Professional Documents
Culture Documents
hnr360 Outline Final Space
hnr360 Outline Final Space
hnr360 Outline Final Space
Teresa Buzzoni
Lori Brown
Final Paper:
Table of Contents
Introduction 3
Historical Context 5
Presidential Policies, Comparison and Change 6
Visualizing the Processes of Migration 10
a. La bestia (Trains)
c. Detention Centers
Introduction
During this course of study, the main research goal was to understand several factors
contributing to the plight of migrants, specifically those looking to enter the United States from
the Mexican border. This research paper will delve into topics including the historical context of
migration within the United States; Presidential continuity and change regarding immigration
policy; Visualization of the border crisis; Impact of location on detention; the Hundred Mile
Zone and the overall question of the legality of illegal migration into the United States.
Understanding the perception and critical narratives of migration in context with the
numbers allows Americans to become better involved in solving some of the American crisis
related to the increased violence and lack of opportunity abroad. Part of the information crisis
depends on the media narratives involving migration, which have become highly polarized and
politicized. Part of this paper will help unpack perception using images sourced from different
news sources to create a composite and realistic image of migrants and what their journeys look
like. Visualizing the different parts of migration, including La Bestia, the border wall, detention
centers and immigration courts will help realize the journey and allow for critical observation of
migration.
When looking at the removal proceedings and legality behind the migrant journey will
look to the future of a new Democratic president. Understanding whether or not the policies can
change with a long term impact, or whether they are at the mercy of the President in office.
These factors, involving the research outlined will develop a critical narrative of the migrant
journey and the legal precedents that are often stacked against illegal aliens.
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Historical Context
Colonialism during the early 1600s gave way to a broad history of great migrations to the
United States. Following the advent of slavery that sparked a triange trade between Africa,
Europe and the Americas, many explorers set out in search of economic advantages in the form
of new lands of opportunity. In the following years, small numbers of immigrants travelled to the
Americas in search of wealth and freedoms. From the 1830s to 50s, British, Irish and Germans
immigrated during the advent of the Industrial Revolution where developing technologies
surrounded migration. During the 1880s, America became known as the “melting pot”, because
of the blending of cultures and populations that began intermingling in the new nation.
At the end of the first world war, Congress developed the National Origins Formula,
which became the first of an American system of immigration quotas from 1921 to 1965, which
gave way to restricting populations on the basis of populations proportionate to the number of
immigrants (National Origins Formula). This resulted in low quotas, or high restrictions to
certain populations looking to enter the Americas. The Immigration Act of 1924, also known as
the Johnson-Reed Act, provided immigration visas to two percent of immigrants of each
nationality (Office of The Historian). It completely excluded immigrants from Asia. A similar
quota, the Immigration and Nationality Act of 1952 worked to the opposite effect, ending Asian
exclusion, and focusing on family reunification. When Operation Wetback occurred, Joseph
Swing, Director of the U.S. Immigration and Naturalization Service coordinated the mass
deportation of thousands of immigrants, sending them to unfamiliar lands outside of the United
Following the Hart-Celler Act of 1965, also known as the Immigration and Nationality
Act, the quota system was reestablished. The 1980 law, known as the Immigration Reform and
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Control Act further amended the system, making it illegal to hire illegal immigrants and created
penalties for the companies who did in fact hire them. By the 1990s, the Illegal Immigration
Reform and Immigration Responsibility Acts further strengthened legislation that cracked down
on illegal immigrants residing within the United States, and emphasized the power of legal
migration (Office of the Historian). Today, the importance of residency and citizenship papers
remains a highly contested area of policy, with many illegal immigrants living under fear of
expulsion.
In the past twenty years, the United States has laid witness to two Republican and two
Democratic presidents, in addition to a special case in which a former Vice President has become
the acting President. Comparing the policies and length of impact between each of the Presidents
represents some of the limits to lasting political policy for migrants into the United States. With
constantly changing rules and quotas for legal and illegal immigration, it becomes difficult to
maintain a single policy that is helpful to everyone. What is important to remember, however, is
immigration. The climate and context often calls upon different challenges for presidents, which
must be identified before laying blanket claims upon a president’s action, regardless of party or
political affiliation.
