Introduction
Since the early 1800s, Asian immigrants have been coming to the United States in search of a better life. However, they have often faced discrimination and prejudice, especially during these times of economic hardship. This pattern has continued in recent years, with Asian immigrants facing increasing cases of human rights violations (Bonomi, 2019).
From being detained in ICE (Immigration and Customs Enforcement) facilities to being targeted in hate crimes, Asian Americans have experienced most of the xenophobic rhetoric that has intensified since the start of the pandemic. Hate crimes disproportionally target Asian immigrants, and they also encounter particular obstacles when accessing fundamental human rights like healthcare and education. This discrimination is compounded by the fact that many Asian immigrants are undocumented, which makes them even more vulnerable to exploitation and abuse (Bonomi, 2019). ICE raids have terrorized immigrant communities across the country, and Asian immigrants are often caught up in these raids even though they are not the primary target.
Human rights theories advocate for the development, well-being, and dignity of all people. There are numerous theories of human rights, each based on a distinct understanding of what human rights are and their intended application. Violations of human rights can occur when any person or group is denied the ability to enjoy their human rights. This can happen through direct coercion, such as torture, or more subtle means, such as discrimination.
Theories of human rights seek to explain why human rights violations occur and how they can be prevented. For instance, Asian immigrants are unlawfully arrested and detained, brutally killed, denied access to affordable health care services, housing, and education, given unreasonable wages, and denied skillful employment. Even though rampant cases of bigotry have continually ravaged the human rights of Asian immigrants, the situation can be remedied through compliance with the Convention on the Elimination of Racial Discrimination.
Background
Asian immigrants have been subjected to a long history of human rights violations in the US. These violations have included forced labor, racial segregation, exclusion from naturalization, and internment. Asian immigrants have also been denied fundamental rights and liberties, including the right to vote, the right to a fair trial, and the right to due process of law.
In addition, Asian immigrants have been subjected to discriminatory laws and policies, such as the Chinese Exclusion Act and the Immigration Act of 1924 (Lim & Marinari, 2019). They are often treated as second-class citizens and are subjected to racial profiling and hate crimes. Moreover, they are disproportionately detained and deported by immigration authorities.
Historically, Asian immigrants have not been treated fairly or justly in the United States. Their rights have been repeatedly violated. It is high time that these injustices were addressed and that Asian immigrants were given the same rights and protections as other Americans.
The United States has a long history of discrimination against Asian immigrants. In the late 1800s, the US government enacted a series of laws that restricted immigration from Asia and mandated the deportation of those who were already in the country. The Immigration Act (1924) and the Chinese Exclusion Act were motivated by a fear of competition for jobs and by prejudice against Asians. Asians were also subjected to violence and harassment.
In 1882, Congress passed the Chinese Exclusion Act, which barred Chinese immigrants from entering the United States (Lim & Marinari, 2019). The Chinese Exclusion Act was propelled by racism and fears that Chinese immigrants would take jobs away from Americans. During World War II, Japanese Americans were put into internment camps. After 9/11, Muslim and South Asian immigrants were targeted by hate crimes and surveillance programs.
Asian immigrants still face harassment and discrimination today. They may be targets of hate crimes or may be mistreated by government agencies or employers. Additionally, they may face obstacles in accessing education, housing, and health care.
Asian immigrants in the United States have long been subjected to discrimination and human rights violations. In recent years, these violations have intensified, with reports of widespread detentions and deportations, family separations, hate crimes, and other abuses. Politicians and the media often scapegoat Asian immigrants for a variety of social ills, including economic insecurity and crime. This scapegoating has contributed to an environment where hate crimes and other forms of violence against Asians are on the rise. Asian immigrants are also disproportionately affected by our country’s broken immigration system.
Due to restrictive quotas, many Asian immigrants are forced to live in the shadows without access to fundamental rights and protections (Gordon, 2019). And those who do manage to obtain legal status often face lengthy waits for green cards and citizenship. The situation for Asian immigrants in the United States is dire. However, we remain hopeful that our country will soon fulfill its promise of equality and justice. In recent years, Asian immigrants have again been the target of racism and xenophobia, culminating in the mass shooting in Atlanta earlier this year. Asian American communities are reeling from this violence, which has left many feeling scared and vulnerable.
