Border Enforcement,Organized Crime,and Deaths of Smuggled Migrants on the United States – Mexico Border

In response to ever increasing numbers of illegal immigrants entering the United States from Mexico, the United States adopted a border enforcement strategy in the 1990s that sought to bring the problem under control. This strategy relied primarily on increasing the number of Border Patrol agents directly on the border, the erection of walls at heavy traffic areas, and insertion of electronic surveillance systems. While these efforts succeeded in making it more difficult for illegal migrants to gain entry into the United States undetected, it also resulted in an increased reliance on human smugglers. Thus, the nature of the problem has shifted from one of illegal immigration to one of human smuggling. In an effort to gain entry successfully, smugglers have continued to lead migrants through hazardous terrain along the border where surveillance is less intense. Anecdotal evidence is presented which suggests that smugglers' drive for profit often results in the abandonment and death of migrants. Implications for future border policing strategy and research are discussed. An earlier draft of this paper was presented at the International Conference on Organized Crime and Humanitarian Disasters at the initiative of the International Scientific and Professional Advisory Council of the United Nations Crime Prevention and Criminal Justice Programme (ISPAC) in cooperation with the United Nations Office on Drugs and Crime (UNODC), Courmayeur Mont Blanc, Italy, December 3–5, 2004.     

Citizenship Status and Arrest Patterns for Violent and Narcotic-Related Offenses in Federal Judicial Districts along the U.S./Mexico Border

Media reports routinely reference the drug-related violence in Mexico, linking crime in communities along the Southwest U.S. Border to illegal immigrants. The primary purpose of the current research is to examine whether the media assertions can be supported. Logistic regression models were run to determine the impact of citizenship on the likelihood of disproportionate arrest for federal drug and violent crimes, along the U.S./Mexico border. In arrests for homicide, assault, robbery, and weapons offenses, U.S. citizens were disproportionately more likely than non-citizens to be arrested. The only federal crime where non-citizens were disproportionately more likely to be arrested than were U.S. citizens was for marijuana offenses. Results of the current study challenge the myth of the criminal immigrant.     

Migrant deaths along the California-Mexico border: an anthropological perspective

California shares a 150-mile international border with Mexico. Traditionally, this border has seen non-stop illegal migration. In the 1990s, the Border Patrol began a concerted effort to establish and maintain control of the border, beginning in urban San Diego. This heightened law enforcement presence, known as Operation Gatekeeper, changed the westernmost segment of the border from the most permeable to the least permeable. This enforcement pushed migrants into more dangerous crossing areas in eastern San Diego and Imperial Counties, making their trip longer and more physically challenging as they made their way through treacherous mountains, deserts, and irrigation canals. Death rates soared. Political decisions impacted human lives and the caseloads of forensic anthropologists in jurisdictions along the border. Bodies decompose rapidly here, and there are minimal sources of antemortem data. Many of these migrants are never identified. This paper, and this symposium, is an attempt to bring this situation to the notice of other anthropologists and to discuss cooperative means of addressing the issue of identification.     

Animal Scavenging and Scattering and the Implications for Documenting the Deaths of Undocumented Border Crossers in the Sonoran Desert,

Since 1998, over 5500 people have died while attempting to cross the U.S.–Mexico border without authorization. These deaths have primarily occured in the Arizona desert. Despite the high volume of deaths, little experimental work has been conducted on Sonoran Desert taphonomy. In this study, pig carcasses were used as proxies for human remains and placed in different depositional contexts (i.e., direct sunlight and shade) that replicate typical sites of migrant death. Decomposition was documented through daily site visits, motion-sensitive cameras and GIS mapping, while skeletal preservation was investigated through the collection of the remains and subsequent faunal analysis. Our results suggest that vultures and domestic dogs are underappreciated members of the Sonoran scavenging guild and may disperse skeletal remains and migrant possessions over 25 m from the site of death. The impact of scavengers and the desert environment on the decomposition process has significant implications for estimating death rates and identifying human remains along the Arizona/Mexico border.     