The Republican party often represents a hard line stance on immigration. For President
George W. Bush, the Guest Worker Program, which developed paths to citizenship for Mexican
laborers developed a level of selectivity regarding who is or is not granted access to the United
States. The immigration quotas were often highly beneficial to America, especially in the case of
the cheap labor that can be secured by selectively allowing in temporary migrants from Central
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America into the United States. George W. Bush also ended the “catch and release” program,
which effectively began migrant detention in its modern form in the United States. Similarly,
when Donald J. Trump became the president in 2017, he developed more legislation to curb
immigration to the United States by slowing legal naturalization and attempting to block the
naturalization of non-citizen U.S. soldiers. His claim to fame, however, was to call for a border
wall that Mexico would be responsible for paying for. This hard line stance on immigration set a
large opportunity for anti-immigration sentiment within the American public to ordain to.
On the other side of the spectrum, Democratic presidents Barack Obama, and his former
Vice President, Joe Biden developed stances on immigration that were extremely friendly to
migrants. Barack Obama developed the Deferred Action for Child Arrivals program known as
DACA, which prevented deportation of some individuals with unlawful presence to receive a
two year renewable period of deferred action on deportation as they sought work permits to
remain legally in the United States. Obama, however, was known for record high deportation
levels, which cast shadows on his support for migrants living in the United States. President Joe
Biden has developed a citizenship roadmap that includes ending family separation and works to
address the root causes of immigration as they are seen from outside of the United States.
Looking to end the causes before the impact of illegal immigration is one tactic assumed by the
Biden Administration.
Context is essential to understanding the cause and impact of immigration in the United
States. During the Obama presidency, the administration set a new high for removals of illegal
immigrants living within the United States. Unlike the other presidents, such as Donald J.
Trump, who were seemingly more aggressive in their programs, yet had extremely low levels of
When looking more closely into the specific programs established by each of the
presidents regarding immigration. Like the immigration quotas of the 1940s, the United States
accepts different numbers of immigrants, which can be impacted by the politics and actions
These, in comparison to the populations accepted during each presidential term represent
different challenges and opportunities for American enterprises to capitalize upon. For Bush, the
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high Mexican immigrant numbers presented opportunities to support American labor. For
Obama, the Central African immigrants were sparked by conflict within the region that made
leaving their home nation one of the only choices for survival. Conflating immigration as a
southern border issue loses the complexity of the nations of origin, and defeats the purpose of the
Causes of migration aside, comparison between the president illuminates many of the
challenges with immigration today. When George W. Bush began migrant detention within the
United States, the lasting legacy was continued by Barack Obama as a way of managing illegal
immigration to the United States. The similarity between the programs represents an example of
how differently the same action can be viewed depending on the political leaning of the
president. In another breath, President Obama had the highest rates of deportation, yet was still
publicly supporting the immigrants working and residing in the United States with programs like
DACA. This represents how both tremendous support and struggle can come from
comparing Presidents Trump and Biden, the idea of naturalization was a common subject of
debate. Trump developed a revised naturalization civics exam, which added layers of complexity
to the test by increasing the topics covered, and adding additional questions (“Biden
Administration Scraps Trump’s Revised US Citizenship Test”). In this manner, Trump worked to
slow the naturalization process and decrease the level of citizenship of foreign born individuals.
With this and other ways, President Trump reduced immigration to the United States by 49%,
including his Zero Tolerance Policy, which allowed the Department of Justice to criminally
prosecute illegal border-crossers for the crime of unlawful entry (Anderson). This began the
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family separations for parents and adults accompanying minors after being charged with
unlawful crossing of the border (“Q&A: Trump Administration's ‘Zero Tolderance’ Immigration
Policy”).
All migration depends on the context of the political climate within which the political
systems are operating. In order to establish a baselines, the push and pull of people will
ultimately determine what becomes the fate of the migrants and ultimately the precedent of
Perception remains one of the greatest challenges of the migrant journey. For the public
who vote upon political issues, the crisis remains out of sight and out of mind for most of the
time, despite migrants intermingling in most walks of life around the country. However, walking
through the journey of migrants and their families can never be fully imagined unless
experienced first hand. However, the closest documentation of the journey comes from the
photography and second hand accounts of migration from the mouths of migrants and the
cameras of journalists. In this section, we will explore the trains, border walls, detention centers
TRAINS
Rather than attempting to cross the perilous desert on foot, many migrants attempt to use
the massive freight trains travelling North to enter into the United States. Apart from the
directional challenge of finding and mounting the train that is moving in the correct direction, the
journey by trains demonstrate a perilous attempt at reaching freedom, and exemplifies one of the
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problems with migration as a whole. The people who are riding the trains often are nameless
migrants in charge of themselves and their own destiny only. The hundreds who are killed
attempting to catch the train, or fall from the heights once boarded represent only several of the
anonymous ways in which migrants fall prey to the journey to the United States.
