Tag: immigration

“I Didn’t Know It Had a Name”: Understanding Labor Trafficking — and How to Spot It

AdobeStock_136448884 - Maid changing pillows during housekeepingBy Robert Kneschke
AdobeStock_136448884 – Maid changing pillows during housekeeping By Robert Kneschke

When Rosa* arrived to clean guest rooms at a popular beach hotel, the recruiter’s promises still echoed: “$12 an hour, free housing, and a chance to learn English.” Her temporary work visa had cost thousands in “fees,” which the recruiter said she could repay from her first months of wages. But the free housing was a crowded motel room with six other women. The “fees” kept growing. Her passport was locked in a supervisor’s desk “for safety.” Twelve-hour shifts stretched into sixteen. If she complained, the supervisor reminded her that she “owed” the company and could be sent home in debt, or reported to immigration. Rosa wasn’t chained. She could walk to and from work. Yet every part of her life, documents, debt, threats, and isolation, was controlled.

Rosa didn’t know it had a name. It does: labor trafficking.

What is labor trafficking?

Under U.S. law, labor trafficking (also called forced labor) occurs when someone obtains another person’s labor or services through force, fraud, or coercion. This includes threats of serious harm, schemes, abuse of legal process (for example, threatening deportation), or withholding documents and wages to compel work. 

Globally, the International Labour Organization (ILO) estimates 27.6 million people are in forced labor on any given day. A 2021 report estimated that 50 million people are in “modern slavery,” which also includes forced marriage.  In 2024, the ILO reported that illegal profits from forced labor in the private economy reached $236 billion annually, a 37% increase over a decade; this is evidence that coercion is lucrative for traffickers and intermediaries. 

AdobeStock_36854977. Black Businessman holding black bag full money. By RODWORKS
AdobeStock_36854977. Businessman holding a bag full of money. By RODWORKS

How does it happen? The “means” traffickers use

The ILO identifies 11 indicators that commonly appear in forced labor situations. You rarely need all 11 to determine risk; one or more strong indicators can be enough to signal danger. These are abuse of vulnerability, deception, restriction of movement, isolation, physical or sexual violence, intimidation and threats, retention of identity documents, withholding wages, debt bondage, abusive working and living conditions, and excessive overtime. 

Rosa’s story shows several in practice:

  • Debt bondage via unlawful recruitment fees and deductions.
  • Withholding documents (passport confiscation).
  • Threats and abuse of legal process (“We’ll call immigration”).
  • Excessive overtime and abusive conditions.

These tactics can entrap anyone, citizens and migrants, men and women, adults and youth.

AdobeStock_321877815-1. Man putting smartphone, passport and money into safe. By New Africa
AdobeStock_321877815-1. Man putting smartphone, passport and money into safe. By New Africa

Where labor trafficking shows up (it’s closer than you think)

Contrary to the myth that labor trafficking only happens “somewhere else,” it also occurs in wealthy countries, including the United States, across both hidden and highly visible industries. 

  1. Agriculture, forestry, and food processing: Seasonal, remote worksites and complex contracting chains create risk. Temporary visa programs (such as H-2A for agriculture and H-2B for non-agricultural seasonal work) can be both lifelines and levers for coercion when employers or labor brokers retaliate or threaten to withhold visa renewals. The Hotline data and policy research from Polaris Project detail cases involving wage theft, unsafe housing, and retaliation.
  2. Hospitality, cleaning, and landscaping: Hotels, resorts, commercial cleaning, and landscaping often rely on subcontractors and staffing agencies, which can obscure who is responsible for wages, safety, and housing. The National Human Trafficking Hotline has identified hundreds of potential victims linked to hospitality supply chains.
  3. Construction and manufacturing: Long hours, dangerous sites, and layers of subcontracting elevate the risk of coercion, document retention, and threats. The ILO’s indicators surface repeatedly in these sectors.
  4. Domestic work and caregiving: Workers in private homes can be isolated from the public and regulators, leaving them vulnerable to withheld wages, restricted movement, and threats. The ILO’s global estimates include millions of cases of domestic work under forced labor.
  5. Seafood and global supply chains: Beyond U.S. borders, supply chains can mask the use of forced labor in fishing, seafood processing, apparel, electronics, and more. The U.S. Department of Labor’s List of Goods Produced by Child Labor or Forced Labor is a sobering catalog, as it lists 204 goods from 82 countries (as of Sept. 5, 2024). Policymakers and purchasers use it to identify high-risk imports and improve due diligence.
AdobeStock_573441418. Exhausted little girl sitting on floor concrete wall background. child labor and exploitation
AdobeStock_573441418.  Exhausted little girl sitting on floor – labor exploitation. By AungMyo

State action and import bans

In recent years, the U.S. has restricted imports tied to forced labor under the Uyghur Forced Labor Prevention Act (UFLPA) and other authorities, adding companies to enforcement lists and blocking imports in sectors such as footwear, aluminum, and seafood. These steps matter because cutting off profits reduces incentives to exploit. 

Common threads: What to watch for

While every case is unique, patterns repeat:

  1. Recruitment fees and debt: Workers are charged unlawful or inflated fees by recruiters. Debts balloon through deductions for housing, equipment, or transport, paid back through labor; the worker can’t freely leave.
  2. Document confiscation: Passports, IDs, or visas are held “for safekeeping,” removing mobility and increasing fear.
  3. Threats and abuse of legal process: Supervisors threaten deportation, blacklisting, or calling the police if workers complain.
  4. Isolation: Workers are transported to remote sites, housed on-site, or told not to speak to neighbors, customers, or inspectors.
  5. Wage theft and excessive overtime: Unpaid overtime, below-minimum wages, or pay withheld until a season ends.
  6. Subcontracting opacity: When multiple entities sit between the worker and the brand, accountability gets murky, and traffickers exploit the gaps.

Who is at risk?

Anyone facing economic hardship, discrimination, or a lack of legal protections can be targeted. Migrant workers, especially those whose visas tie them to a single employer, can be especially vulnerable to coercion. Data from the National Human Trafficking Hotline’s analysis shows thousands of victims holding temporary visas at the time of their abuse. 

But vulnerability isn’t limited to migrants. Youth aging out of care, people in debt or homelessness, and disaster-displaced families are at an elevated risk of labor exploitation. Traffickers prey on need, not nationality.

AdobeStock_265465062. Teenage girl with other homeless people receiving food.By New Africa
AdobeStock_265465062. Teenage girl with other homeless people receiving food. By New Africa

How is labor trafficking different from “regular” workplace abuse?

Workplace violations (like unpaid overtime) are serious and enforceable through agencies like the U.S. Department of Labor, but they are not all trafficking. Trafficking involves a compelling mechanism (force, fraud, or coercion) that deprives a worker of a meaningful choice to leave. If you see indicators like debt bondage, document confiscation, or threats of serious harm or deportation, you may be looking at forced labor, which is a crime. 

What progress looks like

Governments, companies, and civil society have tools to reduce risk:

But the profit motive remains powerful, given the staggering $236B in illegal profits stemming from forced labor, so vigilance and reporting are critical. 

AdobeStock_475597494.jpeg. "Ban goods made with forced labor " By AndriiKoval
AdobeStock_475597494.jpeg. “Ban goods made with forced labor ” By AndriiKoval

How you can help (even if you’re not sure it’s trafficking)

You don’t have to decide whether a situation is “definitely” trafficking. If you notice multiple indicators, such as debts used to control, threats, confiscated documents, isolation, abusive conditions, withheld wages, or excessive overtime, say something. Trained specialists can sort out whether it’s a labor law violation, trafficking, or both, and connect people to help.

In the United States

  • National Human Trafficking Hotline – 1-888-373-7888 (24/7), text “BEFREE” (233733), or online report/chat: humantraffickinghotline.org. (The hotline is supported by Health and Human Services and is transitioning operators; the number and channels remain active.)
  • DHS Blue Campaign / ICE HSI Tip Line – To reach federal law enforcement directly about suspected trafficking or smuggling: 1-866-347-2423 or submit an online tip.
  • U.S. Department of Labor, Wage & Hour Division (WHD) – For wage theft, child labor, or overtime violations that may overlap with trafficking: 1-866-4-US-WAGE (1-866-487-9243) or file a complaint online.
  • OSHA – For unsafe or abusive working conditions posing imminent danger: 1-800-321-OSHA (6742).
  • 911 – If someone is in immediate danger.

If you’re an employer or community leader, post these numbers in break rooms, faith centers, and shelters—and ensure reporting won’t trigger retaliation.