From the 19th century onwards, Asians have been subjected to violence and exclusionary laws. The Chinese Exclusion Act of 1882 was the first federal law to ban a specific immigrant group from entering the United States (Lim & Marinari, 2019). This Act was followed by similar legislation targeting other Asian groups, such as the Gentlemen’s Agreement of 1907 (which barred Japanese immigrants) and the Immigration Act of 1917 (which placed strict limits on Asian immigrants).
During World War II, Japanese Americans were forced into internment camps due to fears of espionage and sabotage. Although no evidence exists that any Japanese American was involved in spying or sabotage, more than 110,000 people were incarcerated simply because of their ethnicity (Nagata, Kim, & Wu, 2019). This dark chapter in American history is a reminder of what can happen when fear and xenophobia are allowed to run rampant.
Sadly, Asian Americans are once again facing prejudice and violence in 2021. In recent years, there has been a significant increase in the number of Asian immigrants arriving in the United States. This influx has been driven by a variety of factors, including political instability and economic hardship in many Asian countries. As a result, Asian immigrants have again become targets of discrimination and human rights violations.
There have been numerous reports of Asians being harassed, assaulted, and even killed because of their race or ethnicity. In addition, Asian immigrants are often treated like criminals or terrorists, even when they have done nothing wrong. This heightened suspicion and hostility towards Asians have led to an increase in hate crimes against this group. The situation for Asian immigrants in the United States is deteriorating rapidly. Since the terrorist attacks of September 11, 2001, Arab and Muslim Americans have borne the brunt of anti-immigrant sentiment in the United States.
Asian Americans have also been the target of discrimination, in addition to Asian immigrants. In 2002, for example, a series of shootings in the Washington, D.C., area left five people dead and several others wounded. The assailant, a Korean American named John Lee Malvo, was later linked to the attacks.
If something is not done to address this problem, more Asians will likely suffer from discrimination and human rights violations. In response to these and other incidents, many Asian American groups have worked to raise awareness of the challenges their community faces. They have also advocated for greater understanding and acceptance of Asian immigrants in the United States.
Violations of Human Rights
From the early days of the Chinese Exclusion Act to the more recent internment of Japanese Americans during World War II, Asian immigrants have been subjected to various forms of discrimination and abuse (Nagata, Kim, & Wu, 2019). These include instances of racial profiling, police brutality, and hate crimes. In addition, Asian immigrants are often treated as second-class citizens by the US government, with fewer rights and protections than other immigrant groups. They often live in fear and insecurity, unable to fully participate in society or take advantage of opportunities available to other Americans (Pateman, 2021). As such, it is essential to raise awareness about these issues and work towards ensuring that all people, regardless of their race or ethnicity, are treated with dignity and respect.
Asian immigrants in the United States face many human rights violations. One major violation is the denial of due process. Due process is the right to a fair and impartial hearing before a competent authority. Without due process, people can be arbitrarily detained, tortured, or even executed. Asian immigrants are also often subject to racial profiling and discrimination (Pateman, 2021). They may be stopped and searched by police simply because of their race or ethnicity. They may also be denied housing or jobs because of their race or ethnicity.
In 1882, the Chinese Exclusion Act was passed, which prohibited the entry of Chinese immigrants into the United States. This Act was not repealed until 1943. Japanese Americans were also forced into internment camps during World War II simply because of their Japanese ancestry. In 1982, Vietnamese refugees were detained at Camp Pendleton without due process (Pateman, 2021).
Since September 11, 2001, there has been a marked increase in discrimination and violence against Muslim and Arab immigrants. After the attacks on September 11, more than 700 Arabs and Muslims were detained without due process. Many of these individuals were later deported even though they had committed no crime.
In recent years, there has been an increase in hate crimes against Asian immigrants. In 2016, an Indian man was shot and killed in Kansas by a man who reportedly yelled “Leave this country” before opening fire (Giroux, 2017). This is just one example of many similar incidents that have occurred across the United States.
Asian immigrants have long been subjected to human rights violations in the US (Pateman, 2021). These violations range from discriminatory laws to violence and detention without due process. The trend of human rights violations continues today despite efforts to promote equality and protect immigrant rights.
