严重歧视与残酷对待移民充分暴露“美式人权”的伪善 

中国人权研究会 

2020年7月

Serious Discrimination Against and Cruel Treatment of Immigrants Fully Expose Hypocrisy of "US-Style Human Rights" 

The China Society for Human Rights Studies (CSHRS) 

July 2020 

美国是一个主要由外来移民及其后代组成的国家。然而，从历史到今天，美国针对移民的宗教偏见、文化歧视、种族排斥亦如影随形，且呈愈演愈烈之势。为美国做出巨大贡献的移民被视作威胁其政治制度、给国家财政和福利造成负担的外来者，成为被排斥与迫害的牺牲品。自2017年7月以来，美国移民当局违反国际人权法及国际人道主义，在南部边境地区强行将5400多名儿童与身为难民或非法移民的父母分开关押，造成骨肉分离，多名儿童在拘押期间死亡。2019年，总共有85万移民在美国南部边境地区遭到逮捕，他们大多遭受粗暴对待，人权遭到肆意践踏。2020年新冠肺炎疫情暴发以来，美国政府应对疫情不力使之沦为世界上疫情最严重的国家，美国关押移民的拘留场所成为新冠病毒传播的“重灾区”，美国政府还在疫情蔓延之际强行遣返大批非法移民，加重了中美洲国家的疫情风险。美国政府侵犯移民权利特别是移民儿童权利的政策在美国国内和国际社会遭到强烈批评和谴责。

The United States is a nation mainly composed of immigrants and their descendants. Unfortunately, as time has gone by, the religious, cultural, and racial discrimination against immigrants has kept developing and become increasingly intense. Immigrants who have made a huge contribution to the United States come to be regarded as outsiders who threaten the US political system and burden the country's finances and welfare. Immigrants used to be and will continue to be the victims of exclusion and persecution. Since July 2017, in violation of international human rights laws and international humanitarianism, the US immigration authorities have forcibly separated more than 5,400 children from their parents who are refugees or illegal immigrants in the southern border area, causing the painful separation of families as well as many child deaths in custody. In 2019, a total of 850,000 immigrants were arrested in the southern border area of the United States. Most of them suffered rough, insulting treatment and their human rights were trampled on. Due to its government's ineffective anti-pandemic efforts, the United States has unfortunately seen itself become the most seriously-affected country during the COVID-19 pandemic in 2020, and its immigrant detention centers are the most severely-affected places in the country. Ignoring the risk of spreading the virus, the US government has even forcibly repatriated a large number of illegal immigrants, which has put the people in Central America at higher risk of contracting COVID-19. The US government's policies leading to the violation of the immigrants' rights, especially immigrant children's rights, have been strongly criticized and denounced both in the United States and in the international community.

一、美国极端排外的移民政策导致移民遭受严重歧视和残酷对待

1. Extremely Harsh Immigration Policies Have Caused Severe Discrimination against and Cruel Treatment of Immigrants in the United States

美国政府将非法移民视为抢夺其民众工作岗位、破坏其生活方式的祸源。为阻止移民流动和入境，美国政府采取了史无前例、极端的严厉措施和执法行动，包括过度使用武力、大规模实施逮捕、强制与家人分离、任意驱逐等，导致侵犯过境移民、难民人权和实施虐待的事件频繁发生。

The US government regards illegal immigrants as troublemakers who rob US citizens of their jobs and disrupt their lifestyle. To prevent them from entering and moving around the country, the US government has adopted unprecedentedly severe measures and law-enforcement actions, including excessive use of force, large-scale arrests, forced separation from family members, and arbitrary deportations. Violations of transit migrants' and refugees' human rights have occurred frequently.

美国政府暴力对待移民，在边境地区大规模地实施剥夺移民人身自由的逮捕与拘留。据统计，2019年前9个月，美国移民和海关执法局在西南部边境逮捕的入境移民数量高达687000多人，超过了此前5年每一年的人数。其中，包括64000名无父母或者其他亲属陪伴的移民儿童。仅2019年5月，美国就逮捕移民133000人，为2006年以来的单月最高值。《华盛顿邮报》网站2019年2月22日报道称，被美国移民和海关执法局逮捕与拘留的大多数移民并没有犯罪记录。

The US government has treated immigrants violently, and arrested and detained immigrants on a large scale in the border areas of the United States. According to statistics, during the first nine months of 2019, the number of immigrants arrested by the US Immigration and Customs Enforcement (ICE) at the southwestern border of the United States reached as high as 687,000, exceeding the number of arrests in each of the previous five years. These 687,000 arrests included 64,000 immigrant minors who were unaccompanied by a parent or an immediate adult relative. In May 2019 alone, the United States arrested 133,000 immigrants, the highest monthly total of immigrant arrests since 2006. The website of The Washington Post reported on February 22, 2019, that most immigrants arrested and detained by the ICE had no criminal record. 

