Open Access Publisher and Free Library
11-human rights.jpg

HUMAN RIGHTS

HUMAN RIGHTS-MIGRATION-TRAFFICKING-SLAVERY-CIVIL RIGHTS

Posts tagged Migrant
Exporting Migrant Suffering: The U.S. and Spain Border Externalization Strategies in Perspective

By Jesús de la Torre 

In September 2023, US and Mexican officials, joined by business leaders from the Mexican train company Ferromex, met in Ciudad Juárez to agree on new measures to curtail irregular migration. “We are continuing to work closely with our partners in Mexico to increase security and address irregular migration along our shared border,” said Troy A. Miller, a top U.S. Customs and Border Protection (CBP) official. Considering still increasing encounters at the U.S.-Mexico border, the U.S. redoubled its pressure on Mexico to deter asylum seekers. In turn, Mexico implemented more aggressive enforcement measures against people seeking safety, work, and family reunification. In a call to Mexican President Andrés Manuel López Obrador in February 2024, President Biden “expressed his appreciation for Mexico’s operational support and for taking concrete steps to deter irregular migration while expanding lawful pathways.” In the same vein, CBP touted a decrease in encounters at the U.S.-Mexico border in early 2024 as a success. Too often, the U.S. and other high-income countries measure migration policy success according to the number of migrants arriving at their borders, including asylum seekers. Fewer encounters at borders are often equated to policy success while increasing encounters prompt narratives of “crisis.” However, this reasoning masquerades the conditions leading people to migrate in the first place, migrants’ experiences during transit, and, most importantly, the influence that the U.S. immigration policies exert over those who haven’t crossed its borders yet. One of the most significant policies impacting people on the move is border externalization: the expansion of one country’s migration policy preferences to other third states through a multi-layered web of public and private actors and agreements to prevent migrants and asylum seekers from arriving and staying in its territory. From agreements with Mexico to host asylum seekers (Migrant Protection Protocols, MPP) to policies that forcibly return or expel nationals to countries others than theirs (Title 42, Safe Third Country Agreements) or force countries to deter asylum seekers, the externalization of borders is becoming the option by default when it comes to migration governance This report problematizes the U.S. externalization of its border toward Northern Central America and Mexico (Mesoamerica from now on) from a global critical perspective, highlighting patterns of policy diffusion and grassroots resistance. For that purpose, it conducts a comparative case study with Spain. The U.S. and Spain have been paradigmatic cases of cross-country comparison to find similarities and differences between a long-term net-receiving country and a “latecomer” to net-receiving migration. It would be expected that these two countries, with significant differences in their migration histories, would have developed diverse strategies to manage migration. Based on 21 in-depth semi-structured interviews with practitioners accompanying people on the move in Mexico, Guatemala, Honduras, El Salvador, Morocco, Senegal, and Mauritania,5 6 this report will how both countries have developed similar border externalization strategies with similar impacts on people on the move. The reasons lay in similar securitized and racist perspectives of migration and asylum based on sanitized and reified conceptions of who belongs to the “nation.” Ultimately, this report shows that the U.S. border externalization practices cannot and mustn’t be understood in isolation but rather as about a larger web of global practices that respond to similar policy goals and narratives. Therefore, actions to challenge these policies from below demand transnational solidarity and coordination. The subsequent sections are structured as follows. The first section reviews the dynamics and functioning of the U.S. and Spain’s externalization policies in Mesoamerica and Northern Western Africa through the lived experience of practitioners. The second section explores the impacts of such dynamics on local populations and people on the move in these countries. The final section offers advocacy and policy alternatives based on practitioners’ perspectives. Conclusions are finally drawn.       

El Paso.The Hope Border Institute (HOPE), 2024.  28p.

The Texas Landscape: Accounting for Migrant Mortality and the Challenges of a Justice of the Peace Medicolegal System

By Courtney C. Siegert, Molly A. Kaplan, Nicholas P. Herrmann and M. Kate Spradley