Bringing it back to Rosa

One winter night, a guest slipped Rosa a folded flyer with a number and the words: “You have rights.” She called during her only free hour. The advocate didn’t ask her to be certain; they asked about indicators, debt, documents, threats, wages, and hours, and created a safety plan. Law enforcement and labor investigators coordinated with a local nonprofit. Rosa got her passport back, moved into safe housing, recovered wages, and started English classes. She still cleans rooms, but now she does it on her own terms, and she keeps extra copies of that number in her apron pocket.

AdobeStock_239599722.jpeg. Young chambermaid with clean towels in bedroomBy New Africa
AdobeStock_239599722.jpeg. Young chambermaid with clean towels in bedroom By New Africa

If you or someone you know might be experiencing labor trafficking:

You don’t need to be sure. Calling could be the beginning of someone’s freedom.

Unchained hands raised to the sky
AdobeStock_54553304. Formerly tied hands raised to the sky. By Marina

*The name and story used are a representation of labor trafficking victims.

One In, One Out Mandate: How the UK and France Systematically Deny Claims to Asylum

In August this year, the UK and France began their trial of a One In, One Out Policy regarding migrants. While the current UK government champions this mandate as a way to tackle illegal immigration and assist more vulnerable populations, currently there is no plan in place to ensure those protections.

In this article, we will be examining the terms of the deal and the implications this has for immigration to the UK, the societal treatment of migrants, and the effect this policy can have on the lives and integration of migrants into the UK.

Policy Overview
Man holding a board with the French flag design and the words "Immigration Policy."
Source: Adobe Express. By STOATPHOTO, Asset ID# 1193060357

The current mandate, in effect as of August this year, deals with illegal immigration from France to the UK. As per this mandate, any immigrants who are caught going from France to the UK will be deported within 14 days of their claim being denied, and the UK will accept the same number of immigrants from France who have applied legally and fulfill other criteria.

Yvette Cooper, in her then position as Home Secretary for the UK, said in a letter that this initiative aims to dismantle smuggling operations. Smugglers can often extort large amounts of money from desperate migrants, and their methods of smuggling can be dangerous, unreliable and even contribute to human trafficking. The policy specifically targets immigration across the English channel, aiming to shut down smuggling via small boats. 

A catch of this policy is that the UK considers France a safe third country and can automatically deem asylum claims from migrants from France as inadmissible. With only a 14-day period from asylum claim denial to deportation, and limited access or knowledge of legal resources, this will make it virtually impossible for anyone coming from France to have their claim properly considered. 

Human Impact
Hands holding scraps of paper reading "Refugee" and "Asylum"
Source: Adobe Express. By nito, Asset ID# 106026480

While the Home Office said this initiative is primarily aimed to increase border security and fight smuggling operations, there is no plan currently in place to protect the most desperate and vulnerable immigrant populations.

Legal difficulties exist not just for the migrants who are deported out via this deal, but also for those who are accepted in. In order for a migrant to be eligible to be accepted to the UK under this policy, they are required to pass background checks that include proof of identification, such as a passport, and submitting a recent photograph. These may be insurmountable obstacles for refugees from war-torn regions or those fleeing the effects of devastating famines or other natural disasters. To hinge someone’s eligibility for asylum on meeting these requirements may violate Article 14 of the UDHR, which grants the right to seek asylum, because it does not consider their actual claims to asylum and immediately dismisses what could be an absolutely critical and legitimate case for entry. What is being presented as a fair and just deal targeting smuggling operations will end up preventing people from accessing refugee status in the UK. 

Legal Limbo
Yvette Cooper, current UK Secretary of State
Yvette Cooper, current Secretary of State for Foreign and Commonwealth Affairs for the UK. Source: Steve Eason

This deal is currently only in its trial phase until next year, and under its current limitations the cap is 50 people returned to France each week. At the beginning of August this year, more than 25,000 people had already arrived in the UK by crossing the English Channel in a small boat. As the UK hits its limit of deportees every week, another issue arises: what to do with those who are not returned to France.

For these individuals, their claim to asylum will likely still be denied. However, they will have to wait in detention centers for months while they are being processed. There are not many return agreements with other countries, so the UK has very few options for where to send these immigrants. Slow processes to attempt to return immigrants will result in long wait periods in detention centers, followed by even longer waiting periods in legal limbo if they’re released into communities.

Young women wearing hijabs hugging in city
Source: Adobe Express. By Cultura Creative, Asset ID# 518549413

Ultimately, this new mandate will impede people’s freedom of movement, deny what could be strong and legitimate claims for asylum, and create further obstacles for people seeking refuge from war-torn or dangerous regions. It is not a solution to the immigration problem, but it is the introduction of more hurdles that would-be immigrants must overcome as they seek inclusion in society, secure living and cultural acceptance.

New Italy-Albania Migration Deal Raises Human Rights Concerns

Throughout the past decade, the European Union (EU) has seen a rapid influx of refugees entering its countries as people flee violence, war, and persecution. Though this number peaked in 2015, a notable amount of migrants have continued to enter Europe, with roughly 385,000 seeking safety in European countries throughout 2023 alone. While irregular border crossings make up a small percentage of total immigration, concerns surrounding asylum-seekers and migrants have risen throughout the EU and have become highly politicized topics. Today, many countries in the region argue for strict border protections and harsher policies to be implemented into the union.

Being a coastal nation, Italy claims it has received a greater burden than other EU countries have, taking in over one million migrants since 2013. To counter this, Italy has recently entered into a deal with Albania, hoping to minimize immigration numbers. This agreement, pushed forward by Italy’s anti-immigration prime minister Giorgia Meloni, allows Italy to build and manage immigration detention centers within Albania’s borders and promises quicker screening of asylum claims. Albania will only receive those from “safe” countries, or nations the agreement deems free from violence and persecution; those seeking refuge from countries outside this list will continue to have their claims heard in Italy. While many argue that this system is an innovative solution to the question of immigration throughout the European Union, these decisions have been criticized by human rights advocates and Italy’s own judicial branch and raise concerns surrounding the treatment of asylum-seekers on a global scale.

A large groups of asylum-seekers sit near the Italian coast after their journey from their home country.
Image 1: Migrants sit on the Italian coast. Source: Yahoo Images

What is the Italy-Albania Agreement on Migration?

The Italy-Albania migration deal, finalized earlier this year and set into force in October, is an agreement between the two countries and is meant to reduce the number of immigrants entering Italy. Under this program, male asylum-seekers from predetermined “safe” countries found outside the European Union’s territorial waters are transferred to detention centers in Albanian cities. At these centers, detained migrants will experience expedited screenings, receiving their claim results in 28 days or less, with each person’s claim being reviewed by special courts. Based on the verdict, those granted asylum will be transferred to Italy, and those whose claims are rejected will be repatriated or sent back to their home country. Women, children, and vulnerable groups will be immediately sent to Italy, and it is promised that families will not be separated.  

This project is set to last for five years, process 36,000 claims annually, and have a total cost of 670 million euros, or $729 million. Albanian detention facilities will fall entirely under Italian jurisdiction and be fully staffed by Italian citizens, obligating these centers to remain compliant with the European Union’s laws on immigration and protected by the European Convention on Human Rights. As mentioned, these centers will only detain those from “safe” countries. These are countries that the agreement deems free of persecution, torture, and other forms of inhuman treatment. This list originally included 22 nations but was recently reduced to 19. It lists countries such as Egypt, Tunisia, and Bangladesh, and happens to include nations with some of the highest migration numbers. Migrants from these countries can still apply for asylum, though the odds of being granted are slim, as the agreement acknowledges that most of these claims will be rejected. Those whose claims are rejected will remain in Albania until plans are made to return them to their country of origin. 

Albanian and Italian prime ministers shake hands after singing new immigration deal
Image 2: Italian Prime Minister Giorgia Meloni shakes hands with Albanian Prime Minister Edi Rama. Source: Yahoo Images

Objectives of the New Italy-Albania Migration Deal

One of the primary objectives of this initiative is to reduce overcrowding along the Italian coast and islands, where an average of 100,000 migrants arrive each year. Typically, asylum claims are applied for at the Border Police Station. By relocating potential immigrants before they reach this destination, the average is expected to shrink. Similarly, by targeting refugees from safe countries, the likelihood that these claims receive an asylum grant is small, meaning fewer people are taken into Italy. This all feeds into one of the biggest reasons behind this deal: deterrence. As asylum claims are rejected in higher numbers and refugees cannot reach the European Union, the Italian government hopes that this will discourage others from attempting this journey. 