移民“零容忍”政策导致儿童与父母骨肉分离。美国政府2018年4月开始实施“零容忍”政策，边境执法人员逮捕难民和非法入境者并强制将其未成年子女另行安置，导致至少2000名儿童被迫与家人分离。2018年6月2日，联合国人权与国际团结问题独立专家依照联合国人权理事会第35/3号决议提交报告指出，美国政府将儿童与其寻求庇护的父母强行分开，严重危及移民的生命权、尊严和自由权等多项人权。2019年9月，联合国人权事务高级专员米歇尔·巴切莱特在人权理事会第42届会议开幕式上指出，美国等一些国家目前正在实施的政策使移民人权遭受侵犯的风险大增，移民儿童继续被美国关押在拘留中心，违反了儿童利益最大化原则。联合国移民人权问题特别报告员莫拉莱斯呼吁美国停止基于移民身份对无人陪伴以及与家人同行的儿童实施拘禁。他表示，基于移民身份对儿童实施监禁违反国际法，有损儿童的福祉，将对儿童产生长期严重的不利影响，不符合儿童利益最大化原则。

The "zero tolerance" immigration policy has resulted in the separation of children from their parents. Given the US government's "zero tolerance" immigration policy, which began in April 2018, law-enforcement officers at the border arrested refugees and illegal immigrants and forcibly resettled their minor children, causing at least 2,000 children to be separated from their families. On June 2, 2018, the UN Independent Expert on human rights and international solidarity submitted a report in accordance with the UN Human Rights Council's 35/3 resolution, stating that the US government's act of forcibly separating children from their asylum-seeking parents seriously harmed the immigrants' right to life, dignity, freedom, and other human rights. In September 2019, Michelle Bachelet, the United Nations High Commissioner for Human Rights, pointed out at the opening ceremony of the 42nd session of the Human Rights Council that the policies currently being implemented in some countries such as the United States greatly increased the risk of violating immigrants' human rights, and that the Unites States' practice of holding migrant minors in detention centers violated the best interest of the child principle, formulated in Article 3:1 of the United Nations Convention for the Rights of the Child (UNCRC). Felipe Gonzalez Morales, the UN Special Rapporteur on the human rights of migrants, called on the United States to stop detaining immigrant minors, whether accompanied or unaccompanied. According to him, the immigration-induced imprisonment of minors violates international law, harms the minors' well-being, and will have long-term serious adverse effects on them, which is not in line with the best interest of the child principle.

移民及儿童遭受非人道待遇，生命权、健康权等基本人权受到严重侵犯。《纽约时报》网站2019年6月21日和26日报道，美国国土安全部监察员报告显示，埃尔帕索边境收容所处于过度拥挤的危险状况，多达900名移民被关押在一个设计容纳125人的拘禁场所中。一些人被关押在只有站立条件的房间长达数天或几个星期。由律师、医生、记者等组成的检查团在考察得克萨斯州克林特边境收容所的拘留场所时发现，移民儿童身处监狱般的环境中，300多个儿童被关押在一个牢房中，几乎没有成年人监管。《时代》周刊网站2019年7月10日报道，美国移民和海关执法局及其他联邦机构管理的移民拘留中心人满为患，卫生条件很差。自2018年以来，共有包括7名儿童在内的24名移民在美国边境收容所拘留期间死亡。联合国人权高专办网站2019年7月8日报道，联合国人权事务高级专员米歇尔·巴切莱特对拘留中心脏乱拥挤、缺医少食的恶劣条件深感震惊，指出那里的移民儿童可能受到国际法所禁止的残忍、不人道或有辱人格的对待。美国关押移民的拘留场所在新冠肺炎疫情中成为新冠病毒传播的“重灾区”。哥伦比亚广播公司2020年5月15日报道，美国移民拘留中心出现聚集性感染新冠肺炎的情况，至少有986名移民病毒检测呈阳性。联合国移民人权问题特别报告员莫拉莱斯等多位联合国人权专家2020年4月27日发表联合声明，要求美国政府将移民从人满为患且卫生条件恶劣的拘留中心转移；5月29日，联合国人权理事会15名特别机制专家发表联合声明，敦促美国采取更多措施，防止疫情在拘留中心暴发。

