International Convention on the Protection of the Rights of all Migrant in the United States

Article 77

1. A State Party to the present Convention may at any time declare
under the present article that it recognizes the competence of the
Committee to receive and consider communications from or on behalf of
individuals subject to its jurisdiction who claim that their individual
rights as established by the present Convention have been violated by
that State Party. No communication shall be received by the Committee if
it concerns a State Party that has not made such a declaration.

2. The Committee shall consider inadmissible any communication under
the present article which is anonymous or which it considers to be an
abuse of the right of submission of such communications or to be
incompatible with the provisions of the present Convention.

3. The Committee shall not consider any communications from an
individual under the present article unless it has ascertained that:

(a) The same matter has not been, and is not being, examined under
another procedure of international investigation or settlement;

(b) The individual has exhausted all available domestic remedies; this
shall not be the rule where, in the view of the Committee, the
application of the remedies is unreasonably prolonged or is unlikely to
bring effective relief to that individual.

4. Subject to the provisions of paragraph 2 of the present article,
the Committee shall bring any communications submitted to it under this
article to the attention of the State Party to the present Convention
that has made a declaration under paragraph 1 and is alleged to be
violating any provisions of the Convention. Within six months, the
receiving State shall submit to the Committee written explanations or
statements clarifying the matter and the remedy, if any, that may have
been taken by that State.

5. The Committee shall consider communications received under the
present article in the light of all information made available to it by
or on behalf of the individual and by the State Party concerned.

6. The Committee shall hold closed meetings when examining
communications under the present article.

7. The Committee shall forward its views to the State Party concerned
and to the individual.

8. The provisions of the present article shall come into force when
ten States Parties to the present Convention have made declarations under
paragraph 1 of the present article. Such declarations shall be deposited
by the States Parties with the Secretary-General of the United Nations,
who shall transmit copies thereof to the other States Parties. A
declaration may be withdrawn at any time by notification to the
Secretary-General. Such a withdrawal shall not prejudice the
consideration of any matter that is the subject of a communication
already transmitted under the present article; no further communication
by or on behalf of an individual shall be received under the present
article after the notification of withdrawal of the declaration has been
received by the Secretary-General, unless the State Party has made a new
declaration.

Article 78

The provisions of article 76 of the present Convention shall be
applied without prejudice to any procedures for settling disputes or
complaints in the field covered by the present Convention laid down in
the constituent instruments of, or in conventions adopted by, the United
Nations and the specialized agencies and shall not prevent the States
Parties from having recourse to any procedures for settling a dispute in
accordance with international agreements in force between them.

PART VIII

General provisions

Article 79

Nothing in the present Convention shall affect the right of each State
Party to establish the criteria governing admission of migrant workers
and members of their families. Concerning other matters related to their
legal situation and treatment as migrant workers and members of their
families, States Parties shall be subject to the limitations set forth in
the present Convention.

Article 80

Nothing in the present Convention shall be interpreted as impairing
the provisions of the Charter of the United Nations and of the
constitutions of the specialized agencies which define the respective
responsibilities of the various organs of the United Nations and of the
specialized agencies in regard to the matters dealt with in the present
Convention.

Article 81

1. Nothing in the present Convention shall affect more favourable
rights or freedoms granted to migrant workers and members of their
families by virtue of:

(a) The law or practice of a State Party; or

(b) Any bilateral or multilateral treaty in force for the State Party
concerned.

2. Nothing in the present Convention may be interpreted as implying
for any State, group or person any right to engage in any activity or
perform any act that would impair any of the rights and freedoms as set
forth in the present Convention.

Article 82

The rights of migrant workers and members of their families provided
for in the present Convention may not be renounced. It shall not be
permissible to exert any form of pressure upon migrant workers and
members of their families with a view to their relinquishing or foregoing
any of the said rights. It shall not be possible to derogate by contract
from rights recognized in the present Convention. States Parties shall
take appropriate measures to ensure that these principles are respected.

Article 83

Each State Party to the present Convention undertakes:

(a) To ensure that any person whose rights or freedoms as herein
recognized are violated shall have an effective remedy, notwithstanding
that the violation has been committed by persons acting in an official
capacity;

(b) To ensure that any persons seeking such a remedy shall have his or
her claim reviewed and decided by competent judicial, administrative or
legislative authorities, or by any other competent authority provided for
by the legal system of the State, and to develop the possibilities of
judicial remedy;

(c) To ensure that the competent authorities shall enforce such
remedies when granted.