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1. Excessive Use of Force and Migrant Death and Disappearance in Southern Arizona

Author:
Robin C. Reineke and Daniel E. Martinez
Publication Date:
09-2024
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
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:
Topic:
Migration, Borders, Disappearance, and Use of Force
Political Geography:
Mexico, Arizona, and United States of America

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

Author:
Jasmine R. Hernandez
Publication Date:
09-2024
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
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.
Topic:
Migration, Borders, Irregular Migration, and Medicolegal System
Political Geography:
United States of America and New Mexico

3. Impeding Access to Asylum: Title 42 “Expulsions” and Migrant Deaths in Southern Arizona

Author:
Center for Migration Studies of New York
Publication Date:
09-2024
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
Immigration at the US-México border has drastically changed since the mid-2010s. Instead of adult undocumented Mexican men, generally migrating for economic purposes, there are now large numbers of men, women, unaccompanied minors, and families from diverse countries seeking asylum in the United States, as they are allowed to do under US and international law. In response to these changes, the US federal government leveraged multiple strategies to impede access to the country’s asylum system, including relying on Title 42 “expulsions.” Title 42, a COVID-19-era health measure, prevented migrants from initiating an asylum claim. Instead, asylum-seekers were typically immediately expelled to the closest port of entry in México. The use of public health as a pretext to control the border placed these migrants at risk and led many to attempt repeat border crossings. Given this policy context, we ask: what, if any, is the association between Title 42 expulsions and migrant deaths in southern Arizona? We address this question by drawing on records of recovered undocumented border crosser (UBC) remains investigated by the Pima County Office of the Medical Examiner (PCOME) in Tucson, Arizona. We examined differences in the number and demographic characteristics of UBC remains recovered between what prior studies have characterized as the “Localized Funnel Effect” Era of border enforcement in southern Arizona (i.e., October 1, 2013–March 19, 2020; N = 851), and the “Title 42” Era (i.e., March 20, 2021–September 30, 2023; N = 709). We also assessed how, if at all, the geography of recovered UBC remains shifted between these eras. We found that migrant deaths rose from an annual mean of 133 during the Localized Funnel Effect (LFE) Era to 198 in the Title 42 (T42) Era, representing a 48 percent increase. Compared to the earlier era, remains recovered during the T42 Era clustered closer to the border and near the cities of Nogales and Agua Prieta, Sonora, having shifted from west to east in southern Arizona. Additionally, we found that Title 42 disproportionately affected Mexican and Guatemalan nationals both in terms of expulsions as well as deaths. We propose several policy recommendations based on our study’s findings intended to reduce unnecessary suffering and increase human security: • The US federal government should not impede or limit migrants’ access to the asylum system. Policymakers should instead create clear pathways and procedures that obviate the need for migrants to undertake dangerous journeys and overcome barriers to fair consideration of their claims. • The US government must expand its ability to address these claims, as continued attempts to block asylum seekers will result in additional loss of life and increased violence. It should increase its capacity to screen asylum seekers at the US-México border. We propose an increase in USCIS Asylum Officers to carry out this duty. US Customs and Border Protection agents should not screen asylum seekers, nor should they assume the responsibility of serving as asylum officers, given the agency’s extensively documented record of persistently dehumanizing and mistreating migrants. • The US federal government must take measures to eliminate the backlog of asylum cases in the immigration courts. These measures need to include reforms in the underlying immigration system and in the removal adjudication system, such as greater access to legal counsel and changes to the law that offer legal pathways to imperiled migrants who do not meet the narrow definition of asylum. Absent these reforms, the asylum case backlog will grow, and many asylum seekers with strong claims to remain will be removed after living for years in the United States.
Topic:
Migration, Borders, Asylum, and Irregular Migration
Political Geography:
North America, Arizona, and United States of America

