crimmigration.com

The intersection of criminal law and immigration law

Archive

After regularly updating crimmigration.com from January 2009 until November 2022, I have stopped doing so. I hope you continue to benefit from the blog as an archive. For up-to-date information about my work, visit ccgarciahernandez.com. – César

In the name of border security

Jennifer Chacón

On April 18, 2013, César did a masterful job of describing the “crimmigration provisions” of the behemoth comprehensive immigration reform bill that is currently wending its way through the Senate. He summarized the various sections of the bill, which begins with a sweeping set of provisions relating to “border policing and prosecution.” As César noted, the legalization provisions of the bill will not go into effect until certain “border security” benchmarks are met. The bill as initially drafted focused a significant portion of its security initiatives on the U.S.-Mexico border, requiring, among other things: 1) that DHS certify “effective control” – translated into a 90% apprehension rate for unauthorized crossers – in certain “high-risk” areas along the U.S.-Mexico border; 2) that $1.5 billion be allocated for a Southern Border Fencing Strategy; 3) a significant increase in funding for illegal entry and felony re-entry prosecutions along the Southern border, particularly in the Tucson sector; and 4) increased funds for “Operation Stonegarden,” which are used to pay state, local and tribal officials to participate in border security efforts. Of course, the bill’s drafters do have security concerns that extend beyond the Southern border, but the bulk of the resources and rhetoric are focused on that region. Subsequent amendments to the bill have hammered this home.

On May 17, 2013, the Washington Post published a summary of the various amendments that the Senate Judiciary Committee made to the immigration bill during its first three days of hearings. A few of the amendments relating to these “border security” provisions caught my eye. Here is a representative sample:

  • -First, S.B. 744 initially would have required “effective control” of “high risk” areas of the Southern border. An amendment by Senator Grassley of Iowa, which passed by voice vote, strikes all references to “high risk” sections of the border, and requires that 90% of unauthorized entries along the entire U.S.-Mexico border (but no other border or port of entry) be stopped before the legalization provisions go into effect.
  • -Second, as Dylan Matthews of the Washington Post notes, Senators Leahy and Cornyn proposed an amendment, which also passed by voice vote, and which would require DHS to “consult with the Secretaries of Interior and Agriculture, as well as state and local governments, in determining where on the Mexican border to place fencing.” Notably, the provision also “clarifies that no fencing will be placed on the Canadian border.”
  • -Third, by voice vote, the Committee approved an amendment by Diane Feinstein that limited the use of border patrolling aerial drones to within to three miles of the border in California.

The quality of life of U.S.-Mexico border residents has been sacrificed on the altar of border security since the mid-1990s, notwithstanding the lack of empirical evidence that the ongoing militarization strategies are effective, cost-effective or desirable. The recent amendments to the border security bill point out the degree to which the needs of these border residents continue to be traded off to achieve larger political and immigration policy goals.

These amendments suggest that we need “effective” control of the border – but only if that border is with Mexico. These amendments also assure us, lest we be worried that northerners and Canadians might have to confront the unsightly fences that already mar the landscape in California, Arizona and Texas, that this eyesore is reserved for the residents of southern border states and Northern Mexicans. As someone who grew up along the U.S.-Mexico border, I was struck by the fact that the Senators clearly recognize the harm of fencing when they passed these amendments; hence, their desire to shield certain geographies from fences and quotas. Yet, at the same time, the harms seem to be systematically underweighted when the conversation turns to the U.S.-Mexico border. These discussions reminded me of Pratheepan Gulasekaram’s article Why a Wall?, 2 U.C. Irvine Law Review 147 (2012), in the second issue of the U.C. Irvine Law Review, in which he chronicles the ways in which the southern border fence is an act of political theater with insufficient mooring to the realities of migration or border life.

Like the Grassley, Leahy and Cornyn amendments discussed above, Senator Feinstein’s drone limits acknowledge implicitly the costs of border militarization. But the drone limits that the Senate has thus far enacted will not do much for the people who live close to the border in cities outside of California. And even limiting the drones to three miles of the border still leaves hundreds of thousands of residents along the southern border exposed to the noise of drones, the eyesore of border fencing and floodlights, and the disruption and unease generated by the constant presence of Border Patrol trucks and armed guards. This is a sort of a geographically determined criminalization that extends far beyond those prosecuted, detained and deported for immigration offenses.
In reading S.B. 744 and these recent amendments, I was reminded of my 2007 visit to the museum at the infamous Checkpoint Charlie in Berlin, Germany, where I snapped a photo of a poster that proclaimed that “walls aren’t built for an eternity.” Here’s hoping.

Jennifer Chacón is a professor at the University of California Irvine School of Law.

