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Resolution 1106 (2168/18) (OAS), Precautionary Measure No. 731–18, & Precautionary Measure No. 505-18 (IACHR)

Published online by Cambridge University Press:  25 April 2019

Berta Esperanza Hernández-Truyol
Berta Esperanza Hernández-Truyol*
Affiliation:
Stephen C. O'Connell Chair, University of Florida, Fredric G. Levin College of Law.
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Extract

In the spring of 2018, the White House and executive agencies issued a series of orders aimed at more aggressive enforcement against irregular entry of migrants at the southwest border. In analyzing the legal validity of the new U.S. immigration policy decisions, the Inter-American System questioned and strongly condemned the U.S. policy and practice of separating migrant families. On June 29, 2018, the Permanent Council of the Organization of American States (OAS) issued a resolution that rejected any migration policy that resulted in the separation of families. Specifically, it urged the U.S. government to implement measures to avoid the separation of families, to seek unification of children and parents already separated, and to promote the identification of migrants and refugee seekers in accordance with international law. After the issuance of the resolution, the Inter-American Commission on Human Rights (IACHR) granted Precautionary Measure No. 731–18, Regarding Migrant Children Affected by the “Zero Tolerance” Policy Regarding the United States of America (the children's measure), and Precautionary Measure No. 505–18, Concerning Vilma Aracely López Juc de Coc and Others Regarding the United States of America (the parents’ measure), both of which recognized that the rights to family life and personal integrity were at risk.

Type
International Legal Documents
Information
International Legal Materials , Volume 58 , Issue 2 , April 2019 , pp. 371 - 398
Copyright
Copyright © 2019 by The American Society of International Law 

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References

ENDNOTES

1 OEA, P.C. Res. 1106 (2168/18), Impact on the Human Rights of Migrants of the Policy of the Government of the United States of America of Separating Migrant Families (June 29, 2018).

2 Migrant Children Affected by the “Zero Tolerance” Policy Regarding the United States of America, Inter-Am. Comm'n H.R., 64/2018, Precautionary Measure No. 731-18, OEA (Aug. 16, 2018) [hereinafter Precautionary Measure No. 731-18].

3 Vilma Aracely López Juc de Coc and Others Regarding the United States of America, Inter-Am. Comm'n H.R., 63/2018, Precautionary Measure No. 505-18, OEA (Aug. 16, 2018) [hereinafter Precautionary Measure No. 515-18].

4 William A. Kandel, Cong. Research Serv., R45266, The Trump Administration's “Zero Tolerance” Immigration Policy 7 (2018).

5 Ending “Catch and Release” at the Border of the United States and Directing Other Enhancements to Immigration Enforcement, 83 FR 16179 (Apr. 6, 2018).

6 Id.

7 Kandel, supra note 4, at 2.

8 Exec. Order No. 13841, 83 Fed. Reg. 29435.

9 Stipulated Settlement Agreement at 3–4, Flores v. Reno, 507 U.S. 292 (1993), CV 85-4544-RJK(Px) (C.D. Cal. Jan. 17, 1997).

10 Defendant's Memorandum of Points and Authorities in Support of Ex Parte Application for Relief from the Flores Settlement Agreement at 4, Flores v. Sessions, 2018 U.S. Dist. LEXIS 115488, CV 85-4544-DMG (C.D. Cal. June 21, 2018).

11 Defendant's Memorandum at 1, Flores v. Sessions, 2018 U.S. Dist. LEXIS 115488 (2018), CV 85-4544-DMG.

12 Id.

13 Order Denying Defendant's Ex Parte Application for Limited Relief from Settlement Agreement at 7, Flores v. Sessions, 2018 U.S. Dist. LEXIS 115488 (C.D. Cal. July 9, 2018).

14 L. v. United States Immigration & Customs Enf't (“ICE”), 310 F.Supp.3d 1133, at 1137; U.S. Dist. LEXIS 97993 (S.D. Cal. 2018) (certifying as a class the migrant parents who stated a legally cognizable claim for “violation of their substantive due process rights to family integrity under the Fifth Amendment to the United States Constitution based on their allegations that the Government had separated Plaintiffs from their minor children while Plaintiffs were held in immigration detention and without a showing that they were unfit parents or otherwise presented a danger to their children”).

15 L., 310 F.Supp.3d at 1149.

16 Id.

17 Precautionary Measure No. 505-18, supra note 3.

18 Apprehension, Processing, Care, and Custody of Alien Minors and Unaccompanied Alien Children, 83 Fed. Reg. 174, 45488 (Sep. 7, 2018).

19 Id. at 45489.

20 OEA, P.C. Res. 1106 (2168/18).

21 Organization of American States, Rules of Procedure of the Inter-American Commission on Human Rights art. 25, Aug. 1, 2013. “3. Precautionary measures may protect persons or groups of persons, as long as the beneficiary or beneficiaries may be determined or determinable through their geographic location or membership in or association with a group, people, community or organization.”

22 Precautionary Measure No. 731-18, supra note 2.

23 Id.