The Arizona House and Senate have passed a bill (SB1070) that would empower police officers to stop and interrogate every individual in the state regarding citizenship status and make it a crime to be an undocumented person in Arizona. If a person does not immediately present documents proving that she is legally in the US, she may be criminally prosecuted, jailed and turned over to Immigration and Customs Enforcement for deportation. The bill contains no safeguards against racial profiling and increases the likelihood of arbitrary arrest and detention. These are all human rights violations. Because SB1070 has already passed in the Arizona house, it’s next stop is the governor’s office. Tell Governor Jan Brewer to veto the bill. Join activists across the US as they visit the Governor on April 20th to express opposition to this bill.
Governor Jan Brewer’s Contact Information:
Phone number: 1-800-253-0883
Email: [email protected]
The scapegoating of migrants, the deliberate fueling of fear and the nurturing of discriminatory, racist and xenophobic sentiments by some politicians and parts of the media have been accompanied by measures that have trampled on some of the most basic human rights of migrants, including the right to liberty and security of the person. Much of the public debate about migration is couched in terminology which is loaded and derogatory. People trying to enter another country are vilified as “illegal immigrants”, “gate-crashers”, and even as “invaders” seeking to breach the defenses of the US with malicious intent. The clear implication is that they are abusing the system and exploiting the generosity of states. Such descriptions create the impression not only that migrants have no right to enter, but that they have no rights at all.
The Right to be Free from Racial Profiling Discrimination
Discrimination through racial profiling is an assault on the very notion of human rights. It is all too easy to deny a person’s human rights if you consider them as less than human. This is why international human rights law is grounded in the principle of non-discrimination. The drafters of the Universal Declaration of Human Rights stated explicitly that they considered non-discrimination to be the basis of the Declaration.
Discrimination enshrined in law, for example, where the law is used to target individuals based on nationality or ethnicity, strips away human rights. Discrimination in law enforcement can mean that certain groups are viewed by the authorities as ”potential criminals” and so are more likely to be arrested and imprisoned. It can also mean that they are more likely to suffer harsher treatment once in the criminal justice system.
Arbitrary Arrest and Detention
The right to liberty and security of the person is protected in Article 9 of the International Covenant on Civil and Political Rights (ICCPR), which the US has signed and ratified. The right to a speedy trial is guaranteed under Article 9(3), which states that all detained arrestees are “entitled to trial within a reasonable time or to release” and that it “should not be the general rule that persons awaiting trial shall be detained in custody.” Article 9(4) protects detainees from unlawful detention, stating that “[a]nyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings before a court, in order that court may decide without delay on the lawfulness of his detention and order his release if the detention is not lawful.” Improper use of detention interferes with fundamental human rights crucial to protection of the inherent dignity of migrants. Migrants have the right to liberty and to freedom from arbitrary detention (Article 9 of the ICCPR; Articles 3 and 9 of the UDHR, Article 16 of the Migrant Workers’ Convention). This means that detention should be subject to constraints, including the requirement that the detention is in accordance with the law, justified in the individual case as a necessary and proportionate measure and subject to judicial review. The UN Working Group on Arbitrary Detention (WGAD) has adopted Deliberation No. 5 concerning the situation of immigrants and asylum-seekers. This sets out principles concerning people held in custody and a number of safeguards governing detention. These include the right of detainees to be told why they are being held, to communicate with the outside world, to have legal counsel and contact with consular authorities and to be brought promptly before a judicial or other authority. It also recommends that a maximum period of detention should be set by law and that custody may “in no case” be prolonged or indefinite