Sunday, April 9, 2017
JURIST Guest Columnist Ali Khan discusses the potential deportation of the 11 million undocumented immigrants living in the US, and international documents' and treaties' prohibition on state actions like deportation. Here is the conclusion:
"President Trump's policy decision to deport undocumented immigrants is a crime against humanity, particularly with respect to families who have settled in the US for long periods of time, have established homes, or have minor children. It is irrelevant whether these residents entered or stayed in the US illegally. Deportation of a settled family or community is a violation of right to life, right to family, right to property, right to privacy, and numerous other rights protected under customary international law, human rights treaties, due process, and fundamental legal principles that sustain the concept of law. If the US fails to enforce its immigration laws for years and allows families to lay their roots, the balance of equities shifts in favor of resident families to claim adverse citizenship. Through laches, the US loses its power to remove undocumented immigrants openly living, working, and paying taxes for decades."