Immigrants, including immigrant children, are subjected to inhumane treatment, with their basic human rights, such as the right to life and right to health, being seriously violated. As reported by the website of The New York Times on June 21 and 26, 2019, a report made by an inspector of the Department of Homeland Security exposed that an El Paso border shelter was dangerously overcrowded, with up to 900 immigrants being detained in a detention center designed to accommodate 125 people, and some of them being detained in rooms where they could only stand for days or weeks. When inspecting the detention centers at a Clint border shelter in Texas, an inspection team consisting of lawyers, doctors, and journalists found that migrant children were in a prison-like environment, and more than 300 children were detained in a cell without adult supervision. The website of Time magazine reported on July 10, 2019, that immigration detention centers managed by the ICE and other federal agencies were overcrowded and had poor sanitary conditions. Since 2018, a total of 24 immigrants, including 7 children, have died while being detained at US border shelters. As reported by the website of the Office of the United Nations High Commissioner for Human Rights on July 8, 2019, Michelle Bachelet, the United Nations High Commissioner for Human Rights, felt deeply shocked by the harsh conditions of the detention centers, which were messy, crowded, and short of food and clothing, and pointed out that migrant children there could be subjected to cruel, inhuman, or degrading treatment prohibited by international law. The immigrant detention centers of the United States have become the places that are most affected by COVID-19 during the recent pandemic. According to a CBS report released on May 15, 2020, clusters of COVID-19 infections were apparent in the immigrant detention centers of the United States, where at least 986 immigrants had tested positive for COVID-19. The United Nations Special Rapporteur on human rights of migrants Felipe Gonzalez Morales and other UN human rights experts issued a joint statement on April 27, requesting the US government to transfer immigrants from overcrowded and insanitary detention centers. On May 29, 15 experts of the Special Procedures of the United Nations Human Rights Council issued a joint statement urging the United States to take more measures to prevent virus outbreaks in the detention centers.

寻求庇护的儿童遭受虐待和性侵，移民尊严受到践踏。英国《独立报》网站2018年5月23日报道，美国边境执法人员虐待寻求庇护儿童的案件数量惊人增长。有116起虐待寻求庇护儿童的事件被披露，涉事人员被指控对5至17岁的儿童进行身体、性或心理上的虐待。《纽约时报》网站2018年11月12日报道，美国检方提供的信息显示，得克萨斯州南部过去4年至少有10人被边境执法人员绑架、强奸或谋杀。美国有线电视新闻网2018年6月22日报道，一家儿童收容所的医疗记录显示，在押儿童被强迫注射了抗精神病药和镇静剂。一份法庭记录显示，一名11岁女孩声称，她每天被要求服用10片药片，服药后会感到头痛、食欲不振和恶心。在弗吉尼亚州雪兰多亚山谷青少年收容中心，儿童被工作人员嘲弄、用笔刺伤、抢走衣服和床垫，甚至被迫戴上手铐。联合国网站2020年5月21日报道，自3月以来，美国政府不顾疫情风险，将至少1000名无人陪伴的移民儿童遣送回中南美洲，联合国儿童基金会批评此举将导致儿童处于更大的危险之中。

Asylum-seeking children are subjected to abuse and sexual assault, and the dignity of migrants has been trampled on. As reported by the website of the British newspaper The Independent on May 23, 2018, the number of cases in which US border law-enforcement officers abused asylum-seeking children increased dramatically, and 116 such cases were disclosed with the involved officers being accused of physical, sexual, or psychological abuse of children aged 5 to 17. The website of The New York Times reported on November 12, 2018, that information provided by prosecutors showed that at least 10 people in southern Texas had been abducted, raped, or murdered by border law-enforcement officers in the past four years. As reported by CNN on June 22, 2018, medical records at a child detention center showed that children in custody were forced to be injected with antipsychotics and sedatives. According to a court record, an 11-year-old girl claimed that she was required to take 10 tablets a day, which caused headaches, loss of appetite, and nausea. At the Shenandoah Valley Juvenile Center in Virginia, children were taunted, stabbed with pens, robbed of clothes and mattresses, and even handcuffed. The website of the United Nations reported on May 21, 2020, that since March, the US government had repatriated at least 1,000 unaccompanied immigrant children to Central and South America regardless of the risk of the pandemic. The United Nations Children's Fund (UNICEF) criticized this move, for it would expose the children to greater danger.

