The Problem of Deaths at the Mexican Border and why it’s so Hard to Solve

Guest Blogger: Lance Wainwright, first-year law student, University of San Francisco:

The death rate of migrants crossing the Mexican border into U.S. territory has skyrocketed the past several years.  This problem does not have an easy solution, as there are a few key factors that play into this tragedy.  The increase in border patrol enforcement is the first issue that causes the increase of deaths at the border.  The increase in both personnel and technology at the border forces undocumented immigrants to take a longer, more dangerous route if they wish to enter the U.S. without inspection.  The willingness of employers in the U.S. to hire these undocumented immigrants makes the traitorous journey across the border worth the horrific risks.  While there are laws to punish employers caught hiring undocumented workers, over-enforcement of such would leave employers of low-skilled workers without employees, and could lead to economic loss in the U.S. economy.  The constraints on low skilled immigrant visas coupled with the necessity for a large unskilled worker population means that enforcing employer sanctions creates more problems than it would solve. 

In 1994 the U.S. government adopted an immigration policy called “enforcement through deterrence.” (a.k.a. Operation Gatekeeper) This strategy focused on sealing off and strengthening the border which was accessible by El Paso, Tijuana and Nogales.  Increasing the Border Patrol’s strength forced undocumented immigrants to take alternative, more dangerous, routes to avoid inspection at the border.  The death rate at the border had a 27% increase in 2012.  On this already gruesome journey people end up lacking simple necessities, such as food and water, and adding obstacles to this journey has increased the risk of people dying from the lack of the aforementioned necessities.  If this journey is so dangerous and has led to the deaths of so many others, why would undocumented immigrants continue to attempt to cross into the U.S. uninspected?

The answer is work opportunities.  U.S. employers are willing to take the risk of hiring an undocumented worker in exchange for the low pay rate these workers are willing to accept.  Current legislation requires the employer knowingly hired an undocumented worker.  The abundance of fake documentation allows the employers to claim they were unaware of the status of the employee, which is sufficient to defend themselves in a suit for hiring an undocumented employee.  If an employer cannot defend them self in court they could face harsh fines and, for repeat offenders in serious circumstances, jail time. Employers continue to hire undocumented workers, usually avoiding legal consequences, while the employees are often helpless in court and deported to Mexico.  This only creates a demand for more low-skilled workers, and therefore an incentive for undocumented Mexican immigrants to attempt the dangerous voyage across the border uninspected.  While a large amount of the low-skilled workers, coming from Mexico, are working without authorization, a small amount of work-visas are issued.           

Every fiscal year, an allotted amount of work-visas are issued.  These visas are divided into five categories, all of which given higher priority than the low-skilled worker’s.  In 2013, around 5,000 low-skill work visas were issued.  While this number may be a little underestimated and the amount these types of visas has increased since then, the amount of low-skilled work visas needed is still grossly unrepresented by the allotted amount of visas issued.  The reasoning behind issuing so few visas is concern that American citizens will be losing jobs.  While that is a discussion in itself, the bottom line is the high demand of low-skilled positions is not being filled when American citizens have easy access to these opportunities. 

The lack of visas issued creates the fear undocumented workers have of leaving the U.S.  Many of these workers come from harsh conditions and are working in the U.S. to take advantage of better pay and the exchange rate in order to support their families.  They fear that if they return to Mexico they will be unable to gain access to the U.S. again, which could be detrimental to the ability to provide their families with living necessities.  This means more unauthorized immigrants are present in the U.S. at any given time which gives policy makers an excuse to continue increasing the strength at the border. 

Unfortunately, the deaths occurring at the border is a problem that does not seem to have an end.  Focusing on one aspect such as the conditions at the border, prosecuting employers of undocumented workers more harshly or increasing low-skill work visas only seems to enflame each of the other aspects and makes the problem worse.  While this is a complex issue, following current law will only lead to continued death rate increases and more fatalities at the border.   

bh