DEBATE ON THE UNITED STATES ANTI IMMIGRANT LAW

HUMAN RIGHTS WATCH POSITION PAPER

Hukum Internasional E

Asyifa Sekar K. (6091801022)

Levana Sonia (6091801025)
Ni Putu Dewi A. (6091801080)
Valencia (6091801110)
Sarah Ferindita (6091801144)

FACULTY OF SOCIAL AND POLITICAL SCIENCE

PARAHYANGAN CATHOLIC UNIVERSITY
BANDUNG
2019
President Trump’s immigration policy in general can be seen as violations of law, as it limits
the chance for refugees to seek protection outside their current residence, which is essential
for their livelihood and is a form of fundamental human rights and rights for individuals to
mobilize protected under the UNDHR Article 13.

VIOLATIONS OF INTERNATIONAL LAW BY US DOMESTIC POLICIES

A. Family Separation Policy

Under this policy, families are separated–children being detained in the US facilities while the
parents are prosecuted for whatever violation of law, no matter how minor it is. This policy
automatically violates the ​Convention on the Rights of the Child​, most notably of these
articles:

Article 2

(2) States Parties ​shall take all appropriate measures to ensure that the child is protected
against all forms of discrimination or punishment on the basis of the status, activities,
expressed opinions, or beliefs of the child's parents, legal guardians, or family members.

Article 3

(1) ​In all actions concerning children​, whether undertaken by public or private social
welfare institutions, courts of law, administrative authorities or legislative bodies, the best
interests of the child shall be a primary consideration​.

(2) States Parties ​shall ensure that the institutions, services and facilities responsible for
the care or protection of children shall conform with the standards established by
competent authorities, particularly in the areas of safety, health, in the number and
suitability of their staff, as well as competent supervision.

Article 9

(1) ​States Parties shall ensure that a child shall not be separated from his or her parents
against their will​, except when competent authorities subject to judicial review determine, in
accordance with applicable law and procedures, that such separation is necessary for the best
interests of the child. Such determination may be necessary in a particular case such as one
involving abuse or neglect of the child by the parents, or one where the parents are living
separately and a decision must be made as to the child's place of residence.

Article 20

(1) ​A child temporarily or permanently deprived of his or her family environment​, or in

whose own best interests cannot be allowed to remain in that environment, ​shall be entitled
to special protection and assistance provided by the State​.

B. Travel Ban Policy

The Travel Ban was enacted through the Executive Order 13780 Protecting The Nation from
Foreign Terrorist Entry Into The United States. This policy violates the a) ​Convention on
the Eradication of Racial Discrimintation​ on:

Article 2
(1) ​States Parties condemn racial discrimination and undertake to pursue by all
appropriate means and without delay a policy of eliminating racial discrimination in all
its forms​ and promoting understanding among all races.
The implementation of obligations provided in Article 2 is carried out as provided in Article
5, that one of the rights that should be respected: ​individual’s rights to leave and return to
any country

And b) ​The 1951 Convention of Refugee Relating to the Status of Refugees​:

Article 3: Non Discrimination

The Contracting States shall apply the provisions of this Convention to refugees ​without
discrimination​ as to race, religion or ​country of origin​.

C. Expedited Removal

This policy was enacted by The Executive Order No. 13768 entitled “Enhancing Public
Safety in the Interior of the United States” to deport illegal immigrants. This policy violates
the International Convention for the Protection of All Persons from Enforced Disappearance,
regarding these articles in particular:
Article 1:

1. No one shall be subjected to ​enforced disappearance​.

2. ​No exceptional circumstances whatsoever, whether a state of war or a threat of war,

internal political instability or any other public emergency, ​may be invoked as a justification
for enforced disappearance​.

Article 7:

1. Each State Party shall make the offence of enforced disappearance ​punishable by
appropriate penalties​ which ​take into account its extreme seriousness​.

Convention and Protocol Relating to the Status of Refugees

Article 32:

2. The expulsion of such a refugee shall be only in pursuance of a decision reached in

accordance with due process of law. Except where compelling reasons of national security
otherwise require, t​he refugee shall be allowed to submit evidence to clear himself​, and to
appeal to and be represented for the purpose before competent authority or a person or
persons specially designated by the competent authority.

D. Immigration Detention System

This policy violates the ​International Covenant on Civil and Political Rights​, particularly
regarding these articles:

Article 2

1. Each State Party to the present Covenant undertakes to ​respect and to ensure to all
individuals within its territory and subject to its jurisdiction the rights recognized in the
present Covenant, ​without distinction of any kind, such as race, colour, sex, language,
religion, political or other opinion, national or social origin, property, birth or other
status​.
Article 9

1. Everyone has the right to liberty and security of person. ​No one shall be subjected to
arbitrary arrest or detention. No one shall be deprived of his liberty except on such grounds
and in accordance with such procedure as are established by law.

Article 10

1. All persons deprived of their liberty shall be ​treated with humanity and with respect for
the inherent dignity of the human person​.

Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or

Punishment​, particularly regarding these article:

Article 2
(2) ​No exceptional circumstances whatsoever​, whether a state of war or a threat of war,
internal political instability or any other public emergency, ​may be invoked as a justification
of torture.

Article 11:
Each State Party shall keep under systematic review interrogation rules, instructions,
methods and practices as well as arrangements for the custody and treatment of persons
subjected to any form of arrest​, detention or imprisonment in any territory under its
jurisdiction, with a view to preventing any cases of torture.