Multiple human rights conventions express the rights of detained immigrants. The current United States immigrant detention system regularly and systematically violates these rights. The conventions listed below outline the rights of detained immigrants in international human rights law. Articles of particular relevance have been noted.

International Convention on Civil and Political Rights

The International Convention on Civil and Political Rights (ICCPR) addresses basic rights such as freedom of speech, freedom of religion, and freedom of assembly. The ICCPR was adopted by the United Nations in 1966 and was ratified by the United States in 1992. In particular, the United States government must reform the immigrant detention system to ensure compliance with the following articles of the ICCPR:

Article 3 - Articulates the equal rights of all to enjoyment of the rights expressed in the ICCPR.

Article 13 - Articulates the right of the "alien" to submit reasons against his or her expulsion to the government and have the case reviewed by and be represented before competent authority.

Article 14 - Articulates the right to legal assistance; timely judicial review; freedom from arbitrary detention; freedom from inhumane detention conditions.

Article 26 - Identifies all persons as being equal before the law and prohibits discrimination in this regard, including discrimination based on national origin.

International Convention on the Protection of the Rights of Migrant Workers and Members of Their Families

The International Convention on the Protection of the Rights of Migrant Workers and Their Families (ICPRM) was adopted by the United Nations in December of 1990 and entered into force in July of 2003. The United States has neither ratified nor signed the ICPRM. In order to ensure the human rights of migrant workers, the United States must ratify the ICPRM. The following articles specifically address the rights of migrant workers and their families with regards to detention:

Article 1 - Expresses that the ICPRM applies to all migrant workers and their families throughout the entire migration process.

Article 16 - Articulates the right of migrant workers to State protection against inhumane treatment; the right to freedom from arbitrary detention; the right to timely judicial review; the right to legal assistance; the right to compensation in the case of unlawful arrest or detention.

Article 17 - Articulates the right of detained migrant workers to humane treatment; the right of detained individuals to appropriate treatment based on the nature of the violation and the age of the individual; the right to enjoyment of the same rights as nationals in the case of detention.

Article 18 - Articulates the right of migrant workers to equality with nationals in the context of the court.

Article 22 - Articulates the right of migrant workers to freedom from collective expulsion and to just and humane treatment in the case of expulsion.

Useful Links

The National Immigrant Justice Center's Testimony on the U.S Immigration System and the International Convention on Civil and Political Rights

The Midwest Coalition for Human Rights Statement on the Need for Comprehensive Immigration Reform that Complies with International Human Rights Law