This case seeks international accountability for the creation by the United States government of a climate that fosters discrimination and violence against Latinos residing in the country. This climate has led to a sharp increase in the number of human rights violations committed against Latinos in the United States.

On November 8, 2008, Oswaldo Marcelo Lucero was stabbed and killed by a group of seven young men who called themselves the Caucasian Crew, engaging in a series of targeted assaults against Latinos in Suffolk County, New York. According to the Suffolk County District Attorney at the time, “it was not unusual for these young people to go out and look for Latinos.”

Since Oswaldo’s murder, hate-filled rhetoric and violence against Latinos in the United States has reached staggering heights. Numerous federal and local law enforcement officials have abandoned obligations to respect, protect, and fulfill human rights obligations to secure the safety of all civilians, regardless of race or ethnicity. And anti-immigrant and anti-Latino propaganda from government officials has encouraged racial hatred and anti-Latino violence, including the 2019 mass murder of 22 Latino civilians at a shooting in a Wal-Mart store in El Paso, Texas by a gunman who admitted to targeting “Mexicans” and claimed inspiration from U.S. President Donald Trump’s views, rhetoric, and policies.

The surge of violence and discriminatory rhetoric against Latinos is directly traceable to federal government propaganda and policies: racist and xenophobic language against Latino immigrants in campaigns for federal office and official policy statements; racial profiling and criminalization of Latino immigrants through mass incarceration in civil immigration detention; and failure to protect Latino victims of race-motivated violence from private actors.

What is the legal argument in this case?

Under the American Declaration of the Rights and Duties of Man, the United States has a duty to protect the rights to life, liberty and personal security, (Article I), equality before law (Article II), and honor, personal reputation, and private and family life (Article V). It must also accord recognition of juridical personality and civil rights (Article XVII) and judicial protection (Article XVIII).

Through its action and omissions, the United States has created a climate that fosters discrimination and violence against Latinos residing in the country, leading to widespread human rights violations against them.

What is the status of this case?

In 2018, the Inter-American Commission on Human Rights ruled the petition admissible, finding a colorable claim that the United States had violated the human rights of Latinos by failing to protect them from race-motivated discrimination and violence.

In August 2025, petitioners submitted a request for a public hearing on the case that is pending before the Commission.

August 22, 2025

Petitioners’ request for a hearing

November 30, 2021

Further observations of the United States

April 9, 2020

Petitioners’ additional observation in support of petition

December 31, 2018

Report on admissibility from the the Inter-American Commission on Human Rights

December 18, 2008

Petition filed with the Inter-American Commission on Human Rights