Frontera NorteSur, April 1999

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) http://www.nmsu.edu/~frontera/feat2.html., and the Border Patrol agency at the US-México border in El Paso (Part II)

A Perspective From The North

The Border Patrol agency agrees with the Mexican Consulate's opinion that recent immigration measures along the border haven't had a major impact in the El Paso area. Rick Lucio, senior patrol agent, and Doug T. Mosier, public affairs officer of the US Border Patrol El Paso sector, talked to FNS about the new challenges that the Border Patrol faces in this region such as people being smuggled. In fact, on March 22, the Border Patrol intercepted a tractor trailer with 107 people inside it. According to the Border Patrol, it is this type of activity that puts people’s lives at risk. Rather than speaking of security measures, Lucio and Mosier talked about a recent implemented strategy, "Operation Hold the Line." For them, this type of strategy is an effort to find a more effective and a more human way to deal with illegal immigration.

FNS: The number of people that have died trying to cross the border has increased. According to the Border Patrol, what factors can be attributed to this fact?

Border Patrol Officers: We have to stop and look at each individual location to see what is happening. Here in El Paso, we cannot talk about a dramatic increase, for example, in apprehensions of people crossing illegally. You hear a lot about people coming from poor countries other than México, and we know that it’s happening to a certain degree. But here in El Paso, we really are not seeing that. It’s different. As of March, we had 54,324 apprehensions. Around this same time last year, we apprehended 54, 919 people. In El Paso, we are experiencing new challenges. We try to stay one step ahead of smuggling organizations whether smuggling drugs or people. Smuggling organizations are putting people in very dangerous situations such as the case of the107 people put in the back of a tractor trailer that was headed for Alburquerque. They were going to be divided up for different destinations, such as Los Angeles, Las Vegas or New York. It concerns us because here you have a case where 107 people are packed in a tractor trailer with no food, no water, no bathroom, no provisions of any kind. We have cases where people have died at the hands of smugglers.

FNS: Is the phenomenon of children crossing the border illegally a new challenge for the Border Patrol?

Border Patrol Officers: It is a challenge, but it’s not anything new from what we have seen in the El Paso sector. Probably between 15 percent and 20 percent of the overall apprehensions are children or juveniles, and most of the time they are accompanied by parents or guardians of some sort. It’s something that we have to take special precaution with because we are dealing with kids. In these instances, we have good working cooperation with the Mexican Consulate.

FNS: Have children been dying in their attempts to cross the border?

Border Patrol Officers: I'm not aware of any case like that, but it is something we always fear. We deal with people running in stressful situations, the two most dangerous being smugglers of people and the bandits along the US- México border. The perception about people that have crossed the border illegally is that they are not afraid of the Border Patrol. In fact, it is quite the contrary. Sometimes if they are running into a problem, they seek the protection of agents because being sent back to México is far a better fate than being robbed or assaulted.

FNS: What are the major causes of death when people illegally cross the border?

Border Patrol Officers: The water currents. Either the Rio Grand or the irrigation channels continue to be the most common avenues where people get into trouble and die, and that’s not something new to this area. Here in El Paso, typically, anywhere from 15 to 25 people per year probably die in the water currents.

FNS: Human rights groups blame the Border Patrol and the strength of increased measures along the border for the deaths of people that cross unlawfully. What is your response to these accusations?

Border Patrol Officers: From our perspective, there is a choice people have to make. First, they make the decision to cross the border illegally; and secondly, to cross in an area that may be dangerous. One thing we are trying to do through public service announcements in México and beyond is to warn people about the dangers they may encounter, whether crossing desert areas, rivers, water currents, freeways or riding the train. Also, the bandits that operate on the US- México border are probably the most dangerous element they face. However, most of the crossings we have in this region are localized in the metropolitan areas. It’s not like in San Diego where people crossing from Tijuana are trying to get to Los Angeles and other places. There are some trouble areas on the border where people are trying to cross in some remote places; but at large in El Paso, we don’t see that. Not to say that at some point that couldn’t happen; but generally, we have very low incidents of people crossing in large groups in the middle of nowhere. It’s just not happening that much.

FNS: Is the Border Patrol implementing any measures to prevent fatalities?

Border Patrol Officers: Our best tool is education. The Mexican government is working with us and not just in El Paso, but in all the sectors of the Southern border, to try to warn people that smugglers trick people. They say that, for a fee, they can take people through safe avenues into the US. Also, the fact that a lot of incidents that occur in this area are in the water, whether it be in the channels or in the river, makes it standard procedure now for the agents to carry protection devices and first aid kits, so they are able to assist people. People don't realize that the strategy called "Hold The Line" allows us to put people along the immediate border 24 hours a day which gives us the ability to quickly respond to people who may be in distress. Last year, we had a total of 93 rescues from the irrigation channels. That’s 93 lives saved because agents were out there on the border and they were able to throw the flotation devices and physically pull them from the water. There is no doubt they would have drowned without this help.

FNS: There are instances in which people have complained of being abused by the Border Patrol. How does this agency deal with these complaints?

Border Patrol Officers: We take any allegation of misconduct seriously, no matter who it is or what the circumstances are. We investigate every single allegation of misconduct whether it be verbal or physical. You have to have safeguards within the agency and an investigative branch that is able to do that. If we didn't have that you would find the border patrol's image and the accusations to be much more challenged than it is. We just don't hear those allegations much anymore. There was a time where we dealt with large volumes of apprehensions back in 1993 before operation "Hold the Line." But in reducing the amount of apprehensions, the allegations of abuses has almost disappeared. The situation in El Paso is such that we hardly ever hear allegations or complaints. Not that it never happens, we don't say that, but you will find that the track record for the agency, particularly the Border Patrol, is very respectful and it has to be because we live in a fish bowl. Everything we do is very closely watched, not just by the special interests groups, but by the community, the media, everyone involved. We just don't believe that the perception out there is that we are abusive, if it were like that, it would be surfacing in the news reports.

As an agency, we feel like the complaint process is very important, we encourage people to file complaints if they feel they have been mistreated either verbally or physically because without that you cannot have a strong sense of accountability. Sometimes people fear coming to the agency with these complaints, but if they don't want to do that, they can go to many other venues such as the Mexican Consulate or another federal agencies. The problem is that sometimes we hear reports from special interest groups about complaints of allegations in El Paso, but if there is not record of any complaint being filed, how in the world can we investigate those as an agency?

FNS: Some human rights groups say that the border is like a war zone because there are so many border patrol officers and more security measures. Are there more border patrol officers in El Paso?

Border Patrol Officers: We have more than we had in 1993 and we have been able to reinforce the measures. It is more that we changed our strategy in 1993. We look for illegal immigration within the city, on patrol in the downtown area. These measures today are more peaceful, more quiet, more manageable, and the quality of life along this border on both sides has improved as a result of this strategy called "Hold the Line." In El Paso, we don't have to deal with the chaos of trying to round up large volumes of people making a run for the downtown area. We don't have the arms confrontation, we don't have the allegations of physical or verbal abuse. What more can you ask for a strategy that is very simple in design and has been very effective? It is completely revolutionized, the way that INS and the Border Patrol conduct business on the border, and it is in everyone’s best interest. The Mexican Government and other governments around the world are very interested in protecting their sovereignty as well, so México understands the importance of this strategy and why we do what we do. They too will agree that this is probably the most human approach and strategy to deal with the problem of immigration.