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United States United States - Mexico Walls, Abuses, and Deaths at the Borders Flagrant Violations of the Rights of Undocumented Migrants on their Way to the United States FIDH’s photo 2007 March 2008 - N°488/2 United States - Mexico Walls, Abuses, and Deaths at the Borders Table of Contents INTRODUCTION...........................................................................................................................................................4 1. Mission’s Agenda ......................................................................................................................................................4 2. Acknowledgments.....................................................................................................................................................6 I GENERAL CONTEXT OF THE MIGRATION FLOWS BETWEEN CENTRAL AMERICA, MEXICO, AND THE UNITED STATES .........................................................................................................................................................7 1. Mass Migration Due to Multiple Causes ..................................................................................................................8 2. Inconsistent National Policies which Infringe on Human Rights ............................................................................10 II LEGAL FRAMEWORK ...........................................................................................................................................16 1. Mexican Legislation ................................................................................................................................................16 2. U.S. Legal Framework for Immigration...................................................................................................................16 III FINDINGS OF THE MISSION ...............................................................................................................................18 1. Border Crossing Conditions ...................................................................................................................................18 a) Mexico’s Southern Border: Chiapas’ Example .................................................................................................18 b) The Southern Border of the United Sates: Arizona’s Example .........................................................................21 2. Serious Violations of Human Rights During Migrants’ Interceptions in Total Impunity .........................................22 a) Situation in Mexico............................................................................................................................................22 b) Arrests at the Southern Border of the U.S. by the U.S. Border Patrol: Abuse, Impunity, and Insecurity .........28 3. Detention and Deportation Conditions ...................................................................................................................33 a) Detention and Deportation Conditions in Mexico..............................................................................................33 i. Migration Stations / Administrative Detention Centers ................................................................................33 ii. Conditions of Deportation of Migrants to Central American Countries.........................................................35 b) In the United States: Criminal Prosecution, Removal Proceedings, and Detention Conditions of Immigrants 38 Fact-Finding Mission’s Conclusions .....................................................................................................................48 Recommendations to the Governments of Mexico and the United States .........................................................51 Annex I - International Regulations on Migration .................................................................................................54 FIDH / 3 United States - Mexico Walls, Abuses, and Deaths at the Borders INTRODUCTION The International Federation of Human Rights (FIDH) is a The vulnerability of the undocumented migrants is non-governmental, apolitical, nonsectarian, nonprofit especially obvious in the southern border of Mexico (with international organization, of recognized public interest. Guatemala) and in the southern border of the United FIDH aims to promote the application of all the rights States (with Mexico). Such vulnerability is a result of their provided for in the Universal Declaration of Human Rights foreigner status and frequently from being victims of and other international instruments created to protect people smuggling and trade. FIDH considered necessary such rights. to carry out research in both areas with the purpose of viewing and documenting the serious violations of human FIDH, created in 1922, is currently comprised of 155 rights that usually affect migrants of the region, as well as human rights organizations in about 100 countries. It highlighting the pressing need to turn the implementation coordinates and supports their actions, particularly by of human rights into the first priority of the migration flow collaborating in the international sphere. The member schemes in these two countries. organizations of FIDH in Mexico are the Mexican League for the Defense of Human Rights (LIMEDDH) and the 1. Mission’s Agenda Mexican Commission for the Defense and Promotion of Human Rights (CMDPDH); in Guatemala, the Center for FIDH’s mission was developed from February 25th to Legal Action in Human Rights (CALDH) and the March 13th, 2007. The people in charge were Geneviève Commission of Human Rights of Guatemala (CDHG); and Jacques, Economist and former director of La Cimade in the United States, the Center for Constitutional Rights (Ecumenical center for migrants) Vilma Núñez, Vice (CCR). President of FIDH and President of the Nicaraguan Center for Human Rights (CENIDH), Jimena Demougin-Reyes, FIDH has a consulting status with the United Nations, Director of the Americas Division of FIDH, and Claire OAS, UNESCO and the European Council, and an Tixeire, FIDH representative before the United Nations in observer status with the African Commission of Human New York. and Peoples’ Rights. During this mission interviews were held with several As a part of its mandate, FIDH conducts international institutional representatives (national, regional and local) judicial research and observation missions periodically. and members of civil society1: These are aimed at giving elements of judgment on human rights violations to the public opinion and the In Tapachula international community, at contributing to improve human rights promotion and protection standards, the protection Albergue Belén with Father Flor María Rigoni. of victims and the strengthening of the work of human Albergue del Buen Pastor with Donar Antonio Ramírez. rights’ advocates. Centro de Derechos Humanos Fray Matías de Córdova (Human Rights Center) with Fermina Rodríguez Nolasco. The mission and investigation object of this report is in line Migration station: detention center of the regional office of with FIDH Campaign on Migrations and Human Rights the National Migration Institute (Instituto Nacional de launched in December 2007 on the occasion of the 60th Migración - INM), with Manuel Cobo and Alejandro De anniversary of the Universal Declaration of Human Rights Gyves Cifuentes. and until December 2008. Una mano amiga en la lucha contra el sida with Rosemberg and Yadira. One of the central themes of the campaign is the relation Save the Children, with Carlos Bermúdez Cortes. between the legitimate sovereignty of the United States Por la superación de la mujer with OLE, Elsa Simón and the essential respect for the fundamental rights of Ortega. migrants, especially the right to life, physical integrity, Sin Fronteras with Santiago Martínez Junco (Adviser). effective proceedings and respect for private and family Shelter of the Human Development Institute. life. Office of the National Human Rights Commission (CNDH) FIDH / 4 United States - Mexico Walls, Abuses, and Deaths at the Borders with Héctor Pérez García. Children Foster Care, Center for Migrants. Grupo Beta de protección al migrante (Beta Group for Sister Liliana Alam, Executive Director of Las Americas. Migrants Protection) with Francisco Aceves Verango. Annunciation House (House for Migrants). In Ciudad Hidalgo and Tecún Umán In Ciudad Juárez Tecún Umán’s House for Migrants with Walter Arraiga Migrants’Human Rights Center with Blanca Navarrete and Najera. Diana Morales. Alfredo Valladares, Guatemala’s Consul. Migration Station. Detention Center of the regional office of the National Migration Institute (INM) with Jorge Barragán, In Arriaga Jesús Moreno Cano and Hirosaki Lopez Pedroza. National Migration Institute with Julieta Núñez. House for Migrants with Father Vázquez. In Mexico D. F. In Tuxtla Gutierrez National Migration Institute (INM) with Hugo Rodríguez Migration Station. Nicolat and Rolando Garcia Alonso. Ministry of Public Safety of Chiapas, with Schroder and Member of Parliament Omeheira López Reyna, President Daniel Roque Figueroa. of the Parliament’s Human Rights Commission. Migration Station of Ixtapalapa, Detention Center of the In Florence and Tucson, Arizona regional office of the National Migration Institute (INM), with Francisco Rodríguez, Jose Israel Cardenas Mark R. Rios, Patrol Agent in Charge, and Lisa Reed, Ministry of Foreign Affairs with Minister Rodrigo Labardini Community Relations, of the Tucson Border
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