate families. Immigration judges should have the authority to review all decisions to detain immigrants and the discretion to stop deportation in the interest of family unity. To ensure fairness, these decisions should be subject to federal court review.

- Work: the U.S. government should introduce effective measures to fully guarantee immigrant workers’ labor rights, including the right to join unions. Providing the opportunity for immigrants to legalize their status should be seriously considered, as it would help prevent exploitation and abuse. Policies should be enacted to address the demand for labor in the economy, provide for the orderly return of immigrants, and make provision for the long term stay of immigrants whose jobs are secure and can contribute to the host society.

- Border and interior enforcement: immigration officers should receive human rights training, and independent oversight mechanisms and clear complaint response procedures should be established.

- Detention: the detention of immigrants for any reason should only be used as a last resort; it must always be necessary. Immigrants in detention should have access to regular reviews of their detention status. If release is conditioned on the payment of a bond, it should not be so exorbitant that in paying the bond, it causes families to forego other basic needs. Non-custodial alternatives to detention should always be considered first. Alternatives to detention should be the least restrictive possible in each situation. Private, state and local facilities holding immigrants should adopt enforceable human rights detention standards and be held accountable when the standards are transgressed.

Amnesty International USA is committed to working for change to improve the situation of immigrants in the United States and to protect their human rights and human dignity.

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