Protecting the Rights of Migrants & Refugees: International and Regional Standards
The ongoing efforts by the U.S. government to expand and expedite mass deportations of immigrants raise urgent issues around the rights of refugees and migrant populations, as well as the responsibility of the United States and other countries to protect these rights.
Context
Since early 2025, the current administration of the United States has implemented sweeping changes to immigration policy. These changes and the various tactics deployed to arrest, detain, and deport immigrants of all legal statuses have raised serious human rights concerns.
Additionally, the United States’ use of Latin American countries as stopovers for foreign deportees has created controversy in the international community, particularly regarding the international protections for migrants, refugees, and asylum seekers, and whether deportees will be appropriately screened by host countries. It has also raised questions about the application of human rights protections to situations where responsibility is spread across States of origin, transit, destination, and “host” States involved in transfer, detention, and onward removal.
This report aims to provide an overview of the relevant international and regional legal frameworks on the rights of refugees and migrants and the obligations of States to protect them at different stages of migration pathways. It offers valuable guidance for policymakers and legal actors in the United States and throughout Latin America by addressing high-level questions on:
(1) The international and inter-American legal obligations of the United States and host countries when receiving, processing, and deporting migrants and refugees;
(2) Due process, access to justice and reasonable duration of detention in migration-related processes under international law; and
(3) Additional international legal standards applicable to protected or vulnerable populations, including women, children, and members of the LGBTQI+ community.
