U.N. Experts Express "Serious Doubts" Regarding Arizona Law's Compatibility with Human Rights Obligations

Yesterday, several U.N. rapporteurs and independent experts issued a joint statement calling into question whether the new Arizona law targeting undocumented migrants (discussed here and here) is compatible with the United States’ human rights treaty obligations.  The experts warn of the possibility of racial profiling, suppression of minority groups’ cultures, and unjustified use of detention.

The statement also notes, in reference to Arizona House Bill 2281, “The immigration law was adopted around the same time as the enactment of a law prohibiting Arizona school programs that ‘are designed primarily for pupils of a particular ethnic group’ or that ‘advocate ethnic solidarity instead of the treatment of pupils as individuals.'”

The experts urged Arizona state and Federal authorities to take into account international human rights obligations, stating:

While the independent experts recognize the prerogatives of States to control immigration and to take appropriate measures to protect their borders, “these actions must be taken in accordance with fundamental principles of non-discrimination and humane treatment.” Furthermore, “States are obligated to not only eradicate racial discrimination, but also to promote a social and political environment conducive to respect for ethnic and cultural diversity”.

The UN human rights experts urge the State of Arizona and the United States Government “to take all measures necessary to ensure that the immigration law is in line with international human rights standards and to devise and carry out any mechanism to control migration with due regard of the rights of people to be free from discrimination and to have access to their cultural heritage”.

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