Finding a Common Ground Between Border Security and Respect For Human Rights
Alexander Donlon, ‘22 International Affairs, Madison Center Democracy Fellow
On March 27th 2023, a massive fire at a migrant detention center at Ciudad Juarez in Mexico killed 40 people while seriously injuring 27 others. The fire, which claimed victims from several central and south American countries, and a large majority from the ‘Northern Triangle’ (Honduras, Guatemala, and El Salvador), has sparked controversy on both sides of the border, with high level persecutions of officials in Mexico due to suspected negligence on the part of border authorities, and increasing dialogue over the efficacy of U.S Policy. While information that we know now suggests that the fire was started intentionally by migrants, and occurred outside of United States territory, the terrible tragedy illustrates long standing issues in United States border policy. The tragedy ultimately highlights the effects of harmful new policies, and decades of indifference on the lives of migrants seeking entrance into the United States. While effective border security will always remain important to the United States, policy must be measured so that it balances respect for human rights with national security priorities.
While it may at first seem hard to connect a Mexican state issue to overarching American border policy, the presence of the 67 killed and injured migrants in a Ciudad Juarez border detention center in the first place has origins in recent U.S border policies aimed at keeping migrants out of the United States. Enacted in 2019 during the brunt of the Covid-19 Pandemic, immigration policy Title 42 has allowed U.S border security forces to turn potential asylum seekers away at the border on the premise of public health concerns. This policy has caused a build up of migrants in northern Mexico, as they await the end of this policy in May 2023. The right to asylum is enshrined in U.N international human rights laws, and is recognized by the United States, despite current policy. Asylum is especially pertinent for embattled communities in central America and Mexico, as gang violence and political instability continues to make the region one of the most dangerous regions for civilians in the entire world. The United States’ “Remain In Mexico” policy also plays a role in the build up of immigrants in northern Mexico, as Mexican and U.S officials have continued to work together to keep migrants south of the border. While the Biden administration’s Department of Homeland Security has sought to repeal the ‘Remain in Mexico Policy”, it currently faces a legal battle in which federal and state judges have questioned the executive’s ability to remove the policy. Mexico to its part has denied the re-implementation of the rule since it was removed in August 2022. The existence of these tough border policies have created a squeeze on the Mexican side of the border. This year, detentions in Mexico have increased by 43%, while less migrants are coming into the United States. In Tijuana for example, there are an estimated 15,000 migrants currently, in a city with only 30 shelters and a maximum capacity somewhere around 5,600. To go along with this, President Joe Biden has recently mirrored Trump’s strategies, by trying to pass a law that would deny the right to asylum from migrants who pass through a third country without first applying for asylum there, effectively filtering out non-Mexican migrants, disproportionately affecting the destabilized northern triangle.
While the aforementioned violation of asylum rights by the United States is significant, human rights violations inside of detention centers should also be noticed. One of the reasons why so many people died in the detention center in Ciudad Juarez was because of negligence inside the center. It was revealed after the fire that the person with the keys to let migrants out of the room that eventually caught fire was not even there. This along with overcrowding conditions made escape less likely. While this happened in Mexico, evidence points to similar issues in detention centers in the United States. Poor physical and mental healthcare in immigrant detention centers is also pervasive. Furthermore, Incidents of lacking food and water often exacerbate tough situations where overcrowding has also played a role in the propagation of diseases. Mental health issues, as illustrated by the graph on the right, are much higher than U.S general numbers. Immigrants not only face a tough situation in the legal asylum seeking process, but an inhumane living condition as well.
While President Biden’s newer policies emphasize reconnecting families, legal pathways to entry, and repeal of title 42 at least on paper, U.S border security policy remains outdated and poorly functioning. In fact, congress has not passed a bill on immigration since 1996, and this void has been traditionally filled by the executive branch, which is why we have seen so much action between Trump and Biden to manipulate immigration. It’s not just the American Congress that can’t agree on immigration though, it’s the American people as well, as immigration often brings up a fundamental debate over whether the United States is a nation of laws, or a nation of immigrants that continues to see more and more polarization.
On one side of the aisle, immigration represents one of the underlying fabrics of American origin, and a benefit to society because of unique skills and perspectives. It follows that refugees’ rights should be protected as they seek to improve their livelihood and escape tough situations. On the other hand, free access over the American border can pose a security risk if proper checks are not followed, as many believe immigrants coming from unstable situations may bring aspects of their situation with them. One salient problem in American national security is the trafficking of the extremely potent and deadly drug, Fentanyl, across American borders which greatly contributed to a synthetic opioid death toll of more than 70,000 people in 2021 alone. Fentanyl is trafficked primarily by the Sinaloa and Jalisco cartels in Mexico, even if precursor chemicals come largely from Asia, making border security along the southern border a valid national security concern.
There are some real and many perceived reasons for the maintenance of a strong border security policy, however even when portraying immigration at its absolute most dangerous, a policy that balances human rights and liberty with security must be pursued. The United States has long stood on its commitment to human rights and international liberty, however current border policy stands in juxtaposition, even if there are security concerns. Immigration will forever be a part of the United State’s national identity, and that will not end anytime soon. In fact, even with strict policies outlined above the number of immigrants coming into the United States keeps increasing. The ‘issue’ will not change, therefore policy must adapt. The United States does not have to decide whether or not it is a nation of immigrants or a nation of laws, because it is possible that it can be both at the same time. A common ground coalesced around an emphasis of the protection of the liberty and human rights of American citizens and migrants alike is long overdue.
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