Threats to Human Rights

This agreement has remained controversial since its inception, with many people questioning its adherence to human rights protection, mainly regarding the treatment of vulnerable populations, prolonged detention, and the right to nationality. Under this agreement, those considered “vulnerable,” such as those in need of specific medical attention or with serious medical conditions, are at risk of not receiving proper treatment, as the law lacks written procedures to help such groups. As Amnesty International points out, “there is no clarity on whether such procedures would take place on board the rescue vessels or after disembarkation in Albania,” meaning there is no reassurance that at-risk groups will receive medical attention in a timely manner. This concern has appeared to have some validity, as it has recently been exposed that there are no mechanisms aboard ships that could properly classify someone as vulnerable. Similarly, a majority of asylum-seekers experience some sort of physical, sexual, or psychological abuse prior to or during their journey that would grant them protection from detention. 

This program also puts refugees at risk of prolonged detention. International migration standards assert that migration-related detention should avoid being prolonged or indefinite. While the Italy-Albania agreement writes that asylum claims should be granted within 28 days of detention, all necessary procedures, including organizing repatriation, could take up to 18 months. Similarly, the treaty does not write out an explicit cap for detention, meaning detention could continue to surpass the initial 28-day goal. 

The Italy-Albania migration deal also raises concerns regarding the right to nationality. Following a rejected asylum claim, plans regarding repatriation are then made with the refugee’s country of origin. However, states may ignore these requests or refuse to work with Italy. Being rejected by Italy and without the support of their home country, asylum-seekers may be left without international representation, thus rendering them devoid of nationality. 

Migrants fill an entire boat which is on route to Italy
Image 3: Refugees begin their journey to Italy. Source: Yahoo Images

Pushback

This program has also been relatively controversial within Italy, with the Italian courts pushing back against Prime Minister Meloni’s plan. Following the first ship of migrants arriving in Albania, the national courts ruled that all 16 asylum-seekers be transferred to Italy rather than remain in the outsourced detention centers. Though coming from the list of safe countries, the judges concluded that the repatriation of the refugees would put them at risk of violence, thus accepting their asylum claims. More recently, the courts ordered the transfer of seven more men from Albania to Italy, again going against the vision presented by Meloni’s government. In this case, the courts explained that for a country to be deemed safe, all cities and regions must be free of persecution and violence, not just select areas. Between these two cases, all 24 detainees have been sent to Italy following their forcible detention in Albania.

This program is also largely unpopular among the Italian populace, with only 30% approval. 

This deal follows other agreements Prime Minister Meloni has made with other states regarding immigration. In 2023, the Italian government and the European Union provided monetary and technical support to Libya, encouraging their coast guard to intercept fleeing citizens and forcibly bring them back to the country. Those who attempted to escape were left vulnerable once they returned, often being subjected to various human rights abuses such as torture and sexual exploitation. Prime Minister Meloni has also offered to provide financial assistance to North African countries in an attempt to minimize immigration. 

Conclusion 

Though initially regarded as a promising answer to European migration, the Italy-Albania agreement has been frequently challenged by both human rights institutions and Italy’s own courts. Though all Albanian detainees have been transferred to Italy, this program raises questions regarding the treatment of refugees, making this issue important to monitor. 

The Politicization of Immigration and the Notion of Invasion: Human Rights Violations on the US-Mexico Border

 

by Lexie Woolums

Trigger Warning: This post discusses immigration, including physical barriers for migrants. The article includes a discussion of some drownings and other instances of death.

 

Broadly speaking, migration is not a new concept. The United States was built by people who were not from here, including people who were forced to come here through enslavement and others who were violently moved against their will through the relocation of indigenous peoples on the Trail of Tears. There have been different waves of immigration, where different crises from around the world prompted people to come to the United States seeking better opportunities.

For example, from 1845 to 1855, around 1.5 million Irish people settled in the United States due to potato blight combined with Britain’s colonial control that forced available crops to be exported out of Ireland. More recently, the US has admitted nearly 300,000 Ukrainians since Russia invaded Ukraine in February 2022. There are many more examples of this, from Italian immigrants moving to the US in search of economic opportunities around the turn of the twentieth century to the influx of Puerto Rican immigrants after World War II due to economic depression in Puerto Rico, cheaper air travel, and job opportunities in the US.

A black and white photo of men wearing clothing from the early 1900s. The men are carrying suit cases and standing in a line at Ellis Island after arriving in the US.
Figure 1: Immigrants at Ellis Island c. 1900, Source: Yahoo Images

It’s no secret that not all migrants are treated the same—a concept that Danah Dibb previously wrote about on the blog. Additionally, my colleague, Kala Bhattar, wrote an article that discusses two specific scenarios that effectively demonstrate how politicized immigration has become in the US—one with Governor Greg Abbott of Texas sending busloads of migrants to Vice President Harris’s neighborhood and one with Governor Ron Desantis of Florida sending planeloads of migrants to Martha’s Vineyard in Massachusetts—scenarios that in any other context would be considered human trafficking.

 

Politicization of Immigration in the US

According to a 2023 Gallup poll, the percentage of people who want immigration to decrease peaked in the mid-nineties with 65 percent of Americans against immigration. In a near all-time low, this number was 31 percent in 2018. Today, that percentage lies around 41 percent—an increase from 2018 but much lower than it was at its peak and still a minority of the polled population.

For much of the 1990s, both major political parties shared similar views on immigration (though they may have disagreed on the way to do things), but that started to change around 2006 and has become much wider today. Today a Democrat is twice as likely to share the view that immigrants strengthen the economy compared to a Republican.

Various presidencies have highlighted different aspects of immigration in the United States, but it has become a topic that is far more divisive in the wake of the Trump Administration. Former President Trump’s stance on immigration was well-known and relatively simple—build a wall to prevent illegal immigration. He favored a policy of “busing and dumping” immigrants to states that had pro-immigration policies; additionally, he also made comments about securing the border from “rapists and criminals” despite the fact that first-generation immigrants are predisposed to lower crime rates than native-born Americans. Throughout his presidency, Donald Trump became known to make off-the-cuff remarks—especially about immigration—that were frequently called out for being racist and xenophobic.

As the President of a free country that is as powerful as the United States, having views like this stirred uneasiness across the United States, especially among minority populations. This rhetoric of invasion is not new, but it does fuel extremism and racism.

 

Operation Lone Star

Republican Governor Greg Abbott of Texas launched Operation Lone Star in March 2021, shortly after President Biden took office. Governor Abbot has sent state troopers and members of the National Guard to the US-Mexico border as a part of the operation. Additionally, the Rio Grande River has been lined with various obstacles, from shipping containers to concertina wire. This is all under what is known as Operation Lone Star, which is a multibillion-dollar operation to mitigate illegal immigration and smuggling at the US-Mexico border. According to the Operation Lone Star website, the agency fills in the Biden Administration’s “dangerous gaps [due to its] refusal to secure the border.” It also regularly buses migrants to sanctuary cities.

Governor Abbott has coined the situation at the US-Mexico Border an “invasion,” which he claims allows him to invoke the invasion clauses in the Texas and US Constitutions. Through this rationale, he has the authority to defend the border through his own policies, even though immigration policy has been under the jurisdiction of the federal government since the 2012 landmark case of United States v Arizona. Human rights advocates have warned of the danger of referring to the border as an invasion since most migrants are seeking to claim refugee legal status and are not attacking the United States in any sense. University of Texas law professor Barabara Hines called this notion of invasion “unprecedented and extreme.” Additionally, Operation Lone Star is under investigation by the Department of Justice to determine if it violates the Civil Rights Act of 1964. More specifically, the department is investigating if the state agency is subjecting individuals to “differential and unlawful conditions of confinement based on their perceived or actual race or national origin.”

Four men in military uniforms stand with another man wearing a maroon button down.
Figure 2: Members of the Texas Military Forces pose for a picture with representatives of the Remote Area Medical Foundation, Source: Yahoo Images

The Rio Grande River serves as a natural boundary between the United States and Mexico. Over the summer, national attention was brought to Texas when Governor Abbott announced that the agency would be implementing a 1,000-foot-long string of buoys with serrated blades in between them, with a mesh net that would connect them to below the surface. More specifically, the Texan government stated that they were installing the “new floating marine barriers along the Rio Grande River in Eagle Pass” in an effort to “help deter illegal immigrants attempting to make the dangerous river crossing into Texas.”

 

Human Rights Concerns

According to the Texas Department of Security, there has been at least one body found caught on the Southern side of the buoys, but they claimed that this body was initially upstream of the floating device and floated into it. Later, the body of a 20-year-old Honduran man was recovered, but it was reportedly upstream of the floating device.

Human rights groups have criticized the floatation device with concerns about humanitarian hazards such as migrants becoming caught in the device or drowning due to its placement. Even without the floatation buoy, crossing the border is extremely dangerous. Even before this barrier was implemented, migrant deaths on the US-Mexico border have hit an all-time high. In the 2022 fiscal year alone, over 800 migrants died trying to cross the US-Mexico border, largely from drownings. This stretch of the border is so dangerous that the United Nations migration agency declared the US-Mexico border as the deadliest land border in the world.

