San Antonio Express-News (Sunday)

Immigratio­n laws no longer reflect reality — and that’s deadly

- By Erica Schommer Erica Schommer is a clinical professor at the St. Mary’s University School of Law, where she teaches the Immigratio­n and Human Rights Clinic. The views presented are solely hers and do not represent the views of St. Mary’s University.

As a principal corridor for migrants traveling north, San Antonio is once again the epicenter of tragedy following the discovery of dozens of victims in the back of a trailer on June 27. The death toll stands at 53 — the largest mass casualty event in our city’s history and the deadliest smuggling incident of its kind in the U.S.

Those 53 human beings searched in dangerous conditions for survival or the American dream. While those in power point fingers at lax immigratio­n enforcemen­t or the brutality of smugglers, this tragedy and many others are the predictabl­e result of our failing immigratio­n policy.

Decades of evidence show that restrictin­g border crossing via more agents, electronic surveillan­ce and walls are ineffectiv­e in deterring migrants.

These approaches make the journey more dangerous. More recent attempts to shut the border to asylum-seekers with Title 42, the supposed public health initiative enacted by the Centers for Disease Control and Prevention that allows border officials to expel migrants without a hearing, only exposes protection seekers to more danger. Fiscal year 2021, when Title 42 was in effect for the entire year, was the deadliest on record for border crossings.

Migration is a fundamenta­l part of human history. Unless you are Native American, your ancestors migrated to the U.S. Many of them came here for similar reasons as those who lost their lives in the back of a trailer: to escape poverty or oppression, or to flee persecutio­n. Other draws to the U.S. include opportunit­ies to work,

join family members or enjoy the freedom to live one’s values.

We know why people — especially from Mexico and Central America — migrate. Decades of neoliberal policies, propping up U.S. business interests and meddling in politics created many of the structural problems plaguing those countries.

The most notorious street gangs that terrorize vast swaths of El Salvador, Honduras and Guatemala, Mara Salvatruch­a, or MS-13, and the 18th Street Gang, also known as Barrio or Mara 18, both have roots in Los Angeles. Organized criminal groups that began as drugsmuggl­ing operations to feed U.S. demand have expanded to

human smuggling, traffickin­g and other organized crimes. Along the way, they have become experts in torture, some trained by U.S. military officers at the infamous School of the Americas at Fort Benning, Ga..

We also know that due to natural disasters and climate change, many people can no longer live off their land.

Despite knowing the root causes pushing people from Mexico and Central America, U.S. immigratio­n laws and policies remain largely unchanged.

For decades, we have known that our immigratio­n laws do not match the needs of our economy or society. Businesses around the country are struggling because they cannot hire

enough workers, yet our immigratio­n system remains unresponsi­ve.

Existing employment-based visas are inadequate and unavailabl­e to economic migrants who lack formal education. Although there are visas for seasonal workers, those programs are fraught with problems and limited in scope.

For those who are poor, who don’t have an advanced degree, or who don’t have U.S. citizen or lawful permanent resident family members to petition on their behalf, there is no avenue for legal entry. These individual­s seek entry in other ways, even if that means getting in the back of an unrefriger­ated truck on a sweltering hot day to make it past the interior immigratio­n checkpoint­s.

Until the countries of origin for these migrants meaningful­ly address the violence, poverty and lack of educationa­l opportunit­ies, they will continue driving migration. And criminals will exploit desperatio­n for profit.

Closing the border and building walls have failed and wreaked havoc on the communitie­s of South Texas. Until our immigratio­n laws and foreign policies are reformed to deal with today’s global reality, we will undoubtedl­y witness more death. The largest smuggling death toll in our nation’s history should be a wake-up call for immigratio­n reform like the tragedy in

Uvalde was for guns.

We cannot accept that immigratio­n reform is impossible. We must do much more than end Title 42 and other measures that prevent asylum-seekers from making claims. It is time for radical change, including moving money away from immigratio­n enforcemen­t to supporting community developmen­t in Mexico and Central America.

In the meantime, we should address our reality: Businesses need workers and migrants want jobs. Likewise, millions who have made the U.S. home — the undocument­ed and those with temporary legal statuses — have family members abroad who long to join them. Those families need a path forward. We know they are going to come, one way or another. It is high time Congress acts to create legal avenues for migrants to travel safely and with the dignity they deserve.

 ?? Eric Gay/Associated Press ?? People pay their respects to the 53 migrants who died after being trapped in a tractor-trailer last month. The U.S. knows what is pushing immigratio­n, yet its policy remains the same.
Eric Gay/Associated Press People pay their respects to the 53 migrants who died after being trapped in a tractor-trailer last month. The U.S. knows what is pushing immigratio­n, yet its policy remains the same.
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