Riding the trains to the North presents new challenges as migrants are forced to cling to
the smooth roofs and surfaces of the trains. With no ability to secure themselves, those who try to
ride the trains have fallen, lost limbs, or died during the perilous nights (Rouhandeh). Those who
fall from the heights of the trains are often picked up by the gang members who travel
throughout Mexico and the central cities looking for targets of their criminal organizations.
While train jumping is not a new phenomenon for Mexicans or migrants from any origin, the
international policies have only seemed to make the rides worse. Josiah Heyman, director of the
Center for Inter-American and Border studies at the University of Texas, El Paso, describes Title
42, a policy introduced by the Trump Administration in March of 2020, which calls for the
"immediate expulsion of single adults and some families—[which] has a perverse effect of
encouraging people to enter, be apprehended, be expelled, and try again until they succeed in
entering. So ironically, it is increasing this sort of thing” (Rouhandeh). When introducing this
legislation to the public, Trump dubbed the policy a protection against the “serious danger to the
introduction of such disease into the United States”, which directly targeted migrants and their
entry (Newsweek). And with rhetoric such as a narrative of national safety, the ride on La Bestia
and the other trains became even more dangerous for migrants hoping to enter the United States.
BORDER WALL
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The border spanning the divide between Mexico and the United States represents one of
the largest divides in modern history, geographically and politically. The total border spans 1,
933 miles across Mexico and the southern states. Only 700 of those miles actually have this type
of fencing in place, which motivated Trump’s plans for a large border wall paid for by Mexico.
Fences, however, look extremely different from walls to migrants looking for a hole to slip
On the coast of San Diego, the divider between Tijuana, Mexico and the United States
only extends briefly into the Pacific Ocean. The image below was taken from May 2017, yet in
the past four years since its capture, the border has seen few changes. The migrants who have
tried to cross around the end of the wall are quickly captured by Border Patrol agents who await
them. However, the end of the border simply goes to represent the subjectivity of the border. In
areas where the wall exists, it represents an obstacle, but the locations where it doesn’t, represent
a boundary, which once crossed creates a brand new series of dangers that act as a deterrent to
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passage into the United States that cannot best the dreams of prosperity in America.
Border Fence separating San Diego from Tijuana Mexico in May 2017. Source: “This is What
Moving East, the wall appears lived in, as it travels through many populated centers where
residents and migrants intermingle. Artwork and public showers can be seen on both sides of the
wall, as populations frequently cross from one side to the other, populating schools and shopping
on either side. Immigration and migration from one side to another are often blurred by the
proximity of life on both sides. Attempts to make the border into a beautiful part of life has
become a standard practice by many living on the edge of the United States. As can be seen,
murals and public utilities built onto the sides provide a human element of life to the seemingly
divisive and obtrusive structure. For those living on the border, it is living just like the people
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who attempt to cross it. Yet, the divide remains a visible representation of the privileges that
Other parts of the wall represent snapshots of history intermingled with the future. Parts
of the fence spanning Jacumba Hot Springs, California was created using “The landing mats are
corrugated metal of, in fact, surplus material from the Vietnam War, which originally were
intended to be used as landing mats for helicopters in Vietnam and was later repurposed as
US-Mexico border fencing. … The landing-mat fencing is shorter in height and you can't see
through it, which causes difficulties for Border Patrol agents because they can't physically see
what's on the other side” (“This Is What the US-Mexico Border Looks Like” ). The historical
intermingling between present crises and the violence of the past creates an eerie history that is
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government.
In other places, the border is highly technologized. Known as the “floating fence”, areas
of the border near the Imperial Sand Dunes by Felicity, California show impenetrable broders.