4. Undeterred: Understanding Repeat Migration in Northern Central America

Author:
Abby Córdova
Publication Date:
09-2024
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
U.S. efforts to control unauthorized crossings of its southwest border have long rested on the idea of deterrence — if migrants know that a border is dangerous to cross and the likelihood of deportation is high, they will be dissuaded from trying in the first place. Despite the seemingly intuitive logic of this strategy, and the billions of dollars invested in it, deterrence efforts largely have failed, with the number of border crossings in recent years exceeding those of 30 years ago. To understand why this decades-old, bipartisan deterrence strategy has proven ineffective, we focus on individuals from El Salvador, Guatemala, and Honduras who have previous migration experience, with a vast majority of them seeking entry into the U.S. These individuals have direct knowledge of the difficulties and dangers a border crossing poses, yet many report plans to try to cross the border again. To understand why they persist, we rely on survey data specifically collected to better understand the root causes of international migration. We find that citizens with previous migration experience are significantly more likely to report plans to emigrate, in particular women, younger cohorts, and those at the bottom of the economic ladder. In contrast, family reunification does not appear to play a significant role in driving the migration intentions of those with a prior migration experience. Further, deportation does not deter migrants from trying again, as individuals who have been deported are just as likely to report plans to emigrate again as those who returned to their home countries voluntarily and those who never reached their destination. Most importantly, our research indicates that human insecurity is at the core of why Central Americans who have migrated in the past are more likely to report migration plans for the future. Both the threat of violence and food insecurity are central drivers of their persistent predisposition to embark on the journey again. Individuals remain undeterred in their efforts to escape their country because upon returning to that country, they confront the same conditions that led them to attempt to flee in the first place. We draw two main policy implications from our research. First, the U.S. government should continue its prioritization of investments in tackling the root causes of forced migration through the empowerment of civil society organizations and the channeling of foreign aid to marginalized communities affected by human insecurity, such as those suffering food insecurity or fearing violence. The main objective of these investments should be to improve the living conditions of individuals, giving them a viable option of remaining in their country. Second, the U.S. must invest greater resources in its immigration system to reduce the current backlog of asylum cases, and expand H2-a and -b visa programs to provide a more expansive legal path to migration. Facilitating a legal pathway to immigrants who face heightened human insecurity, like the potential repeat migrants in our study, would prevent further deaths that lay at the hands of a border policy focused on deterrence.
Topic:
Migration, Food Security, Borders, Violence, and Deterrence
Political Geography:
Central America and United States of America

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

Author:
Donald Kerwin and Alejandra Agustina Martínez
Publication Date:
09-2024
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
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.
Topic:
Borders, Deterrence, Forced Migration, and Irregular Migration
Political Geography:
North America, Mexico, and United States of America

6. 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

Author:
Donald Kerwin
Publication Date:
06-2024
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
This paper examines the staffing needs of the US Department of Justice’s Executive Office for Immigration Review (EOIR), as it seeks to eliminate an immigration court backlog, which approached 2.5 million pending cases at the end of fiscal year (FY) 2023. A previous study by the Center for Migration Studies of New York (CMS) attributed the backlog to systemic, long-neglected problems in the broader US immigration system. This paper provides updated estimates of the number of immigration judges (IJs) and “judge teams” (IJ teams) needed to eliminate the backlog over ten and five years based on different case receipt and completion scenarios. It also introduces a data tool that will permit policymakers, administrators and researchers to make their own estimates of IJ team hiring needs based on changing case receipt and completion data. Finally, the paper outlines the pressing need for reform of the US immigration system, including a well-resourced, robust, and independent court system, particularly in light of record “encounters” of migrants at US borders in FY 2022 and 2023.
Topic:
Immigration, Courts, Borders, Asylum, and Department of Homeland Security
Political Geography:
North America and United States of America

7. Between Humanitarian Assistance and Externalizing of EU Borders: The EU-Turkey Deal and Refugee Related Organizations in Turkey