Trafficking in Migrants: Illegal Migration and Organized Crime in Australia and the Asia Pacific Region

The subject of this article is the phenomenon commonly known as trafficking in migrants or people smuggling—the criminal offence of transporting migrants across international borders. This article explores the phenomenon of migrant trafficking and analyses migrant trafficking in the light of recent developments at domestic, regional and international levels. This article examines national legislation dealing with migrant trafficking in criminal law and immigration law in Australia and fifteen countries of the Asia Pacific region: Brunei, Cambodia, People's Republic of China and its Special Administrative Regions Hong Kong and Macau, Fiji, Indonesia, Lao People's Democratic Republic, Malaysia, Myanmar, Papua New Guinea, Singapore, Solomon Islands, Taiwan, Thailand, Vanuatu and Vietnam. Moreover, international and regional efforts to combat illegal migration and organized crime are outlined and analysed.     

Through the Back Door: Applying Theories of Legal Compliance to Illegal Immigration During the Chinese Exclusion Era

This article applies theories of legal compliance to analyze the making of this country's first “illegal immigrants”—Chinese laborers who crossed the U.S.‐Canadian and U.S.‐Mexican borders in defiance of the Chinese exclusion laws (1882–1943). Drawing upon a variety of sources, including unpublished government records, I explore the ways in which Chinese laborers gained surreptitious entry into the United States during this period and ask, what explains their mass noncompliance? I suggest that while an instrumental perspective is useful for understanding these border crossings, it overlooks other important determinants of noncompliance: normative values and opportunity structures. Specifically, the exclusion laws were widely perceived by the Chinese as lacking social and moral legitimacy, and thus not worthy of obedience. In addition, the existence of smuggling networks and liberal immigration policies in Canada and Mexico played a critical role in facilitating noncompliance. The article concludes with a discussion about the benefits and challenges of using this theoretical framework to analyze noncompliance in immigration law.     

The Use and Misuse of 'National Security' Rationale in Crafting U.S. Refugee and Immigration Policies

Since the terrorist attacks of 11 September 2001, U.S. immigrationand refugee policy has developed based on narrow and evolvingtheories of ‘national security’. Immigration reformlegislation, federal regulations, and administrative policychanges have been justified in terms of the nation's safety.On 1 March 2003, the U.S. Immigration and Naturalization Service(INS) was folded into the massive new U.S. Department of HomelandSecurity (DHS), formally making immigration a homeland defenseconcern. Counterterror and immigration experts increasingly agree onwhat constitute effective and appropriate immigration policyreforms in light of the terrorist threat. Unfortunately, manyof the post-September 11 policy changes do little to advancepublic safety and violate the rights of refugees and asylumseekers. These include reductions in refugee admissions, thecriminal prosecution of asylum seekers, the blanket detentionof Haitians, and a safe third-country asylum agreement betweenthe United States and Canada. Other measures offend basic rightsand may undermine counterterror efforts. These include ‘preventive’arrests, closed deportation proceedings, and ‘call-in’registration programs. This article reviews post-September 11 U.S. policy developmentsbased on their impact on migrant rights and their efficacy ascounterterror measures. It argues for a more nuanced and rigoroussense of ‘national security’ in crafting refugeeand immigration policy.     

Identifying the dead: methods utilized by the Pima County (Arizona) office of the medical examiner for undocumented border crossers: 2001-2006

The Pima County (Arizona) Office of the Medical Examiner has seen a dramatic rise over the past 6 years in the number of deaths related to the illegal crossing of our international border with Mexico. This rise in deaths is undoubtedly related to an increase in the number of foreign nationals who cross into the various Arizona jurisdictions that utilize the Pima County Medical Examiner to investigate their unnatural deaths. Because of the utterly dangerous nature of trekking across the Sonoran Desert, especially in the summer months, many of these unfortunate migrants succumb to the effects of heat-related illness and perish along the journey. The combined effects of a dry, hot environment and the remoteness of some of the trekking corridors can quickly render a deceased person unidentifiable by visual means. Thus, our office is faced with not only an increase in the number of deaths requiring medico-legal investigation but also an increase in the number of decedents needing additional specialized examinations in an effort to effect identification. This paper attempts to outline the problems and the methods utilized by our office over the past 6 years in the identification process of undocumented border crossers. It is hoped that this paper, as well as the others presented at this symposium, will allow for the sharing of information amongst all medical investigators who assist in the identification of these migrants. The identification of these individuals takes on added importance when one considers the possible nationalities, and perhaps motivation for entering into the US, of those that remain unidentified.     