Beyond the buoys, numerous reported human rights concerns with Customs and Border Protection (CBP) exist. According to a 2023 report by WOLA, the Washington Office on Latin America, migrants are frequently treated poorly by CBP, which is the largest law enforcement agency in the US. One of the cases in the report is about an 8-year-old Panamanian girl named Anadith Danay Reyes Alvarez, who died in custody of CBP because she was denied a critical heart medication. Specifically, the report notes that this death was preventable.

Engraved sign on a concrete building that reads " U.S. Customs and Border Protection."
Figure 3: US Customs and Border Patrol Building in Washington, DC, Source: Yahoo Images

Another issue is that accountability for CBP officers is extremely rare. The same report states, “Most of the cases … would have gone completely unknown without reporting from victims and those, outside of government, who accompany them. That such abuses are happening so frequently at CBP and Border Patrol indicates that the Department of Homeland Security’s (DHS) accountability system has done little to dissuade or disincentivize them.” A 2023 study found that 95 percent of complaints from 2010-2022 did not have a proper investigation.

In addition to the numerous reported concerns of CBP abuses, CBP followed a Congressional policy change in September 2021, which means that the agency only reports the deaths of people who died while in CBP custody. Though this change may not necessarily be bad, it is concerning when there are reports of CBP officers lying to migrants about where to go since this puts them at a higher risk of sickness or death that would not be counted in the CBP reports under the new policy (if the person is no longer in CBP custody when they die).

The US CBP came out with a policy known as “prevention through deterrence” in 1994. This policy sought to block popular crossing spots and push migrants into the dangerous areas of the sea and river crossings.  In theory, this would show migrants how dangerous the crossing is so that if they are caught and sent back (which often happens when migrants cross illegally), they would not attempt to cross again. However, it is no secret that this strategy is not effective in reducing the number of crossings. According to an article by the London School of Economics, this approach has not been effective in limiting the number of migrants seeking to enter the US but has increased the number of fatalities.

A view of a bluish green river stretching through the desert. Mountains are present in the background. The shore of the river is mostly sand, with some short green shrubbery present.
Figure 4: A Portion of The Rio Grande River in Texas. Source: Yahoo Images

Additionally, the American Civil Liberties Union (ACLU) has condemned Operation Lone Star’s instructions for Texas officials to push young children and nursing mothers back into the Rio Grande. According to the article, Texas uses harmful techniques like razor wire, even after children have been injured and one woman miscarried while stuck in the wire.

Sarah Mehta, ACLU senior border policy counsel, stated, “Texas must immediately stop intentionally endangering the lives of migrants seeking protection at the border. The federal government must also act by investigating these damning allegations and by the Department of Homeland Security decisively ending its own collusion with Operation Lone Star, which has facilitated and encouraged Texas’s expansion of a proven human and civil rights disaster.”

 

Federal Response

The Biden Administration has criticized this, citing the Rivers and Harbors Appropriation Act of 1899, which prevents the “creation of any obstruction not affirmatively authorized by Congress, to the navigable capacity of any of the waters of the United States.” This act gives the Army Corps of Engineers authority to regulate all navigable waters through permitting. The federal lawsuit against Texas also alleges they did not get a permit from the Army Corps of Engineers before placing the barrier on the river.

The federal government initially asked Texas officials to remove the barriers. Governor Abbott replied in a letter that stated, “Texas will see you in court, Mr. President,” implying that Texas would not remove the buoys without legal action. Subsequently, the Department of Justice sued Texas and asked a judge to make Texas remove the buoys.

US-Mexico border coordinator Hillary Quam expressed concern in an affidavit that accompanied the request to a federal judge to have the barriers removed: “If the barrier is not removed expeditiously, its presence will have an adverse impact on U.S. foreign policy, including our relationship with the government of Mexico.”

The request of the federal government was granted by Federal District Judge David A. Ezra, who ruled that Texas must remove the floating barriers. Legally speaking, he issued a preliminary injunction, which preserves the status quo until final judgment (the final ruling of the court). In essence, this meant that the buoys would need to be removed until the case reached its final court decision. Ezra stated the following in the discussion: “Governor Abbott announced that he was not ‘asking for permission’ for Operation Lone Star, the anti-immigration program under which Texas constructed the floating barrier. Unfortunately for Texas, permission is exactly what federal law requires before installing obstructions in the nation’s navigable waters.”

Governor Abbott’s office appealed this ruling, stating that Texas “is prepared to take this fight all the way to the Supreme Court.” The federal appeals court granted the request to halt the temporary injunction, but a hearing date has not been set, so the floating barrier remains in the Rio Grande until a further decision is made.

 

Mexican Response

The Mexican government has criticized the placement of these buoys, claiming that the placement is a violation of their sovereignty. More specifically, they have referenced that the presence of these buoys violates the Mexican Water Treaty of 1944.

Regarding the bodies, the Mexican government issued the following statement: “We express our concern about the impact on the human rights and personal safety of migrants that these state policies will have, which run counter to the close collaboration between our country and the federal government of the United States.”

A spokesperson for Governor Abbott claimed that the Mexican government was “flat-out wrong,” stating that neither body was attempting to cross the floating barriers.

 

Conclusion

It has been over 40 years since Congress reformed the US immigration system. According to the Center for American Progress, putting undocumented immigrants on a path to citizenship would increase the US GDP by $1.7 trillion over the next decade. According to the Pew Research Center, immigrant families are expected to comprise 88 percent of the US population growth through 2065. To say that reform is necessary is an understatement.

As I mentioned at the start of this article, migration is not a new concept. Unfortunately, it has been used as a political pawn in many ways. From the rhetoric of dangerous crime to the mentality that immigrants “take all the jobs,” misunderstanding has been weaponized against groups of people for a long time, and that likely will not change until we learn to be more compassionate and think of better solutions for our broken immigration system.

A group of protesters standing with a large red sign. The sign reads "New Yorkers for Real Immigration Reform." Underneath, it says "Citizenship Now! Keep Families Together! Protect Workers! Safeguard Civil Rights!"
Figure 5: Protesters in New York City. Source: Yahoo Images.

Additionally, it is important to be critical of political officials who weaponize differences and prey on misunderstanding to further their own political agenda. To label such a diverse group as one negative thing that threatens the authority and safety of the United States is not only racist and xenophobic, but it undermines the value of the diverse groups of people who built this country (including the people who were forced to migrate to and build this country, whose impact often goes unrecognized even today). This portrayal minimizes the value of people with diverse experiences and limits the discussion of how crucial immigrants have been and continue to be in the US.

It is also imperative to recognize how slavery, forced assimilation, and genocide have both formed the social hierarchy we have today and continue to perpetuate racism, especially in the context of immigration. If you have not heard of the concept of “passport privilege” (including simply having a passport) or the connotative distinction between the words immigrant and expatriate or expat (not just their dictionary definitions), I highly recommend learning these concepts. It is important to examine where you fit within them, and which preconceived (perhaps racist) notions you might carry about a person based on job, skin color, accent, religion, or anything else.

Society will not change unless individual people change, so even if there is limited direct political action to take as of right now, there is still a lot of room to grow your understanding of these concepts so that racist institutions can be better understood and effectively dismantled.

France’s New Ban on The Abaya in Public Schools

by Caileigh Moose

Since the 1960s, the demographics of immigrants entering France have shifted. In 1968, the largest immigrant groups included Spaniards, Italians, and Portuguese, and were primarily Christian in faith. Today, the majority of these groups come from North African nations like Algeria, Morocco, and Tunisia, where Islam is the predominant religion. Thus, with these immigration shifts, in recent years, Islam has become the second largest faith in France, accounting for 10 percent of the French population, second to Christianity, which rests at almost 30% percent.

This diversification of society has unleashed reactive backlash, with many on the French right driving up what many have called anti-Islam and Islamophobic policies. Recent examples include the 2004 French law forbidding “conspicuous” religious symbols in France and the 2021 French separatism law, which extended the “neutrality principle” (under which civil servants are, among other things, prevented from wearing religious symbols like hijabs) to all private contractors of public services. One political science researcher with the National Centre of Scientific Research has deemed current French president Emmanuel Macron’s first term “gloomy” for French Muslim citizens, referring to the ever-darkening outlook for religious protections that has colored the tone of French policy during Macron’s time in office.

All these fears have culminated in the newest piece of legislation targeting France’s growing Muslim population, so that this year, as French schools started back earlier this September, their female students faced a new, highly controversial restriction: a ban on the abaya.

