Pressures U.S. places on Mexico to Curb Regional Illegal Migration

Evelyn H. CruzArizona State University-College of Law

August 2011

Relations between the Countries (Overview)1980’s Laissez Fair or Benign Neglect—US

completely ignored Mexico in passing IRCA1990’s Crisis Management—US negotiated

NAFTA avoiding issues of human migration and enacted severe restrictions on public assistance and on immigration relief.

2000’s short bilateralism era was ended by 9/11 and the resulting war on terror. Focus completely on creating a buffer to protect against terrorism.

Current impact of US Immigration Policy on MexicoThe US tends to focus almost all its resources

on militarizing and enhancing border security resulting in a dangerous environment for border crossers, giving way to the growth of human smuggling and drug organizations.

Border towns are micro-economies that benefit both sides of the border-but may burden Mexico more than U.S. (environmental, crime, contraband from U.S.)

Examples of US Unilateral Border Initiatives1993 Operation Hold the Line-TX/MX

southern border.1994 Operation Gatekeeper—CA/MX2004 Arizona Border Control Initiative (ABC)2007 Operation Gatekeeper II-a wall.

The 90’s Bilateral Border Control AgreementsMexico/US

1996 MOU on Consular Protection1997 Joint Declaration on Migration1998 MOU between CONAPO and INS1999 MOU on Cooperation Against Border

ViolenceCanada/US

1995 Shared Accord on our Border1997 Border Vision1997 Cross-Border Crime Forum1999 Canada-US Partnership Process

Bilateral Action-The “Big One”: NAFTANAFTA enhanced some aspects of Mexico’s

overall economic indicators (Trade rose from $49 Billion in 1994 to $210 Billion in 2007).

NAFTA subsidies in the corn industry and other agricultural products put many Mexican farmers and small business out of business and forced immigration North.

BUT NAFTA did not address the movement of people across MX-US border even to the extent of the movement between CN-US border.

2002 US/Canada SMART Border Agreement vs. 2002 US/Mexico SMART Border AgreementMexico: “Establish a joint advance passenger

information exchange mechanism; explore methods to facilitate the movement of NAFTA travelers; reaffirm mutual commitment to Border Security initiative; continue frequent consultation on visa policies.

Canada: Jointly develop…common biometric identifiers in documentation; resume NEXUS pilot project; share advance passenger information; develop joint automated database.

Why Canada’s more measurable and concrete?

Successes of the 2002 MX-US AccordsDeeper cooperation with U.S. governmentCreation of Mexican working groups and task

forces on migration.Training of officials on fraud, surveillance,

and intelligence.Better protection of infrastructure from

terrorism.Participation in US TIPOFF System which

tracks suspected terrorists.

Shortcomings of 2002 MX-US AccordsBottlenecks at ports of entry for Mexican goods to

U.S. but easier for U.S. to enter Mexico (therefore guns, cash, and untaxed merchandise is entering Mexico from U.S.)

Slow funding processDoes not address migration problemDrained energy from other pre-existing agreements

and prioritiesAgreement too focus on US interests disregarding

some Mexican priorities.Seguridad means both security and safety—US sees

the first but not the second.

Unfulfilled ExpectationsMexico and the United States had different

ideas of what a border agreement should be.The United States retained power to take

decisions and execute plans unilaterally.The primary goal of the U.S. is to control but

not necessarily end undocumented workers entry. But they often speak otherwise or hint to a “future” resolution.

The United States wants to use Mexico as a security buffer zone.

Unfulfilled ExpectationsMexico and Canada expected to receive

better movement of goods and persons in exchange for their collaboration.

But for U.S. the priority from the MX-US accord was better border infrastructure and for the CN-US was the secured flow of persons.

Canada v. MexicoIt remains difficult and lengthy for a Mexican

National to get a visa to the United States and work visas are out of reach for most unskilled workers. Meanwhile the process for Canadians to enter the U.S. has improved

Shadow Players in negotiating for Border CooperationHistorical distrust between the two countries.The growing involvement of US states in the

immigration debate.Low (US) public opinion of Mexico’s attempts

to curb illegal immigration.

Mexico’s unsung work to deter unauthorized immigrationMigration is beneficial to Mexico's economy.

Even so Mexican have carried out a number of programs to disua.de immigration—such as public service announcements regarding dangers, assistance to migrants, some crackdown on migrant predators.

Mexico has significantly increased repatriation of non Mexicans on both northern and southern border.

Engaged in a drug war where the largest problem is out of their control—U.S. demand

Suggestions for better CooperationDefine a mutually beneficial long-term vision of

North American integrationReduce American tendency to react unilaterallyAddress specific historical and economic

causes of the continued flow of migrants headed North.

Improve Border customer service—ease travel for goods and people.

Public education –overcome assumptions, egocentricity, and misperceptions of partner countries.