One of the most blatant examples was the Chinese Exclusion Act of 1882. This Act prohibited all Chinese immigrants from entering the United States and imposed strict limitations on those already residing within its borders. This Act was motivated by a fear of competition for jobs and general prejudice against the Chinese people.
As recently as 2002, there were reports in the form of hate crimes (Takamura et al., 2019). In that year, there was a sharp increase in the number of hate crimes committed against Asians in the aftermath of the September 11th attacks (Pateman, 2021). These crimes were often perpetrated by people who mistakenly believed all Asians were Muslim or connected to terrorism.
There are also reports of more subtle forms of human rights violations. For example, many employers refuse to hire qualified Asian applicants because they assume that they will not be able to communicate effectively with English-speaking co-workers or customers. This is just one example of how discrimination can result in human rights violations, even when there is no intentional malice involved.
According to statistics made public by the New York Police Department on December 8, 2021, there were 361 percent more anti-Asian hate crimes in the city than in 2020 (Pateman, 2021). The Washington Post reported on April 22, 2021, that a Pew Research Center survey revealed that 81% of Asian adults believed that violence against their community was on the rise (Yu, 2022). No vaccine exists for racism, according to the New York Times.
It was said that Asian residents of New York live in constant fear of being attacked and that Asian populations in the United States have been psychologically damaged by anti-Asian violence. One out of four Asian Americans in the United States, according to a study by the American broadcaster NPR on October 22, 2021, felt that their family members would be harmed or endangered due to their race or ethnicity (Pateman, 2021). Eight individuals were killed on March 16, 2021, when a white male, 21-year-old Robert Aaron Long, opened fire at three spas run by Asian people in Atlanta, where Asian women represent six of them. The tragic incident exemplifies the country’s recent rise in animosity and violent attacks on Asian Americans, igniting unparalleled dread and anger. At the large “Stop Asian Hate” demonstrations and marches, thousands of Asians and members of other ethnic communities flocked to the streets.
An 84-year-old Thai man was fatally injured on January 28, 2021, in San Francisco after being purposefully knocked to the ground. Chinese man Ma Yaopan, 61, was attacked from behind on April 23, 2021, and he was knocked to the ground on a New York street. After that, he was struck in the head repeatedly, breaking bones in his face. He eventually passed away in the hospital following an eight-month coma (Pateman, 2021).
On their way home from school in Philadelphia on November 17, 2021, 3 Chinese high school pupils were brutally attacked on a subway train. A police officer in the area claimed that it was obvious that they were singled out for being Asian. More than 110 anti-Asian events in the previous year were chronicled in a story by The New York Times on April 3, 2021, with blatant signs of racial animosity.
People of Asian origin have been shoved, punched, kicked, spat on, and subjected to a barrage of other racialized incidents throughout the past year. Vandalism has occurred in both homes and businesses, the report claimed. That was merely the tip of the iceberg in terms of racist acts committed against Asian Americans. According to the BBC, many Asian Americans endure the misery of being labeled as “permanent aliens,” and the US government has been wary of scientists from China for more than 50 years due to the combined effects of xenophobia and anti-communism. Since the so-called “China Initiative” was put into effect in November 2018, scientists from China have repeatedly been the target of arbitrary monitoring, intimidation, and repression by the US government (Pateman, 2021). The media has often revealed the vile and ludicrous actions of American law enforcement.
On November 29, 2021, The New York Times posted a story on its website stating that 2,000 academics from schools like the University of California, Stanford University, Berkeley, and Princeton University had signed an open letter voicing their concerns. On December 9, 2021, The Yale Daily News reported that about 100 Yale professors had joined forces to publish an open letter denouncing the China Initiative (Pateman, 2021). They claimed that it is intrusive and discriminatory, unfairly targets researchers of Chinese ancestry, and threatens academic freedom and scientific inquiry; this demanded that the initiative be stopped. According to an MIT Technology Review examination, the majority of the initiative’s cases have had their charges dropped or are dormant. The study of Chinese people under the program, according to several Asian-American civil rights organizations in the US, would result in stigmatization and discrimination.