 

Four teen girls in hijabs paired with modern clothing are leaning against a wall, looking at their phones.Source: Yahoo Images
Four teen girls in hijabs paired with modern clothing are leaning against a wall, looking at their phones. Source: Yahoo Images

 

The abaya, which is sometimes simply referred to as the aba, is most commonly known as a loose, typically black, floor-length dress worn primarily by Muslim women. The word itself, translated from Arabic, means simply “dress.” The abaya is mainly popular in the Middle Eastern region of the world, in nations like Saudi Arabia or Yemen, where the garment’s prevalence can be attributed to its alignment with cultural and religious preferences towards modesty within the area.

Its ban was justified by French Education Minister Gabriel Attal through the French concept of “laïcité.” This term essentially defines the ardent secularism that France has in relation to its public institutions, arguably much stricter than an average American’s idea of what the separation of church and state looks like. For example, this idea of laïcité has previously led to the ban of all overtly religious symbols within French public schools, including large Christian crosses, Jewish kippahs, and Islamic hijabs. Now, it is being used to target the abaya. French Education Minister Gabriel Attal attempted to explain the decision through the reasoning that “when put in the framework of a school, it is very clear: you enter a classroom, and you must not be able to identify the religious identity of students just by looking at them.”

Those who celebrate the law are quick to draw this religious connection between the abaya and Islam. However, it is important here to recognize that the abaya is not itself directly connected to the religion of Islam but to select Muslim cultures. Despite what the French Ministry of Education claims about how wearers of the abaya are “immediately recognizable as belonging to the Muslim religion” and, as such, violate the standards for secularism within the French educational system, opponents of the ban have protested that the abaya has no direct religious affiliation. Its wearing is not mandated by any Islamic text, nor is it compulsory dress for the religion; it merely fulfills the religion’s requirements regarding modesty.

 

A woman gazing out into the desert, dressed in a black abaya and hijab.Source: Yahoo Images
A woman gazing out into the desert, dressed in a black abaya and hijab. Source: Yahoo Images

 

In 2018, a Saudi senior religious scholar of Islam drew mixed reactions when he stated that the abaya shouldn’t be expected or necessary dress for Muslim women, citing the statistic that over ninety percent of practicing Muslim women do not, in fact, wear the abaya. Instead, most women will simply choose to wear loose-fitting dresses, ankle-length skirts, long-sleeved shirts, and anything else that meets the modest standards of their religion, all of which are typical in Western culture and all of which are completely acceptable to wear inside a French school. This may lead some to ask the question: Is this ban truly in keeping with France’s educational goals of secularism, or does it simply originate from a xenophobic attitude surrounding Muslim culture and the modest standards they practice?

Many members of France’s Left would argue the latter. Jean-Luc Mélenchon, a 2022 French presidential candidate, accused the ban of initiating an “absurd, entirely artificial religious war about a woman’s dress,” and Clémentine Autain, one of La France Insoumise’s MPs, called it “characteristic of an obsessional rejection of Muslims.” The ADM (Action Droits des Musulmans), a group that advocates for the rights of Muslims within France, expressed concerns about the risks of ethnic profiling in schools and how the ban might create a target on the backs of Muslim children, especially since the ban includes no clear legal definition of what an abaya is. It will now be up to the school officials and administration to determine what constitutes an abaya and what does not, further fueling speculation that the ban is discriminatory in nature and will only encourage one-sided racial and ethnic stereotyping based on “the supposed origin, last name or skin color” rather than what they wore.

However, despite bringing legal challenges and these concerns over its implementation, France’s highest administrative court, The Council of State, upheld the law in early September, finding that the abaya “was part of a process of religious affirmation” based on the comments from student discussions. France’s new school year has already seen some resistance to the new legislation, with almost 70 Muslim girls sent home on the first day of school for refusing to change their attire in accordance with the new dress code. Whether it serves to reinforce or deteriorate the rights of all French students, time will tell.

If you would like to learn more about the potential social justice impact of this new legislation and what resistance the ban will see in the future, you can visit ADM’s website.

 

A Human Rights Analysis of American Immigration Policy

Border fence at U.S. Mexico border. Source: TKR.
Border fence at U.S. Mexico border. Source: TKR.

In 1948, in the aftermath of World War II, the United Nations adopted the Universal Declaration of Human Rights (UDHR), a landmark document outlining fundamental human rights that should be universally protected. Among its articles are rights to life, liberty, security, family unity, and asylum from persecution. While these principles are intended to apply universally, immigration policies worldwide often fall short of these ideals. The American immigration system, among others, has come under scrutiny for policies and practices that many argue are inconsistent with UDHR principles.

This blog post examines key areas where U.S. immigration policy diverges from the UDHR’s protections, highlighting the need for reform in pursuit of a fairer, more human-centered immigration system.

 The Right to Asylum: A Challenge to UDHR Compliance

UDHR Article 14 states, “Everyone has the right to seek and to enjoy in other countries asylum from persecution.” The U.S. has historically been a beacon of hope for individuals fleeing war, persecution, and violence. However, recent policies have made it increasingly difficult for asylum seekers to access the American legal system.

The Migrant Protection Protocols (MPP), often referred to as the “Remain in Mexico” policy, exemplify these challenges. Under MPP, asylum seekers from Latin America are often required to wait in Mexico until their immigration hearings in the U.S., facing dangerous conditions and inadequate access to legal counsel. Reports by Human Rights Watch noted that many asylum seekers awaiting their hearings face violence, abuse, and severe lack of resources in border towns. This situation not only hinders asylum seekers’ right to a fair hearing but also disregards their basic safety—a violation of both Article 14 and Article 3, which promises everyone “the right to life, liberty, and security of person.”

Family Separation: Violating the Right to Family Unity

Under UDHR Article 16, “The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.” However, the “zero-tolerance” policy, implemented in 2018, resulted in the separation of thousands of children from their parents at the U.S. southern border. Over 5,000 children were separated from their families in just a few months, with many children experiencing trauma and psychological harm as a result.

While the Biden administration has made efforts to reunite some families, the underlying issues persist. Prolonged detention of families in immigration facilities and inconsistent policies on reunification highlight a system that does not prioritize family unity, contradicting Article 16’s guarantee of family protection.

The Right to Liberty and Security of Person: Detention Practices

The U.S. immigration system has increasingly relied on detention as a standard response to undocumented migration, often holding individuals—including families and children—for extended periods in detention facilities. The conditions in many of these facilities have raised serious human rights concerns, particularly regarding overcrowding, lack of medical care, and poor sanitation.

UDHR Article 3 states that “Everyone has the right to life, liberty, and security of person.” Yet reports from organizations such as the American Civil Liberties Union (ACLU) document cases where detainees have faced severe abuse and inadequate healthcare. A 2019 report by the Department of Homeland Security’s Office of Inspector General highlighted that detainees in some facilities were denied access to medical care, leading to cases of severe illness and even death. This over-reliance on detention and the documented neglect of detainee welfare starkly contradicts the UDHR’s provisions for humane treatment.

Economic Exploitation and the Right to Work

UDHR Article 23 enshrines the right to work, to free choice of employment, and to just and favorable conditions of work. However, undocumented immigrants in the U.S. often face exploitation in the labor market due to their legal status. They may be forced to work in unsafe conditions, for wages below the minimum standard, and without the protection of basic labor rights.

The National Immigration Law Center (NILC) highlights that many undocumented workers are subject to labor abuses without the ability to report them, fearing deportation if they speak out.. This situation contravenes the UDHR’s guarantee of fair working conditions and underscores the vulnerability that arises from an immigration status that does not provide pathways to legal work authorization.

Rethinking Immigration for a Human Rights-Centered Future

The UDHR was crafted to embody the rights and dignity that every individual is entitled to, irrespective of nationality, legal status, or economic contribution. For the U.S., a nation that played a central role in the UDHR’s creation, upholding these principles within its immigration system would signify a commitment to its foundational values.

Reforming U.S. immigration policy to align with the UDHR would require shifts at every level: ensuring fair and accessible asylum procedures, ending family separation, prioritizing alternatives to detention, and protecting labor rights for all workers, regardless of immigration status. Such changes would not only bring the U.S. closer to the UDHR’s standards but also foster an immigration system that respects human dignity and acknowledges the inalienable rights of all individuals.

