Edited by Sabine Bauer-Amin, Leonardo Schiocchet, Maria Six-Hohenbalken

Multiple refugee regimes govern the lives of forced migrants simultaneously but in an often conflicting way. As a mechanism of inclusion/exclusion, they tend to engender the violence they sought to dissipate. Protection and control channel agency through mechanisms of either tutelage and victimisation or criminalisation. This book contrasts multiple groups of refugees and refugee regimes, revealing the inherent coercive violence of refugee regimes, from displacement and expulsion, to stereotypification and exclusion in host countries, and academic knowledge essentialisation. This violence is international, national, society-based, internalised, and embodied - and it urgently needs due scholarly attention.

Bielefeld: transcript Verlag, 2022. 289p.

By Ray Jureidini and Said Fares Hassan

Migration and Islamic Ethics, Issues of Residence, Naturalization and Citizenship contains various cases of migration movements in the Muslim world from ethical and legal perspectives to argue that Muslim migration experiences can offer a new paradigm of how the religious and the moral can play a significant role in addressing forced migration and displacement Readership: All interested in migration movements including residence, naturalization, and citizenship; Islamic Ethics and Islamic legal debates on movements in and out of the Muslim world, including asylum seekers and refugees.

Leiden: Brill, 2019. 240p.

By Anna Ball

Forced Migration in the Feminist Imagination explores how feminist acts of imaginative expression, community-building, scholarship, and activism create new possibilities for women experiencing forced migration in the twenty-first century. Drawing on literature, film, and art from a range of transnational contexts including Europe, the Middle East, Central America, Australia, and the Caribbean, this volume reveals the hitherto unrecognised networks of feminist alliance being formulated across borders, while reflecting carefully on the complex politics of cross-cultural feminist solidarity. The book presents a variety of cultural case-studies that each reveal a different context in which the transcultural feminist imagination can be seen to operate – from the ‘maternal feminism’ of literary journalism confronting the European ‘refugee crisis’ to Iran’s female film directors building creative collaborations with displaced Afghan women; and from artists employing sonic creativities in order to listen to women in U.K. and Australian detention, to LGBTQ+ poets and video artists articulating new forms of queer feminist community against the backdrop of the hostile environment. This is an essential read for scholars in Women’s and Gender Studies, Feminist and Postcolonial Literary and Cultural Studies, and Comparative Literary Studies, as well as for those operating in the fields of Gender and Development Studies and Forced Migration Studies.

Abingdon, Oxon ; New York: Routledge, 2021. 223p.

Edited by Christina R. Clark-Kazak

Forced migration shaped the creation of Canada as a settler state and is a defining feature of our contemporary national and global contexts. Many people in Canada have direct or indirect experiences of refugee resettlement and protection, trafficking, and environmental displacement. Offering a comprehensive resource in the growing field of migration studies, Forced Migration in/to Canada is a critical primer from multiple disciplinary perspectives. Researchers, practitioners, and knowledge keepers draw on documentary evidence and analysis to foreground lived experiences of displacement and migration policies at the municipal, provincial, territorial, and federal levels. From the earliest instances of Indigenous displacement and settler colonialism, through Black enslavement, to statelessness, trafficking, and climate migration in today’s world, contributors show how migration, as a human phenomenon, is differentially shaped by intersecting identities and structures. Particularly novel are the specific insights into disability, race, class, social age, and gender identity.  

2024.

By  Jennifer Eno Louden

The project is comprised of two studies that together sought to compare criminal histories and victimization experiences for immigrants compared to U.S.-born citizens in the U.S.-Mexico border region. The study found that immigrants had less extensive criminal records than U.S.-born citizens and that undocumented immigrants were less likely to have past violent offenses or property offenses compared to U.S.-born citizens and documented immigrants. Study 1 involved analysis of secondary data, whereas Study 2 involved interviews with inmates in a jail. In Study 1, which examined booking data for more than 5,000 people booked into El Paso County jails, the researchers found that immigrants, especially those who came from Mexico, had less extensive criminal histories than U.S.-born citizens. In Study 2, the researchers examined criminal risk and immigration status for 273 individuals booked into El Paso County jails and found that undocumented immigrants were less likely to have past violent offenses or property offenses compared to U.S.-born citizens and documented immigrants. In addition, documented immigrants were more likely to have past DUI offenses than U.S.-born citizens or undocumented immigrants. Researchers found similar levels of past victimization across the citizens and immigrants, though the researchers note that there likely was under-reporting of these experiences.

