Mercury Rising 鳯女

Politics, life, and other things that matter

OAS slams US over human rights

Posted by Charles II on March 20, 2011

This comes via Avedon, Diane of Cabdrollery, and the Kirk Semple of the NY Times comes this report by the OAS’s Inter-American Commission on Human Rights scalding the US for its treatment of immigrants:

The United States Supreme Court itself has upheld the constitutionality of mandatory detention in immigration cases that have not been decided, despite the fact that the violations alleged are civil in nature,
and despite the loss of liberty that detention presupposes.

The Inter‐American Commission finds that ICE has failed to develop an oversight and accountability system to ensure that these local partners do not enforce immigration law in a discriminatory manner by resorting to racial profiling and that their practices do not use the supposed investigation of crimes as a pretext to prosecute and detain undocumented migrants.

It must be reiterated that detention is a disproportionate measure in many if not the majority of cases, and that the programs that provide for alternatives to detention constitutes a more balanced way for the State to ensure compliance with immigration laws.

In this report the IACHR also stresses that even in those cases in which detention is strictly necessary, there is no genuinely civil system where the general conditions comply with standards of respect for human dignity and humane treatment; there is also a lack of the special conditions required for in cases of non‐punitive detention. As developed above, the IACHR is further troubled by the frequent outsourcing of the management and personal care of immigration detainees to private contractors.

Until recently, one would say that the US controls the OAS. Very clearly, the power of the ancien régime is declining. The first comment is the most damning. It says that our highest court is acting contrary to very fundamental precepts of law, allowing people to be deprived of liberty in civil cases. Another famous example of this sort of abuse is debtor’s prisons.

But, hey, laws are for the little guys to obey and for our Imperial Court to invent.

2 Responses to “OAS slams US over human rights”

  1. Yup, and US businesses like the fact that our immigration system is broken, as it allows them to exploit both documented and undocumented workers by keeping wages low.

    • jo6pac said

      Yep, to both of you.

      But, hey, laws are for the little guys to obey and for our Imperial Court to invent.

      So true

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