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HUMAN RIGHTS

HUMAN RIGHTS-MIGRATION-TRAFFICKING-SLAVERY-CIVIL RIGHTS

Excessive Use of Force and Migrant Death and Disappearance in Southern Arizona

By Robin C. Reineke and Daniel E. Martinez

In this article, we present a qualitative analysis of the events surrounding death or disappearance in autopsy and missing person reports from the Pima County Office of the Medical Examiner (PCOME) in Arizona to highlight how interactions between border enforcement personnel and migrants can be deadly. We reviewed PCOME records of undocumented border crosser deaths between 2000 and 2023 and observed three main types of deadly U.S. Border Patrol (USBP) practices: reckless motor vehicle pursuits, aggressive strategies used to detain individuals who are on foot, and the use of lethal force. Our findings reveal that these tactics, which we argue constitute forms of “excessive use of force,” represent significant yet overlooked factors contributing to migrant death and disappearance in southern Arizona. We make the following policy recommendations:

1. Immediate measures to prevent the loss of life

(A). The Department of Homeland Security (DHS) should mandate a ban on border enforcement methods that provoke fear, panic, or confusion.

(B). DHS should take measures to substantially reduce the use of high-speed motor vehicle pursuits by USBP and other immigration enforcement officials.

(C). DHS should ensure that USBP officers are compliant with Department of Justice (DOJ) standards on use of deadly force, in particular the policy that “Deadly force may not be used solely to prevent the escape of a fleeing suspect.”

2. Investigate Border Fatalities Involving Border Enforcement Officers

(A). We call on the Government Accountability Office (GAO) to conduct an official review of all medical examiner and coroner records along the U.S.-Mexico border for fatality cases in which border enforcement personnel were involved in any way in the circumstances surrounding death.

(B). We encourage the formation of civilian review boards in border regions to review medical examiner and coroner records of migrant fatalities involving immigration officials as well as immigration officials’ apprehension strategies immediately preceding fatal encounters with migrants.

Journal on Migration and Human SecurityVolume 12, Issue 3, September 2024, Pages 243-256