二、美国移民政策排外主义大行其道的原因

2. Many Reasons Lead to the Overflowing Xenophobia in US Immigration Policies

（一）美国联邦最高法院为移民政策排外主义背书

(1) The Supreme Court of the United States (SCOTUS) Offers Its Endorsement for the Xenophobia Existing in US Immigration Policies

美国的缔造者们认为，为了巩固建国成果、开发土地扩张地盘，政府需要依赖外来移民带来的人口增长和充沛的劳动力，因此鼓励外来移民是国家利益的需要。与此同时，他们也对移民可能对美国政治生活产生何种影响疑虑重重。对移民外来民族特性的不容忍和疑虑，以及对外来民族特性进行同化的理想和自信，贯穿于美国移民制度的发展历史，是决定美国政府排斥与同化外来移民的两种对立政策的基准。

The founders of the country recognized that in order to consolidate the achievements of the founding of the country and to expand the territory of the country, the government had to rely on population growth and abundant labor resources brought by immigrants. Back then, for the sake of national interests, the United States encouraged immigration, but at the same time, they were concerned about how immigration might affect US political life. Two conflicting mentalities, namely intolerance and doubt concerning the ethnic characteristics of immigrants, and the ideal of and self-confidence in assimilating immigrants, have been embodied throughout the development history of the US immigration system. They have also become the theoretical basis for the US government's immigration policies featuring assimilation or exclusion of immigrants. 

进入19世纪，随着越来越多的移民来到美国，美国国内拉开了结束自由移民转而限制与排斥移民的时代序幕。19世纪末期，为了给当时歧视移民的臭名昭著的“排华法案”提供辩解，美国联邦最高法院首次将“不能被同化的移民”与威胁美国安全的“侵略”行为联系起来，为管控移民的联邦立法和行政权创设了“全体权力原则”。1889年的“排华案”中，美国联邦最高法院提出，美国存在不同种族的外国人，如他们不能被同化，将对美国的和平与安全构成威胁，美国政府有权将这些外国人排除在外，而且这种拒绝外国人入境的联邦立法与行政权具有超越司法权的“全体权力”性质。1892年，美国联邦最高法院在“西村案”判决中进一步明确了“全体权力”的概念。自此，有了全体权力原则“保驾护航”，美国移民政策大行排外主义，明目张胆地不断歧视、排斥特定种族，却不受宪法司法审查制度的制约。

Upon entering the 19th century, as more and more immigrants came to the United States, the era of free immigration was ended and another era featuring restriction on and exclusion of immigrants began. In the late 19th century, in order to justify the notorious racial discrimination act, the "Chinese Exclusion Act", the SCOTUS for the first time had linked "immigrants that could not be assimilated" with "aggression" that threatened US security. It also created the "principle of whole power" for the federal legislature and administration to curb immigration. In the "Chinese Exclusion Case" of 1889, the SCOTUS ruled that if foreigners of different races existing in the United States could not be assimilated, they would pose a threat to the peace and security of the United States, and thus the United States government had the right to exclude these foreigners, and this federal legislative and executive power to exclude these foreigners had a "whole power" nature that went beyond the judicial power. In 1892, the SCOTUS further clarified the concept of "whole power" in judging the West Village Case. Since then, with the principle of whole power, US immigration policies have begun blatantly embracing xenophobia, constantly discriminating against and excluding certain races, without being subjected to the constitutional judicial review system. 

2018年，美国联邦最高法院再一次使用这一原则，为美国现任政府针对特定国家的“旅行禁令”背书。2017年1月27日，美国政府发布一项行政命令，禁止伊朗、伊拉克、利比亚、索马里、苏丹、叙利亚和也门等7个国家的公民进入美国。由于禁令所涉国家均以穆斯林人口为主，因此该行政令也被普遍解读为“穆斯林禁令”。这一禁令在美国国内和世界各地都引发了广泛抗议。尽管美国政府两次更改旅行禁令内容，但主要针对穆斯林国家的基调不变。夏威夷州以该禁令违反美国宪法和移民法律为由向联邦法院提起诉讼。2018年6月，美国联邦最高法院以5票支持、4票反对的结果裁定支持最终版本旅行禁令。该判决在美国国内引起了很大争议。埃及《第七日报》评论称，美国政府的旅行禁令得到联邦最高法院的同意而全面生效，很多中东国家对此表示失望和愤怒。