 

 

The Trafficking of Migrants by American Political Leaders

 

Picture of the famous Ellis Island, where many immigrants made their entrance to America
Source: Wikimedia commons found on Yahoo Images; An image of Ellis Island, the place of entry for many immigrants wishing to enter into America

The issue of immigration in America is one that is divided on so many fronts, and recognizing this division, political leaders have exploited the public’s conflicting views to push their own political agendas. Immigration has a rich history in this nation, and unfortunately, America has had a very unequal approach to how immigrants are treated. While some immigrants, (including many from Western nations) are treated with great respect and dignity, many of the immigrants that come from Central American nations, African nations, or Asian nations are portrayed by many political leaders in the United States as “criminal” or “coming to the US to steal our jobs.” This has been a tactic used historically since the founding of this nation, and it has led to the racial hierarchy that functions in America to this day. Even today, there have been comparisons drafted between Ukrainian refugees and how they are received versus how refugees from Palestine are treated. Ukrainian immigrants were accepted fully without any concern for space, funding, or any of the other arguments that come up in regard to immigration. Palestinian immigrants, who have been struggling with a similar situation as Ukraine, (where another nation has invaded their own nation, claiming property and lives in the process), continue to deal with political attacks and discrimination simply for being Palestinian immigrants. (For more on how countries value immigrants from different nations differently, read a recent post by my colleague Danah Dibb). This discrimination is also present in how immigrants from Central America are treated, including the fact that children are still being held at the border in inhumane conditions separated from their parents.

Additionally, immigrants have been a source of cheap labor for industries since the founding of America. At first, there were indentured servants and slaves that helped build the economic success of America early on. Yet, after slavery was abolished and indentured servitude was outlawed, industries faced a new challenge to find cheap sources of labor to maintain their profit margins without sacrificing their productivity levels. This has led to industries using the modern-day prison industrial complex, (which has evolved slavery and indentured servitude into a legal process), or outsourcing jobs to other poor nations to be able to exploit laborers for their own benefit. Yet, another way that industries have aimed to address their cheap labor needs is through the employment of immigrants, mainly undocumented immigrants who are not protected under American labor laws, and as such, industries can (and do) exploit their labor without any regulations or transparency in the process. Even the process for naturalization and legalization for immigrants is purposefully long and difficult, forcing immigrants to still pay taxes, without receiving any benefits that documented immigrants would receive. Despite the misconceptions of many Americans, immigrants do not take away jobs from the American public; they take on jobs that are generally avoided by most Americans. Also, contrary to the American myth that immigrants are “criminals,” the immigrant population is more rule-abiding than most U.S. citizens. All these facts are relevant to frame the political landscape for immigrants in America. This historical context is necessary for comprehending the full reality of the political stunts that occurred recently in regard to immigrants.

A Bit of Background on Human Trafficking

I wanted to include this image because it is inclusive of what human trafficking entails
Source: Yahoo Images; An image of a person in distress made up of multiple words and phrases relating to human trafficking. These are just some of the realities people who are trafficked face

So, what is human trafficking, and what does it have anything to do with immigrants? Let’s begin with the first question, focusing on what it is, the federal laws on human trafficking as well as international and human rights laws that protect people from being trafficked. Human trafficking is the sale and purchase of human beings for the single reason of exploitation, whether it be for the victims’ labor, or for sexual manipulation. According to the human trafficking institute, over 24 million people worldwide are trafficked, of which 20 million are trafficked for labor-related issues, and another 4.8 million are exploited for the sex industry. These victims of trafficking are comprised of men, women, and children, from various nations, and from any and all age groups. Just looking at the numbers for America, it is estimated that around 14,000-17,000 people are trafficked into the United States. This does not even include the people that are trafficked within the borders, and this estimate is based on reported findings, which means that many people being exploited that have not been reported are not included in this statistic. Of course, as it is with any other issue, the more marginalized the group of people being targeted, the more vulnerable they are to being trafficked. Among other fields such as the sex industry, some of the most popular industries that employ people who are trafficked are the agricultural, manufacturing, domestic, and construction industries, which benefit from the cheap labor force. Victims are coerced into being trafficked through a variety of ways, including the threat of physical and psychological abuse to themselves or their family members (which can include sexual abuse, deprivation of food and sleep, as well as shaming and isolating victims from their family members). Traffickers also abuse the legal system to confuse or manipulate the victims, such as withholding their passports or documents and forcing them to comply with the trafficker’s rules. Immigrants and refugees are especially vulnerable, because they come from another nation, and most of the time, don’t speak the language of the country they are exploited to, are not familiar with that country’s laws, and are also threatened with deportation back to the country they escaped from fearing for their lives.

What protection do people have under the law against being trafficked?

I wanted to include this image to show that the UDHR protects people from being trafficked
Source: Yahoo Images; The Universal Declaration of Human Rights details in Article 4, that all persons are protected from being trafficked, forced into labor, or other forced actions.

Under most nations’ laws, human trafficking is a heinous crime that can result in serious punishment for those who participate in criminal activity. Protected by the Universal Declaration of Human Rights (UDHR) under Article 4,slavery and forced labor are prohibited. States that have ratified the UDHR are under a bounded obligation to protect the rights outlined in the UDHR. The United States has only selectively ratified the rights outlined by the UDHR, and as such, any issues of accountability they might face for any violations of the UDHR can become complicated. The United States does have its own laws against human trafficking, and according to the American state department, they have made it one of their policy priorities. One such legislation passed in 2000 to address this issue was the Trafficking Victims Protection Act, which put into place an updated legal framework that focused on the protection, prevention, and prosecution of human trafficking. Additionally, to better define who falls under the victimhood of trafficked individuals, the A-M-P model was proposed, focusing on the Action, (how the trafficker approached the victims), Means, (what strategies the trafficker employed, mainly force, fraud, or coercion), and the Purpose (for sexual exploitation or labor exploitation) for the trafficking of individuals. This framework helped the legal system better understand not only how the people were trafficked, but also defined the why. With all this being said, let us now move on to the issue of two political leaders, Ron DeSantis of Florida, and Gregg Abbot of Texas, who engaged in the trafficking of migrants across state borders to stage political stunts, in the process of uprooting the lives of many vulnerable immigrants.

Case of Greg Abbot and Ron DeSantis Transporting Migrants Across States

I wanted to include this image because most humans who are trafficked are done so for two reasons: labor or sexual exploitation
Source: Yahoo Images; An image of migrant workers in the field. Many of the immigrants who were trafficked by Abbott and DeSantis were coerced, with false promises of new opportunities.

The Republican governor of Texas, Greg Abbot, in an attempt to make a political statement regarding the United States immigration policies, began loading up busses full of migrants he picked up at the US-Mexico border to then be transported to the houses of his party’s opponents, such as Vice President Kamala Harris. He also proceeded to send busses into cities that are led by Democrats, such as Chicago, Washington D.C., and New York City, arguing that the borders were not secure enough and that the United States allowed too many immigrants into the country. While this argument is far from the actual truth, Abbot is not the only political leader spouting this hateful rhetoric. The cruel tactics that were used were originally made popular by former president Donald Trump in 2019, who envisioned a much more sinister approach to collect all the “rapists and criminals” and “bus and dump” them in blue states to stoke fears against immigrants. The trafficking of migrants has been put into practice many times since then, by political leaders from his own party acting on the former president’s ideas.

Similarly, the Republican governor of Florida, Ron DeSantis, also put into practice Trump’s “bus and dump” tactic but using a private plane this time, to fly migrants to Massachusetts, a state he claims is a “sanctuary state,” (which means these states or cities have an understood policy, whether written or unwritten, to protect the reporting of immigrants and their status to law enforcement, unless the individual is under investigation for a serious crime). In this latest stunt pulled by DeSantis, with the help of an individual identified as “Perla” (Perla Huerta, who is said to be a former counterintelligence agent for the US Army in Afghanistan and Iraq), rounded up 48 migrants in San Antonio, Texas, mostly from Venezuela, and lured them under false pretenses of new opportunities of employment and survival, to board the flight that landed in Martha’s Vineyard. These migrants were handed brochures that came from the Massachusetts Refugee Benefits center (which was made up), and had presented information on the pamphlet which they had copied from the real office for immigration services, Massachusetts Office of Refugee and Immigrants (who had no idea about any of these events). This brochure included “benefits” that the migrants were wrongly led to believe they would be eligible to receive and were flown to Martha’s Vineyard in Massachusetts. These benefits included promises of eligibility to receive up to eight months of cash assistance, housing assistance, food, clothing, and transportation assistance, and even help with childcare and education. Not knowing that these were only eligible for documented immigrants that had already been granted asylum, many of the Venezuelan asylum seekers (who had not been granted asylum by the United States) were misinformed and manipulated.

So, what happened to the migrants in both these cases?

Although this is not an image from the recent trafficking incidents, I wanted to include an image of what it looks like when community members come together to help migrants out.
Source: Marty Graham via Yahoo Images; An image of a community coming together to help with the medical needs of the migrant population

Despite the belief by both Abbot and DeSantis that these migrants would not be well-received, the people from the cities where the migrants were dropped off took it upon themselves to ensure that the migrants had adequate food and shelter arrangements as the issues of what to do moving forward were being decided upon. Chicago, one of the cities which received the waves of migrants sent by Governor Abbot, went out of its way to ensure that the migrants’ needs are being met and that they receive the medical care and legal advice they need as they await their fates. Similarly, in Massachusetts, Governor DeSantis’s plan was to drop the migrants off at the foot of a community center and they were told to knock to receive help. No one knew what was happening, but the entire community around Martha’s Vineyard came together to help feed and clothe the migrants. The 48 migrants later ended up at the military base in Cape Cod, using the military’s empty barracks for places to sleep.

