BORDER ENFORCEMENT AND IMMIGRANT DEATHS
In an attempt to reduce undocumented migration along the U.S.-Mexico border, in the
mid-1990's, the Border Patrol began increasing its forces and implemented a new
enforcement strategy that established blockades at traditionally heavy crossing points
along the border. The strategy has shifted migrant traffic to more remote and
dangerous areas, where the number of border crossing deaths has increased. 1
Currently, under the principle of "prevention through deterrence", more than 9,500
border patrol agents operate along traditional crossing paths used by undocumented
migrants attempting to cross the U.S.-Mexico Border. By increasing the number of
agents along these routes, the Border Patrol hoped to raise the risk of apprehension to
the point that it became so difficult and so costly to enter the United States illegally that
fewer individuals would make such attempts.
The Border Patrol's strategy was premised on the faulty belief that increased
enforcement would lead potential crossers to abandon their attempts to enter illegally,
or alternatively, would drive migrants into more remote areas where they could be
more easily apprehended. The increased Border Patrol presence has shifted
undocumented crossings from urban, traditionally safer routes, to more remote,
treacherous areas. As a result, the number of crossing deaths has increased. A study
conducted by researchers at the University of Houston documents more than 1,600
possible migrant deaths along the U.S./Mexican border between 1993 and 1997. During
FY 1998 (the first year that government began to systematically collect migrant
crossing deaths) the U.S. Border Patrol recorded 261 deaths on the southwest border.
In FY 2002, the U.S. Border Patrol recorded 320 migrant deaths. These statistics do not
cover deaths in Mexico.
The current enforcement strategy fails to recognize the many powerful reasons that
drive migrants to the United States. Migrants come to the United States to escape
poverty and to search for work that will allow them to provide for their families. Some
come to escape political persecution or violence in their home country. Others come to
join family legally residing in the United States because our nation's strict immigration
laws do not provide them with a mechanism for reuniting with them through legal
channels in a timely manner. The U.S. economy is heavily reliant on immigrant workers,
including an estimated 5.3 million undocumented workers. 2 It is difficult to argue that
increased enforcement could prevent migration fueled by such strong factors.
Solutions
The current border blockade strategy has proven flawed and should be revisited.
However, a broader discussion that includes modifications to our nation's immigration
laws and policies must accompany changes in enforcement. This dialogue should
include the enactment of an earned legalization program, a carefully crafted program
that would address the present and future needs of the U.S. economy. 3 An earned
legalization program should accord lawful permanent resident status to undocumented
workers already residing and paying taxes in the United States. The program should
provide work visas, legal protections, and ultimately lawful permanent residence to
future flows of low-skilled immigrant workers. Sufficient immigrant visa numbers
should be made available under the law to clear the immigrant visa backlog currently
faced by approved beneficiaries of family-based immigrant petitions. In addition, the
repeal of the anti-family provisions of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (IRRIRA) should also accompany a legalization program.
Legalization and regularized migrant labor flows would significantly reduce the number
of migrants who risk their lives while attempting to cross into the United States in order
to work. Repeal of our nation's anti-family immigration laws would prevent border
crossers from taking perilous risks to reunite with U.S. citizens and lawful permanent
residents already residing in the United States. 4
In the aftermath of September 11th, many policymakers have called for increased
enforcement along our nation's borders. The Catholic Church recognizes that
heightened national security concerns present great challenges to our nation's
treatment of newcomers, but it objects to the human costs of our current enforcement
strategy. Catholic tradition recognizes the right and responsibility of a sovereign state
to secure its national borders and to manage immigration in furtherance of the "common
good", but it also recognizes that such rights do not take precedence over human
dignity. 5
As Bishop Nicholas DiMarzio of the U.S. Conference of Catholic Bishops has stated,
"Our elected officials must steer away from a one-dimensional approach toward our
border and examine all aspects of national immigration policy, including the legal
immigration system, asylum and due process protection laws, and the current
treatment of undocumented migrants who enter our country. Ultimately, the nation must
thoroughly examine the root causes of undocumented migration and seek long-term
solutions, especially in developing the economies of our southern neighbors." 6
By intentionally channeling border crossers into dangerous terrain and remote areas,
our current enforcement policy devalues human life and reflects poorly on our nation's
commitment to human rights. The needless loss of life that has accompanied the
enhanced enforcement strategy cries out for changes in Border Patrol policy, as well
as a comprehensive review of U.S. policies and laws that drive border crossers to
take life-threatening risks to enter the United States. Anything less diminishes our
standing as a nation that has long been recognized as a leader in the field of human
rights and compromises human dignity.
footnotes
1. 146 migrant border crossers perished in Arizona in FY 2003, a record high for the
state. See "S. Carroll, Migrant Death Toll Sets a Grim Record," Arizona Republic
(September 5, 2003). Moreover, the Border strategy has not reduced unauthorized
migration. According to government figures, the number of unauthorized immigrants
residing in the United States increased from 5 million in October 1996 to 7 million in
2000. See "Estimates of Unauthorized Immigrant Population Residing in the United
States: 1990-2000," published by the Office of Policy and Planning of the U.S.
Immigration and Naturalization Service in January 2003, available at
http://uscis.gov/graphics/shared/aboutus/statistics/Ill_Report_1211.pdf. Other
researchers have estimated that in 2000 there were 8.5 million undocumented
immigrants residing in the United States and that the number continues to grow by
500,000 per year. See Testimony before the Subcommittee on Immigration and Claims
Hearing on "The U.S. Population and Immigration" Committee on the Judiciary U.S.
House of Representatives, by Michael E. Fix, Jeffrey S. Passel, August 02, 2001.
2. Pew Hispanic Center, How Many Undocumented: The Numbers behind the
U.S.-Mexico Migration Talks, March 21, 2002.
3. For more information on the Catholic Church's interest in a legalization program, see
Ewing, "Immigration Policy for the 21st Century: The Case for Legalization of
Undocumented Immigrants."
4. For more information see CLINIC "Chaos on the U.S.-Mexico Border," November 2001.
5. See Strangers No Longer: Together on the Journey of Hope, United States
Conference of Catholic Bishops (USCCB) and Conferencia del Episcopado Mexicano,
January 22, 2003.
6. Statement of Bishop Nicholas Dimarzio former-Chairman, USCCB Committee on
Migration, on U.S. Border Policy and Migrant Deaths, May 20, 2001.
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