MANAGING BORDERS in an INCREASINGLY BORDERLESS WORLD Randall Hansen and Demetrios G
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MANAGING BORDERS IN AN INCREASINGLY BORDERLESS WORLD Randall Hansen and Demetrios G. Papademetriou, Editors November 2013 © 2013 Migration Policy Institute All Rights Reserved. No part of this publication may be reproduced or transmitted in any form by any means, electronic or mechanical, including photocopy, or any information storage and retrieval system, without permission from the Migration Policy Institute. Permission for reproducing excerpts from this volume can be found at www.migrationpolicy.org/about/copy.php. Inquiries can also be directed to: Permissions Department, Migration Policy Institute, 1400 16th Street, NW, Suite 300, Washington, DC 20036, or by contacting [email protected]. Library of Congress Cataloging-in-Publication Data Managing borders in an increasingly borderless world / edited by Randall Hansen and Demetrios G. Papademetriou. pages cm Includes bibliographical references. ISBN 978-0-9831591-2-4 1. Border Security. 2. Boundaries. 3. Globalization. 4. Emigration and Immigration--Government policy. I. Hansen, Randall. II. Papademetriou, Demetrios G. HV6181.M36 2013 325--dc23 2013022842 Library and Archives Canada Cataloguing in Publication Managing borders in an increasingly borderless world / Randall Hansen and Demetrios G. Papademe- triou, editors. Includes bibliographical references. ISBN 978-0-9831591-2-4 (pbk.) 1. Border security--Case studies. I. Hansen, Randall, author, editor of compilation II. Papademetriou, Demetrios G., author, editor of compilation III. Migration Policy Institute, issuing body JV6225.M35 2013 320.1’2 C2013-905305-0 Cover Design: April Siruno, MPI Cover Photo: Modified version of “World Map” by Comstock images, via Photos.com, Image ID 78492474. Typesetting: Erin Perkins, LeafDev Suggested citation: Hansen, Randall and Demetrios G. Papademetriou, eds. 2013. Managing Borders in an Increasingly Borderless World. Washington, DC: Migration Policy Institute. Printed in the United States of America. TABLE OF CONTENTS FOREWORD ..........................................................................................................1 Randall Hansen and Demetrios G. Papademetriou CHAPTER 1: Securing Borders: The Intended, Unintended, and Perverse Consequences .................................................................................................3 Randall Hansen and Demetrios G. Papademetriou CHAPTER 2: Challenges to the Common European Asylum System: The Dublin Rules Under Judicial Pressure ...................................................23 Kay Hailbronner CHAPTER 3: Border Insecurity in Central America’s Northern Triangle ...........45 Ralph Espach and Daniel Haering CHAPTER 4: Human Smuggling and Trafficking into Europe: A Comparative Perspective ..........................................................................69 Louise Shelley CHAPTER 5: North America’s Borders: Finding the Future ...............................95 Brian Grant and Christopher Sands CHAPTER 6: Faltering Schengen Cooperation? The Challenges to Maintaining a Stable System ........................................ 107 Elizabeth Collett ACKNOWLEDGMENTS .................................................................................... 133 ABOUT THE EDITORS AND AUTHORS .......................................................... 135 ABOUT THE MIGRATION POLICY INSTITUTE .............................................. 139 ABOUT THE MUNK SCHOOL OF GLOBAL AFFAIRS, UNIVERSITY OF TORONTO...................................................................... 140 FOREWORD As this volume goes to print, the United States is closer to passing large-scale immigration reform than at any time in the past three decades, with border control at the very heart of this debate. Indeed, the success of comprehensive immigration reform is entirely contin- gent upon guaranteeing, or at least convincing a still-anxious public, that there is a secure southern border — even if there is no agreement on what “success” in this regard might look like. This volume showcases approaches toward border management in Europe, Central America, these regions face in managing their borders. and North America, and reflects on the challenges that countries in In an ideal world, secure borders would ensure that the movements we want — such as legal goods, tourists, students, and business people such as terrorists, drugs, weapons, and unauthorized migrants — are —blocked. can flow Given unimpeded that there across is no borders,single policy while tool unwanted that alone movements can achieve — this result, governments must deploy an elusive combination of policies and programs, depending on the context. Countries face an array of challenges to securing