If the actions of governors DeSantis and Abbot are run through the A-M-P model discussed earlier, the purpose of these stunts would be the only aspect that might be hard to judge from a legal perspective. The actions the two governors took would clearly fall under the transporting criteria of the first step, and their means would include both fraudulence and coercion for the second step. Although their purpose was of a political nature, they still rounded up migrants through fraudulent means to be migrated forcefully out of their current residence, without a proper place to be sheltered and provided for. While DeSantis dropped the migrants off at Martha’s Vineyard and forced the people there to deal with the aftermath, Abbot transported the migrants to the doorstep of the houses of his party’s political opponents. These actions, if committed by someone, not in a position of political power, would have led to the person facing severe legal repercussions. Yet the two governors have doubled down on their actions, proudly taking responsibility for the stunts, and Abbot even promises that more migrants are on their way, implying that he is not yet finished.

Update: Migrants file lawsuit against DeSantis

United States Supreme Court Building, Washington, D.C. Original image from Carol M. Highsmith’s America, Library of Congress collection. Digitally enhanced by rawpixel. Source: found via Yahoo Images Public Domain

Still, DeSantis might face some form of accountability for his actions, as the 48 migrants he flew to Martha’s Vineyard have filed a civil lawsuit against him, claiming that in the process, he violated the fourth and fourteenth amendments as well as many federal laws. The attorneys, on behalf of the migrants filing the lawsuit, are calling on DeSantis to be banned from repeating this political stunt again and are asking for DeSantis to pay for the damages caused to the migrants as a result of his actions. DeSantis came out protesting this accusation, claiming that his actions were legal because he had obtained signed consent forms from all the migrants who boarded that plane. He also alleged that this was not an act of coercion but that the migrants willingly took the journey to Martha’s Vineyard. However, most of the migrants claim they did not know where they were being taken to, only that they were promised good employment opportunities and a chance at a better lifestyle. Many of the migrants that were coerced into getting on the plane did not even speak or understand English. Additionally, there have been updates provided that the funds for these political stunts pulled by DeSantis came from public, tax-payer funds, meaning that this is also a case of misappropriation of state funds. Some legal experts are even proposing that these political stunts can be categorized as “kidnapping” because the victims were moved from one place to another without knowledge about where their destination was going to be. We will have to wait and see how this lawsuit plays out, mainly on the issue of whether there will be any accountability for people in positions of political power.

What now?

So, while we await the final verdict from the courts, what can be done to ensure this doesn’t happen again? For one, we could put immense public pressure on the two political leaders using a tactic known as “naming and shaming” to discourage them from pulling similar stunts in the future. However, many people that support these politicians, mainly the Republican base, have applauded the two governors’ behaviors, doubling down on their anti-immigration stances. In a society that continues to become more polarized, “naming and shaming” might have the opposite results than expected. Additionally, another step that can be considered is impeachment, or even banning the two politicians from holding office again. Some people might say this may be a drastic move, but if, as an elected official, you are irresponsible with so many human lives, including those of children, where you think it is okay to treat others with disrespect and ignominy, then you should not be allowed the opportunity to serve a position that would put you in charge of people’s well-being.

Another approach would have to come from the international community, mainly the international criminal courts, in an attempt to hold these individuals accountable for violation of human rights. This too, however, might not be as easy as it seems. For one, the federal courts would have jurisdiction before the international courts, and even still, in 2002, then President George W. Bush “unsigned” the Rome Statute, and a few months later, Congress passed the American Servicemembers Protection Act, which forbade the US from assisting or supporting the ICC or any member states that support the ICC. Further, it granted the president full power over securing the release of any US person, or allies that are held or imprisoned by the ICC. Although there has been renewed interest in revisiting this legislation, from an unlikely individual at that (Lindsey Graham), this support might not extend as far as investigating members of his own party. America has long struggled to hold its political leaders accountable, whether it be for war crimes committed by past presidents, or even for simply acknowledging historical atrocities that have occurred in the nation’s past. However, without proper accountability for these heinous political stunts, the two governors would set a precedent for the worse treatment of migrants in the future.

The U.S. Migration Crisis

Visual depiction of article contents
This image, depicting a U.S. Border Patrol Agent on horseback capturing two Haitian migrants, went viral on Twitter in September 2021. The backlash caused heightened calls for immigration reform in the United States. SOURCE : Yahoo! Images

On October 10, 2021, seventeen migrants fleeing from Cuba were apprehended after coming ashore near Key West, Florida. Arriving on a “chug”, or small, rustic boat that is common for those fleeing Caribbean nation-states, the migrants were given breakfast by police. Despite this small gesture of kindness, the migrants will most likely end up being deported back to Cuba.

As reported by the Miami Herald, in the fiscal year of 2021, the United States Coast Guard arrested 838 Cuban migrants, a staggering number considering that only 49 were detained  in 2021. This recent uptick in Cuban migration reverses a downward trend that was seen after President Obama ended the “wet foot, dry foot” policy in 2017, which had allowed most migrants who made it to American soil to stay in the nation. The policy had first been introduced in 1995, and it’s reversal was an attempt to “normalize” diplomatic relationships with Cuba. Since the Cuban Revolution in 1959, over one million Cubans have uprooted their lives to come to the United States.

But perhaps even more alarming to those watching over the rights of undocumented persons is the plight of over 30,000 Haitian migrants who were expelled back to Haiti by Texas immigration authorities in record time in September 2021. Twitter exploded when a photo of U.S. border control agents on horseback chasing Haitian migrants was posted, highlighting the inhumane treatment many fleeing refugees face when making the dangerous journey to the United States. Immigration, an issue that has been a hot-button topic in the United States for decades now, has once again come into the collective conscience of domestic issues in the United States. Reform, now perhaps more than ever, is the call of all Americans, regardless of political alignment.

The Causes of Haitian Migration to the United States 

To understand the migration crisis that is currently occurring at the southern border of the United States, it is paramount to explore the issues that are causing people to make a life-threatening journey of thousands of miles for the wish of a better future.

Haiti has experienced both natural disaster and political instability this year. On July 7, 2021, Haitian President Jovenel Moïse was assassinated in his home in Pourt-a-Prince, leaving the county in a vacuum of political unrest. And barely one month later, the already unstable state was rocked by a 7.2 magnitude earthquake, killing over 2,300 people and injuring over 12,000. 77% of those affected were already experiencing poverty.

Haiti has also been unable to recover from the 2010 earthquake, with over 300,000 people still living in unofficial housing or displacement camps. The cholera epidemic that was introduced by United Nations peacekeeping forces in the aftermath of the earthquake has infected over 800,000 people and claimed the lives of over 10,000. Haiti continues to hover in the bottom 10% of nations on the Human Development Index, with 2020’s report seeing Haiti at #170 out of 189 nations tracked by the system, the lowest of any country in the Western Hemisphere.

The promise of economic opportunity for Haitians, who are expected to earn $1,709 dollars per capita as Gross National Income, is enough to draw many away from Haiti. But as climate change continues to make tropical storms more numerous and severe in the Caribbean, we are not only seeing economic and political refugees flee to the United States, climate refugees have already begun to flee the immense poverty and misery present in Haiti and other Caribbean island nations. Climate refugees, This multitude of push factors have led hundreds of thousands to flee to the United States on the often unobtainable promise of a better life in a new country.

Attempts to Reform Immigration in the United States 

Shows
Immigrants arriving at Ellis Island in the late 19th century. SOURCE : Yahoo! Images

The immigration debate in the United States has existed for almost as long as our nation itself. While immigrants from nations such as Ireland and Italy faced harsh discrimination throughout the 19th century, immigration remained relatively open and free. After the Supreme Court declared immigration regulation a federal responsibility in 1875, immigration controls were put in place quickly, with the Chinese Exclusion Act of 1882 beginning over a century of isolationist, anti-immigration political rhetoric and policy that lasts to this day.

After current President Joe Biden declared that the current United States immigration policy was a “moral failing”, human rights activists were excited for changes that would allow asylum-seekers and refugees an easier path to shelter. Biden also promised to “tackle the root causes of irregular migration”, sending a message that human rights abuses causing the crisis we are seeing out of Haiti and other Central American countries may finally be dealt with, raising the standard of living throughout these states and limiting the need for refugees to uproot their livelihoods to come to America.

