While international law permits states to establish immigration policies and deportation procedures, it does not grant them discretion to violate human rights in the process. The United States regularly fails to uphold international human rights law in its immigration laws and enforcement policies, by violating the rights of immigrants to fair treatment at the hands of government, to proportional sanctions, to freedom from arbitrary detention, to respect for the right to family unity, and to protection from return to persecution. Such policies violate the International Covenant on Civil and Political Rights and the Refugee Convention, treaties to which the United States is party.

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