their borders, com- attract smugglers. As long as there is demand to cross, there will be plicated by the underlying paradox that fortified borders inherently movement. people who profit by evading border controls and facilitating this In today’s climate of increasing globalization and technological inno- vation, borders are not just physical barriers through which goods international business connections. As such, border security policy is andexpanding people tocross, include but sophisticatedvirtual sites of intelligence cash transfers, gathering trade andflows, analysis and to intercept illicit transactions before they reach the border. Addition- ally, innovations like the United States’ Global Entry program allow expedited clearance for pre-approved, low-risk travelers — highlight- ing how border security efforts are increasingly located beyond the physical border between countries. In Europe, the central challenge lies in the need for European Union countries to balance their national interests with those of greater regional cooperation. However, northern and southern Member States often take differing views on what constitutes equitable burden- sharing. Attempts to manage borders in Central America’s Northern Triangle (Guatemala, Honduras, and El Salvador) are complicated by widespread corruption, weak institutions, and a coordination gap between relevant agencies and national and local governments across and within countries. FOREWORD 1 In North America, Canada, Mexico, and the United States have struggled to fortify the border post-9/11, including instituting new technology, which has brought with it an amalgam of challenges and controversies. This edited volume brings together perspectives from both sides of the Atlantic on what border security means in practice, the solutions that continue to evade policymakers, and what policies have been the most (and least) successful in the pursuit of “secure” borders. While border management contexts vary throughout the world, they share at least one commonality: at the core, strong states and institutions are funda- mental to secure borders. Randall Hansen Demetrios G. Papademetriou University of Toronto Migration Policy Institute 2 MANAGING BORDERS IN AN INCREASINGLY BORDERLESS WORLD CHAPTER 1 SECURING BORDERS: THE INTENDED, UNINTENDED, AND PERVERSE CONSEQUENCES Randall Hansen University of Toronto Demetrios G. Papademetriou Migration Policy Institute I. Introduction his chapter outlines the security-related challenges that borders are intended to address and, in turn, the perverse consequences T(both predictable and not) that tighter border enforcement generates. It approaches the topic of borders and security thematically, outlining the major security issues faced by most states. Country-spe- the consequences of efforts to control borders. These challenges are cific examples are used to illustrate these difficulties. It then considers grouped under five categories: terrorism, asylum, human smuggling and trafficking, illegal migration, and drug trafficking. Thethe character chapter proceeds of borders in threeas a policy steps. area. First, Second, it begins it reviews with definitional the major andchallenges conceptual that statesissues, face defining in securing borders borders. and security Finally, and it outlinesreflecting on policy recommendations for discussion purposes. SECURING BORDERS: THE INTENDED, UNINTENDED, AND PERVERSE CONSEQUENCES 3 II. Defining Borders and Security There is a basic — and constantly evolving1 — relationship between borders and security. Borders delineate the boundaries of sovereign states. As no state is hermetically sealed, and all are effectively open for legitimate trade and transactions such as money transfers, borders United Kingdom’s borders in the late Victorian period were as porous areas possible, porous — since though there to was what effectively degree varies no control greatly. on For the example, movement the Central America and Central Asia are virtually unpatrolled. The of people or goods. In a contemporary context, most borders within almost no permanent movement, were as restricted as possible (as are bordersNorth Korea’s of the bordersSoviet Union, today). which And thereallowed are a manytrickle points of temporary in between. and All border policies aim for two sets of related goals. First, they want tourists, some categories of students, business people, and certain tocategories ensure that of migrants) movement is deemedunimpeded; beneficial while (e.g.,unwanted of legal movement goods, most (of drugs, other unauthorized goods, and unauthorized migrants) is blocked. The costs of failed border policy can be enormous. After the September 11, 2001 attacks, the United States responded by grounding allvehicle-based flights and tradeessentially between closing Canada its