Despite the hope for immigration reform on all sides of the American political spectrum, misinformation and fear have brought the possibility of positive change to a grinding halt. The most popular plan as of now is to introduce a path to citizenship for those who came to the United States before 2010. While this is amazing progress, it does not address the modern immigration crisis we have seen occur in the 2010’s into this new decade. It also would not provide amnesty for any Haitian refugees or asylum seekers who came to America in the aftermath of the 2010 Haitian earthquake.

There has been positive progress towards providing refuge from international crisis. The United States has seen a massive decrease in immigration arrests in fiscal year 2021. With the lowest numbers reported in a decade, the level of arrests in 2021 was 4.5x less than it was in 2011. Despite this progress in policy enforcement, actual changes in policy that tackle the systemic causes of mass migration from Central America and allow asylum seekers to more easily enter the United States would truly alleviate the migration crisis at our southern border.

COVID-19 in ICE Detention Facilities

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Children ask for their parents’ safety while they are in ICE facilities during COVID-19. Source: Yahoo Images

On a visit to a private United States Immigration and Customs Enforcement (ICE) facility in Texas, a reporter met with Philip, an immigrant from the Democratic Republic of Congo, to speak about the conditions of ICE facilities amid the coronavirus pandemic. Philip recalled his experience, telling the reporter that ICE does not “pay attention to the rules,” and “agents do not wear masks and do not respect quarantine.” Furthermore, he shared that the agents claim “health isn’t ICE’s responsibility.”

How severe is the risk of COVID-19 in the ICE facilities?

After hearing about the first warnings of COVID-19, Chris Beyrer, MD, Desmond M. Tutu Professor of Public Health and Human Rights, highlighted the potential for catastrophic outbreaks of the virus in America’s jails, prisons, and immigration detention centers. His background in epidemiology and research on infectious diseases in prisons gave him the credibility he needed to make such a grave claim. Additionally, in Wutan, China, where one of the first big outbreaks of COVID-19 was, prisons and jails had all the red flags that worsened the spread of COVID – indoor facilities, crowded populations, and hygiene challenges. This was more alarming to Breyer since he was aware of America’s densely populated facilities and their lack of preparedness in handling a pandemic.

Breyer was approached by a group of lawyers working with five older Latina women in the El Paso ICE facility; the women, in addition to their age, had at least one preexisting condition, such as diabetes and hypertension, putting them at a greater risk of becoming severally ill if they were to contract COVID. The lawyers sent Breyer detailed plans of the facility and housing arrangements, and Breyer’s team concluded that ICE could not protect the five women; they would be at high risk if they were exposed. The case reached a federal court where the judge ordered the release of all five women, who fortunately had family in the U.S., so they could go home. The judge’s ruling cited the irrefutable scientific evidence and explicitly said that ICE had failed to prove that they could protect the women from exposure. This precedent itself sets the standard for any other case that emerges during COVID in relation to ICE and the safety of a detention facility amid a pandemic.

Police in ICE facilities ignore COVID-19 guidelines. Source: Yahoo Images.

What else has ICE been doing amid a pandemic?

The sad part is that this unsanitary environment was present prior to the pandemic. In a 2019 inspection of ICE facilities by the Department of Homeland Security (DHS), the report says the DHS found “egregious violations”: moldy bathrooms, food safety issues, lack of hygiene items, and inadequate medical care. If these problems existed pre-pandemic, there is no guarantee that ICE has improved their filthy detentions’ environments. Though the ICE website has posted that it is abiding by CDC guidelines, there is no solid proof of such changes. Instead, ICE’s ongoing deportation flights have not ceased. Since January, over 450 deportation flights to fifteen countries in Latin America and the Caribbean have taken place. Eleven of these fifteen countries have confirmed that deportees returned with COVID-19. Since March, ICE has arranged 180 flights from detention centers in hotspot states – Texas, Arizona, California, and Florida – to the Northern Triangle and Mexico. Cases across the region in March jumped from few to thousands, which has been worsened by the deportations of COVID-positive immigrants.

A Call to Action

Amy Zeidan, an assistant professor of Emergency Medicine at Emory University, called for ICE to comply with mandatory CDC guidelines and release as many people as possible from immigrant detention. It has also been suggested to do three things in the meantime to fix the underlying structural issues that have worsened the spread of COVID in detention facilities: “increase COVID-19 screening and mass testing; improve access to medical care outside of ICE facilities for COVID-19 positive detainees; [and] implement systematic investigation into ICE facilities in violation of other guidelines.”

Homeland security is something that everyone cares about. But if America needs to cage immigrants in unsanitary, filthy conditions where they are at a greater risk of dying, then the DHS and ICE need to rethink their stance and their treatment of people who have immigrated to the United States. This pandemic affects everyone, but it can be mitigated with the correct precautions. People like Philip who witness such malnourishment within ICE facilities do not deserve to be treated with such cruelty.

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One perspective into an ICE detention facility. Source: Yahoo Images.

Fires and COVID-19 Race Through Lesvos Migrant Camp

“We are asking for the European community to help. Why are they not listening to us? Where are the human rights? We took refuge in the European Union but where are they? There are no toilets, no showers, no water. Nothing. Not any security or safety. We die here every day.”

Devastation in Moria

On the night of September 8th, 2020, fires raged through Europe’s largest migrant camp in Moria, Lesvos in Greece. It is home to more than 13,000 people which is 6x its capacity. Recently, Moria has caused deep political divisions and unrest in Europe over Mediterranean migration. Moria serves a direct transit point for hundreds of thousands of people seeking refuge from Afghanistan and Syria with the European Union. After Europe started closing its borders and putting a quota on the number of immigrants 4 years ago, life in Moria began to be plagued by mental and physical health issues and desperation. What was originally a temporary camp, became the home of deplorable conditions for people who were running from another deplorable environment.

On the night of the fires, thousands of Moria residents were displaced and are currently being refused entry into Europe, being refused basic rights to shelter and safety, being refused access to proper shelter and sanitation, and being refused their human rights. Since fleeing the fires, the refugees have resorted to sleeping on fields and the sides of roads. Thousands of migrants are now demanding more permanent housing because their situation is so out of the norm and they just want to feel safe in one environment, but their cries for help are continuing to go unheard. The Greek government has taken positive steps to build a more permanent migrant camp, but this leaves little to no hope for refugees seeking a better life outside of Lesvos.

This picture shows the a part of the residential area of the Moria camp where proper housing is severely limited and lacking along with our necessities. Source: Marianna Karakoukali

While accounts of how the fires started are currently being investigated the Greek government is claiming to have identified the culprits. Rumors of how the fires started are illustrative of ethnic and political tensions on Lesvos. The refugee migrants are tired of their poor living circumstances and the local population is upset with lack of regional, national, and international support for managing the influx of migrants and refugees on the island. While a second civil rights movement is happening not only in the United States, but all around the world, racial and ethnic tensions are high. Many refugees feel the European Union is turning its back on them. The European Union is becoming less tolerant for migrants and refugees, when it had once promised to help.

So how is COVID-19 affecting Moria?

Earlier this year, Greece went into lockdown and put travel restrictions on tourists coming in and residents going out. At the beginning of September, there was a small outbreak among the residents at the Moria camp, and human rights advocates are concerned that the Greek government is using this outbreak as an opportunity to further constrain the lives and freedoms of the migrants. The Greek minister for migration; Mitarchi, released a statement saying that the outbreak suggests need for a more “closed and controlled” environment for the migrants. This is odd considering that Moria has experienced far fewer cases than the rest of Greece, but the restrictions placed over the lives in Moria were much higher in comparison. In the Spring, the United Nations was so overwhelmed and concerned with livelihood and the living conditions at Moria that they called to expedite the migration process and related paperwork. So along with the day to day living conditions at Moria, COVID-19 and readily available access to healthcare is making life harder for the migrants. The fires may have been set in retaliation against the newer COVID-19 restrictions by the migrants or they might’ve been set by the local residents who fear the spread of COVID from the camp.

What is going on now?

In the meantime, while the Greek government is talking to French and Italian national leaders, riot police have been deployed to both the site where fires have been set, and also to the new refugee camp that is being set up to shelter those abandoned in Moria. This new site is at Kara Tepe where local media has identified helicopters that have been transporting tents and other necessities for the residents. In the fires, refugee documentation and belongings have been lost and burned, so it is still being determined how accessible the new site at Kara Tepe will be. Many refugees are now saying that they will not go back to another refugee camp where proper living conditions are not guaranteed, but the Greek government is saying that it will “not be blackmailed.”

Refugees sleep on side of the road following the fires, while they await further government housing and instructions. Source: Tasnim News Agency

What can you do to help?