They demonstrate some of the security advancements that create both the impenetrable aesthetic
of architecture on the United States side. Highly militarized and on the offensive, areas of the
Whereas in other parts of the world, the border is barely symbolic. The following images
represent the Mexican Border town, Matamoros across the border from Brownsville, Texas. With
simply the geographic divider separating the two countries, it represents a location for prosperity
intermingling between the United States and Mexico. The other image can be traced back to a
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remote area of the Sonoran Desert in Arizona. Hundreds of miles of bar fences are actually used
to prevent vehicular crossings into the United states. From Cargo carriers to migrants not on foot,
it represents another component to border security. Migrans, however, are rarely deterred by the
physical border. It demonstrates the clarger concerns faced by the United States and the questions
DETENTION CENTERS
A highly contested story in the United States is that of the migrant detention center at the
border. Represented in television as jails with reporters and activists alike fighting for migrants
wrapped in foil sheets in highly crowded cells represents only one side of the story. ICE
detention centers at the border involve high populations of migrants being detained in what has
been described as cages and given minimal supplies with which to keep themselves clean and
healthy (López). Many of the migrants have filed suits against the correctional officers citing
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Source: López
Other migrants find themselves in seemingly worse situations. Holly Cooper, UC Davis
School of Law, Co-director of the Immigration Law Clinic described some of the differences
between the camp-style detention centers and those that are highly organized, and less visible to
the general public. They represent jails, and are often converted centers of incarceration being
used as migrant detainment centers throughout the United States, not just sitting on the border.
Cooper described her visits to several detention centers for children separated from their parents
Source: “Private Inspectors Paint a Rosy Picture of U.S. Immigrant Detention Centers. Audits
Find Otherwise”
Cooper described the chill of the detention facility, not simply the outside, but the deep
set feeling of cold within the facility. The children were issued cotton uniforms, which were of
no protection against the cool cement and steel that built the walls and floors of their cells.
Children were held in stacked cells with no access to natural light. The only white light came
from fluorescent lights hanging throughout the cells, creating gray glows throughout the
building.
Cooper and the lawyers who accompanied her described the banging of the children once
they heard that lawyers had entered the building, as a plea to have their cases heard. The noise
levels in the prison were deafening as a result of the cement structure. With most flooring made
of cement, covered with no carpet, and metal doors locking each cell, the detention center echoed
sounds throughout. She described children who would lay on the ground pounding their feet to
be heard. Throughout the building ran a series of metal pipes, which were used by the children as
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communication devices, despite the apparent language differences of Spanish, native dialects and
Mandarin. Some found that their channels led directly to the interview rooms, and frantically
described their stories between pleas for help to Cooper and her team.
The insides of the cells were uplifted portions for beds with no mattresses. She said that
each of the children was let out of their cells for five hours per day, moving through the central
dining area, public spaces and cells. The definition of “outside” time, according to Cooper, was
to allow the sun to touch the children’s skin, whether through a skylight in the building or a
window. The outside did not mean that the detainees would be allowed to travel out into the
natural environment.
Temperature, noise and space were architectural features of the detainment. The children
described the cotton uniforms that made them cold, but then continued to describe the showers
that were so hot that they would physically burn the children when attempting to clean
themselves. With only a short period of time to clean themselves, they were forced from the
extreme cold to the heat instantaneously. Without privacy to be washed, the children faced other
levels of psychological debasement as they would be publicly visible as they made themselves
Paired with the physical tortures, the ideological debasement that was used in the migrant
detention center could be something reminiscent of a science fiction novel. On the walls were
murals painted of horrors of migration, depicting only children the same age as those in
detainment with extreme trauma and disturbing replications of their journeys. Surrounding the
migrant children with such imagery continue to force them to relive the horrors of their journeys,
and continue to wear them down. Coupled with the cold, the children remain constantly on edge,
never having the chance to relax. With the imagery comes food that was described as “serving a
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drunk man’s vomit”. From carrots to bologna, most of the foods that are served to the children
are extremely foreign. The children who come from countries throughout Central America and
beyond have never been exposed to the staples of American food. Some do not even consume
Cooper described the communication between children through the pipes and whenever
possible. However, she continued to explain that nearly forty percent of the children are
monolingual in their indigenous languages other than Spanish. While making communication
difficult, receiving any formal education while in detainment becomes nearly impossible as the
children must surmount the language barrier to connect. All the classes, she reported, were
taught in English. Although these migrants came often in search of American opportunity, the
forced assimilation mirrors that of the boarding schools forced upon native Americans
To better visualize the difference that a physical location can have on one’s court date, the
difference between migrant tent courts and the United State Courts of Law represent a physical
representation of how much the United States is willing to invest into migrant protection. Many
migrants are tried and sentenced with courts set up within migrant camps. They are designed
with plastic or metal benches, and filled with migrants sitting next to one another awaiting
sentencing. The Border Control Agents are often involved in the proceedings, which would not
Source: Brown
United States Courtrooms are often highly stylized, with American flags, and references
to the founding documents that protect all citizens living in the United States. Regardless of their
location or use, the courtrooms are highly organized with moderators and juries seated
comfortably for their deliberation. When presenting cases before the judges, lawyers often have
the time and space to make reasonable claims as to why migrants should be allowed to stay.