This paper details the structural and resource challenges in Texas related to identifying migrant decedents, investigating their deaths, repatriating them, and adhering to legal and ethical requirements in addressing this humanitarian tragedy. While actors working on migrant decedent investigations in Arizona can map and provide accurate counts of migrant deaths, this is not yet possible for Texas cases. Texas’ mixed Medical Examiner/Justice of the Peace medicolegal system suffers from fragmentation across county jurisdictions, lack of resources, and minimal access to investigative tools for transnational families. These challenges produce a landscape where unidentified presumed migrants may structurally disappear (e.g., buried in temporarily marked graves as unidentified persons with no investigation or case tracking). The article highlights the work of Operation Identification (OpID), a humanitarian project formed to assist border counties with recovering, identifying, and repatriating migrant decedents. OpID’s extensive community outreach and collaboration with governmental and nongovernmental partners in the United States and Latin America have improved practices in some Texas counties. However, systemic change is still needed to address this humanitarian disaster. The article proposes that presumed migrant decedents be managed using a disaster victim identification (DVI) approach, which prioritizes identification, rather than how and why someone dies. It also proposes the establishment of regional Migrant Identification Centers (MICs) to streamline identification and repatriation efforts, while ensuring compliance with Texas law by Justices of the Peace (JPs). Centralization, the article argues, can lead to more accurate counts of migrant deaths and lay the groundwork for greater resources. The article also supports increased access to national databases including the National Combined DNA Indexing System (CODIS) and the National Missing and Unidentified Persons System (NamUs). It argues that transnational families of missing persons be afforded expanded access to investigative tools (e.g., NamUs)

Journal on Migration and Human SecurityVolume 12, Issue 3, September 2024, Pages 257-276

Forced Migration, Deterrence, and Solutions to the Non-Natural Disaster of Migrant Deaths Along the US-Mexico Border and Beyond

By Donald Kerwin and Daniel E. Martínez

The International Organization of Migration has characterized the US-Mexico border as the world’s deadliest land migration route. By August 2024, a minimum of 5,405 persons had died or gone missing along this border since 2014, with record high numbers since 2021. Migrant deaths occur despite decades of: US Border Patrol search and rescue initiatives; public education campaigns targeting potential migrants on the dangers of irregular migration; dozens of academic publications and reports highlighting the root causes of these deaths; efforts by consular officials, local communities, and humanitarian agencies to locate, identify, and repatriate human remains; and desperate attempts by families to learn the fate of their missing loved ones. This paper introduces a special edition of the Journal on Migration and Human Security (JMHS), which draws on original research and the expertise of medical examiners, forensic anthropologists, social scientists, and humanitarian organizations to examine this persistent human tragedy. Many of the authors investigate migrant deaths in their professional capacities. They identify the dead, return remains to family members, and champion reforms to prevent deaths and better account for the dead and missing. This JMHS special edition represents a collaboration between the University of Arizona’s Binational Migration Institute, the Center for Migration Studies of New York (CMSNY), and the Working Group on Mapping Migrant Deaths along the US Southwest Border. The Working Group includes scholars and practitioners from California, Arizona, New Mexico, Texas, and New York who have met monthly since October of 2021. The special edition examines in granular detail the causes of migrant deaths, US border enforcement strategies and tactics, migrant death statistics, and the resource and capacity challenges faced by US counties along and leading from the US-Mexico border in investigating these deaths. The US Department of Homeland Security (DHS) and many public officials attribute the deaths to the predations of human smugglers, the victims’ ignorance or assumption of risk, and the harsh “natural” conditions to which migrants finally succumb. This special issue also documents the underlying non-natural causes of this enduring tragedy, and offers both overarching and more targeted solutions to preventing and minimizing migrant deaths. The issue builds upon and extends seminal research on migrant deaths first featured in CMSNY publications more than two decades ago.Section I introduces the issue of migrant deaths by posing the question: Why should we care? Section II describes the genesis of “prevention through deterrence”—a border enforcement theory and strategy—and its evolution through subsequent Customs and Border Protection (CBP) and US Border Patrol strategic plans. It describes the immense enforcement infrastructure built around this idea by successive administrations and Congresses, and it explains why it has failed to stem irregular migration and how it has contributed to migrant deaths. Section III reviews the main causes of migrant deaths—forced migration, the combined effects of prevention through deterrence and border enforcement tactics, the denial of access to asylum, the border wall, the “naturalization” of migrant deaths, and the dominant vision of the border as a site of danger and exclusion. Section IV reviews the legislative standards for identifying, investigating, and reporting on migrant decedents. It also details the deficiencies of Border Patrol and county-level sources of data on deaths, and it outlines ways to strengthen data collection. Section V discusses the burdens placed on communities along and leading from the border in investigating deaths and their need for greater resources and capacity to address this problem. Section VI outlines the anomalies and challenges related to the Border Patrol’s migrant rescue program. Section VII describes international legal standards to guide the investigation of migrant deaths and two model programs. Section VIII sets forth policy recommendations to prevent migrant deaths and to honor and account for the dead.Journal on 

