Land of the Free

In America today, aliens who commit even minor visa violations can be detained in one of many U.S. immigration detention facilities. These detainees may be transferred to a facility far away from their homes, families, and attorneys. While imprisoned in these detention facilities, some detainees are treated as and housed with criminals. Their substantive and procedural rights are limited and their human rights are violated. The U.S. laws that should protect them are the very laws that strip them of their rights to court proceedings, challenges of decisions regarding detention, and judicial review. By issuing substantial reservations, declarations, and understandings to human rights treaties, the U.S. has created loopholes through which it is able to violate detainees’ human rights, and yet avoid accountability. While this analysis focuses on human rights violations at detention facilities during the presidency of George W. Bush, there have been insufficient substantive changes during the Obama presidency to remedy these violations. It is time for America to meet its international obligations and regain its position as a global leader in the promotion and protection of human rights.