However, when lawyers work out of migrant camps, the conditions within which the legal
proceedings are held, are completely different from those that would be granted to citizens. Even
some of the courts held within rooms of public libraries or spaces do not represent the full
The legal proceedings for migrants in the United States versus the rest of the world
remains stark in contrast. However in a comparison between the neighbors of Mexico and the
United States, understanding the perception of legal protection for migrants demonstrates some
of the abuses that migrants will face upon entry to the United States. To note, the legal statutes
translating into practice can present a gray area, as many of the laws can be selectively upheld in
In Mexico, the protection of the rights of migrants is said to be equal to that of Mexican
citizens. They describe migrant problems as shared problems with every country alike, meaning
that they are equally as responsible for migrants from other countries as Nacaragua or Costa Rica
would, and in association, the United States. According to the Mexican Law and Policy outlined
by the Library of Congress, Mexican Laws of Migration uphold the following principles
● “absolute respect for the human rights of migrants, both nationals and foreigners;
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● protection of the rights of foreign migrants in Mexico to the same extent that Mexico
● hospitality and solidarity with foreign individuals who need a new place to reside, either
order;
rights and obligations due to their family, labor, or business relationships established in
Mexico, even if those foreigners may have lived in Mexico without immigration status,
● family unity, which is recognized as an element for the integration of a productive social
● social and cultural integration of nationals and foreigners who reside in Mexico, with
respect for the cultures and customs of immigrants, provided they do not contravene
Mexican laws” (“A Brief History of Civil Rights in the United States”).
These statues are comprehensive. They outline respect to the circumstances from which migrants
were forced to ove. They also acknowledge the rights to migrants and their families with or
without immigration status. Perhaps most importantly, they recognize the utmost importance of
keeping families together at the border. All of these rights are contingent on the participation and
In the United States, migrants are entitled to similar rights. International treaties have
made tremendous headway for the upholding of human rights within the countries. According to
human rights advocates, these protections include “equal protection under the law, the right to
due process, freedom from unlawful search and seizure, and the right to fair criminal
proceedings, among many others. Other U.S. laws, such as those governing immigration
proceedings, also grant rights to migrants'' (”Rights of Migrants in the United States”). Other
treaties, such as the Refugee Convention and International Convention on the Elimination of All
Forms of Racial Discrimination, the migrants are included int he granting of human rights to
every person in the world, regardless of citizenship. In the United States, the Fourteenth
Amendment granted protections for “any person”, not necessarily a “citizen” of the United
States. This allowed “foreign nationals'' with no legal status to have access to the rights extended
through the Fifth Amendment and equal protection clause. With such language, finding the
In both the cases of Mexico and the United States, both legal loopholes and lack of
enforcement present challenges to the protection of migrants. As will be later discussed, both
legal loopholes and lack of enforcement have resulted in gruesome treatment of migrants. In
addition, the lack of illegality for uncomfortable treatment allows many detention centers to
continue causing extreme mistreatment to the migrants without watchdogs to their rights.
