IHR Clinic Submits Brief to the Inter-American Commission for Human Rights

The IHR Clinic submitted a brief to the Inter-American Commission for Human Rights (IACHR) in anticipation of its October 27, hearing, "The Human Rights Situation of Migrant and Refugee Children in the U.S.” The hearing will focus on the human rights of Central American and Mexican child migrants in the United States.

The IHR Clinic helped to prepare a petition for the National Immigrant Justice Center and the National Alliance of Latin American and Caribbean Communities, to direct the U.S. government not to deport Central American or Mexican children who flee to the United States to escape gang recruitment, kidnapping, torture, rape, death threats, and other extreme violence in their home countries.

The petition requests that the IACHR issue “precautionary measures,” similar to an injunction, to halt expedited deportation procedures in which the U.S. government is hurrying children from El Salvador, Guatemala, and Honduras through immigration courts, often within weeks of their arrival at the U.S. border. These summary court procedures deprive children of their rights to seek protection under U.S. and international laws.

The petition also challenges the U.S. government’s treatment of unaccompanied Mexican children, who receive only cursory screening interviews, without access to counsel, before officials determine whether to permit them to proceed to immigration court. In most cases, unaccompanied Mexican children are deported to Mexico within a few days of their arrival at the U.S. border. Legislation passed by the U.S. House of Representatives this month would subject children from El Salvador, Guatemala, and Honduras to the same truncated procedures Mexican children already face.

Members of the IHR Clinic will have 20 minutes to present to the Commission at the Monday morning hearing. The hearing schedule can be found here.