By Jessica L. Decker Sparks 

Year-on-year, the number of migrant fishers crewing United Kingdom-flagged fishing vessels is seemingly increasing. Primarily from European states, the Philippines, and Ghana with fewer numbers of fishers from Indonesia, India, and Sri Lanka, there have long been concerns and reports of systemic pay and wage inequalities, pervasive labour abuses, and exploitative immigration schemes. In January 2020, the International Labour Organization’s (ILO) (2007) Work in Fishing Convention (C188) came into force in the United Kingdom (UK). In conjunction with the Modern Slavery Act, on paper, the UK has one of the most stringent fisheries labour regulation environments; yet the abuse of migrants continues. From June 2021 through October 2021, the University of Nottingham Rights Lab conducted an independent baseline study of working conditions across the UK fishing fleet (108 surveys and 16 interviews covering England, Scotland, Wales and Northern Ireland were collected). Several key findings confirmed the concerns long raised by other stakeholders. First, despite fishing crew being eligible for skilled-worker visas, there is no evidence of non-European (non-EEA) migrants working on these skilled-worker visas. Instead, non-EEA migrants continue to enter the UK through the use of transit visas which exploits a lack of legal clarity in UK immigration law. As a result, migrant fishers are required to work a “majority” of their time beyond the 12 nautical mile boundary (although this is not quantified or explained and is therefore open to interpretation, which makes enforcement difficult) and have no legal authority to “enter” the UK when returning to port following their 1st fishing trip and repeatedly thereafter during their 10- 12 month contract. As a result, they are forced to live on board the vessels, creating multiple employment dependencies that can be readily exploited by vessel owners. Additionally, vessel owners and recruitment agencies are issuing fishermen’s work agreements (FWAs) that are non-complaint with ILO C188. In practice this means migrant fishers are unduly treated as violators of UK immigration law even when other parties are responsible for the illegal nature of their migration, recruitment, and work. As a result, they are intimidated and prevented from seeking help, can be denied access to medical care and insurance if injured or compensation for the family if killed, and can be denied the right to repatriation if “caught.” Furthermore, 18% of migrant fishers reported being forced to work on a vessel not named in their contract. Because the transit visa scheme ties them to the one vessel named in their contract, when this situation occurs, migrant fishers are again in violation of immigration laws through no fault of their own 

Nottingham, UK: University of Nottingham Rights Lab, 2022. 51p. 

By Focus on Labour Exploitation (FLEX) 

In order to drive down labour costs, there has been an increasing reliance on non-European Economic Area (EEA) migrant fishers in the UK fishing industry. Lack of worker protections and oversight, poor conditions, and a significant power imbalance between worker and employer has meant that we are now seeing systemic exploitation of migrant fishers. This briefing explores how the current system facilitates this exploitation and sets out key recommendations on how to address this situation.

London: Focus on Labour Exploitation (FLEX), 2024. 4p.