A Chinese scientist who was harmed by the program, Xi Xiaoxing, claimed that the current condition of scientists of Chinese descent is comparable to that of Japanese-Americans who were interned during World War II, almost as if the McCarthy era had returned. In a piece titled “Rivalry Without Racism,” which appeared on Foreign Affairs’ website on July 28, 2021, the issue was discussed. It was claimed that the current spike in anti-Asian violence is primarily due to foreign-policy leaders from the United States’ constant over-exaggeration of China as a threat to the US (Pateman, 2021).
Asian Americans will continue to be at risk as long as policymakers continue to use China as a punching bag for all the problems in the United States, according to the article. Demonizing China also leads to the demonization of Asians in the country. These violations must be stopped so all people can live safely and with dignity.
The Impacts of the Violation of Human Rights on Asian Immigrants
The economic, social, and cultural rights of an individual can be violated in various ways. When a State is dissatisfied with its responsibilities to respect, safeguard, and uphold fundamental rights, there is a violation—for instance, evicting people en masse from their houses and failing to guarantee a salary high enough to support a family. There is rampant violence and hate crimes against Asians. As a result, they suffer from dire economic consequences, death burdens, family killings, inter-family conflicts, sowing distrust in society, and family separation. Arrest and detention of members of the family, invasion of homes, psychological problems, physical consequences, and disruptions to family life are common phenomena among Asian immigrants.
The bulk of its residents’ mental health was severely impacted by the history of exploitation and repression experienced by Asian immigration. Asian Americans have experienced psychological stress brought on by poverty, difficult socioeconomic circumstances, and the cumulative trauma of brutal state persecution and inter-communal violence.
Trauma has both psychological and medical definitions. In medicine, it describes physical harm, wounds, or shock. It is defined as a terrible emotional event or shock, frequently generating permanent mental consequences in psychological terms (Rahman et al., 2021). Post-traumatic stress disorder is a condition that can develop after exposure to severe trauma. This could be brought on by having firsthand knowledge of an incident that involved an actual or imminent danger of death, serious injury, or other threat.
The psychological impacts of human rights abuses that have received the most attention internationally are those caused by torture. Various psychological, behavioral, and medical issues can result from torture, including post-traumatic stress disorder, which has symptoms like re-experiencing the traumatic event, persistent avoidance of stimuli associated with the event, and persistent symptoms of increased arousal not present before the traumatic event (Rahman et al., 2021).
However, the effects of torture and abuses of human rights go beyond post-traumatic stress disorder. Depressive illnesses, anxiety issues, and psychotic diseases are further issues. No aspect of the victim’s life is unaffected by the multifaceted and interconnected impacts. Trauma exposure can affect a person’s capacity to sleep, have a healthy sexual function, be chronically irritable, be physically ill, and perform well at work, in the family, and in society.
The physical harm and limitations brought on by extreme mistreatment or torture exact a considerable cost on the victim, the group they are a part of, and society as a whole. One victim compared bodily scars and disabilities to tattoos, which are a constant, tangible reminder of atrocities done to them and, frequently, a source of shame. Strikes inflict the majority of physical injuries brought on by torture to the body (Rahman et al., 2021).
It has also been noted that those who have survived torture or extended arbitrary detention are more likely to develop infectious diseases, cancers, cerebrovascular accidents, and heart disease. Violation of human rights comes at a hefty price for those whose rights are being violated. Not only do individuals suffer from psychological trauma, but they also suffer from physical consequences.
As if psychological trauma and physical consequences are not enough, there is a hefty death burden to be carried. For instance, earlier, it was stated about the murder on March 16, 2021, in Atlanta. It is deplorable that such women and men left orphaned children incapable of bearing the burden of death on their shoulders (Rahman et al., 2021).
However, the cruel reality forces them to mature prematurely. It explains why there are so many Asian street children in the United States. Not only do the children suffer, but spouses and other members of the immediate family also suffer. The government of the United States of America should stop these killings because these innocent Asian immigrants only seek a better life. Once children are orphaned, they are denied the opportunity to enjoy childhood, have access to education, good health care services, and a comfortable life.
The most significant impact of the violation of human rights for Asian Immigrants is the disintegration of the nicely structured family units. The damage ranges from family killings, inter-family conflicts, family separation, detention of family members, disruptions to family life, and invasion of homes. It is deplorable watching the news on the BBC where multiple innocent families are killed, not leaving behind women and children (Rahman et al., 2021). It is a tremendous shame that instead of being provided with adequate housing, access to free healthcare services, and education services for their children, Asian immigrant families are met with animosity and brutality, and are killed instantly. In the cases where some family members survive, violation of human rights acts as a separating agent, whereby children are separated from their parents and vice versa.