When looking to understand the migrant journeys, many children and adults alike are
unwilling to describe the grueling travels and nations traversed to reach the United States. Once
here, the migrants settle into different cities across the country, blending into the homogeneity of
these communities while awaiting their day in court. Many are looking to receive court dates
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from immigration courts to grant them protections while living in the United States. This, of
course, only represents a small population that are not taken into custody, deported immediately,
According to the United States Department of Justice, the locations of the offices
associated with the Executive Office for Immigration Review are spread out throughout the
United States. They are used to handle federal proceedings of immigration and the cases of the
migrants living in the United States. Attached is the listing of each of the cities within the United
States and territories, which can be used to find an immigration court nearby. Notice, however,
that only twenty nine of the fifty states are listing courts available to migrants. Not only are there
court access in every state, but many are located extremely far from the centers where migrants
often cluster and settle. In addition to the access to immigration courts, a notable feature of
finding a court date for one’s case to remain in the United States, many of the courtrooms did not
even have long term judges assigned, which means that many of the migrants are at the mercy of
the day during which they are able to have their case reviewed.
Looking at a case study of New York State as an example of the geographic layout
between detention centers and immigration courts, the levels of geographic disorientation present
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migrants fail to receive adequate locations for their court dates, whether being tried in a U.S.
Court of Law, or in a migrant camp. When looking at the following map, the migrant detention
centers are located hours away from the main court sites for immigration cases to be heard.
While many are located by population centers, the lack of access to a court, simply by the length
of time it takes to travel, or the lack of physical access, migrants are already disadvantaged to
their cases being heard. In New York state alone, the sheer lack of understanding between the
courts and the jails represent an infrequency of migrants having their adequate legal proceedings
Source: Teresa Buzzoni, using date from “EOIR Immigration Court Listings”
What can be seen from the map of New York state is a problem replicated across the
United States where immigration courts are located broad distances from the detention centers
with victims who need them. From allegations of sexual assault to the basic request for
citizenship following illegal immigration, the cases of migrantsare disconnected from the legal
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Another aspect of migrant detention is the lack of reform to ICE as a body. Reports of
systematic sexual assault upon detainees has become an unrecognized form of the treatment
faced by migrants in detention. In the Western District of Texas, the U.S. The Attorney's Office
stated that it receives complaints and “takes allegations of misconduct by public officials
extremely seriously” (Kriel). Like Trump, ICE also has a “zero tolerance for any form of sexual
abuse or assault against individuals in the agency’s custody.... When substantiated, appropriate
action is taken” (Kriel). In six years, 14,700 complaints of physical and sexual abuse were filed
against ICE, yet by 2018, only 374 formal cases of sexual assault were recorded (48 of which
were substantiated and 29 pending) (Kriel). What the federal incarceration system demonstrates
in this case is simply the absence of justice for many of these migrants. While awaiting court
dates, the migrants fall victim to abuses that are considered crimes against citizens of the United
States, but for migrants, justice is rarely actualized. The irony of the situation falls where the
United States often promotes narratives of migrants being criminals and violent members of
society, they are in fact falling prey to the even more brutal criminals living right beneath our
noses.
The 100 Mile Zone represents a challenge for the legal precedents of migration in the
United States. While the media has produced many narratives of immigration at the Southern
barrier, understanding that coasts on all sides of the United States see forms of immigration and
security. The locations situated within the Hundred Mile zone, however, represent the homes of
nearly sixty-six percent of Americans according to the ACLU. This border zone includes many
of the centers of high population in cities, including San Francisco, Los Angeles, Houston,
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However, as more immigrants begin crossing through the 100 mile border zone, the legal
gray areas present areas in which migrants can be seriously harmed and taken advantage of.
Despite calls to reform border authorities, Border Control and the federal regulations give the
U.S. Customs and Border Protection special authority to practice outside of the law.
The Fourth Amendment states “the right of people to be secure in their persons, houses,
papers and effects, against the unreasonable searches and seizures, shall not be violated and no
Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly
describing the place to be searched, and the persons or things to be seized” (“Fourth
Amendment”). However, at the borders, these constitutional principles do not fully apply. Border
crossings and ports of entry allow federal authorities to conduct “routine searches” without
suspicion of wrongdoing or a warrant. However, the authorities cannot pull over vehicles without
just a ‘hunch’). Similarly Border Patrol cannot search vehicles in the 100-mile zone without a
immigration violation or crime has likely occurred)” (“The Constitution in the 100-Mile Border
Zone”). Nevertheless, Border Control agents typically find ways to breach these freedoms.
