Border Enforcement

Since 9/11 the watchword in the debate over immigration reform has been “security.” As a result, most policymakers and pundits now approach the subject of immigration largely from a law-enforcement perspective. However, the current border-enforcement strategy, which tends to lump together terrorists and undocumented jobseekers from abroad as groups to be kept out, ignores the causes of undocumented immigration and fuels the expansion of the people-smuggling networks through which a foreign terrorist might enter the country.

Ongoing reports about Mexico’s bloody conflict with organized crime have raised again the question of whether the United States should do more to prevent such violence from “spilling over” into the country. While officials have documented few cases of actual “spill over,” fears of exploding violence in Mexico and concerns about illegal migration are driving a policy debate that is centered on “securing the border.” To whit, President Barack Obama announced last May the deployment of 1,200 more National Guard troops to enhance border security, and requested an additional $500 million from Congress to further modernize southwestern border security. In August, the U.S. Congress approved a $600 million “Border Security Supplemental Appropriations Act of 2010” in near record time. The question is whether such policy actions are effective.

By Raquel Rubio-Goldsmith, M. Melissa McCormick, Daniel Martinez & Inez Magdalena Duarte

Access to an independent judiciary with the power to hold the government accountable in its dealings with individuals is a founding principle of the United States. In contrast, imagine a system where there is no access to independent judgment; where, instead, the referee works for the opposing team. The House of Representatives took a step away from this founding principle by passing the Border Protection, Antiterrorism, and Illegal Immigration Control Act (H.R. 4437) on December 16, 2005. A provision of the bill would erode access to independent judgment by severely restricting access to the federal courts for individuals in removal (deportation) proceedings. This provision is part of a long string of efforts by proponents of restrictive immigration policies to limit the jurisdiction of the federal courts over immigration cases.

The U.S. government's efforts to stem undocumented immigration by fortifying the U.S.-Mexico border have increased the profitability of the people-smuggling business and fostered greater sophistication in the smuggling networks through which a foreign terrorist might enter the country. U.S. national security would be better served if undocumented labor migration were taken out of the border-security equation by reforming the U.S. immigration system to accommodate U.S. labor demand.

Most of the border-enforcement and immigration-reform proposals currently being considered in Washington, DC, are not comprehensive or adequate solutions to the issue of undocumented immigration. The process of North American economic integration, and development within Mexico itself, create structural conditions that encourage Mexican migration to the United States.

A proper understanding of the causes of international migration suggests that punitive immigration and border policies tend to backfire, and this is precisely what has happened in the case of the United States and Mexico. Rather than raising the odds that undocumented immigrants will be apprehended, U.S. border-enforcement policies have reduced the apprehension rate to historical lows and in the process helped transform Mexican immigration from a regional to a national phenomenon. The solution to the problems associated with undocumented migration is not open borders, but frontiers that are reasonably regulated on a binational basis.

The current crisis of undocumented immigration to the United States has its roots in fundamental misunderstandings about the causes of immigration and the motivations of immigrants. A growing body of evidence indicates that current border enforcement policies are based on mistaken assumptions and have failed. Undocumented migrants continue to come to the United States, rates of apprehension are at all-time lows, and migrants are settling in the United States at higher rates than ever before. Developing effective and realistic immigration policies requires overcoming five basic myths about immigration.

New proposals for more fencing and Border Patrol agents along the U.S.-Mexico border may only perpetuate an unsuccessful and counterproductive policy that does not effectively enhance national security or control undocumented immigration.

In the hours following the deadly terrorist attacks of September 11, 2001, the United States government took the extraordinary step of sealing U.S. borders to traffic and trade by grounding all aircraft flying into or out of the country and imposing a lock-down on the networks of transportation and commerce that are the lifeblood of our economy and society. Given the uncertainty over what might happen next, these emergency procedures were a necessary and appropriate short-term response to the attacks.