Buried voices: Mexican migrants’ views on the question of illegality

How do immigrant Mexican workers perceive the policies and social discourses that regulate their insertion into American society as noncitizens and illegals? Using ethnographic fieldwork and in-depth interviews, evidence is presented that unauthorized Mexican migrants do not consider themselves lawbreakers but rather moral actors responding to difficult socioeconomic conditions. Informed by a keen understanding of the social forces oppressing them, these migrants articulate a discourse of social justice that works as a powerful counterpoint to the hegemonic ideas of citizenship, belonging, and illegality. A careful analysis of migrant social reflexivity offers a much-needed corrective to the prevailing top-down perspective typically offered among contemporary scholars. By looking at the ways in which migrants make sense of immigration policies and articulate their right to have rights, this examination departs from the widespread tendency among scholars and policy makers of analyzing the migrant’s social and civic status as a matter of assimilation and immigration control.     

Access to health care for undocumented migrants: a comparative policy analysis of England and the Netherlands

The presence of undocumented migrants is increasing in many Western countries despite wide-ranging attempts by governments to increase border security. Measures taken to control the influx of immigrants include policies that restrict access to publicly funded health care for undocumented migrants. These restrictions to health care access are controversial, and evidence suggests they do not always have the intended effect. This study provides a comparative analysis of institutional, actor-related, and contextual factors that have influenced health care policy development on undocumented migrants in England and the Netherlands. For undocumented migrants, England restricts its access to care at the point of service, while the Netherlands restricts through the payment system for services. The study includes an analysis of policy papers and semistructured, in-depth interviews with various actors in both countries. Findings confirm the influence of such contextual factors as immigration considerations and cost concerns on health care policy making in this area. However, these factors cannot explain the differences between the two countries. Previously enacted policies, especially the organization of the health care system, affected the kind of restrictions for undocumented migrants. Concerns about the side effects of generous treatment of undocumented migrants on other groups played a substantial role in formulating restrictive policies in both countries. Evidently, policy development and implementation is critically affected by institutional rules, which govern the degree of influence that doctors and professional medical associations have on the policy process.     

Underground banks in NYC,their main clientele and operators: The perspective of Chinese illegal immigrants

The financial link of the process of illegal immigration is an unexplored area in previous studies. This current work is the first qualitative study to deal with this concern. The study examines the nature of Chinese-operated informal fund transfer systems in the U.S. by investigating the main clientele, operators or owners, location, and operation style of Chinese underground banks. The primary source of data came from in-depth interviews with thirty illegal immigrants in New York City and Philadelphia. The findings show that the emergence of underground banks in the U.S. coincided with the largest tide waves of Abstract: The financial link of the process of illegal immigration is an unexplored area in previous studies. This current work is the first qualitative study to deal with this concern. The study examines the nature of Chinese-operated informal fund transfer systems in the U.S. by investigating the main clientele, operators or owners, location, and operation style of Chinese underground banks. The primary source of data came from in-depth interviews with thirty illegal immigrants in New York City and Philadelphia. The findings show that the emergence of underground banks in the U.S. coincided with the largest tide waves of Chinese illegal immigrants smuggled into the U.S. They served as a preferred means of fund transfers among Chinese illegals due to the unique service they offered, not necessarily because of the clients' illegal status, or coercive means by smuggling groups. The evidence generated from this research provides support for the illegal enterprise perspective. Chinese illegal immigrants smuggled into the U.S. They served as a preferred means of fund transfers among Chinese illegals due to the unique service they offered, not necessarily because of the clients' illegal status, or coercive means by smuggling groups. The evidence generated from this research provides support for the illegal enterprise perspective.     