Journal on Migration and Human SecurityVolume 12, Issue 3, September 2024, Pages 127-159

With New Strategies At and Beyond the U.S. Border, Migrant Encounters Plunge

By Colleen Putzel-Kavanaugh and Ariel G. Ruiz Soto

For the just-ended 2024 fiscal year, the Biden administration turned the tide at the U.S.-Mexico border after two years of record levels of irregular crossings, by deepening its carrot-and-stick approach alongside increased immigration enforcement throughout the Western Hemisphere, especially from Mexico. For the full fiscal year that ended September 30, U.S. Customs and Border Protection (CBP) reported 2.1 million encounters at and between ports of entry along the Southwest border—a 14 percent decrease from the nearly 2.5 million encounters recorded in FY 2023. The month of September represented the lowest monthly encounters of migrants crossing the U.S.-Mexico border without authorization seen during this administration—with 54,000 encounters a steep drop from the all-time monthly high of 250,000 encounters recorded in December 2023. The September tally also represents the lowest level of irregular arrivals since September 2020, at the tail end of the Trump administration. An additional 199,000 encounters were recorded at the U.S.-Canada border during FY 2024, for a total at all borders of 2.3 million. The Biden playbook rests on narrowing asylum eligibility for migrants who cross the border illegally, expanding the use of lawful migration pathways, and encouraging Mexico, Panama, Costa Rica, and other regional partners to increase their migration controls and enforcement. Unauthorized crossings of the U.S. Southern border began to fall steadily in January as Mexico further stepped up its enforcement. Irregular crossings dropped even more sharply following the administration’s June implementation of the Secure the Border rule. This rule suspends asylum eligibility at the border when crossings reach a seven-day average of 2,500; the bar remains in place until encounters drop below 1,500 for 28 consecutive days. At the same time, options for lawful migration pathways—such as the Cuban, Haitian, Nicaraguan, and Venezuelan (CHNV) parole program; use of the CBP One app to schedule an appointment to be screened for entry at a port; and Safe Mobility Offices (SMOs) that allow migrants to be considered for protection or other pathways far earlier in their journeys—have led to more migrants arriving at ports of entry to be paroled into the country and as refugees.

Washington, DC: Migration Policy Institute, 2024.

Facts on Crime in Aurora High Migrant Areas

By Mitch Morrissey  and DJ Summers

Aurora, Colorado’s third-largest city, has made local and national headlines recently for criminal activity in apartment buildings allegedly related to members of a Venezuelan gang. City officials, media commentators, and the public have debated at length the reputed presence of the Venezuelan gang Tren de Aragua and the extent of the gang’s criminal activity across the Metro Denver area. Although crime in Aurora and Denver is still above its pre-pandemic baseline, neither has experienced city-wide elevated crime levels in the last 12 months. However, several areas throughout the cities with documented elevated migrant populations have seen dramatic upticks in crime in 2023 and 2024. Importantly, these trends are not uniform across all centers of migrant populations. The isolated crime that is being committed in the areas in question at apartments on Dallas Street, Nome Street, and 13th Avenue is borne by the surrounding areas, most of which are neighborhoods with lower socioeconomic status. There are economic costs associated with this rise in crime.

Key Findings:

Aurora’s violent crime is not rising as a whole. Violent crime in both Aurora and Denver has decreased since a 2022 peak, though in 2023 annual crime remained elevated from crime in 2019.

Identifying crime trends is difficult among noncitizens, as reporting is lower. Cities are estimated to have a 6% decrease in violent crime reporting and 1% decrease in property crime reporting for every 1% increase in noncitizen residents. The recent migrant surge has resulted in a 12% increase in the number of noncitizens in the Denver metro area.

Publicly available geolocated crime maps do not show a consistent trend of rising crime in the Denver or Aurora locations known to house high numbers of migrants. However, they do show a localized spike in police-reported crime at three Aurora complexes.

The apartments at 1218 Dallas Street in Aurora have seen crimes and citations more than double since 2022, from 31 to 80.

The apartments at 1568 Nome Street in Aurora have seen crimes and citations more than double since 2022, from 33 to 76.

The apartments at 15483 E 13th Avenue Aurora have seen crimes and citations nearly double since 2022, from 29 to 44.

Elevated crime has higher costs in economically disadvantaged neighborhoods. The major crimes in 2024 at just the Dallas Street apartments alone have led to $700,000 in tangible and intangible costs. These do not include crimes not reported to police.

Greenwood Village, CO:Common Sense Institute, 2024. 10p.