By Stephen Bronars i Edgeworth Economics

To the surprise of many, the 13th Amendment to the U.S. Constitution includes an exception to the abolition of slavery and involuntary servitude for criminal punishment. This “punishment clause” allows hundreds of thousands of incarcerated people to be forced to work for little to no pay — a central characteristic of enslavement — today. This study documents the fiscal costs and benefits of ending slavery and involuntary servitude in prisons and mandating fair wages for incarcerated workers. As this study shows, doing so will benefit not only incarcerated workers, but also their families, victims, and ultimately, society at large. Today, roughly 800,000 incarcerated people are forced to work for little — generally less than one dollar per hour — to no pay in federal and state prisons. About 80% are employed in facility maintenance and operations, with most of the remainder, or about 17%, employed in governmentrun businesses and public projects, and just 3% in private sector jobs. Given the low wages, these jobs are often designed to keep people busy rather than convey marketable employment skills. Yet, under the current system it is possible for incarcerated people who refuse to work to be denied family calls and visits, put in solitary confinement, and denied parole.This study assumes that after abolishing slavery and involuntary servitude, legislators will pass additional laws establishing the labor rights of incarceration, namely wage laws. Ending slavery and involuntary servitude and paying incarcerated workers fair wages is expected to change the job composition to reflect 60% of jobs in facility operations and maintenance at minimum wage, 20% in government-run businesses and public projects at prevailing wages, and 20% in the private sector also at prevailing wages. This study anticipates that the marginal fiscal costs to governments and taxpayers of this policy change, factoring in wages and other payroll costs, is between $8.5 billion to $14.5 billion per year.These new costs would be money very well invested, as the fiscal and social benefits of ending slavery and involuntary servitude and paying incarcerated workers a fair wage will far outstrip them. These new benefits from paying incarcerated workers will take time to develop fully. This study anticipates that once the adjustments to paying incarcerated workers are achieved the total fiscal benefits to incarcerated workers, their families and children, crime victims, and society at large is between $26.8 billion and $34.7 billion per year, or a net benefit of $18.3 billion and $20.3 billion per year, implying benefit cost ratios between 2.40 and 3.16.More specifically, this study projects the following benefits:• Impact on Incarcerated Workers: Incarcerated workers will directly benefit from between $11.6 billion and $18.8 billion in annual income, compared to the estimated $847 million they earn today. They will be able to meet their own basic food, hygiene, and communication needs. The valuable work experience they receive will also translate into a present value of $11.3 billion to $11.7 billion per year in additional earnings based on increased employment and earnings expectations after release.• Impact on Families and Children: Families and children will save the money they spend supporting their incarcerated loved ones, as well as receive additional financial support, through child support payments and other income, to the tune of $4.5 billion to $5.8 billion per year.• Impact on Crime Victims: The most significant impact on victims of crime will be incarcerated workers’ increased ability to pay restitution, estimated here to be $89 million per year for robberies.• Impact on Governments and Taxpayers: The federal and state governments and taxpayers will receive tax payments between $1.5 billion and $3.2 billion per year and between $308 million and $431 million per year in payments to the welfare system through child support payments from incarcerated workers. They will also receive $2.1 billion per year in additional tax payments after their release based on increased employment and earnings expectations. Finally, they are estimated to benefit from a 5% reduction in the recidivism and reincarceration rates of incarcerated workers, which will save $1.3 billion in annual incarceration costs in just the short run and $3.7 billion in annual crime costs for the U.S. economy.This study also measures the lifetime benefits, in present value, from the first ten years after ending slavery and involuntary servitude in prisons and paying incarcerated workers a fair wage, and finds that the net fiscal benefits to incarcerated workers, their families and children, crime victims, and society at large is between $171.3 billion and $189.6 billion over the first ten years after this policy is implemented.This study projects that while society overall will benefit from abolishing slavery and involuntary servitude in prison, and from paying fair wages for prison labor, those gains will fall disproportionately to groups and communities that have been most impacted by mass incarceration, specifically Black and Brown people, low-income people, and women.Finally, while this study focuses on the quantifiable fiscal benefits of prohibiting slavery and involuntary servitude as criminal punishment and paying incarcerated workers fair wages, it is important to note that there are many other benefits that are difficult to quantify or for which there is little economic data but are as important as the specific ones outlined above — many which could broadly change society. Some of these benefits omitted from the fiscal analysis in this study include:• The increased physical and mental health of incarcerated people, and associated costs, from a recognition of their humanity and dignity with the granting of the basic human right to be protected from slavery and the ability to meet one’s own basic needs.• The increased physical and mental health of incarcerated people and corrections officers, and associated costs, from the reduced reliance on informal “hustles” and increased connection with 4 | Edgeworth Economics loved ones that together lower related violence and victimization in prisons.The financial relief for families and children of communication costs beyond just phone calls, namely video calls and electronic messages.• The increased economic mobility, and related physical and mental health, of incarcerated workers and their families and children stemming from increases in earnings during and after release that can have generational impacts.• The increased payment of fines and fees to governments.• The increased payment of local taxes during and after incarceration. • The reduced financial burden of formerly incarcerated workers on government welfare programs in retirement.

Washington, DC: Pasadena, CA: Edgeworth Economics, 2024. 71p.

By Sarah A. Jolie, Ogechi Cynthia Onyeka, Stephanie Torres, Cara DiClemente, Maryse Richards, and Catherine DeCarlo Santiago 

Latinx immigrant families are greatly impacted by US policies and practices that limit immigrant families’ and children’s rights. This article reviews the effects of such policies and the growing literature examining migration experiences. Latinx immigrant youth and parents may encounter multiple stressors across the stages of migration, including physical and structural violence, fear, poverty, and discrimination, which contribute to higher rates of mental health problems in this population. Despite significant trauma exposure, immigrants demonstrate incredible resilience within themselves, their families, and their communities and through movements and policies aimed at protecting their rights. Numerous culturally relevant universal, targeted, and intensive interventions were developed to magnify these protective factors to promote healing, advance immigration reform, and provide trauma-informed training and psychoeducation. Psychologists play a crucial role in implementing, evaluating, and advocating for accessible and collaborative approaches to care so that Latinx immigrant families have the resources to combat the harmful sequelae of immigration stress. 

