IACHR concerned over United States' measures that impact the effective exercise of human rights

March 31, 2025

Washington, DC—The Inter-American Commission on Human Rights (IACHR) expresses its concern regarding recent measures adopted by the United States that may impact the effective exercise of fundamental rights and freedoms. In fulfillment of its mandate to promote the observance and protection of human rights throughout the Americas, the IACHR urges the United States to take all necessary steps to ensure the full enjoyment of human rights for all individuals under its jurisdiction. This should be carried out in strict adherence to its international commitments and in alignment with the applicable inter-American human rights standards, particularly as enshrined in the American Declaration of the Rights and Duties of Man.

The United States has long been recognized as a strong advocate for the promotion and protection of human rights, grounded in its historic commitment to democratic principles, the rule of law, and fundamental freedoms. Its constitutional framework, independent judiciary, free press, and active civil society have served as pillars of accountability and progress, reinforcing the nation's dedication to the protection of individual liberties and the principles of equality and justice. Nevertheless, in recent months, the IACHR continued monitoring of the human rights situation in the U.S. as well as reports from civil society organizations raise concerns regarding the impact of measures adopted by the federal government on the effective enjoyment of fundamental freedoms and human rights, particularly for populations in heightened situations of vulnerability.

Regarding freedom of expression, the IACHR is concerned about measures taken by the federal government to detain and deport foreign-born scholars, lawfully residing and working in the U.S., in response to their political speech and advocacy regarding conflicts in the Middle East. The Commission has identified at least three such cases, including Mahmoud Khalil, a recent graduate of Columbia University; Rasha Alawieh, a professor at Brown University; and Badar Khan Suri, a postdoctoral fellow at Georgetown University.

Additionally, the Commission has received reports of individuals being denied entry to the country based on private messages critical of the current administration, as in the case of a scientist at France's National Center for Scientific Research. The IACHR reminds the United States of its Inter-American commitment to uphold the right to free freedom of investigation, of opinion, and of the expression and dissemination of ideas, as provided in the American Declaration.

The IACHR also expresses deep concern over the decision to cancel federal funding for universities where student-led protests have occurred. Such cancellations have been conditioned on compliance with demands that require disciplinary actions against student protesters—including expulsion and multi-year suspensions—as well as restrictions on the time, place, and manner of future demonstrations on campus. Collectively, these measures contribute to an environment of self-censorship and stand in contradiction to the principles set forth in the American Declaration, which affirms the right to peaceful assembly on matters of common interest.

The Commission has learned of additional executive actions that restrict the exercise of freedom of expression, including changes and exclusions to the accreditation of journalists covering the federal government; investigations by the Federal Communications Commission into broadcasters for content deemed critical of the administration; and funding cuts to national and international media outlets. These measures risk weakening the public's access to plural, independent, and trustworthy sources of information and collectively signal a worrisome trend of the shrinking of civic space.

With respect to human mobility, the Commission continues to observe the detention and deportation of migrants under conditions contrary to international standards and that could constitute violations of due process and the right of protection from arbitrary arrest, recognized in the American Declaration. These measures are part of a broader set of policies that restrict access to regular migration procedures and international protection mechanisms, as the IACHR has already pointed out in a previous statement.

In February, nearly 300 deportees were transferred to a third country and held at a hotel, before some of them were then relocated to a camp in a tropical forest, where they reportedly faced precarious and inadequate conditions. In March, more than 200 Venezuelan nationals, allegedly linked to the criminal organization "Tren de Aragua", were deported to a third country to be detained at a maximum-security prison. This action was carried out under the Alien Enemies Act of 1798, a legal provision historically applied in wartime and appears to have been implemented without full adherence to due process guarantees.

While recognizing that States have the right to establish their immigration policies, the IACHR reiterates its call on the United States to adopt measures that ensure the protection of the rights of all individuals in human mobility under its jurisdiction or its effective control. It further urges the State to provide adequate conditions of return, to prevent forced removals that fail to assess potential needs for international protection, and to uphold due process guarantees, particularly in proceedings that may result in deportation.

With respect to the right to equality set out in the American Declaration, on January 27th, an Executive Order prohibited trans persons from serving in the military, leading to the potential removal of approximately 15,000 service members. This latter policy was suspended by a federal judge, who considered that the ban could violate the Equal Protection Clause of the U.S. Constitution. This action, that was enacted alongside the elimination of diversity, equity, and inclusion programs in government and universities, may exacerbate prejudice against LGBTI persons, restrict accessibility for persons with disabilities, and reinforce structural racism against people of African descent. The IACHR stresses that the State must guarantee real equality and non-discrimination and take action to eradicate the effects of historical discrimination.

Finally, the Commission wishes to underline that many of the measures referenced herein have been subject to legal challenges before U.S. courts, reflecting the continued operation of the country's system of checks and balances, as mentioned above. Nevertheless, the Commission has observed with concern public statements by high-ranking officials that could undermine the credibility and independence of the judiciary. The separation of powers and the independence of the branches of government are essential elements of representative democracy and any actions that may be perceived as exerting undue influence over judicial processes or discrediting the legitimacy of judicial decisions interfere with this separation and possibly even with the rule of law. At a minimum, intemperate criticism of the judiciary risks eroding public confidence in the administration of justice. The IACHR underscores the importance of upholding the autonomy of the judiciary and ensuring that judicial actors can perform their duties free from external pressure, interference, or any form of retaliation.

In view of the foregoing, the Commission urges the United States to take all necessary measures to ensure the full and effective enjoyment of human rights for all individuals under its jurisdiction. This includes the protection of freedom of expression, the guarantee of equal treatment under the law, the safeguarding of due process, the assurance of dignified treatment for all persons, and the respect for the right to seek international protection.

Furthermore, the Commission expresses its confidence that the longstanding tradition of the United States in upholding the principles of representative democracy—both within its national framework and as a key proponent in regional and global fora—will continue to guide its policies and practices. The IACHR reaffirms its commitment to closely monitoring the evolving human rights situation and remains available to engage in constructive dialogue and cooperation with the United States in the pursuit of strengthening the protection of fundamental rights and freedoms.

The IACHR is a principal and autonomous organ of the Organization of American States (OAS), whose mandate derives from the OAS Charter and the American Convention on Human Rights. The Inter-American Commission has a mandate to promote the observance and defense of human rights in the region and acts as an advisory body to the OAS on the matter. The IACHR is composed of seven independent members who are elected by the OAS General Assembly in their personal capacity and do not represent their countries of origin or residence.

No. 065/25

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