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Report on Immigration in the United States: Detention and Due Process

News release: “The Inter-American Commission on Human Rights (IACHR) today is publishing its Report on Immigration in the United States: Detention and Due Process. The report contains the conclusions of an investigation the IACHR carried out to ascertain whether policies and practices on immigrant-related detention in the United States were compatible with the country’s international obligations in the area of human rights. The report also includes recommendations for ensuring that detention policies fulfill those obligations. One of the Inter-American Commission’s main concerns is the increasing use of detention based on a presumption of its necessity, when in fact detention should be the exception. The IACHR is convinced that detention is a disproportionate measure in many if not most cases, and that programs that provide for alternatives to detention would be a more balanced means to serve the State’s legitimate interest in ensuring compliance with immigration laws. For those cases in which detention is strictly necessary, the Inter-American Commission is troubled by the lack of a genuinely civil detention system with general conditions that are commensurate with human dignity and humane treatment, as well as special conditions called for in cases of non-punitive detention. The IACHR is also disturbed by the fact that the management and personal care of immigration detainees is frequently outsourced to private contractors, yet insufficient information is available concerning the mechanisms in place to supervise the contractors.”

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