The violation of human rights does not only happen to adults; it also happens to children. For example, many Hmong children born in refugee camps in Thailand have never had their births registered. As a result, they lack legal status in any country and are effectively stateless. This means they cannot access essential services, such as education and healthcare (Rahman et al., 2021).
The impacts of human rights violations on Asian immigrants can be far-reaching and long-lasting. They can cause physical and psychological harm, as well as economic hardship. In some cases, they can even lead to death. Everyone must continue to shine a light on these issues and work together to protect the fundamental rights of all people, regardless of their origin or background.
The history of violating the human rights of Asian immigrants in the United States dates back to the 1850s, when many Chinese laborers sought employment in the railroad and mining industries. Asian immigrants have faced discrimination and violence in the United States. This discrimination has had a profound impact on the lives of Asian immigrants. Asian immigrants have been subject to violence, harassment, and discrimination in the United States. This violence often goes unreported and unnoticed by the mainstream media (Rahman et al., 2021).
As a result, Asian immigrants constantly fear for their safety and well-being. This fear can have a profound impact on every aspect of their lives, from their mental health to their ability to work and provide for their families. Discrimination against Asian immigrants also limits their access to education, housing, and employment opportunities. This discrimination can prevent them from obtaining the skills and resources they need to succeed in America. Additionally, it can isolate them from American society and create invisibility that leaves them vulnerable to exploitation. These violations rob them of their safety, dignity, and opportunity.
It is imperative that everyone, as a nation, does better to protect the human rights of all people (Rahman et al., 2021). Moreover, nothing good and desirable can sprout from a country that stifles its economic development. The government of the United States should know that a peaceful coalition between Asian immigrants has more merits than demerits. Availability of skilled and unskilled labor, innovation, breakthroughs in the commercial and medical fields, and a source of foreign exchange. Furthermore, America should be at the forefront of upholding every human right for all people without any discrimination.
Solutions to Eliminate Human Rights Violations
Every day, organizations worldwide are taking collective steps to improve immigration services and policies. These organizations advocate for migration and refugee policies that promote the dignity and respect for the human rights of all individuals on the move. The increasing rise of anti-Asian racism and violence must be due to America’s 150-year history of state-sanctioned discrimination against Asian immigrants, and especially an extended history of racism and xenophobia (Barberet & Rodriguez-Spahia, 2018).
Over and over again, the government of the United States of America has instigated and prolonged the existence of anti-Asian sentiment more effectively in the national security apparatus. For example, this existed during the imprisonment of Japanese Americans in World War II, but suffice it to say. Chinese immigrants have been coming to the United States in significant numbers since the 1850s to work in the mining industries and the construction of the railroad.
Since there was a high demand for these low-wage jobs, the Asian immigrants were willing to fill them, and almost immediately, the racist trope saying, “Asians coming to steal White jobs,” came into being. Thus, in 1854, the Supreme Court reinforced racism against Asian immigrants, ruling that Asian people do not testify against a white person in court (Costello, 2015). This virtually guaranteed that Whites could escape any form of punishment for anti-Asian violence.
The use of international human rights law mechanisms to combat anti-Asian discrimination and violence is key to getting rid of bias against Asians in the United States of America. In April 2021, the president of the United States enacted several measures to combat racism and intolerance against Asian migrants entering the USA (Kerwin & Alulema, 2021). It was an important step, but as ongoing incidents of anti-Asian hate continue to show up, more is indeed required. In accordance with international legal obligations, the United States of America is obligated to protect the fundamental rights and freedoms of individuals, which include the right to life and the security of an individual (Jacobsen, 2019). The right to freedom of expression, without any form of discrimination, should also be considered.
Combating anti-Asian violence calls for a response internationally. Where state officials have violated their obligations, they are to be held accountable. This is particularly important as it deals head-on with the systemic and institutional nature of racial discrimination and violence (Le Thu, 2018).
The United Nations’ rights mechanisms provide a valuable framework for understanding the scope and framework of State obligations to address racial discrimination. It provides the potential guidelines for holding States parties, including the USA, to account. These may include enhancing Accountability under the Convention on the Elimination of All Forms of Racial Discrimination.