Geographies of Confinement for Immigrant Youth: Checkpoints and Immobilities along the US/Mexico Border

The containment of immigrants along the US/Mexico border illuminates the complex spatial implications associated with the securitization of migration enforcement. The production of marginalized, carceral national spaces has particular consequences for the people who inhabit them, as processes of spatial illegality shape their daily lives. Our analyses draw on five years of ethnographic study in the Rio Grande Valley of Texas. Here, we focus on the experiences of sixty‐one undocumented youth, including recipients of Deferred Action for Childhood Arrivals, to explore how the spatial violence created by checkpoints and everyday policing practices lead to experiences of confinement and accelerate processes of social exclusion. Spillover effects occur as all inhabitants must pass through inspection points and demonstrate proof of identity and legal residency; this contributes to the reformulation of citizenship. To this, our article adds insight into how social membership is experienced at the checkpoints so that “citizenship” and “authorization” become conflated. Early childhood and youth experiences of freely crossing spaces with school programs yet living with uncertain and precarious status contribute to persistent fear, instability, and confusion under a multilayered immigration policy regime.     

Social Constructionism and Criminology: Traditions,Problems and Possibilities

Over the last twenty years, the prison system, border controls, crime prevention programmes, anti‐terror measures and private security companies have expanded within Europe. This article discusses some of the implications. It will be argued that we are witnessing a paradigmatic shift in the manner in which state‐sanctioned force is employed. The distinction between what is criminal, to be dealt with by the justice system, and what creates a ‘perception of security’—formerly to be dealt with by social policy—is being eroded at both macro‐ (‘war on terror’) and micro‐ (‘public order’) levels. The rule of law is giving way to a security mentality, where force is employed on the basis of risk assessments. Social problems are re‐interpreted as security threats, and met with measures recreating the original threats. This gives the policy field a distinctive rationality of its own.     

Mobilizing Migrant Workers’ Rights in “Non‐immigration” Countries: The Politics of Resonance and Migrants’ Rights Activism in Israel and Singapore

How are the rights of migrant workers mobilized in non‐immigration regimes? Drawing on an ethnography of human rights NGOs in Israel and Singapore, two countries that share similar ethnic policies but differ in their political regime, this study contributes to scholarship on migrants’ rights mobilization by expanding cross‐national analysis beyond the United States and West Europe and diverting its focus from legal institutions to the places where rights are produced. Findings show that differences in the political regime influence the channels for mobilizing claims but not the cultural politics of resonance that NGOs use when dealing with the tensions between restrictive ethnic policies and the expansion of labor migration. While restraints in authoritarian Singapore operate mainly outside the activists’ circle, in the Israeli ethno‐democracy they operate through self‐disciplining processes that neutralize their potential challenge to hegemonic understandings of citizenship. Paradoxically, success in advancing rights for migrants through resonance often results in reinforcing the non‐immigration regime.     

Doing family

This paper draws on how constructions of ‘the migrant family’ in political discourse influence migrants' and their families' lives. In specific national contexts, ‘the migrant family’ is determined according to the national and European debates and expressed by their respective rules and regulations. By ‘doing family’, migrants and their families develop strategies in order to fit these requirements of living a certain family life. Fulfilling specific norms and perceptions which are not necessarily required for the majority of society is a precondition to succeed. Who is and who is not part of the family, who holds responsibility — such aspects have to be proved and repeatedly reproduced by migrants and their families. This not only affects their position in society, but also has strong implications on their lives as a couple and family, since it requires the continuous adaptation and reconstructions of their everyday reality.     

