IACHR expresses concern over recent migration and asylum policies and measures in the United States

February 12, 2025

Washington, DC—The Inter-American Commission on Human Rights (IACHR) expresses concern over migration and asylum policies and measures recently adopted by executive orders in the United States (US), due to the impact on the human rights of people on the move. The IACHR calls on U.S. authorities to prioritize human rights in their migration and asylum policies and practices.

Regarding asylum and international protection, executive order "Realigning the United States Refugee Admissions Program" suspended the United States Refugee Admissions Program (USRAP) and announced a new policy to "admit only those refugees who can fully and appropriately assimilate into the United States". This decision may put at risk those refugees who were already approved for admission justified by humanitarian concerns. Also, inclusion of an assimilation criterion without an objective analysis may facilitate a discriminatory and arbitrary application. Likewise, the CBP One app for appointments to seek entry into the United States was disabled on January 20, resulting in the immediate cancellation of pending appointments. Conversely, the refugee resettlement program was suspended, affecting those who had already been approved for resettlement to the United States. The implementation of these executive orders restricts access to fair procedures for refugee status determination.

In addition, the U.S. Department of Homeland Security (DHS) terminated the 2023 designation of Temporary Protected Status (TPS) for people of Venezuelan origin, affecting the validity of Employment Authorization Documents (EADs). According to official information, the Secretary of Homeland Security determined that Venezuela no longer meets the conditions for the 2023 designation. Therefore, the TPS designation was terminated, effective as of April 7, 2025. This decision does not apply to Venezuela's 2021 TPS designation, which remains in effect until September 10, 2025. As specified by the State, individuals granted TPS were aware that this status has always been granted as a temporary measure and that those under TPS may adjust their status if they meet the eligibility requirements of other programs.

The Commission warns that the new policies and measures also affect migration in general. In this sense, the Government announced measures of mass detention and deportation of migrants coordinated by Immigration and Customs Enforcement (ICE) that include an "enhanced targeting operation" that no longer exempts schools, churches, and hospitals. The implementation of these measures has created an atmosphere of fear and uncertainty within migrant communities. In this regard, in accordance with applicable human rights standards, expulsions must be carried out in compliance with a decision made in accordance with the law to avoid being considered arbitrary. Therefore, each case must be based on an individual decision, with particular attention to international protection needs and the principle of non-refoulement. Additionally, the IACHR has received reports from States in the region expressing concern about the conditions in which people are being deported from the United States, including the use of handcuffs and degrading treatment in the assigned means of transport. The Commission joins the call of the International Organization for Migration for deportations to be carried out safely and with dignity.

For its part, the IACHR has taken note of the memorandum "Expanding Migrant Operations Center at Naval Station Guantanamo Bay to Full Capacity" that prescribes that the Naval Station Guantanamo Bay will provide additional detention space for high-priority criminal aliens unlawfully present in the United States, and to address attendant immigration enforcement needs identified by the Department of Defense and the Department of Homeland Security. On this matter, the Commission has previously emphasized that irregular migrants are not criminals, and being in a State irregularly does not jeopardize any fundamental legal interest that would justify the application of its punitive power. It has also called on the United States for the complete closure of the detention facility at Guantanamo Bay since its continued operation contradicts the fundamental principles of due process, the prohibition of arbitrary detention, and the humane treatment of those detained there.

Finally, regarding the right to nationality and the prohibition of statelessness, the executive order "Protecting The Meaning And Value Of American Citizenship" determines that the federal government should no longer recognize the U.S. citizenship for persons born in the country after February 19, 2025, if the mother is present "unlawfully" or has a temporary lawful status, and the father is neither a U.S. citizen nor a lawful permanent resident. Although this measure has been temporarily suspended by the judiciary, the IACHR highlights that, without a proper assessment on individual cases, it could result in discriminatory treatment and create a risk of statelessness.

The Commission reiterates that the phenomenon of human mobility is complex and is influenced by the political, economic, social, and environmental contexts of States. In the Commission's view, this presents significant challenges for States of origin, transit, destination, as well as for migrants and others seeking international protection and requires a regional and coordinated response, that must be faced through dialogue, regional cooperation and with full respect for human rights.

While the IACHR recognizes that States have the authority to set their migration policies and determine who may enter, exit, and remain in their territory, according to international principles, all policies, laws and practices implemented on migration must respect and ensure the human rights of persons in human mobility, which are rights and liberties that derive from human dignity. In particular, States must implement measures that guarantee the right to seek asylum and receive international protection, access to immigration procedures that respect due process and judicial protection, the right to a nationality, the prohibition of cruel, inhuman, and degrading treatment, as well as the principle of non-refoulment and non-discrimination based on nationality, color, race, gender, language, religion, political opinion, social origin, or other status.

Considering its international human rights obligations, the IACHR calls on the United States to implement all measures that may be necessary to protect the lives, integrity, dignity, and safety of all persons under its jurisdiction, including migrants and those who seek international protection. Immigration proceedings, particularly those that could lead to migrants' deportation, must examine, justify, and decide cases on an individual basis and in accordance with due process and the principle of non-refoulement. Additionally, such proceedings ought to be non-discriminatory and must consider the risk of forced family separation.

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

No. 037/25

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