Border Patrol agents “routinely ignore or misunderstand the limits of their legal authority in the
course of individual stops, resulting in violations of the constitutional rights of innocent people.
These problems are compounded by inadequate training for Border Patrol agents, a lack of
oversight by CBP and the U.S. Department of Homeland Security, and the consistent failure of
CBP to hold agents accountable for abuse” (“The Constitution in the 100-Mile Border Zone”).
Overreaches of power come from poorly trained officers, or those who take advantage of the law
within this zone. Without holding these agents accountable, the border anywhere around the
United States becomes an incredibly dangerous place to be. Nevertheless, the 100-mile border
zone, and any soil located within the United States are legislated and protected by the U.S.
Also to be considered are the increase in agents and growth of Border Control in the
United States. When the regulations of the 100-Mile zone were established, only 1,100 agents
were working to protect the laws and entries. Today, nearly 21,000 border control agents operate
within the United States with the same regulations, which were established in 1953 by the U.S.
Department of Justice without public comment or debate (“The Constitution in the 100-Mile
Border Zone”). Another difference is the infringement on the intellectual properties of the
migrants. The spread of the government intrusion has developed new ways to gain information.
The Customs and Border Patrol Agency “claims the authority to conduct suspicionless searches
of travelers' electronic devices—such as laptops and cell phones—at ports of entry, including
international arrivals at airports. These searches are particularly invasive as a result of the wealth
of personal information stored on such devices. At least one circuit court has held that federal
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officers must have at least "reasonable suspicion" prior to conducting such searches and recent
Supreme Court precedent seems to support that view.” (“The Constitution in the 100-Mile
Border Zone”). These technologies have spread through automated data base systems, which flag
members crossing the virtual borders. The tracking technologies and information collected
present challenges to the autonomy and individual information. The CBP claims that they have
the authority to conduct searches of travelers’ electronic devices without prior suspicion at ports
of entry and international entrance such as airports, however this demonstrates a massive
infringement on personal rights. The Supreme Court ruled that a “reasonable suspicion” is
necessary to conduct such searches, however. (“The Constitution in the 100-Mile Border Zone”).
This is particularly concerning, because the security technologies, including watch lists,
identification, database systems and tracking that began to be implemented at the border become
increasingly concerning as many are not controlled by the government. The “virtual border
fence” involves drones, or unmanned aerial vehicles which are completely operated by private
corporations at the border zone, which raises concerns of breaches of individual privacy.
When understanding the incidents that lead to reports of misconduct filed against Border
Security, it becomes simple to understand why migrants could be so easily harmed by these
agents. The absolute lack of investment into training for border control agents represents a long
lasting and well-documented track record of poorly trained officers taking advantage of their
powers (whether or not they actually have them according to the law). Incidents began as early
as ten years ago, where reports of a 16-year-old male child was shot in the back ten times
through the border fence, or fast forward to April 2012 when Anastasio Hernandez Rojas was
beaten and tasered to death by members of the Border Patrol (Ortega). It is hard to say how many
more people who live on either side of the border have been murdered or harmed by the Border
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Control agents, since the Customs and Border Protection agency does not train their officers to
use all “less-than-lethal options and doesn’t provide enough training on high-risk situations
dealing with assaults by people driving vehicles or throwing rocks'' (Ortega). When Homeland
Security looked into the deaths and violence involving Customs and Border Protection, or the
Border Control agents, the “Office of Inspector General investigators also said they couldn't
figure out how many allegations of excessive force there have been in recent years, or how many
of those Customs and Border Protection investigated, because the agency doesn't directly track
such allegations or its own investigations into them” (Ortega). On sheer numbers alone, the case
against border patrol agents would be miles long, despite a lack of accountability and black tape
surrounding the history of these agents. Another element to the causes of death of these migrants
at the border is that often their identities have been wiped away by the situations of the border
crossing. Since January 2010, at least 123 people have died as a result of encounters with the
U.S. Border agents, not including the others who have been brutalized or injured (“Deaths by
Border Patrol”). The stories however fall short, as organizations such as Southern Border fail to
find any information regarding the name, age or identifying factors about the individuals killed.