Annu. Rev. Clin. Psychol. 2021. 17:127–51 

By Rachel M. Perera

Using newly available data on all civil rights complaints submitted to the U.S. Department of Education’s Office for Civil Rights related to racial discrimination in discipline between 1999 and 2018, I provide the first systematic evidence on how modern federal civil rights enforcement is used to address racial discrimination in discipline. I find that less than 50 percent of complaints received each year result in a federal investigation. I also find that 70 to 80 percent of investigations are closed due to insufficient evidence of a civil rights violation. Results also suggest that districts with higher shares of minoritized students, higher levels of segregation, and districts with larger racial educational gaps are more likely to receive a civil rights complaint after controlling for other district factors.

Annenberg Institute at Brown University: EdWorkingPaper No. 21-413 

By Robin E. Klabbers, Andrea Hughes, Meredith Dank, Kelli N. O’Laughlin, Mutaawe Rogers & Hanni Stoklosa 

Human trafficking is a global public health issue that is associated with serious short- and long-term morbidity. To address and prevent human trafficking, vulnerabilities to human trafficking and forces sustaining it need to be better understood among specific subpopulations. We aimed to explore risk and protective factors for human trafficking, the health impact of exploitation, and barriers and facilitators of seeking help throughout the human trafficking trajectory among forced labor and sex trafficking victims in Kampala, Uganda.

Methods

Between March and November 2020, in-depth, semi-structured qualitative interviews were conducted with 108 victims of forced labor and sex trafficking who had completed a human trafficking survey conducted by the Uganda Youth Development Link (UYDEL). Participants who experienced various forms of exploitation were purposively invited for qualitative interviews and a convenience sample was interviewed. Interviews explored personal history, trafficking recruitment, experiences of exploitation and abuse, and experiences seeking help. Interviews were analyzed using a combination of deductive and inductive thematic analysis. Themes and subthemes were organized using an adapted conceptual framework of human trafficking.

Results

Poverty and an abusive home life, frequently triggered by the death of a caretaker, underpinned vulnerability to human trafficking recruitment. Limited education, lack of social support, and survival needs pushed victims into exploitative situations. Victims of human trafficking were systematically exploited and exposed to dangerous working conditions. Victims suffered from sexually transmitted diseases, incontinence, traumatic fistulae, musculoskeletal injuries, and mental health symptoms. Lack of awareness of resources, fear of negative consequences, restrictions on movement, and dependence on the trafficker and exploitation income prevented victims from seeking help. The police and healthcare workers were the few professionals that they interacted with, but these interactions were oftentimes negative experiences.

Conclusions

To address and prevent human trafficking, localized interventions are needed at all stages of the human trafficking trajectory. Health impacts of human trafficking are severe. As some of the few professionals trafficking victims interact with, police and healthcare workers are important targets for anti-trafficking training. Improved understanding of human trafficking drivers and barriers and facilitators to seeking help can inform the design of necessary interventions.

  Global Health Research and Policy (2023) 8:52 https://doi.org/10.1186/s41256-023-00332-z

By Derek M. Moore 

Human trafficking thrives in the shadows, and the rise of social media has provided traffickers with a powerful and unregulated tool. This paper delves into how these criminals exploit online platforms to target and manipulate vulnerable populations. A thematic analysis of existing research explores the tactics used by traffickers on social media, revealing how algorithms can be manipulated to facilitate exploitation. Furthermore, the paper examines the limitations of current regulations in tackling this online threat. The research underscores the urgent need for collaboration between governments and researchers to combat algorithmic exploitation. By harnessing data analysis and machine learning, proactive strategies can be developed to disrupt trafficking networks and protect those most at risk  

In. Laws 13: 31.

