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 Frontera NorteSur, April 1999



HUMAN RIGHTS ON THE BORDER
Part I, A Perspective From The South


Claudia Vallejo, FNS Staff Writer

Every year hundreds of people try to illegally enter the US and in their attempt, many of them lose their lives. These types of casualties have been increasing along the US-México border over the last five years, a fact that has attracted national attention. According to some, the deaths stem, in part, from a US border strategy aimed at pushing illegal crossers, adults as well as children, into risky areas. The border has a larger number of border patrol officers than ever. In 1996, President Clinton allocated $400 million to hire 1,000 new Border Patrol agents and 350 border inspectors to enforce US immigration laws. Security measures have also been strengthened. Besides the traditional wire fences, the border now has high tech systems such as video cameras and computer circuits. However, Border Patrol officials say that it's the bandits and people smugglers that are the greatest dangers faced by illegal crossers. Are these measures by the Border Patrol attempts against human rights? What is the Border Patrol's take on these measures? Is there a way to prevent more fatalities? How are these measures affecting the specific border region between El Paso and Ciudad Juárez?

In a continuing special report by FNS these questions and other issues of human rights and immigration were discussed with the Mexican Consulate in El Paso (Part I), and the Border Patrol agency at the US-México border in El Paso (Part II) http://www.nmsu.edu/~frontera/feat7.html.

A Perspective From the South

According to Anibal Gómez Toledo, consul for the protection of Mexican citizens, the situation between El Paso and Ciudad Juárez differs from other regions of the border. He explained that even though the security has been tightened along the border, measures in El Paso have not been severely strengthened, therefore he couldn't speak to major impacts on this specific region. Gómez Toledo did talk, however, about how the consulate in El Paso is protecting and reacting against these measures that affect the lives of many people, including children (one of the new patterns of the migration phenomenon) along the 2,000 miles of the border.

FNS: Does the Mexican Consulate believe that immigrants illegally crossing the border are dying because of recently increased border measures?

Gómez: First, I would like to clarify an important point. Even though the border presents similar characteristics, not every region in the border is the same. The border in Ciudad Juárez and El Paso is very different from the border in San Diego/ Tijuana, or Matamoros/ Brownsville. The Mexican government is worried about the number of people dying when crossing the border without proper documentation. We believe that this situation is generated, in part, as a consequence of the physical barriers that have been installed along the border.

FNS: Has the Mexican Consulate in El Paso protested the increase of border patrol officers and similar measures that may, in fact, put the lives of people looking for a way to enter the US at risk?

Gómez: With respect to the political decisions related to immigration issues, these positions are assumed by the Mexican government as a central authority, in this case the Mexican Secretary of Foreign Affairs. It would be too provocative, as a consulate, to assume a strong position because the position of the Mexican government is solid and firm. But in general we consider these policies as inappropriate. The recent measures are not the best solution for the good understanding and consequences of the migratory phenomenon. If the Mexican Consulate believes that actions from the immigration authority or other institutions, in our circumscription, hurt and affect our citizens’ interests, we assume positions as energeticly as necessary. We don't assume strong positions if things don't exist. We have the firm conviction that a dialogue, a better communication, will help us to understand the phenomenon better than an open confrontation. However, if there is something that is hurting our citizens, like the operation "Last Call," the consulate would energetically protest.

FNS: How are border patrol measures affecting the area between El Paso and Ciudad Juárez?

Gómez: From the 1,000 agents that are said to be coming to the border, there is only going to be between 20 to 25 officers in El Paso. That's really a reduced number of border patrol officers, so the situation in El Paso is not going to change drastically.

FNS: Human Rights groups not only blame the U.S. government for recent border policies, but they also point fingers at the Mexican government for, one way or another, backing up these policies. How much weight does the Mexican government carry in these fatalities and any future ones?

Gómez: Many people think that the Mexican Consulate or the Mexican government is assuming a passive position, but as I told you we don't have to create a confrontation. If there exists a case that hurts Mexicans and therefore hurts our institution and take our government, we assume all the responsibility and as strong position as necessary.

FNS: There was a proposal to create a law enforcement group on the Mexican side of the border. Do you think that this group will force people to cross the border along more dangerous paths?

Gómez: No. To the contrary, that's going to help to avoid criminal acts against Mexican immigrants and others as well. A few days after the announcement of the creation of the preventive federal police, some newspapers spread the information that on the Mexican side there was going to be a Mexican border patrol established, but that is incorrect. There will be the formation of a federal police for prevention in México, a group that will operate throughout the whole Mexican territory, the Southern as well as in the Northern borders. But it is going to be a federal police for preventive measures against crime.

FNS: How exactly is that going to affect the US-México border?

Gómez: The immigrants are exposed to different risks, either inside México or when crossing the border. There are some criminal organizations that abuse immigrants, beating or assaulting them. A body of federal police officers is going to act as a preventive force to avoid this wave of crime along the border.

FNS: The migratory phenomenon presents different characteristics today. Whole families risk their lives just to enter the US. There is also an increase in the number of children crossing the border illegally. Are there any recent statistics on the number of children that have died crossing the border?

Gómez: The average victim is between 25 and 35 years old. However, every time a child is apprehended, we are immediately notified by the Border Patrol. We have established efficient means of communication with them throughout a video-conference system. This has saved us a lot of time with the interview and the process of repatriation. The number of underage immigrants crossing the border is stable, but with a tendency to increase. In the last three years, the consulate has, on the average, interviewed approximately 1,500 children every year. In 1997, we interviewed 1,460 children approximately and in 1998, we interviewed 1,700 children. This year, there have been 400 underage immigrants interviewed so far.

FNS: Has the consulate received complaints about children being abused by border patrol officers?

Gómez: These problems are not typical in El Paso. There are exceptions, but they are sporadic and minor incidents that are, sometimes, related to verbal mistreatment. We have insisted, not only to the youth, but to the Mexican population in general that has experienced mistreatment by immigration or border patrol officers, that they must record these incidents. When the accusations are only verbal, the words are carried away by the wind... With the Riverside case in Los Angeles, for example, even though there was someone taping it, there wasn't a satisfactory outcome for the Mexican government. Just imagine what would happen if, in other cases, there was not any evidence at all.