Author:
Ludger Pries and Berna Safak Zülfikar Savci
Publication Date:
03-2023
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
This paper examines whether multilevel transnational cooperation makes a difference in refugee protection, especially in protracted displacement. In response to the forced migration of millions of Syrians to Turkey starting in 2011, the EU and Turkish government published a joint statement in March 2016. The so-called EU-Turkey deal (EUTD) provided a substantial flow of money (EUR 6 billion in four years) from the EU to Turkey. In return Turkey had to commit to contain and control migration movement toward the EU. In social science, there are quite diverse evaluations of the EUTD. Whereas some studies focus on its effectiveness and efficiency in reaching the outlined goals, other publications stress its geo-political effects on migrants’ mobility and (externalized) border control. Meanwhile some studies look for points to improve the EUTD while others criticize it fundamentally. This article analyzes the involvement of different types of international governmental and non-governmental organizations (IGOs and INGOs) in the four main action fields of the EUTD and its implicit side effects on the Turkish regime of migration management. It first summarizes some crucial findings and pending questions in the social science literature. Based on analysis of available documents and our own interviews in Turkey, we then shed light on the organizations involved in the implementation of the EUTD and its effects on the Turkish regime of refugee protection. In 2022, Turkey hosted some 3.7 million Syrian refugees of a total of almost four million registered international forced migrants. The EUTD of 2016 was mainly a response by the EU to the large numbers of Syrian refugees arriving in its members’ territories. When more than 1.2 million asylum seekers were registered in the then EU-28 in 2015 alone — more than twice the number in the preceding year — some EU member states (MS) negotiated with the Turkish government (Eurostat 2015, 2016). Based on a meeting of the European Council and its “Turkish counterpart” the so-called “EU-Turkey statement” was published on March 18 in 2015 (European Council 2016). From the very beginning, this EUTD was controversial — both in public discussions and in the social science literature. Was it primarily a payment from the EU to the Turkish government for externalizing its responsibilities of refugee protection? Or was it an appropriate measure for sharing the burden of an urgent humanitarian crisis? Was the money spent for refugee-oriented humanitarian aid and development expenses or was it instrumentalized by the Turkish government for its own ends? How did refugee related IGOs and INGOs participate in the management of the EUTD? In the following sections, we focus on some selected aspects of the role of national and international, governmental and non-governmental organizations active in the field of refugee protection, specifically the role and cooperation dynamics of these refugee related organizations (RRO) in implementing the Facility for Refugees in Turkey (FRIT) as part of the EUTD. Based on expert interviews in Turkey and an analysis of spending under the EUTD, the paper analyzes (1) how the landscape of RROs developed in the context of the EUTD, (2) how the budget of the EUTD was spent, and (3) how the cooperation between these RROs developed. The paper adds new insights into the contradictory dynamics between organizing services for refugees and controlling and containing refugee movements to the EU, between assisting and instrumentalizing forced migrants in Turkey, and between humanitarian aid and development activities. Especially the last point is relevant for contexts of protracted displacement as instruments of immediate humanitarian assistance have to be combined with means of longer-term development. From a perspective of organizational sociology, it argues that the EUTD contributed to a multi-level transnational organizational field of refugee protection, where collective and corporate actors relate in conflict and cooperation between the poles of rational self-interests and mutually recognized norms, between control-oriented state authorities up to grass root action networks. Analysis of the EUTD enables us to draw out specific insights and practical lessons for a broader audience. Before presenting our own empirical findings we first will sketch out the broader landscape of social science research and analysis of the EUTD.2
Topic:
Treaties and Agreements, European Union, Refugees, Borders, Protection, and Humanitarian Assistance
Political Geography:
Europe, Turkey, and Middle East

8. In 2019, the US Undocumented Population Continued a Decade-Long Decline and the Foreign-Born Population Neared Zero Growth

Author:
Robert Warren
Publication Date:
03-2021
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
This report presents new estimates of the undocumented population residing in the United States in July 2019, by country of origin and state of residence. The Center for Migration Studies (CMS) derived the estimates by analyzing data collected in the annual American Community Survey (ACS) conducted by the US Census Bureau (Ruggles et al. 2020). The methodology used to estimate the undocumented population is described in the Appendix. The report highlights an aspect of population change — the number leaving the population — that is often overlooked in discussions of immigration trends. The report shows that the annual numbers leaving the population, especially through return migration to Mexico, have been the primary determinant of population change in the undocumented population in the past decade. Increasing numbers leaving the population have also led to near-zero growth of the total foreign-born population, which grew by just 20,000 from July 2018 to June 2019, the slowest growth in that population in more than a half-century.
Topic:
Migration, Immigration, Borders, and Undocumented Population
Political Geography:
North America and United States of America

