Border Safety Lawyers

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 Border Safety Lawyers

An increasing number of migrants appear at the US-Mexico border as conditions deteriorate in Latin America. In July 2022 the US Border Patrol made more than 181,000 arrests on the U.S.’s southern border.

As most people know, illegal immigrants from Mexico and Central America have to cross miles of open, unoccupied desert before they reach civilization. Migrants face treacherous terrain when crossing the border. The risks of such illegal crossings include:

  • Heat exhaustion
  • Hypothermia
  • Dehydration
  • Disorientation
  • Extreme and brutal cold in the winter
  • Dangerous river currents
  • Dangerous terrain
  • Falling from high border walls

Fiscal year 2022 was the deadliest year ever for migrants trying to cross the U.S. – Mexico border. According to Border Patrol figures, in 2022 more than 800 migrants died attempting to cross into the U.S. over the southern border, a record that surpasses 2021’s total by more than 200 people. These figures don’t capture all deaths, as other state and local agencies may recover bodies without Border Patrol involvement. The true number of deaths is likely higher.

Migrants also face threats from the people who are supposedly helping them get into the United States. Immigration authorities say that there are criminal organizations that smuggle migrants over the border and then abandon them in remote and dangerous areas, leading to a rise in the number of deaths. For example, in June 2022, 53 migrants were found dead in the back of a sweltering abandoned tractor trailer near San Antonio.

What is the Border Safety Initiative?

For decades, U.S. administrations embraced a border strategy known as “prevention through deterrence.” The idea was to make it harder to cross in safer spots, so that (theoretically) people would hear that there were only dangerous crossing sites available, and they would decide not to attempt to enter the U.S. illegally.

The basic idea behind “prevention through deterrence” was that once people saw how difficult and dangerous it was to cross, they wouldn’t try. But it didn’t work – they did try, and they died in the thousands.

To address these issues, the “Border Safety Initiative (BSI)” was established in 1998. It has two main objectives: (1) the reduction of injuries, and (2) the prevention of deaths, in the southwest border region. The initiative aims to increase public awareness in both Mexico and the U.S. about the hazards of illegally crossing the border. The United States Border Patrol is also increasing rescue efforts and training for its agents under the Border Safety Initiative. Steps include heightened surveillance of high-risk areas, additional equipment, and trained personnel for medical emergencies.

The Border Safety Initiative is comprised of four elements:

  • Prevention – Identifying dangerous crossing points along the entire southwestern border, discouraging illegal crossings, and addressing safety problems
  • Search and Rescue – Targeting especially hazardous areas where migrants may become lost, abandoned, or in distress due to difficult terrain and the willingness of alien smugglers to lead them into dangerous territory. In fiscal year 2022 there were nearly 19,000 searches conducted along the US southern border – an increase from 12,833 in fiscal year 2021.
  • Identification – Establishing procedures and deploying resources to help officials identify those who have died attempting to cross the border illegally
  • Tracking and Recording – The BSI Tracking System is the main repository for data related to deaths and rescues

Search, Trauma, and Rescue Efforts

Each year, the Border Patrol rescues thousands of people who have been abandoned by alien smugglers in areas such as mountains, deserts, and rivers. The Border Patrol Search Trauma and Rescue Team (BORSTAR) is a life saving tool in aiding those in distress. BORSTAR is an elite unit trained in various facets of search and rescue and is capable of responding to emergency situations. Agents are trained as first responders in case of emergencies.

What Should You Do if Someone Goes Missing?

There are many ways to report a missing person if you believe they are a victim of a dangerous border crossing. Before calling in, it is important to make sure that the person you are reporting has in fact crossed the border or was planning on crossing the border.

  • Border Patrol Sectors: The United States is divided into sectors, each of which handles specific areas of the country. If you have an idea what sector the missing person would be in or would have passed through, call the 1-800 number established for that area. If you do not know which sector to contact, call 1-877-CBP 5511 (877-227-5511) to reach the national number.
  • Mexican Consulate: If you are looking for a Mexican citizen, you should contact your local Mexican Consulate. The Consulates can contact the U.S. Border Patrol for you.
  • Local agencies: Try contacting local law enforcement agencies and medical facilities.

How Can the Border Patrol Help Me when I Call?

The U.S. Border Patrol keeps a database of everyone who is rescued or who has died crossing the border. When you call, they will search the database to see if they can find the person you are looking for. If they find a match, they will lead you to the appropriate office.

If the person is still alive (perhaps they are still available by cell phone) but you believe they are in danger, the Border Patrol may initiate a rescue effort. If the person has died, a local law enforcement agency will conduct the investigation.

It’s not uncommon for migrants to disappear while attempting a border crossing. While it’s not clear exactly what happens to these missing people, it is known that many have been kidnapped by criminal gangs and taken into Mexican territory. Gangs target migrants because they’re easy prey – they often travel alone or in small groups. Gangs use them for forced labor and sexual exploitation.

Another fact is that gangs use migrants to smuggle drugs and other illegal goods into the United States. This is known as “narco-trafficking,” a massive border problem. By kidnapping migrants and forcing them to transport drugs across the border, the gangs can avoid detection.

Are There Other Ways I Can Search?

If you’re still in phone contact with the person, you can help initiate a search and rescue mission. You should tell your friend or family member that the best chances of pinpointing their location, thereby increasing the chances for rescue, is for them to call 911 personally. The call to 911 is free and will go through even on a Mexican phone. They should repeat the call until they are able to connect to someone and until they are told that a rescue is being sent.

If for some reason the person cannot make the 911 call, you can call 911 yourself. To help find your person, you should obtain as much information as you can about their current location and everything that they can remember about getting there.

If the person is lost on the U.S. side of the border and is in the desert right now: If the person crossed the border into Arizona or New Mexico, call the “No More Deaths” phone resource line at (520) 585-5881. If the person crossed the border into Arizona or California, call 760-521-3768 to get help from “Águilas del Desierto.” If the person crossed the border into Texas, call 361-325-2555 for help from the South Texas Human Rights Center.

If the person is lost on the Mexican side of the border, call “El Servicios Jesuita a Migrantes.” (Note: For Mexican phone numbers, from the U.S. dial 01152 first; from Mexico, dial 01 before dialing the number) The number is 55-55-27-54-23. This group is in communication with the network of migrant shelters throughout Mexico, and can conduct a search with them as well as with government authorities if you ask them to.

The numbers to dial to reach Mexican emergency services are 060, 065, 068, and 911.

If you suspect the person may be in detention, first, call the consulate of the country of origin of the missing person. Then call the consulate that is located closest to the place where they attempted to cross. You will need the full name and birth date of the missing person. Often the consulate will only provide information to an immediate family member such as a parent, sibling, spouse, or child.

You should also contact U.S. immigration authorities. (Immigration and Customs Enforcement (ICE)) Call the national ICE hotline at (888) 351-4024 to ask if your family member is in their custody. You can also call the U.S. Marshal Service, the Federal Bureau of Prisons, and ICE centers directly.

If your loved one has been missing for more than one month, it is likely time to begin the process of searching for them through the forensics system. Contact the U.S. Border Patrol to see if someone of your loved one’s description has been found.

Do I Need an Experienced Immigration Lawyer?

An immigration lawyer would be able to help you deal with any government agencies or consulates you may encounter.

Immigration law can change with each presidency. That is one reason that it is important to find a lawyer who is up-to-date on immigration laws and processes, including border crossings. These lawyers helpfully guide their immigrant clients through the complicated and ever evolving immigration process.

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