On October 6, authorities say at least 18 migrants from Venezuela and Peru were found dead following a bus crash in southern Mexico. This was only the latest news in a string of deaths relating to the rapidly increasing migration patterns from South and Central America toward the United States Border. Mexico prohibits migrants from buying tickets for regular buses without the proper documentation. Oftentimes, migrants are forced to hire smugglers to drive poorly maintained buses at dangerously high speeds to avoid inspection.
These tragedies are the day-to-day realities for many migrants making their journey north to the United States. One of the largest incidents was the June 2022 tragedy, often described as the deadliest human smuggling incident in US history, which left 53 migrants dead in an abandoned semi-truck in San Antonio, Texas. Several men were later indicted for their connection to the smuggling operation, including one Christian Martinez, who pleaded guilty to the charges. The U.S. Attorney’s office said that Martinez, along with three others, “coordinated, facilitated, passed messages, and made each other aware of the tractor-trailer’s progress.”
Obstacles in the US Immigration System
Barriers in the current U.S. immigration system force individuals, such as those involved in the San Antonio tragedy, to resort to human smuggling as an alternative solution, subjecting them to the mercy of unlawful facilitators, dangerous routes, and exorbitant fees. In an effort to counter these efforts, the Biden Administration launched their “Counter Human Smuggler” campaign just last year in April of 2022. Led by the Department of Homeland Security (DHS), the effort aims to disrupt and dismantle the current human smuggling networks. However well-intentioned this campaign may be, the issues of the present U.S. Immigration System and its complexities still remain unaddressed.
One example of these barriers lies in the ineffective nature of immigration law. In a court of law, the burden of proof always rests on the prosecution or the plaintiff. What this means is that the defendant will always be innocent until proven guilty by the government. In an immigration court, however, the burden of proof lies on the immigrants; immigrants are guilty until proven innocent. In addition, the shifting of the burden also means that the government has no responsibility to prove its reasons for keeping someone out of their country. Instead, it lies solely on the immigrants and their sponsors to provide clear and convincing evidence that they will not pose a problem.
Push for Immigration Reform on Both Sides
Progress made in finding effective solutions for immigrant populations entering the United States remains a significant challenge during the Biden administration. The Biden administration has just recently announced their plans to expand former President Donald Trump’s wall on the Mexican-United States border. In an effort to cut down on the surge of migration, thousands of Venezuelans will also be deported to address the limited ability to house and feed migrants in cities such as New York City and Chicago. Despite the President’s criticisms of the wall, stating that it is “not a serious policy solution,” the administration has waived more than 20 federal legal regulations to expedite the construction of the border. Several of these federal laws include the Clean Air Act, the Safe Drinking Water Act, and the Endangered Species Act, all begging the question of what else will be sacrificed at the expense of this wall.
Currently, both Democrats and Republicans are calling for President Biden to address the present immigration situation. New York City Mayor Eric Adams said that while he still wants to embrace immigrants and immigration in New York City, there is a financial burden of the current crisis that could hurt the city’s economy. On the other hand, Republicans such as GOP candidate Vivek Ramaswamy are calling for more aggressive tactics to contain immigration. Despite being a birthright citizen himself, Ramaswamy argues that the United States Immigration System should go as far as to deport American-born citizens of undocumented immigrants.
The harrowing incidents of migrant fatalities, such as the bus smuggling tragedy in San Antonio, underscore the urgent need for comprehensive reforms in the U.S. immigration system. While the Biden Administration’s effort towards the Counter Human Smuggler campaign represents a step toward disrupting illicit networks, the persisting challenges may call for a more nuanced approach. The difficult nature surrounding immigration, steps toward expanding the border wall, and the increase in deportation efforts all illuminate the complex nature of U.S. immigration. As politicians from both parties call for action, they underscore the necessity for a collective bipartisan effort to address these problems. Achieving a delicate balance between security and compassion is crucial, requiring not only policy adjustments but also a collective commitment to safeguard the rights and well-being of those undertaking perilous journeys. Only through comprehensive immigration reform can the United States reconcile its historical identity as a nation of immigrants with the challenges of an evolving global landscape.