By Ada Volodko, Ella Cockbain & Bennett Kleinberg 

Despite considerable concern about how human trafficking offenders may use the Internet to recruit their victims, arrange logistics or advertise services, the Internet-trafficking nexus remains unclear. This study explored the prevalence and correlates of a set of commonly-used indicators of labour trafficking in online job advertisements. Taking a case study approach, we focused on a major Lithuanian website aimed at people seeking work abroad. We examined a snapshot of job advertisements (n = 430), assessing both their general characteristics (e.g. industry, destination country) and the presence of trafficking indicators. The vast majority (98.4%) contained at least one indicator, suggesting certain "indicators" may in fact be commonplace characteristics of this labour market. Inferential statistical tests revealed significant but weak relationships between the advertisements’ characteristics and the number and nature of indicators present. While there may be value in screening job advertisements to identify potential labour trafficking and exploitation, additional information is needed to ascertain actual labour trafficking. We conclude with an outlook on automated approaches to identifying cases of possible trafficking and a discussion of the benefits and ethical concerns of a data science-driven approach.

Trends in Organized Crime, v. 23, 2020.

By Melanie Gower

‘Safe and legal routes’ are authorised immigration arrangements which enable a person to move to another country for humanitarian reasons. ‘Safe and regular’, ‘safe and regulated’ and ‘safe and lawful’ are common alternative terms. The UK immigration system includes several different safe and legal entry pathways. They can be grouped into four broad categories: Refugee resettlement schemes: The UK Resettlement Scheme, Community Sponsorship and the Mandate Scheme are available to people recognised as refugees by the United Nations High Commissioner for Refugees.Refugee family reunion visas: Available to close relatives of people recognised as refugees.Nationality-specific routes: Available to some Afghans, Ukrainians and people from Hong Kong.Labour mobility pathways: The Displaced Talent Mobility Pilot and Healthcare Displaced Talent Program are small-scale initiatives helping refugees overseas obtain UK work visas. Each route has distinct eligibility criteria and conditions. Not all routes grant beneficiaries refugee status. This means that only some people on the UK’s safe and legal entry pathways receive all the protections laid out in the 1951 Refugee Convention. Most schemes are free of charge, but a few require applicants to pay fees. Calls for more safe and legal routes to the UK. Expanding safe and legal routes is often suggested as a policy response to small boat crossings and other forms of unauthorised migration to the UK. Commentators have noted, for example, that very few Ukrainians have made small boat crossings or been detected trying to enter the UK without authorisation since the launch of special visa schemes for Ukrainians. However, some experts have cast doubt on how much increasing the availability of legal routes would reduce demand for people smugglers and levels of unauthorised migration, given the number of people who might want to apply. The Labour government isn’t considering increasing safe and legal routes to the UK. ntroducing an annual limit on humanitarian routes: In 2023, the government legislated to introduce a ‘cap’ (an annual limit) on the number of people to be admitted to the UK through certain safe and legal routes. The size of the cap would reflect local councils’ assessed capacity to support new arrivals. It was expected to take effect from 2025, but the implementing regulations haven’t been made yet. When in opposition, Labour supported the principle of a cap. The Liberal Democrats and SNP both wanted an annual target rather than a cap.

London: UK Parliament House of Commons Library,   2024. 25p,

By Josiah Heyman

US political discourse characterizes the US-Mexico border as a site of threat and, of necessity, exclusion. This frame ignores the importance of borders to economies, families, and culture in our increasingly interconnected world. Moreover, it leads to policies that place people at risk of victimization and death. In conceiving of the border solely in terms of exclusion, nations forego the opportunity to strengthen relationships across borders. This paper argues that the politics of humane migration require a vision of borders as sites of encounter, engagement, and relationship, rather than solely exclusion. This reconceptualization of the US-Mexico border, in particular, would strengthen relationships across borders, and prioritize cooperation between Latin America/the Caribbean and the United States, starting with regulated legal flows. It would also respond to the shared contexts of migration, including contraband in arms and drugs, criminal violence, and climate change. It articulates an alternative vision of borders as a “commons” in which mutual needs can be addressed (a commons is an issue or resource in which every one has access and involvement). Migration itself provides a perfect example of such a need. It takes place in a political climate partially but powerfully shaped by racism and classism. Thus, it has become a polarized “issue” that appears insolvable. In fact, it may not be a problem at all. Rather, in our current demographic-economic situation, as well as for our cultural well-being, migration should be treated as an asset. Insofar as it needs to be addressed, this paper delineates many possibilities. The options are not perfect and magical — the challenges are hard and diverse — but they an advance a vision of a shared cross-border space on migration. That might be a crucial move, not only for migration, but along a path that recognizes relationships and commitments of many kinds across the hemisphere and world. Recognition is not enough; real change in resources and power needs to follow. But a vision of connection rather than exclusion provides the political starting point needed for change to happen. In every political instance in which borders are used to frame migration in terms of who, how, and how much to exclude, connectedness loses ground. A politics of humane migration can only emerge if rooted in a positive vision of borders as sites of engagement and encounter.

