Session III: Addressing the Legal Obstacles to Immigrant Integration, Protection and Defense
The routine human rights abuses and due process violations of unaccompanied alien children (UAC) by US Customs and Border Protection (CBP) have contributed to a mounting humanitarian and legal crisis along the US–Mexico border. In the United States, the treatment of UAC is governed by laws, policies, and standards drawn from the Flores Settlement, the Trafficking Victims Protection Reauthorization Act (TVPRA), and CBP procedures and directives, which are intended to ensure UAC’s protection, well-being, and ability to pursue relief from removal, such as asylum. As nongovernmental organizations and human rights groups have documented, however, CBP has repeatedly violated these legal standards and policies, and subjected UAC to abuses and rights violations. This article draws from surveys of 97 recently deported Mexican UAC, which examine their experiences with US immigration authorities. The study finds that Mexican UAC are detained in subpar conditions, are routinely not screened for fear of return to their home countries or for human trafficking, and are not sufficiently informed about the deportation process. The article recommends that CBP should take immediate steps to improve the treatment of UAC, that CBP and other entities responsible for the care of UAC be monitored to ensure their compliance with US law and policy, and that Mexican UAC be afforded the same procedures and protection under the TVPRA as UAC from noncontiguous states.
The US response to the COVID-19 pandemic has been to fortify migration polices that violate the human rights of migrants. Beyond suspending hearings for asylum-seekers subject to the Migrant Protection Protocols (MPP), the US government has ordered the rapid repatriation of apprehended migrants, including asylum seekers and unaccompanied minors, has continued deportation proceedings and removals, and has suspended many legal migration processes. On April 10, the administration asserted its right, resulting from the “profound and unique public health risks posed by the novel (new) coronavirus” to impose visa sanctions on countries that deny or delay “the acceptance of aliens who are citizens, subjects, nationals or residents of that country” that impede the Department of Homeland Security’s (DHS’s) response to the pandemic. Expulsions, removals, and denial of access to asylum have become central to the US pandemic response, without the US offering evidence connecting the spread of the virus to persons arriving at US land borders. The situation unfolding in Guatemala is particularly illustrative.
This paper analyzes data from migrant shelters — including 16 qualitative interviews with migrants and shelter staff, and 118 complaints of abuse — in the Mexico-Guatemala border region. It documents and analyzes the nature, location, and perpetrators of these alleged abuses. It uses a framework of “compassionate repression” (Fassin 2012) to examine the obstacles that migrants encounter in denouncing abuses and seeking protection. It argues that while Mexican humanitarian visas can provide protection for abuses committed in Mexico, the visas are limited by their temporary nature, by being nested within a migration system that prioritizes removal, and by recognizing only crimes that occur in Mexico. It finds that the paradox between humanitarian concerns and repressive migration governance in a context of high impunity shapes institutional and practical obstacles to reporting crimes, receiving visas, and accessing justice. The paper recommends that the Mexican government address these problems through: 1) further funding for the special prosecutors’ offices that investigate crimes against migrants; 2) the creation of an independent agency that approves and issues humanitarian visas; 3) work permits for humanitarian visa recipients; and 4) allowing complaints to be filed for crimes committed in countries in transit to Mexico.