In 2018, the SCOTUS once again used this principle to endorse the current US government's "travel ban" for specific countries. On January 27, 2017, the US government issued an executive order prohibiting citizens of seven countries, namely Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen, from entering the United States. As the seven countries covered by the ban are majority-Muslim countries, the executive order is also widely interpreted as a "Muslim ban". This ban has sparked widespread protests in the United States and around the world. Although the content of the travel ban has been modified twice by the US government, it is still unfairly and discriminately targeting Muslim countries. The state of Hawaii has filed a lawsuit in federal court over the travel ban, accusing the ban of violating the US Constitution and immigration laws. In June 2018, the SCOTUS ruled in favor of the final version of the travel ban with 5 votes in favor and 4 votes against. The verdict has caused much controversy in the United States. As Youm7 (or Seventh Day), a daily of Egypt, commented, many Middle East countries expressed disappointment and anger when the US government's travel ban was in full effect with the consent of the SCOTUS. 

美国联邦最高法院通过一系列判例将联邦政府在移民领域的“全体权力”打造为国家自卫的工具，用来对抗外国移民的“侵略”，并且将权力范畴从拒绝移民入境权扩大到对已入境移民的驱逐权。有了联邦最高法院判决，联邦政府权力在移民领域成为专门为“政治部门”保留、脱离宪法监督的“法外之地”，这是美国移民政策排外主义存在、延续以至在特定时期狂飙的制度根源。

Through a series of judicial practice and legal precedents, the SCOTUS has turned the federal government's "whole power" in handling immigration affairs into a tool of national defense, which can be used to resist the "aggression" of foreign immigrants. Besides, the scope of the power has gradually expanded from rejecting incoming immigrants to expelling immigrants who have entered the United States. With the endorsement of the SCOTUS, the federal government's power in the field of immigration has become a power reserved exclusively for the "political department" and separated from constitutional supervision. This is the systemic root for the existence, continuation, and even rampancy of xenophobia in US immigration policies. 

（二）美国反移民意识形态主流化将排外主义推向极端

(2) As the Anti-Immigration Ideology Has Occupied the Mainstream Position, Xenophobia Is Pushed to the Extreme 

当前，反移民意识形态已经纳入美国政治生态的主流。美国反诽谤联盟网站2019年8月8日发文指出，美国的白人至上主义者认为他们受到外来移民的围攻，人口结构的变化和移民的增加正在摧毁“盎格鲁－撒克逊中心主义”新教文化，白人将很快成为传统白人国家的少数民族，需要立即采取行动来阻止这些种族和文化变革。

At present, the anti-immigrant ideology has occupied the mainstream position in the political ecology of the United States. On August 8, 2019, a post on the website of the Anti-Defamation League (ADL) pointed out that white supremacists in the United States believe that they are under siege by immigrants and that as demographic changes and the increase in immigration are destroying the "Anglo-Saxon" Protestant culture and turning the white people into an ethnic minority, it is necessary to take quick action to stop these ethnic and cultural changes. 

反移民政策在美国政治角力中被用作离间与拉拢选民的工具，进一步将排外主义推向极端。美国政府高层大打“移民牌”，利用在大众面前妖魔化移民及展现对移民的强硬态度，鼓励偏执、仇外和种族主义，以期获得政治上的回报。2018年11月28日，联合国人权理事会任意拘留问题工作组主席兼报告员、当代形式种族歧视问题特别报告员、酷刑问题特别报告员、贩运人口问题特别报告员等10名联合国人权专家发表联合声明，批评美国政府高层违反国际人权标准、发表种族主义和排外主义言论并采取相关行动，对移民和难民进行污名化，将其视为罪犯和“传染病”，从而助长不容忍、种族仇恨和排外情绪，营造对非白人充满敌意的社会环境等。

Anti-immigration policies have been used as a tool to alienate or draw voters into the US political competition, further pushing xenophobia to the extreme. High-ranking political officials of the United States played the "immigration card". In order to gain political benefits, they encouraged paranoia, xenophobia, and racism by demonizing immigrants in front of the public and demonstrating a negative attitude toward immigration. On November 28, 2018, 10 UN human rights experts, including the Chairman and Rapporteur of the Working Group on Arbitrary Detention of the UN Human Rights Council, the Special Rapporteur on contemporary forms of racial discrimination, the Special Rapporteur on torture, and the Special Rapporteur on trafficking in persons, issued a joint statement, criticizing high-level officials of the US government for violating international human rights standards, making racist and xenophobic remarks and actions, stigmatizing immigrants and refugees, and treating immigrants and refugees as criminals and "infectious diseases", thereby fostering intolerance, racial hatred, and xenophobia and creating a hostile social atmosphere toward non-whites, etc. 

