OPEN letter for Trump violations of the constitution and international laws

 

To:

United Nations (UN)
Organization of American States (OAS)
International Criminal Court (ICC)
Human Rights Watch
United States Congress, Senate, and Supreme Court

Subject: Violations of International Law in Trump’s Mass Deportation Plan and Proposed Detention Camp

Dear Esteemed Representatives,

I write to bring urgent attention to the grave violations of international law committed by the United States government under the leadership of Donald Trump. His recent announcement of a plan to conduct mass deportations and establish a 30,000-person detention camp at Guantanamo Bay constitutes clear breaches of multiple international legal statutes designed to protect human rights and prevent crimes against humanity.

This situation demands immediate scrutiny and action from global institutions, and failure to act raises serious concerns about their effectiveness and legitimacy. Nations must reconsider their financial contributions and memberships if these institutions remain silent in the face of blatant human rights violations.

Violations of International Law

Trump’s proposed policies violate key principles of international law, including:

1. International Humanitarian Law (Geneva Conventions and Additional Protocols)

• Article 49 of the Fourth Geneva Convention (1949): Prohibits the forcible transfer of protected persons from occupied territory to any other country, regardless of motive.
• Article 147 of the Fourth Geneva Convention: Classifies forcible transfer as a serious crime, punishable as a war crime.
• Article 17 of Additional Protocol II (1977): Prohibits forced displacement of civilian populations except for imperative military necessity.

2. International Human Rights Law

• Article 12 of the International Covenant on Civil and Political Rights (1966): Guarantees individuals the right to freedom of movement and protects against arbitrary forced removal.
• Article 11 of the International Covenant on Economic, Social, and Cultural Rights (1966): Ensures the right to adequate housing, including protection against forced eviction.

3. International Criminal Law (Rome Statute of the International Criminal Court)

• Article 7(1)(d): Classifies deportation or forcible transfer of populations as a crime against humanity when carried out on a large scale or systematically.
• Article 8(2)(b)(viii): Defines the forced displacement of populations from occupied territory as a war crime.

Constitutional Violations in the United States and the Hispanic Community’s Rights

The recent proposals for mass deportations and the construction of a 30,000 prisoner detention camp violate fundamental constitutional principles. Creates racial profiling, discriminations and Several key constitutional protections are being ignored:

1. Constitutional Protections for All Persons

• The Fourth, Fifth, Sixth, and Fourteenth Amendments use the term "person" and "the people" rather than "citizen." This choice emphasizes that these protections apply to all individuals within U.S. jurisdiction, regardless of their legal status. None of those laws are being respected.
• The Fourth Amendment protects all people from unreasonable searches and seizures. Yet ICE and Immigration officers are entering homes without warrants and demanding searches in schools, churches and malls.
• The Fifth Amendment guarantees due process and protects against self-incrimination and double jeopardy. Thousands are being deported without due process, children and women with no criminal record are being returned in shackles and chains.
• The Fourteenth Amendment explicitly states: "nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."

2. Due Process and Equal Protection

• The due process clause in both the Fifth and Fourteenth Amendments ensures that every person—citizen or not—has the right to a fair legal process before being deprived of life, liberty, or property.
• The equal protection clause in the Fourteenth Amendment guarantees that states cannot discriminate against individuals under their jurisdiction.

3. Legal Precedents Supporting Immigrant Rights

• Plyler v. Doe (1982): The Supreme Court ruled that undocumented children cannot be denied access to public education under the equal protection clause.
• Zadvydas v. Davis (2001): The Court held that even undocumented immigrants in detention have due process rights.

4. Implications for Immigration Enforcement

• Policies such as mass detentions or deportations without due process directly violate the Constitution.
• Congress, the Senate, and the Supreme Court are failing to uphold the Constitution by allowing these violations to continue.

Why This Matters

This understanding is crucial. Every Hispanic and immigrant group in the United States should be informed of their constitutional protections. The legislative and judicial branches have sworn an oath to protect the Constitution, yet they are failing to uphold these fundamental rights. This is not just a legal argument—it is a moral imperative.

The Role of International Organizations

The primary function of institutions such as the UN, OAS, ICC, and human rights organizations is to hold governments accountable for violations of international law. Their continued inaction against these violations by the United States raises questions about their purpose and effectiveness.

If these organizations fail to act decisively, then it is imperative that member nations reconsider their financial contributions and memberships. What is the purpose of maintaining and funding these institutions if they allow the most powerful nations to violate international law with impunity?

Call to Action

I urge the following immediate actions:

1. Official Investigation: The UN, ICC, and human rights organizations must launch an immediate investigation into these violations.
2. Legal Action: International legal bodies must consider charges against those responsible for authorizing these policies, including Donald Trump.
3. Economic Consequences: Member states should halt contributions to organizations that fail to uphold their mandates.
4. Congressional and Supreme Court Oversight: The U.S. Congress and Supreme Court must intervene to prevent the implementation of these illegal policies.

Conclusion

Mass deportations and the establishment of detention camps for civilians are clear violations of international law. If the institutions tasked with protecting human rights and enforcing justice remain silent, they delegitimize their own existence. Nations that fund these institutions must demand accountability or withdraw their financial support.

I urge all recipients of this letter to take immediate action before these violations escalate into an irreversible humanitarian crisis.

Sincerely,