Dear Immigration Specialist,
Can non-resident Aliens apply the rules of International Covenant on Civil and Political Rights to protect themselves while we are in the U.S. ? or you believe International Covenant on Civil and Political Rights only a guide and any US government or any law enforcement agencies especially ICE do not have to obey the rules ? State laws and federal laws are the only laws for them to follow.
An answer to this rather esoteric quesiton will bring no practical assistance to you in the USA.
The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.
Ask a law school professor for guidance.
Please note that this posting does not constitute legal advice or create any attorney-client relationship with the inquirer. Avvo is a useful forum to obtain general information on legal issues, but is not a substitute for direct, confidential consultation with an attorney in any legal matter.
Real Estate Attorney
I agree with the previous answers and it does not appear to have an effect on the treatment of citizens. You can research the Treaty on Wikipedia and see that the UN is concerned about enforceable rules. Good Luck
Please be sure to indicate the best answer. If this answer was helpful, please mark as helpful below. Only. If and until you and I sign an Agreement for Legal Services, I am not your attorney. These answers are provided for informational and/or novelty purposes
Not even a guide.
Of no legal import inside the US.
NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. DO NOT RELY ON ANY ADVICE YOU RECEIVE FROM ME OR ANY OTHER ATTORNEY IN THIS FORUM. Legal advice comes after a complete review of the facts and relevant documents and an expressed (written) agreement of representation that forms attorney-client confidentiality. Neither of these two events can occur in this forum. Mr. Rafter is licensed to practice in the Commonwealth of Virginia and the US Federal Courts in Virginia. His answers to any Avvo question are rooted in general legal principles--NOT your specific state laws. There is no implied or actual attorney-client relationship arising from this education exchange. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Rafter is under no obligation to answer subsequent emails or phone calls related to this or any other matter.
It is not a question of what I or some other attorney might believe, but instead a question of what the courts actually do. The US courts have consistently ruled that, unless the treaty expressly states otherwise, the enforcement of international treaties is a matter between nations, and that individuals do not have legal standing to complain that the US is violating an agreement with other nations. This means that the most effective way of enforcing the provisions of an international treaty while inside the US is to have your home government embassy in the US contact US officials and make their position known, that the US officials are failing to comply with the treaty.
You and I do not have an attorney-client relationship formed by our communications on this website. Comments made by me on this website are general advice based on partial information. You should not rely on any advice given without first hiring a lawyer in the area where the case is pending, and providing that lawyer with full information.