对移民的污名化助长了仇外情绪，进一步加剧了美国民众对外来移民的负面焦虑情绪。2018年7月的盖洛普民意调查中，近四分之一的受访者表示，移民是美国的头号问题。《今日美国报》网站2019年8月8日报道指出，不断对移民妖魔化的口诛笔伐创造了一种氛围，让白人至上主义者借机把对移民的仇恨言论转化为暴力行动。

Stigmatizing immigrants has fueled xenophobia and further exacerbated the US people's anxiety toward immigrants. A Gallup poll issued in July 2018 showed that nearly a quarter of US respondents regarded immigration as the number one problem in the United States. The website of USA Today pointed out on August 8, 2019, that the constant demonization of immigration has created an atmosphere in which white supremacists have an excuse to turn their hate speech against immigrants into violent actions.

（三）美国单边移民政策导致边境地区非法移民形势不断恶化

(3) The Unilateral Immigration Policy of the United States Has Caused the Situation of Illegal Immigration in the Border Areas to Continue Deteriorating 

2018年，来自中美洲地区的数千名民众离开自己的国家成群结队地到达墨西哥南部，并希望北上最终进入美国，引发了美国西南部边境移民潮。中美洲移民现象由来已久，为了逃离在当地面临的贫穷、失业、饥饿、暴力犯罪以及天灾等生存与人身安全威胁，历史上多次形成入境美国的移民潮，其根源是长期存在的地区发展不平衡。英国《卫报》网站2018年12月19日报道指出，20世纪80年代中美洲地区局势动荡既是美国冷战的衍生品，也是造成当今中美洲国家政治和经济困局至关重要的因素，中美洲移民北上正是为了逃脱由美国制造的“地狱”。

In 2018, thousands of people from Central America left their countries in droves to reach southern Mexico, hoping to go north and eventually enter the United States. This constituted a wave of immigration across the southwestern border of the United States. Immigration flows from Central America are long-existing phenomena, and there were many such waves of immigration in history. The fundamental cause of these phenomena is the long-standing imbalance in regional development in America, which makes these Central American immigrants want to escape the threats to their survival and personal safety in their own countries, such as poverty, unemployment, hunger, and violent crimes. The website of the British newspaper The Guardian pointed out on December 19, 2018, that it was the Cold War that caused the turmoil in Central America in the 1980s and the current political and economic difficulties in this region, therefore the Central American immigrants were just escaping the "hell" that had been created by the United States. 

为了阻止中美洲移民北上流动和入境，2017年至2019年两年时间内，美国政府在边境地区采取了一系列强硬政策，实施以惩罚性措施为导向的严厉执法行动。美国总统宣布全国边境进入紧急状态，从国防和其他项目转移了数十亿美元用于修建边境隔离墙。美国政府还大幅提高了中美洲难民申请庇护的条件，不再接受帮派或家庭暴力受害者的庇护申请。为了阻止中美洲移民入境，数千名美国现役军人和国民警卫队成员被派往南部边境地区，并且多次在美国与墨西哥边境使用暴力执法手段残酷对待寻求庇护的移民。然而，美国政府试图快速解决问题的惩罚性措施效果与预期完全相反，非但没有阻止移民流动，反而使边境地区面临更严峻形势。美国2017年在其西南边境逮捕非法移民的数量为30多万人，2019年竟达到85万人。逮捕非法移民数量急剧上升表明美国边境安全形势在短期内显著恶化，严厉的排外移民政策与严峻的移民形势之间形成了恶性闭环效应。

