The protection of the family unity is at the core of international human rights:
Universal Declaration of Human Rights, Article 16(3): The family is the natural and fundamental group unit of society and is entitled to protection by society and the State. International Covenant on Civil and Political Rights, Article 17(1): No one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honour and reputation.
International Covenant on Civil and Political Rights, Article 23(1): The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.
International Covenant on Economic, Social and Cultural Rights, Article 10(1): The widest possible protection and assistance should be accorded to the family, which is the natural and fundamental group unit of society, particularly for its establishment and while it is responsible for the care and education of dependent children.
Despite human rights law that protect the family, families who crossed the border and who are undocumented are routinely separated by immigration enforcement officials and the police. Immigrant parents are often detained and sent to remote facilities miles away from their home and their children. The United Nations special rapporteur, has said that the transfer to remote detention centers “interferes substantially with access to counsel and to family members and often causes great financial and emotional hardship for family members who are not detained.”
The National Immigrant Justice Center (NIJC) reported that the Biden administration is still separating families through detention and deportation as part of its immigration enforcement practices. People are still forced to wait in Mexico for their hearings in the U.S. Many face kidnappings, assault and murder, and more. NIJC also reported that the Biden administration has moved to dismiss claims brought by separated families seeking compensation for the harm the policy has caused.
Despite this, undocumented immigrants are entitled to rights such as the right to due process, the right to legal counsel, the right to education, right against unreasonable search and seizure, the right to be with family, and more.
To learn more about rights, visit:
https://www.pbs.org/newshour/politics/what-constitutional-rights-do-undocumented-immigrants-have