However, reading through the causes of death of migrants, it becomes apparent the frequency of
extreme violence perpetrated by Border Control Agents. Had these individuals been American, it
would be interesting to speculate as to whether or not they would have been remembered by
anything more than a listing in a database, or if their lost lives would have amounted to reform to
the Border Control system. One man was shot for holding a stone; another was fatally run over
by a Border Patrol agent’s vehicle, because the officer was “unable to avoid driving over the
man, who lay in the road” (“Deaths by Border Patrol”). Hundreds more were killed in car crashes
fleeing U.S. Border patrols. Others were taken to the local hospitals only to die upon arrival. In
Buzzoni 32
these instances, migrants are seemingly defenseless and not of a threat to the Border Control
agents. For many who have just crossed hundreds of miles across a desert, driving away from the
border patrol agents seems like the only available option after being pushed into a corner by the
immigration proceedings in the United States against illegal border crossers. Many argue that the
lives lost at the hands of border control agents could not be avoided, however, addressing the
crimes where innocent migrants were murdered or harmed is the only way to begin redressing
There is light at the end of the tunnel for the 100 Mile Zone and the agents working to
protect it. Several options have been suggested to improve current conditions at the border and
protect the civil liberties and lives of those who are entering the United States legally or illegally.
Becoming even more rigorous with the screenings for border patrol agents is always a first step.
Chairman of the House Homeland Security Border Security Subcommittee, Rep. Martha
McSally described “at the current hiring rate, approximately 113 applicants go through the
process in order to hire a single officer or agent” (Isacson). The high security is said to be one of
the most restrictive, because Border Patrol agents occupy some of the law enforcement positions
that are the most vulnerable to corruption in the United States. Another option would be to
change the way that Americans think about border security. Between 1998 and 2016, Border
Patrol has discovered the remains of over 6,915 migrants on U.S. soil, all of which died from
dehydration, drowning, exposure or getting lost in the deserts and dry lands (Isacson). Promotion
of search and rescue teams could divert some of the border security funding to life-saving
migrant techniques that build a positive rapport between the citizens living on the border and the
migrants attempting to cross. Comprehensive reform on the American and immigration slides of
the issue is necessary. Understanding that in order to redress some of the problems caused by
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Border Control, the United States must recognize the failures of the immigration system for
Without a doubt, the migrant crisis is one of the most complex and pressing challenges of
the twenty-first century. However, the physical divides that separate citizens from the migrants
entering the United States can only be breached with a level of understanding that is born from
getting everyday citizens involved in the crisis. Understanding the freedoms that migrants fail to
realize as a result if the immigration system represents a Constitutional crisis of the future. Each
of these issues can be brushed of as a partisan issue, where the President in charge is responsible
for incredible atrocities and the migrant problems, however, the truth of the matter remains that
the majority of the migration issues are coming from new problems arising, and that the systems
that are set in place by each administration only begin to tackle the problems of migration that
When looking to understand the final step in the path for some migrants, court hearings
for removal proceedings or bond postage represent some of the final steps in the migrant journey
for some. For others, there is no other option but to return and continue trying to get across the
“you will be eligible for release if the immigration authorities determine that (1) you are
not a “flight-risk” (meaning that the immigration authorities believe that you would
appear when requested for future immigration appointments and hearings) and (2) you
are not a “danger to the community.” In such cases, you may be eligible for release on
However, in order to realize these opportunities, migrants must be aware of the rules to then ask
DHS for release. But, as expected from the aforementioned language barriers, many are unable
to capitalize on these opportunities. With new presidents and vice presidents taking office every
four years, the paradigm shifts in accessibility and treatment will make immigration a tossup
whenever a new administration comes into office. That is, unless the overarching systems that
Looking to the future, it is important to understand the migration process of what it it's: a
constantly shifting and changing system that is fed from sources across the world. The
politicization of migration has ruined the chances for so many looking to find opportunity. There
will always be migrants somewhere, however the ways in which we as Americans decide to treat
them and protect them will determine the future of America as we know it, with incredible
strength and diversity, and protections that make everyone feel safer. Understanding the
narratives painted by the news, and looking to get facts from the source, rather than what is
handed to us are the best tools that we have to make the world a better situation for these
migrants who have already faced perilous journeys in the face of incredible odds. Our work for
changing their situation is just beginning and it starts with calling out for reform.
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