To prevent the Central American migration flows from moving northward and entering the United States, the US government adopted a series of tough policies for the border area from 2017 to 2019, and implemented rigorous law-enforcement actions featuring punitive measures. The US President has declared a state of emergency across the border, and billions of dollars have been transferred from national defense and other projects to build a border wall. The US government has also significantly reduced the number of qualifications for granting asylum to Central American refugees, rejecting applications for asylum from victims of gang or domestic violence. To prevent the entry of Central American immigrants, thousands of active-duty US military personnel and members of the National Guard have been sent to the southern border area of the United States. They have habitually resorted to violent law-enforcement measures and treated the asylum-seeking immigrants cruelly in the US-Mexico border areas. Unfortunately, these punitive measures adopted by the US government to quickly resolve the issue have produced the opposite effect. Instead of preventing immigration flows, the border area is facing a more severe situation. More than 300,000 illegal immigrants were arrested on the southwest US border in 2017 alone, and in 2019, this figure surged to about 850,000. The sharp increase in the number of arrests of illegal immigrants indicates that the security situation at the US border has deteriorated significantly within a short period of time, and that a vicious cycle has been formed between the rigorous, xenophobic immigration policies and the severe immigration situation.

美国政府想方设法地将移民问题推向邻国。美国政府实施“留在墨西哥”政策，要求寻求庇护者停留在墨西哥数月或更长时间，等待美国庇护或遣送的决定。同时，美国以加征关税相威胁，迫使墨西哥政府同意接收美国境内的非法移民。美国“拦截者”网站2019年7月14日报道，“留在墨西哥”政策不是在保护移民，而是将移民置于更大的危险当中。移民被迫在强奸、绑架、谋杀等犯罪最猖獗的边境城市停留数月，生命安全遭受严重威胁。2020年新冠肺炎疫情暴发以来，美国政府以邻为壑，在疫情持续蔓延之际仍强行遣返大批非法移民，加重了中美洲国家的疫情风险。美国这种将风险甩给其他国家的做法缺乏责任担当，凸显了其自私自利的单边主义立场。

In the meantime, the US government is trying every way to push its immigration-related responsibilities on to its neighboring countries. The US government has implemented a "Remain in Mexico" policy that requires asylum-seekers to stay in Mexico for months or even longer, awaiting a decision on asylum or repatriation by the United States. In the meantime, the United States has forced the Mexican government to agree to accept illegal immigrants in the United States by threatening to increase tariffs. The Intercept website reported on July 14, 2019, that the "Remain in Mexico" policy was not protecting immigrants but putting them at greater risk, as these immigrants' lives and security were seriously threatened when they were forced to stay in border cities for months, where rape, abduction, murder, and other crimes occur most frequently. Since the outbreak of the COVID-19 pandemic in 2020, the US government has adopted a "beggar-my-neighbor" policy. Disregarding the spread of the pandemic, it has forcibly repatriated a large number of illegal immigrants, which has increased the risk of the spread of COVID-19 in Central American countries. Such an irresponsible practice of passing on the risk to other countries points to a go-it-alone "unilateralism" on the part of the United States.

美国政府严厉的惩罚性措施以及处理移民问题的单边主义不但无助于解决非法移民的根源问题，相反加深了墨西哥和美洲其他移民来源国的发展不平衡问题，对美国边境地区移民局势构成进一步冲击，并将非法移民问题拖进长期化的泥潭。

The US government's strong punitive measures and unilateralism on immigration issues cannot help solve the root cause of illegal immigration. Instead, they will worsen the imbalance in the development between the United States and Mexico and other countries where immigrants come from. This will further worsen the immigration situation in the border areas and make the illegal immigration issue fall into a long-term quagmire.

三、美国移民政策排外主义引发严重后果

3. Xenophobia in US Immigration Policies Has Caused Serious Consequences

在移民领域，美国实质上奉行的是“盎格鲁－撒克逊中心”的白人至上主义，透过极端排外主义政策压制其他种族，侵犯移民的基本权利和人格尊严，暴露出所谓“美式人权”的虚伪性。美国各界围绕移民政策的严重分歧，加剧了社会内部分裂。

As regards immigration, the United States essentially pursues white (Anglo-Saxon) supremacy. It suppresses other races through extreme xenophobia and violates the basic rights and personal dignity of immigrants. This has exposed the hypocrisy of the so-called "US-style human rights". Social contradictions are deeply entrenched in US society, and it is extremely difficult to solve these contradictions. 

