In 1948, in the aftermath of World War II, the United Nations adopted the Universal Declaration of Human Rights (UDHR), a landmark document outlining fundamental human rights that should be universally protected. Among its articles are rights to life, liberty, security, family unity, and asylum from persecution. While these principles are intended to apply universally, immigration policies worldwide often fall short of these ideals. The American immigration system, among others, has come under scrutiny for policies and practices that many argue are inconsistent with UDHR principles.
This blog post examines key areas where U.S. immigration policy diverges from the UDHR’s protections, highlighting the need for reform in pursuit of a fairer, more human-centered immigration system.
The Right to Asylum: A Challenge to UDHR Compliance
UDHR Article 14 states, “Everyone has the right to seek and to enjoy in other countries asylum from persecution.” The U.S. has historically been a beacon of hope for individuals fleeing war, persecution, and violence. However, recent policies have made it increasingly difficult for asylum seekers to access the American legal system.
The Migrant Protection Protocols (MPP), often referred to as the “Remain in Mexico” policy, exemplify these challenges. Under MPP, asylum seekers from Latin America are often required to wait in Mexico until their immigration hearings in the U.S., facing dangerous conditions and inadequate access to legal counsel. Reports by Human Rights Watch noted that many asylum seekers awaiting their hearings face violence, abuse, and severe lack of resources in border towns. This situation not only hinders asylum seekers’ right to a fair hearing but also disregards their basic safety—a violation of both Article 14 and Article 3, which promises everyone “the right to life, liberty, and security of person.”
Family Separation: Violating the Right to Family Unity
Under UDHR Article 16, “The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.” However, the “zero-tolerance” policy, implemented in 2018, resulted in the separation of thousands of children from their parents at the U.S. southern border. Over 5,000 children were separated from their families in just a few months, with many children experiencing trauma and psychological harm as a result.
While the Biden administration has made efforts to reunite some families, the underlying issues persist. Prolonged detention of families in immigration facilities and inconsistent policies on reunification highlight a system that does not prioritize family unity, contradicting Article 16’s guarantee of family protection.
The Right to Liberty and Security of Person: Detention Practices
The U.S. immigration system has increasingly relied on detention as a standard response to undocumented migration, often holding individuals—including families and children—for extended periods in detention facilities. The conditions in many of these facilities have raised serious human rights concerns, particularly regarding overcrowding, lack of medical care, and poor sanitation.
UDHR Article 3 states that “Everyone has the right to life, liberty, and security of person.” Yet reports from organizations such as the American Civil Liberties Union (ACLU) document cases where detainees have faced severe abuse and inadequate healthcare. A 2019 report by the Department of Homeland Security’s Office of Inspector General highlighted that detainees in some facilities were denied access to medical care, leading to cases of severe illness and even death. This over-reliance on detention and the documented neglect of detainee welfare starkly contradicts the UDHR’s provisions for humane treatment.
Economic Exploitation and the Right to Work
UDHR Article 23 enshrines the right to work, to free choice of employment, and to just and favorable conditions of work. However, undocumented immigrants in the U.S. often face exploitation in the labor market due to their legal status. They may be forced to work in unsafe conditions, for wages below the minimum standard, and without the protection of basic labor rights.
The National Immigration Law Center (NILC) highlights that many undocumented workers are subject to labor abuses without the ability to report them, fearing deportation if they speak out.. This situation contravenes the UDHR’s guarantee of fair working conditions and underscores the vulnerability that arises from an immigration status that does not provide pathways to legal work authorization.
Rethinking Immigration for a Human Rights-Centered Future
The UDHR was crafted to embody the rights and dignity that every individual is entitled to, irrespective of nationality, legal status, or economic contribution. For the U.S., a nation that played a central role in the UDHR’s creation, upholding these principles within its immigration system would signify a commitment to its foundational values.
Reforming U.S. immigration policy to align with the UDHR would require shifts at every level: ensuring fair and accessible asylum procedures, ending family separation, prioritizing alternatives to detention, and protecting labor rights for all workers, regardless of immigration status. Such changes would not only bring the U.S. closer to the UDHR’s standards but also foster an immigration system that respects human dignity and acknowledges the inalienable rights of all individuals.
