Young Center for Immigrant Children's Rights Shadow Report on the United States' Compliance with the International Convention on the Elimination of Racial Discrimination

As a signatory to the International Convention on the Elimination of all forms of Racial Discrimination (ICERD or ‘the Convention’), the United States committed to work towards the elimination of racial discrimination and to promote the equality and dignity of all races. However, for Black, Indigenous, Latinx and Asian immigrants, there is still considerable work to be done.  

On June 8, 2022, the Biden administration submitted a report to the Committee on the Elimination of Racial Discrimination (CERD) outlining its compliance with the Convention and addressing the thematic issue of equal right to health. In response, the Young Center submitted a shadow report on July 14, 2022 which addressed some of the racist policies that continue to disproportionately harm Black, Indigenous, Latinx and Asian immigrant children. As the only report focused on the impact of racial discrimination on immigrant youth, the document shows how policies like Zero Tolerance, Remain in Mexico and Title 42 criminalize migration and continue to subject youth of color to the trauma of family separation and detention.

Specifically, the report maps out the long-term consequences of structural racism within the immigration system for children’s mental health and well-being. It also presents several recommendations to the Biden administration for redressing some of the harms caused to separated families, including ensuring access to holistic health services; and undoing the racist policies that continue to deny immigrants at the southern border access to safety, due process and family unity.  

The document was researched and co-authored with the help of our Elizabeth Frankel Fellows Oneida Vargas Molina, Rubí Rodriguez and Mary Ruiz De La O. As the CERD prepares to convene with member states August 20-23, 2022, we hope that our concerns and recommendations will be discussed with the United States representatives to develop concrete measures for accountability and reimagining an immigration system free of racial discrimination.

The CERD will examine the reports during its 107th Session, which will take place from August 8-30, 2022  in Geneva.  The public part of the session will be web cast live at: https://indico.un.org/event/36566/