9. A Virus Without Papers: Understanding COVID-19 and the Impact on Immigrant Communities

Author:
Elizabeth Kiester and Jennifer Vasquez-Merino
Publication Date:
06-2021
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
The COVID-19 pandemic has exposed the inequalities facing vulnerable populations: those living in economically precarious situations and lacking adequate health care. In addition, frontline workers deemed essential to meet our basic needs have faced enormous personal risk to keep earning their paychecks and the economy running. Immigrant communities face an intersection of all three vulnerabilities (e.g., economic precarity, health care barriers, essential workforce), making them one of the most vulnerable populations in the United States. We conducted 26 interviews via Zoom with immigrant service providers in Pennsylvania and New York, including lawyers, case workers, religious leaders, advocates, doctors, and educators in order to gain a better understanding of the impact of COVID-19 on immigrant communities. These interviews affirmed that immigrants are concentrated in essential industries, which increases their exposure to the virus. In addition, they lack access to social safety nets when trying to access health care or facing job/income loss. Last, COVID-19 did not adequately slow the detention and deportation machine in the United States, which led to increased transmission of the virus among not only detainees but also others in the detention system, surrounding communities, and the countries to which people were deported, countries that often lacked an adequate infrastructure for dealing with the pandemic. Based on our interviews, we have a series of specific policy recommendations to diminish the vulnerability of immigrants and create social safety nets that will include them and protect them when the market fails to do so. Immigrants of all types have made indispensable contributions to the US economy during the pandemic and before it. First, Congress and states should pass legislation to provide COVID-19 relief payments to all essential workers, regardless of their status, as compensation for putting their lives on the line to keep the economy running. Second, as a public health imperative, federal and state governments should expand coverage of Medicaid and Children’s Health Insurance Programs (CHIP) to include immigrant essential workers and their children, regardless of their status. Third, DHS should not refer essential workers to removal proceedings, and immigration courts should terminate all removal proceedings for essential workers without criminal records. When it comes to issues of health care affordability and access, Congress must continue to revise the Affordable Healthcare Act to expand coverage for those who do not qualify for Medicaid but earn too little to afford insurance on their own. Finally, there must be a review and rigorous enforcement of workplace health and safety standards, particularly when it comes to farming, meatpacking, food production, and food service industries. Our final recommendations are specific to DHS and two of the primary agencies they oversee: Immigration and Customs Enforcement (ICE) and the Border Patrol. First, there needs to be a review of ICE policies and practices, leading to a shift in policy that keeps mixed-status families intact and minor children out of detention centers and that streamlines and expands the asylum process. Second, both Congress and the administration must create additional paths to legal status where none now exist, including for recipients of Deferred Action for Childhood Arrivals (DACA) and for children who have arrived since June 2007.
Topic:
Immigration, Borders, Pandemic, and COVID-19
Political Geography:
North America and United States of America

10. International Migration amid a World in Crisis

Author:
Joseph Chamie
Publication Date:
09-2020
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
This article comprehensively examines international migration trends and policies in light of the coronavirus disease 2019 (COVID-19) pandemic. It begins by reviewing migration developments throughout the past 60 years. It then examines pandemic-related migration trends and policies. It concludes with a series of general observations and insights that should guide local, national, regional, and international policymakers, moving forward. In particular, it proposes the following: National measures to combat COVID-19 should include international migrants, irrespective of their legal status, and should complement regional and international responses. Localities, nations, and the international community should prioritize the safe return and reintegration of migrants. States and international agencies should plan for the gradual re-emergence of large-scale migration based on traditional push and pull forces once a COVID-19 vaccine is widely available. States should redouble their efforts to reconcile national border security concerns and the basic human rights of migrants, refugees, and asylum seekers. States and the international community should accelerate their efforts to address climate-related migration. States of origin, transit, and destination should directly address the challenges of international migration and not minimize them.
Topic:
Migration, Governance, Borders, Public Health, Humanitarian Crisis, Pandemic, and COVID-19
Political Geography:
Global Focus