Civilian Policing of The Southern Border

Guest blogger: Diana Mariscal, law student, University of San Francisco

                Since taking office, Donald Trump has on multiple occasions made headlines for the militarization of the border. We have seen increased presence justified by the federal government on the increase of flow of migrants epitomized by the Central American caravans in the last year. Through Twitter, the president has threatened to close the southern border at various times—recently because of confrontation with Mexican soldiers at the border.  Whether it be news on his promised border wall/fence/barrier or the increasing presence of troops in the area, he continues to portray the southern border as a dangerous place that needs protection to prevent more significant danger to the whole nation. Concurrent with the increase of patrolling of the border, there has also been an increase display of private citizens against immigration. This is not a new phenomenon; in fact, Trump and other anti-immigrant groups expect and rely on this effect. Since the 1970s, the media drew attention to immigration, with the language of an immigration “threat.” The way that migration was described then ignored the previous immigration pattern where undocumented immigrants were less likely to stay in the United States, and the flow of entries and departures was consistent. These descriptions of the immigration situation in the United States, focused almost exclusively on the Southwestern border and the immigrants that posed a threat were pictured and alluded to were of Mexican or Latino descent.

     Given the media portrayal, the rise of vigilante groups is again almost expected by those pushing these narratives. Immigrants are portrayed as here to steal jobs from Americans and bringing a violent and lawless culture, and threatening the American economy, safety, and to no small extent American identity.  These narratives of immigrants as the enemy led militias and surveillance groups to gain popularity and draw media attention. In the early 2000s, the Minuteman Project gained national recognition. The group was a militia formed by veterans who had military training and access to weapons that had the stated purpose of protecting the southern border of the country. They felt that the government at the time was not enforcing immigration laws or safeguarding the border.  Under the guise of patriotism and civic duty, they claimed to be enforcing immigration law by their presence at the border.  In reality, they were engaged in publicity stunts, and their presence did not show any significant effect.

Increased focus on the southern border has exposed continued civilian militia presence. Recently, new groups seemed to pick up where the Minuteman project left off. The United Constitutional Patriots group operating in New Mexico claims to provide a civic service by assisting immigration enforcement to deal with the influx of entries into the United States. In this group we again see taints of military elements: members are dressed in military clothing and carry handguns. This group recently made the news for “detaining” nearly 300 migrants as they crossed the border. They have essentially kidnapped migrants and held them hostage and posted videos of this online. Unfortunately, there seems to be desensitization to how migrants are treated.  We can distinguish the recent group from the Minutemen because, in the earlier period, the group claimed to be protecting the border because the federal government was not doing its part. Now, this group seems to feel empowered by the president’s anti-immigrant rhetoric. They claim that they are protecting the border until Trump’s wall is in place. They have taken unacceptable steps and don’t have to follow any of the protocols in place because they are not part of the government. They are making their own rules on how to deal with the issue of immigrants without considering people’s human rights and the right to seek asylum. While there was temporary outrage over the government’s treatment and even caging of detained children, there are still a lot of inhumane situations faced by migrants, and the news media merely has moved to the next headlines. Officially, Customs and Border Protection has said they do not endorse or condone these groups taking matters into their own hands and have even filed charges against one of its leaders. However, the charges filed were for illegal weapon and ammunition possession; not related to the kidnapping of migrants.

            Racial profiling among immigrants is also on the rise because of the anti-immigrant sentiment. The Canadian border is often disregarded in the discourse of public safety and threats of immigration. Increased immigration enforcement and increased civilian patrolling of the southern border harms immigrants, but does not alter or deter the migrants. The efforts do, however, make it riskier and force migrants to face even more inhumane conditions as they cross the border. In reality, people who have no other option but to attempt to come to the United States, face more significant dangers, when and if they are successful in entering the United States, they are more likely to stay in the United States longer or not return to their native countries at all because they cannot afford the physical and economic costs of trying to enter once more.  It’s important to remember that most members of the caravans and recent migrants are coming to the United States to seek asylum. Throughout our country’s history, we have seen that the immigration situation cannot be changed by solely trying to control the border or building a wall. It is a complicated situation that requires attention to both domestic and foreign matters as well as policies that address the real conditions people face in their home countries.

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