A Rare Move by the IACHR

In a rare move, the Inter-American Commission on Human Rights granted precautionary measures in favor of migrants detained in the Northwest Detention Center in Tacoma, Washington.  The migrants had challenged the conditions of their detention particularly in light of the COVID-19 pandemic. The petition was filed by the Seattle University Law School Human Rights Clinic, La Resistencia NW, and Global Rights Advocacy.

The IACHR concluded that:  “Having analyzed the submissions of fact and law, the Commission considers that the information shows, prima facie, that the rights to life, personal integrity and health of the migrants being detained at the NWDC face a serious and urgent situation of irreparable harm.”  Steps mandated include creating effective mechanisms for challenging the detention, particular for those facing medical issues; safety protocols appropriate to the pandemic such as cleaning and social distancing; and reducing the number of detainees at the facility.  The UN Special Rapporteur on the Human Rights of Migrants had previously called for similar measures in the Tacoma facility.

In recent years, advocates feared that the IACHR’s financial concerns had muted its review of US human rights violations.  The U.S. is the largest contributor to the Organization of American States, of which the IACHR is a part, and US budget cuts to the IACHR have been on the table in recent years. This determination helps assuage the fears that financial threats might influence human rights enforcement.

According to Professor Thomas Antkowiak of Seattle, going forward, the IACHR “will regularly monitor the situation at the detention center, and check in with the U.S. Government, to see whether ICE is implementing the recommendations.  This will involve regular meetings with high-level officials and us.”