Ethical Advocacy for Immigrant Survivors of Family Crisis

The involvement of family courts in the lives of youth and families creates significant opportunities for advocates to assist their clients with immigration‐related issues. Informed and effective advocacy on these issues in family court can make life‐changing, and even life‐saving, differences for immigrants. More specifically, immigration issues are germane to family court because certain vital avenues of immigration relief available to survivors of abuse, neglect, abandonment, and other forms of family crisis explicitly depend on findings, orders, and certifications that are issued in the context of family court proceedings. After describing these forms of relief, and the family court's role in immigrants’ access to them, this essay analyzes how ethical mandates related to client counseling, representational goals, and competence affirmatively require family court practitioners to provide advice and advocacy related to these collateral benefits to family court proceedings.

Key Points for Family Court Community:
• The involvement of family courts in the lives of youth and families creates significant opportunities for advocates to assist their clients with immigration‐related issues
• Certain vital avenues of immigration relief available to survivors of abuse, neglect, abandonment, and other forms of family crisis explicitly depend on findings, orders, and certifications that are issued in the context of family court proceedings
• The substance of immigration‐related findings in family court, and their ultimate affect on family stability, are consistent with the core family court goal of supporting safety, well‐being, and permanency for children and families
• Ethical mandates related to client counseling, representational goals, and competence affirmatively require family court practitioners to provide advice and advocacy related to these collateral benefits to family court proceedings

     

They watch for color: mixed-status couples experience with the police

This research qualitatively examines experiences with the police for 42 interracial mixed-status couples, living or originating mainly from the Southern United States. Race-based policing operates within a structure of racist nativism where white skin is a marker of U.S. citizenship, and brown skin is an indication of being foreign-born. Law enforcement at all levels, including the local level, situated their attention toward Latino immigrant men, especially those perceived as working-class, when compared to white U.S. citizen wives. The penalties for racial profiling included family strain through detention and deportation of Latin-American born men. In addition to human rights violations for undocumented Latino immigrants, U.S. citizens are serving as collateral damage in an already broken immigration system that racially profiles Latino immigrant men. Couples’ precariousness situations contest the rhetoric that police are only protecting citizens’ national security. Framed by racist nativism, the findings have implications for anti-oppressive, evidence-based immigration policy.     

Hukou Status and Sentencing in the Wake of Internal Migration: The Penalty Effect of Being Rural‐to‐Urban Migrants in China

While the disparate legal treatment of immigrants in Western jurisdictions has been well documented in sociolegal scholarship, the potential legal inequality experienced by rural‐to‐urban migrants in China, who have become China's largest disadvantaged social group, has not garnered much attention. To fill the gap, this article empirically examines sentencing disparities related to the Hukou status of criminal offenders by employing quantitative data on criminal case processing in China. The results of our analysis reveal that rural‐to‐urban migrant defendants are more likely to be sentenced to prison than their urban counterparts. In addition, the penalty effect of being a rural‐to‐urban migrant is further magnified in jurisdictions with a larger concentration of migrants. Our findings suggest that discrimination against rural‐to‐urban migrants has become an emerging, significant form of legal inequality in China's criminal justice system, refracting and reinforcing the deep‐seated structural inequality associated with Hukou status in China. The research and policy implications of these findings are discussed.     

Immigrant workers: health, law, and public policy

Immigrant workers are a large segment of the lower echelon of the U.S. labor force, and as many as 3.6 to 6 million of these workers and their families are living in the U.S. illegally. This paper examines who the recent immigrants are: explains why their current situation in the U.S. is an important public health matter; discusses the ethical and policy issues stemming from their health needs and from illegal status; and concludes with a brief look at some implications of the Simpson-Mazzoli Immigration and Reform Act, currently before Congress. The paper suggests that the illegal status of undocumented workers intensifies their health risks; that the immigrants' responsibility for budget short-falls in public services is not as clearcut as frequently assumed; and that legislation aimed at regulating the status of immigrant workers in the U.S. is unlikely to solve many of the central problems.     

The population of Texas counties along the Mexico border

This paper is concerned with the size, geographic distribution, and socioeconomic characteristics of the population of the Texas counties along the Mexico border. Consideration is also given to the probable size and distribution of this population in the year 2000. Data are taken from official U.S. federal sources. (summary in SPA)