Journal on Migration and Human SecurityVolume 12, Issue 3, September 2024, Pages 321-331

By Cate E. Bird and Austin Shangraw

This article highlights the importance of accounting for the dead in migration contexts, from international humanitarian law (IHL), international human rights law (IHRL), and forensic perspectives. Starting by reviewing obligations under IHL and IHRL for the processes of accounting, the article discusses forensic action and the role that accounting can play to protect the dead and clarify the fate and whereabouts of the missing for their families. Considering the complexity of missing and deceased migrant cases, this problem must be approached from several complementary angles, including States codifying international legal obligations related to accounting for the dead in domestic legal or policy frameworks; developing national mechanisms to collect, centralize, and report disaggregated information on migrant deaths; addressing migrant deaths from a public health perspective; pursuing identification efforts including participating in transnational coordination mechanisms; developing strong partnerships with civil society actors; and coupling accounting initiatives with policies that promote the search for missing migrants.

Journal on Migration and Human SecurityVolume 12, Issue 3, September 2024, Pages 310-320

By Gabriella Soto

This article explores how undocumented border crosser (UBC) deaths are counted as well as mis- and under-counted across the US southwest, and proposes a suite of policy remediations to standardize this process. An accurate count of UBC recovered remains is vital to understanding the scope of fatalities associated with border crossing, providing evidence accounting for the reciprocal relationship between US border enforcement and the incidence of migration-related death. To meaningfully intervene, it is insufficient to advocate only for more robust individual death investigations, though this is pivotal to forensically identify UBC decedents and unite them with their loved ones. Though identification and reunification of UBCs are the elements of forensic care most commonly attributed as humanitarian, the relationship between forensic investigation and international humanitarian principles is equally about accumulating primary evidence for policy intervention and justice claims on behalf of those who wrongfully die. Even if existing counting mechanisms do not provide the means for establishing this attribution between border-crossing deaths and border enforcement policy, this article lays out an argument for why they must do so and it makes recommendations for how this can take place. Necessarily, this article begins with a critique of existing mechanisms for counting UBC deaths, from the federal observation of such deaths by Customs and Border Protection, to the bureaucratic mechanisms for the collection of vital statistics authored at the local level. It then suggests means for improving accurate counting using the US Standard Certificate of Death. It particularly explores two aspects of the certificate, Manner of Death reporting and a section that asks death filers to describe how the death occurred, sections 37 and 43 respectively. Finally, it explores historical precedent for altering the standard death form at local and then national levels, positing that select amendments to the existing death certificate would be useful for standardizing how medicolegal death filers across the border and beyond can more accurately enumerate and characterize UBC deaths.

Policy recommendations include the following, in order of immediacy:

• Jurisdictions across the US southwest must adopt standardized criteria for counting fatalities believed to be associated with undocumented border crossing.

• Despite some local formalization of UBC counting, current means of representing UBC status in vital records remains ad hoc across the US southwest and existing mechanisms for counting elude wider scale national recognition in vital statistics. The most straightforward and reliable method of standardization to ensure systematic representation of UBC deaths across the borderlands would be a UBC checkbox on the death certificate. This would require cooperation with state-level public health departments and legislatures. Precedent exists for changing the death form at the state level, facilitating, in some cases, for eventual inclusion of new components of the death certificate to be adopted on the US Standard Certificate of Death. This is recommended as a longer-term goal.

• Finally, there must be a means to characterize the deadly relationship between UBC fatalities and US border enforcement policy and practice in vital records where UBC Manners of Death are most often characterized as “Natural” or “Accidental.” Both are inaccurate. Unilaterally ensuring an accurate count leaves room for a trend already well underway in which agencies associated with border enforcement have cast UBC deaths as simply due to unfortunate heat-related accidents, resulting in legislation aimed to mitigate deaths that fails to address the role of border policy in causing deaths. This paper recommends that a new Manner of Death category could be useful beyond the border to represent non-capital crimes enforced by leveraging bodily harm.

Journal on Migration and Human SecurityVolume 12, Issue 3, September 2024, Pages 290-309

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 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

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