By Stephanie Leutert

For the past 25 years, the Border Patrol has tracked migrant deaths along the US-Mexico border. For nearly the same amount of time, it has also faced criticisms that it failed to capture the true number of migrant deaths in its tally. This article focuses on these undercounting criticisms and asks two questions: (1) How many documented migrant death cases are left out of Border Patrol’s official data? And (2) what factors lead to the Border Patrol’s migrant death undercounting? In particular, the article focuses on three South Texas counties: Brooks County, Kenedy County, and Maverick County. To answer the research questions, this article relies on comparative data analysis. In particular, it compares two person-level datasets: the Border Patrol’s dataset on migrant deaths from 2009 to 2017 and county-level records from the Brooks County Sheriff’s Office, the Kenedy County Sheriff’s Office, and Maverick County Justices of the Peace over the same period. It then attempts to match each county-level record to a recorded death in the Border Patrol’s dataset. Using this process, the article quantifies migrant death undercounting in South Texas, highlights geographic and temporal trends, and tracks the uncounted cases’ specific characteristics. From 2009 to 2017, this comparative data analysis confirmed that the Border Patrol was undercounting migrant deaths across the three South Texas counties. Specifically, the article finds that the Border Patrol failed to include 139 cases, which totaled 19 percent of the counties’ 749 recorded migrant deaths during the study period. This undercounting ranged from 16 percent in Brooks County to 24 percent in Maverick County and 29 percent in Kenedy County, with fluctuating rates over time. The uncounted cases also had specific characteristics. In particular, they were more likely to be skeletal remains, lack an identification, and be discovered by an external entity. These characteristics highlight the various factors behind the Border Patrol’s undercounting, such as issues with the Border Patrol’s migrant death definition, inconsistent data collection from external entities, and the agency’s low prioritization of migrant death tracking. To address and remedy the Border Patrol’s migrant death undercounting requires tackling each underlying factor. First and foremost, this article recommends that the Border Patrol fully train its agents on the agency’s migrant death definition and ensure consistent and standardized outreach to external entities. Further, it recommends that the Border Patrol improve its migrant death count’s accuracy through additional operational changes. These proposed changes include making “accurate migrant death counts” an official objective for the Border Patrol’s Missing Migrant Program, prioritizing a two-way information-sharing process with county-level officials, retroactively including missed migrant deaths in the official count, and publishing more detailed person-level data on migrant deaths.

Journal on Migration and Human SecurityVolume 12, Issue 3, September 2024, Pages 277-289

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

By Molly Miranker

This paper explores how qualitative information may be used to enhance understanding and inform recommendations for improved accounting of migrant deaths along the Texas-Mexico border. While border crossing related deaths affect jurisdictions throughout the US’s Southwestern border states and Northern Mexican states, Texas has unique challenges that merit specific examination. In short, the management and investigation of unidentified migrant decedents in Texas is severely fragmented and often noncompliant with Texas Criminal Code Procedure. I explore a way to improve accounting of migrant deaths leveraging qualitative information, local newspaper articles from South Texas and Northern Mexico, by using descriptive summaries coupled with Sankey Diagrams and a programmatic technique, qualitative spatial representation (QSR). QSR enabled me to identify under-recognized stakeholders (South Texas locals, Mexican consulates) and under-supported counties (i.e., those with migrant deaths that do not share a border directly with Mexico). I found that local English-language newspapers obscured the prevalence of migrant deaths and that their narrative tone of “business as usual” normalized the occurrence of such deaths. The Spanish-language articles better represented the diversity of agencies and individuals that were involved in the various aspects of migrant remains management and forensic investigation, most notably residents of South Texas themselves (or situational participants who first found the remains) and Mexican consulates. Finally, I noted that the collaborations among Texas counties and between Texan and Mexican jurisdictions, when they were described in the newspapers, highlighted that the phenomenon of migrant deaths penetrates beyond the dividing line of the Rio Grande/Río Bravo River. Migrant deaths must be accounted for in a way that reflects a regional experience in which people may perish as far as ~100 miles into Texas’ interior. Considering these observations, I have two policy recommendations. First, the Office of the Texas Governor should establish funds distinct from the Operation Lone Star program for the management of unidentified human remains. Currently, grants through the Operation Lone Star Program are the only funds available in Texas to support identification of migrant decedents. However, this program is explicitly designed to further border security operations in the state of Texas, which can contradict efforts around recovery and identification. The documentation and forensic investigation of the unidentified deceased can be eclipsed or neglected under the larger deterrence aims of Operation Lone Star. Second, to improve accounting and increase documentation of migrant deaths, a Regional Identification Center should be established in South Texas. Not every county in Texas has or has access to a Medical Examiner’s office, including the means to transport and pay for autopsy or other forensic services. The Center would provide training, store extra equipment such as mobile refrigerated morgues, and hire personnel to inventory cases, and report information to the state (e.g., vital statistics) and to foreign consulates. A Regional Identification Center would counteract the challenges highlighted in the local newspaper summaries and QSR by decreasing the isolation of counties experiencing migrant deaths and serve as a documentary and communication hub for stakeholders in Texas and Mexico.

Journal on Migration and Human SecurityVolume 12, Issue 3, September 2024, Pages 204-225