A/HRC/7/12/Add.2 page 7 I. INTERNATIONAL LAW AND STANDARDS 9. Since the early stages of the nation State, control over immigration has been understood as an essential power of government. In recent history, governments have allowed limits to be placed on their power regarding immigration policy, recognizing that it may only be exercised in ways that do not violate fundamental human rights. Therefore, while international law recognizes every State’s right to set immigration criteria and procedures, it does not allow unfettered discretion to set policies for detention or deportation of non-citizens without regard to human rights standards. A. Right to fair deportation procedures 10. The governmental power to deport should be governed by laws tailored to protect legitimate national interests. United States deportation policies violate the right to fair deportation procedures, including in cases in which the lawful presence of the migrant in question is in dispute, as established under article 13 of the International Covenant on Civil and Political Rights (ICCPR). These deportation policies, particularly those applied to migrants lawfully in the United States who have been convicted of crimes, also violate (a) international legal standards on proportionality; (b) the right to a private life, provided for in article 17 of the ICCPR; and (c) article 33 of the Convention relating to the Status of Refugees, which prohibits the return of refugees to places where they fear persecution, with very narrow exceptions. 11. The ICCPR, which the United States ratified in 1992, states in article 13 (to which the United States has entered no reservations, understandings or declarations): “An alien lawfully in the territory of a State Party to the present covenant may be expelled therefrom only in pursuance of a decision reached in accordance with law and shall, except where compelling reasons of national security otherwise require, be allowed to submit the reasons against his expulsion and to have his case reviewed by, and be represented for the purpose before, the competent authority or a person or persons especially designated by the competent authority.” 12. The Human Rights Committee, which monitors State compliance with the ICCPR, has interpreted the phrase “lawfully in the territory” to include non-citizens who wish to challenge the validity of the deportation order against them. In addition, the Committee has made this clarifying statement: “ … if the legality of an alien’s entry or stay is in dispute, any decision on this point leading to his expulsion or deportation ought to be taken in accordance with article 13.” and further: “An alien must be given full facilities for pursuing his remedy against expulsion so that this right will in all the circumstances of his case be an effective one.”2 13. Similarly, article 8, paragraph 1 of the American Convention on Human Rights, which the United States signed in 1977, states that “Every person has the right to a hearing, with due guarantees and within a reasonable time, by a competent, independent, and impartial tribunal, previously established by law … for the determination of his rights and obligations of a civil, labor, fiscal, or any other nature.” 2 Human Rights Committee general comment No. 15 (1986) on the position of aliens under the Covenant, paras. 9 and 10.