极端移民政策和排外主义导致社会矛盾激化，仇恨犯罪愈演愈烈。《纽约时报》网站2019年8月5日报道，8月3日上午至4日凌晨，美国得克萨斯州埃尔帕索市和俄亥俄州代顿市接连发生大规模枪击事件，共造成31人死亡，数十人受伤。官方称，埃尔帕索枪击事件发生前，枪手在一份指责拉美移民“入侵”得克萨斯州的宣言中散布仇恨和种族主义言论。舆论认为，枪手的杀人动机与对移民的普遍敌意有关。英国《卫报》网站2019年8月27日报道称，白人至上主义者应当对2008年至2017年美国恐怖袭击中71%的人员死亡负有责任。

Extreme immigration policies and xenophobia have intensified social conflicts and hate crimes in the United States. As reported by the website of The New York Times on August 5, 2019, from the morning of August 3 to the early morning of August 4, large-scale shootings occurred in El Paso, Texas, and Dayton, Ohio, killing 31 people and injuring several dozens, and according to the officials, before the El Paso shooting, the gunman spread hate and racist speech in a statement accusing Latin American immigrants of "invading" Texas. The public generally believes that the gunman's motive is related to his general hostility toward immigrants. As reported by the website of the British newspaper The Guardian on August 27, 2019, white supremacists should be held accountable for 71 percent of the deaths in US terrorist attacks between 2008 and 2017. 

美国各界围绕移民政策的分歧严重，加剧了社会内部分裂。美国共和党政府和民主党围绕国会预算案拨款建造边境隔离墙问题长期僵持不下，约四分之一的联邦政府机构自2018年12月22日开始了长达35天的“停摆”，约80万联邦政府雇员被迫无薪工作或被强制休假，民众生活受到极大影响。美国多个州对联邦政府的移民政策进行强烈批评。2019年8月26日，美国19个州和华盛顿特区联合提起诉讼，反对联邦政府推出允许无限期关押非法移民家庭的新规定。

The divergence in immigration policies existing in different sectors of the United States has exacerbated the country's internal divisions. The current Republican administration and Democrats have long been deadlocked over congressional budget appropriations to build the border wall, about a quarter of federal government agencies had been "shut down" for as long as 35 days since December 22, 2018, and about 800,000 federal government employees have been forced to work without pay or take vacations during this period of time. This federal government shutdown has greatly affected the US people's lives. Many states in the US have strongly criticized the federal government's immigration policies. On August 26, 2019, 19 US states and Washington, DC jointly filed a lawsuit against the Trump administration's new rules that allow illegal immigrant families to be detained indefinitely. 

美国移民政策中充斥种族歧视，严重损害了美国的国家认同与民族融合进程。沃克斯新闻网2019年8月12日报道指出，美国政府对不能被同化的移民所持有的排外主义立场已达到前所未有的极端化程度，向民众传递的负面信息是：“如果你是棕色人种、黑人抑或是移民，你在这里不再受欢迎。”这将从根本上对美国作为移民国家的传统面貌构成挑战，对国家、社会福祉产生严重后果。

The US immigration policies that are full of racial discrimination have seriously damaged the recognition for national identity and the fusion of races in the United States. As reported by the VOX news website on August 12, 2019, the US government's xenophobia against immigrants who cannot be assimilated has reached an unprecedented extreme in US history, which delivers a negative message to the public: "If you are brown, black, or an immigrant, you are no longer welcome here." This will fundamentally challenge the tradition of the United States as an immigrant country and exert a strong influence on the national and social well-being. 

自英属北美殖民地及美国独立以来的四个多世纪中，外来移民为美国提供了充沛的劳动力资源，促进经济繁荣与发展，带动科技交流和创新，并且塑造了美国民族多元化与文化结构的多样性。然而，当前美国政府一面高喊人权口号，一面却挥舞极端排外主义大棒排斥与歧视移民，这一行径不仅极具讽刺意味，也无疑罔顾美国的传统及现实。移民遭受严重歧视与残酷对待的现实彻底暴露了美国所谓“人权卫士”的伪善面目。

Since the independence of the United States, immigrants have offered abundant labor resources for the United States, made great contributions to its economic prosperity and development, facilitated scientific and technological exchanges and innovation, and shaped the diversity of its ethnicity and culture. Nevertheless, now the US government is showing extreme xenophobia and rejecting and discriminating against immigrants, while chanting human rights slogans. This act is not only ironic, but it also undoubtedly ignores the traditions and reality of the United States. The reality of severe discrimination against and cruel treatment of immigrants has completely exposed the hypocrisy of the so-called "defender of human rights". 

（来源：新华网）

(Source: Xinhua)