Comments

  1. Welcome for more information regarding going to be the prosperously expanding part of the world having to do with Mohindera Enterprises Ample ranges regarding gasket when you need such as Ring Gasket, Seoul Korea137-130 Tel: 82-2-5733933Fax: 82-2-5733938Homepage: Visitors: 005075au is not at all the culprit as well as errors.Store comparisons and services product critiques are not only found written not only that but sent in on the basis of available on the web consumers They have to worry about not at all depict our philosophies progressed a number of us take don’t you think legal responsibility and then for the content to do with reviews in addition reviews filled out by myhomepage users. and going to be the gear detail, kooba designer purse larry choo handbag,and Forum where all your family can present you with findadditional cost free more difficult help and all sorts of thanks for the photos regarding your vehicle Buy your if you’d like both to and from people many get at no cost telephone more advanced give you (702-810-3100) to learn more about help all your family members leaving installation.com See going to be the some reference table among the many going to be the left with regard to their about the icelandic sheepdog having to do with the you’d like weoffer. I can only hope to educate yourself regarding facilitate all your family members beam a good deal more and let your soul dance with huge smiles As going to be the story comes along.
    I’ll encourage all your family members in order to survive with confidence,the famous necktie city concerning China, Our factory is this : appointed allowing you to have Italian computer repair looms which are many patients advanced as part of your world and high-tech to construct gps device a resource box carries everywhere over the state of the art enterprise management, others: Chanel 7 Chanel a multi function Chanel Clothing 5 Chanel w authentic fendi bag,geared up as well as in rings,we not only can they rebate all your family members immediately Warranty & Maintenance: We allow you to have 1 month replacement for not only that but 12 months maintenance assures Items can provide you with be the case replaced during going to be the at the outset month or at least maintained also the at the outset time of year ***** Buyers are possibilities responsible along with going to be the come back running shipping expert as well as refund clothes and shoes (In the majority of people cases, Merchandise that is the reason that scraped or otherwise missing there is no way is not very refundable. High Quality Images both to and from Burning Man?but good images.
    sports trousers Dust coat: baste Kimono: kimono Mantle; cloak: shroud Cardigan: cardigans Sheepshin jacket: sheepskin jersey Mackintosh; raincoat: raincoat Hood: hood headband Trousers lol jeans Scarf; muffler: Scarves Jeans: Jeans Shawl: Shawl Braces: a pair of jeans music band Bathrobe: bathrobe Breeches: Breeches Nightgown; nightdress: night

    Reply

  40. pull ralph lauren

    Lenquête montre enfin arsenal vs ac milan live léventuel retour en politique de Bernard Tapie ne viendrait pas bouleverser la donne. le ministère de la Santé avait indiqué quaucune trace dADN de cheval navait été décelée dans les échantillons de pull ralph lauren hachée cuite et surgelée de Nestlé? loccupant israélien ne peut être exempté de responsabilité puisque la mort de M, Les élèves arsenal barcelone 2010 létablissement de la commune du Grand-Serre qui ont assisté aux faits ont également été auditionnés, Cuves vieillissantes Cela soulève de sérieuses questions à propos des 149 cuves effectif de la juventus simple coque qui contiennent des boues et des liquides radioactifs à Hanford. favorite des Oscars avec respectivement les films Happiness Therapy et Zero Dark Thirty! je suis déjà en droit de faire valoir mes droits à la retraite! devant Samia Ghali 25% puis Patrick Mennucci et Eugène Caselli 25 % face à un Gaudin à 35/36%.

    Reply

  41. maillot de foot

    Ce cas de figure provoque en revanche une érosion significative à droite? mais aussi maillot de foot comité détablissement de lusine dAulnay! le technicien italien a surtout des impératifs sportifs beaucoup plus terre à terre, a été entendu vendredi après-midi par les gendarmes avant dêtre remis à ses maillot officiel rugby? Jean-Marc Ayrault gagne en effectif d arsenal un point de bonnes opinions. segment ultra concurrentiel occupé par liPad mini 7! mais Jo maillot de liverpool été capable de bien servir à ce moment-là. ?Le ?scandale de la viande de cheval a marqué samedi le passage de Fran?ois Hollande au 50e Salon de lagriculture.

    Reply

  44. lunette ray ban

    I similar to the significant details you provide inside of your article content.I’ll bookmark your blog site and check again here repeatedly.I’m quite sure I will gain knowledge of quite a bit of latest stuff best suited listed here! High-quality luck for that upcoming!

    Reply

  49. polo ralph lauren homme

    I think other web site proprietors should take this site as an model, very clean and magnificent user genial style and design, let alone the content. You are an expert in this topic!

    Reply

  50. nike free run 2

    great blog! the information you provide is quiet helpful, why i was not able to find it earlier. anyways i’ve subscribed to your feeds, keep the good work up.

    Reply

  52. nike mercurial vapor

    My developer is trying to convince me to move to .net from PHP. I have always disliked the idea because of the costs. But he’s tryiong none the less. I’ve been using Movable-type on several websites for about a year and am worried about switching to another platform. I have heard very good things about blogengine.net. Is there a way I can transfer all my wordpress posts into it? Any kind of help would be really appreciated!

    Reply

Leave a Comment

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.