Resolution 1106 (2168/18) (OAS), Precautionary Measure No. 731–18, & Precautionary Measure No. 505-18 (IACHR)

Abstract

In the spring of 2018, the White House and executive agencies issued a series of orders aimed at more aggressive enforcement against irregular entry of migrants at the southwest border. In analyzing the legal validity of the new U.S. immigration policy decisions, the Inter-American System questioned and strongly condemned the U.S. policy and practice of separating migrant families. On June 29, 2018, the Permanent Council of the Organization of American States (OAS) issued a resolution that rejected any migration policy that resulted in the separation of families. Specifically, it urged the U.S. government to implement measures to avoid the separation of families, to seek unification of children and parents already separated, and to promote the identification of migrants and refugee seekers in accordance with international law. After the issuance of the resolution, the Inter-American Commission on Human Rights (IACHR) granted Precautionary Measure No. 731–18, Regarding Migrant Children Affected by the “Zero Tolerance” Policy Regarding the United States of America (the children's measure), and Precautionary Measure No. 505–18, Concerning Vilma Aracely López Juc de Coc and Others Regarding the United States of America (the parents’ measure), both of which recognized that the rights to family life and personal integrity were at risk.