The principle of non-discrimination can be found in all core international human rights instruments. However, the prohibition of racial discrimination is most fully expressed in the Convention, ratified in 1966 by the United States (Kerwin & Alulema, 2021). It is stated that all necessary measures should be adopted for speedily eliminating racial discrimination in all its forms and manifestations.
With this purpose in mind, States are required to implement a wide range of positive and negative obligations, including taking adequate measures to review governmental, national, and local policies and to amend or repeal any laws and regulations that may create racial discrimination. The States are also required to adopt immediate and positive measures designed to eliminate any incitement or acts of discrimination at every level of the State apparatus (Kerwin & Alulema, 2021). In addition, to put in place plans, policies, and programs in employment, education, housing, culture, and participation in public life for the affected group.
Moreover, States are obliged to undertake to guarantee, without any racial discrimination, the fundamental rights, which include the rights to security of person, freedom of movement and residence, public health, and fair trial. The article also obliges States to adopt immediate and effective measures, particularly in the fields of education, culture, information, and teaching, with a view to combating prejudices among Asian individuals (Jacobsen, 2019). This can lead to racial discrimination and promote friendship, understanding, and tolerance among nations and racial groups.
Developing and promoting information campaigns and educational policies can also help enhance cooperation between Asian Americans and their counterparts in the United States. These policies aim to call attention to the harms generated by hate speech from racists and gear toward training law enforcement officials to foster and protect human rights (Jacobsen, 2019). As most have written, anti-Asian violence has severe implications for foreign policy and national security, and the credibility of the USA has suffered as a result of a poor human rights track record. For example, China has leveraged such issues of racism by the USA and has tasked systemic racism in a report on Human Rights Violations in the state to deflect from its human rights violations in the state of Xinjiang.
The Convention on the Elimination of All Forms of Racial Discrimination is one of several human rights mechanisms that prohibit racial discrimination. Individuals, groups, inter-governmental bodies, and national human rights entities may also submit information regarding alleged abuse to the Special Procedures of the Human Rights Council (Costello, 2015). This includes the United Nations’ special report on contemporary forms of racism, racial discrimination, and related intolerance.
Additionally, the Rabat Plan of Action, which prohibits national advocacy and racial or religious hatred, aims to discourage discrimination, violence, and hostility. On the other hand, the Principles of Freedom of Expression and Equality also provide critical guidance for ensuring compliant measures to combat issues of racial racism. For Asian discrimination, in particular, in strengthening justice responses to violence against such migrants, criminal justice systems must be strengthened generally per the United Nations standards and norms in the prevention of crimes (Jacobsen, 2019). This will also include addressing the special needs of crime victims in a general manner. Among the several standards and norms relevant to preventing such injustices, those of crucial relevance in responding to violence against migrants include the Guidelines for the Prevention of Crime (2002) and the Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems (2013), among others.
Conclusion
The current increase in Asian violence builds on the existing prejudice. It is part of the broader trend of discrimination against racial, ethnic, and other minorities. Now more than ever, assessments of systematic violations of State non-discrimination obligations are required.
Meanwhile, the threat of potential Asian complaints of discrimination from States parties should pressure them to comply with the Convention on Elimination of Racial Discrimination and undertake a human rights-based response to anti-Asian attacks and other forms of racial discrimination. To make this realistic, there is a need to create partnerships with civil society organizations, European institutions, and United Nations agencies to put advocacy at the center, contributing to the well-being of people and ensuring their voice is heard.
The efforts to mitigate violence against migrants should be measured against the extent to which they produce desirable results, as aimed at combating violence against migrants. The general measures offered here are not exhaustive, as the victims of violence are migrants who need not detract from criminal justice efforts. Their unique situation and resulting challenges underscore the need to take targeted measures that address the specific vulnerabilities of the migrants.
Therefore, the document invites the necessary stakeholders to consider how the strengths of existing frameworks geared towards providing justice and protection can be brought to combat violence against migrants. As well as addressing gaps in response to violence, so that migrants are not negatively affected. Not only should Asian immigrant advocates participate in formulating solutions to the problem at hand, but the United States government should also respect and heed their input.
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