Case No Country Mandate(s) USA 17/2011 Migrants; 16/09/2011 United States OL of America BWA 1/2011 19/09/2011 Botswana JAL Summary of the allegation transmitted Request for information on measures taken to ensure that legislation at state and federal level ensures the protection of the human rights of migrants. The letter welcomes the announcement by the Government of the USA on 18 August 2011 of a new policy according to which deportation proceedings against irregular migrants who do not pose a clear threat to national security and/or public security, have lengthy criminal record and/or egregious record of immigration violations, will be suspended and subject to individual review. In this context, further information is sought on the situation, treatment and status of irregular migrants in the country, in particular the enactment of comprehensive federal legislation ensuring protection of the human rights of migrants living in the USA. This is especially important in view of recent enactment of immigration laws at the state level wnathich run counter to the international human rights obligations of the USA. In this regard, several states (Alabama, Georgia, Indiana, South Carolina, Utah) have reportedly enacted laws providing for the investigation and detention of persons suspected of living or working irregularly in the USA. Torture; Alleged rape of young woman while in immigration detention. According to the information Violence against received, Ms. X, a young woman from the Democratic Republic of the Congo, arrived to women; Botswana seeking asylum in December 2008. She was reportedly transferred to the Francistown Centre for Illegal Immigrants as a matter of procedure, where she was held and allegedly raped in 2010. As a result of the alleged rape, Ms. X became pregnant and gave birth to a baby girl. In August 2011, Ms. X and her newly-born baby were transferred to the Dukwi Refugee Camp of UNHCR from where they were allegedly forcibly returned to Francistown Centre upon the reported order of the head of the Ministry of Defence, Justice and Security in Gaborone. It is reported that no further information had been released regarding their situation or wellbeing since. Reply A/HRC/19/44 80 Date Type