International Laws on Immigrants Right to Protest

Context: While international law protects immigrants’ right to protest, domestic legal frameworks and political considerations often override these protections.

International Laws on Immigrants Right to Protest

International Covenant on Civil and Political Rights (ICCPR)

• Article 19: Guarantees freedom of opinion and expression, including the right to seek, receive, and impart information.
  • Extends to both citizens and non-citizens without discrimination.
• Article 21: Recognizes the right of peaceful assembly.
  • States may restrict this right for reasons of national security, public order, or public health.

Universal Declaration of Human Rights (UDHR), 1948

• Article 19: Affirms the right to freedom of opinion and expression.
• Article 20: Recognizes the right to peaceful assembly and association.
• Although non-binding, the UDHR sets the moral and legal foundation for protecting protest rights globally.

International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), 1965

• Article 5: Ensures the right to freedom of speech, peaceful assembly, and association without racial or national origin-based discrimination.
  • Applies to both citizens and immigrants.
• European Convention on Human Rights (ECHR), 1950:
  • Article 10: Guarantees freedom of expression.
  • Article 11: Recognizes the right to peaceful assembly, subject to national security, public safety, and order.
• Refugee Convention, 1951: Ensures that refugees are granted the same basic rights as citizens concerning freedom of speech and peaceful assembly.
  • Protects refugees from deportation unless they pose a threat to national security.

Why Domestic Legal Frameworks and Political Considerations Limit This Right?

• National Security Concerns: States have the right to limit protests that could threaten national security under ICCPR Article 19(3).
  • Governments often classify protests supporting controversial or extremist ideologies as security threats.
  • Example: U.S. invoked the Immigration and Nationality Act (1952) to deport individuals supporting terrorist organizations.
• Political Sensitivities: Protests involving foreign policy issues (e.g., Israel-Palestine conflict) may lead to diplomatic fallout.
  • Political pressure from domestic and international allies can influence how governments respond to immigrant protests.
  • Example: Pro-Palestine protests in the U.S. faced crackdowns due to political ties with Israel.
• Legal Status and Immigration Laws: Immigrants’ legal status (e.g., student visa, green card) affects their rights.
  • Non-citizens lack the constitutional protections and legal standing that citizens enjoy.
  • Example: Green card holders face fewer restrictions than student visa holders but more than naturalized citizens.
• Domestic Legal Exceptions and Vague Laws: Domestic laws often contain broad terms like “public order” and “national security,” allowing governments to restrict protests selectively.
  • Example: U.S. Section 212(a)(3)(C) of the Immigration and Nationality Act allows deportation based on “potentially serious adverse foreign policy consequences.”
• Political Framing and Executive Power: Executive power over immigration judges allows political influence on deportation cases.
  • Example: Trump’s executive order on campus antisemitism influenced enforcement against pro-Palestine protesters.
• Judicial Independence and Oversight: Immigration cases often lack independent judicial oversight, leading to politically motivated rulings.
  • Example: U.S. immigration judges operate under the Department of Justice, where the Attorney General has removal authority.

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