IACHR urges States to guarantee the rights of returned, deported, or expelled people

May 15, 2025

Washington, DC—The Inter-American Commission on Human Rights (IACHR) expresses concern over the increase in practices of forced returns, deportations, and expulsions of migrants and refugees, both to their countries of origin and to third countries, without the guarantees of due process or the respect for their human rights. The IACHR urges States in the region to adopt measures that ensure a comprehensive protection of the rights of people in the context of human mobility, in accordance with inter-American human rights standards.

In recent months, the IACHR has received information regarding a significant increase in forced returns, deportations, and expulsions of migrants in the region, which are reported to occur without respect for minimum due process guarantees. The Commission has also received numerous reports concerning the indiscriminate use of immigration detention, incommunicado detention of migrants, and instances of short-term enforced disappearances in the context of involuntary or compulsory removal procedures.

The IACHR notes that these measures are part of a broader trend of restrictive migration policies in the region, characterized by border externalization and militarization processes. These policies are also accompanied by patterns of criminalization and an increase in hate speech and stigmatization against migrants and refugees.

The Commission is also concerned about recent bilateral agreements concluded between OAS Member States, which have established peculiar mechanisms for the deportation of third-country nationals. These mechanisms often result in the transfer of individuals without observance of minimum due process guarantees and without individualized assessments of potential international protection needs. This situation has generated legal and protection gaps that severely affect the rights of migrants, refugees, and their families.

Given this context, the IACHR reiterates that while States retain sovereignty to establish their migration policies and regulate the entry, stay, and departure of individuals within their territory, such powers must be exercised in strict accordance with their international human rights obligations and refugee law. This includes the obligation to guarantee due process for all migrants, regardless of their immigration status, and to uphold the right to seek and receive asylum.

The Commission emphasizes that any decision regarding expulsion or deportation must be individualized, based on a reasoned analysis of the specific case, and carried out with full respect for due process. To this end, States must guarantee at least: i) adequate information; ii) access to legal assistance; iii) interpretation and translation services; iv) consular protection for those who wish and/or want to avail themselves of it; v) formal notification of the decision; vi) an effective remedy to appeal the ruling; and vii) the suspensive effect of such an appeal. The IACHR recalls that collective expulsions are prohibited under the inter-American legal framework and constitute a clear violation of States' obligations.

The IACHR further recalls that States are bound by the principle of non-refoulement, which prohibits returning an individual to a country where their life, integrity, or personal liberty would be at risk of violation. This principle is a peremptory norm of international law and admits no derogation.

With regard to immigration detention, the IACHR stresses that irregular migration status alone should not justify the deprivation of liberty since it essentially constitutes a violation of an administrative norm and should not be treated as a criminal offense. Therefore, detention should not be the State's first response. Moreover, when detention is deemed applicable, full respect for procedural safeguards must be ensured. Detained migrants must be informed of the reasons for their detention, the rights they are entitled to, and the mechanisms available to challenge the detention. The Commission encourages States to consider alternatives to detention and reiterates that the detention of children and adolescents is never in their best interests.

The IACHR urges States to adopt a comprehensive protection approach in all procedures involving the return, deportation, or expulsion of migrants, which should include: i) risk assessments regarding persecution or cruel, inhuman, or degrading treatment in the destination country; ii) respect for family unity and the best interests of children and adolescents; iii) provision of clear information on rights and procedures; iv) analysis of migration alternatives prior to taking decisions; and v) guarantee of the right to asylum for individuals in need of international protection.

Finally, the Commission calls on States that receive returned, deported, or expelled persons; regardless of whether they are nationals; to implement sustainable reception, assistance, and socio-economic integration policies and programs. These should include the adoption of protocols for identifying individuals requiring special protection, post-return monitoring mechanisms, and coordination between humanitarian and development responses. Such measures should aim to ensure durable solutions in communities of origin or residence. Additionally, States must ensure that individuals who are unable to return to their country of origin have access to asylum procedures.

The Commission further emphasizes the transnational nature of migration and the importance of shared responsibility among States, as well as the need for cooperation and dialogue to protect the human rights of all migrants, regardless of their immigration status, in accordance with Resolution No. 04/19 on the Inter-American Principles.

A principal, autonomous body of the Organization of American States (OAS), the IACHR derives its mandate from the OAS Charter and the American Convention on Human Rights. The Inter-American Commission has a mandate to promote respect for and to defend human rights in the region and acts as a consultative body to the OAS in this area. The Commission is composed of seven independent members who are elected in an individual capacity by the OAS General Assembly and who do not represent their countries of origin or residence.

No. 102/25

10:30 AM