What Will It Take to Eliminate the Immigration Court Backlog? Assessing “Judge Team” Hiring Needs Based on Changed Conditions and the Need for Broader Reform

Executive Summary 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.

Borders: Exclude or Relate?

Heyman

2024

Migrant Deaths in New Mexico: What is Known; What is Unknown

Hernandez,

Edgar

2024

Executive Summary The United States is no stranger to migration across its borders. In 2020, its Southwestern border saw a drastic increase in apprehensions by the Border Patrol. While imperfect and an undercount of the true number of migration events, apprehension data is often used as a proxy to understand migration patterns. The rise in migration was coupled with an increased but unknown number of deaths along migration routes. This article focuses on the New Mexico portion of the El Paso Border Patrol Sector and the increased migrant caseload at New Mexico’s Office of the Medical Investigator (OMI) over the last few years. To the best of our knowledge, this article is the first academic study to examine migrant deaths in detail in southern New Mexico. We begin by contextualizing the changing pattern of migrant deaths in New Mexico within the broader framework of border policing strategies that have intentionally pushed migration routes to remote areas. We describe the work of the OMI, highlighting its very recent initiatives to track migrant deaths in its database. We then discuss the changes seen by the OMI in its migrant caseload from fiscal year (FY) 2009 to 2023, with the most drastic increase in cases occurring from 2022 to 2023. For instance, the data indicate that most of the identified migrants that have died in New Mexico were recovered in June and July (45 percent), crossed through Doña Ana County (66 percent), were male (60 percent), and among those identified, were from Mexico (65 percent) and between 20 and 39 years of age (69 percent). Of the 248 cases of migrant deaths, 87 percent have been identified. The most common causes of death were undetermined (46 percent) and environmental exposure (41 percent). We then explore the effects of changing governmental policies and state initiatives to curb/reduce migration in the US on OMI’s increased caseload. We discuss the impact that the rapid shift in migration deaths is having on the OMI and how OMI is working to respond and adjust to the dynamic situation. This work highlights the collateral damage of border security measures, underscored by the increasing number of deaths and challenges faced by the OMI. We consider the need for new and amended policies aimed at mitigating the humanitarian crisis that continues to unfold, emphasizing the need for the humane treatment of migrants. Finally, we suggest allocating resources to death investigating agencies. These resources would provide essential support to find, identify, and repatriate migrants, improve agencies’ abilities to collaborate with governmental agencies and programs such as Border Patrol’s Missing Migrant Program, and improve our understanding of the circumstances along the Southwestern border.

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

Kerwin,

Martínez

2024

Executive Summary 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.