Editor’s note: This article originally appeared in our sister bilingual publication, El Tribuno del Pueblo, at tribunodelpueblo.org.
Tijuana, Baja California – Imagine more than 500 migrants, and increasing, from Colombia, Peru, the Middle East, Asia and others regions, waiting between two border walls that were built to separate the U.S. and Mexico. In this makeshift open-air detention site, asylum seekers suffer degrading, cruel, and inhumane treatment, sleeping on the ground while it’s raining and cold weather.
Migrants “cannot leave the area because of the physical walls that stand in their way. Some of those arriving are suffering severe pain, diarrhea, headaches, etc. Many individuals are pregnant, have children with them, have no shoes, are muddy, wet, and in terrible condition.” (Declaration of Adriana Jasso, who has worked with the American Friends Service Committee for 16 years.)
“Customs and Border Patrol (CBP) is violating international treaties on cruel, inhumane, and degrading treatment. The United States has signed and ratified the International Covenant on Civil and Political Rights (ICCPR), an international treaty that recognizes fundamental human rights. Under the U.S. Constitution’s Article VI, treaties are the ‘supreme law of the land’ governing the responsibilities of every part of government at the local, state, and federal levels. Thus, CBP is bound by the ICCPR.” (May 13, 2023 letter from Ricky Garza, Border Policy Counsel for Southern Border Communities Coalition – SBCC Compliance Branch Office for Civil Rights and Civil Liberties in Washington, DC.)
Additional violations included having only one portable toilet for hundreds (400-500) of individuals staying in this enforcement zone without cleaning it, and it very quickly became unusable. Per a declaration by Pedro Rios of American Friends Service Committee/San Diego: “Migrants reported waiting up to seven days with no shelter, minimal water, and only a granola bar to eat. I communicated with the Border Patrol liaison about the conditions, and shortly after that agents placed a 5-gallon container of water every morning, but this would finish quickly. By mid-day, there was no available water.”
Migrants follow all that is asked of them. CBP has implemented a tracking system using color-coded or labeled wristbands like the ones used for concerts. It is used to identify people’s arrival based on the agent’s first interaction with them, which might be a day or two after they actually arrive in the corridor. What is the real use of this activity?
Children do not deserve the horror of injuries from barbed wire, hunger, rain and cold weather, or insecurity and being unsafe in this long journey to find safety along with their parents. Migrants are finding many changes, especially with the ending of Title 42, a Trump-era policy that continued under the Biden Administration. Title 42, which finally ended on May 12, was a public health-related policy due to COVID that immediately deported anyone seeking entry into the U.S. Now the rules have changed again, which has caused confusion and chaos.
The need is great, the surrounding communities are demonstrating their compassion and since they have become aware of the migrants’ location are providing water, diapers, sandwiches/food, hygiene products, etc. The shelters along the border, especially in Arizona, Texas, and California are all beyond capacity. They lack everything that humans need.
Some U.S. officials are not embracing the humanitarian crisis that this exemplifies. Instead, the military and national guard are being deployed supposedly to keep order. These are migrants that are fleeing violence, poverty, and corruption in their own countries, hopeful of more humane treatment in the U.S. They have not found it at the border.
“There is a right way, a safe way, and the wrong way, an unlawful way, to enter the United States,” said one elected official. “Those who arrive at the border without using a lawful pathway are presumed ineligible for asylum.” Title 8, a policy that was in force during Obama’s administration (by which 400,000 were deported) is now in force and carries penalties with a five-year ban from entering the U.S.; a second arrest can result in prison.
A relatively new policy of using the CBP ONE app does not seem to be working as planned and is causing frustration. Criminals are making promises that are false and abusing the tremendous hope that migrants have. Never have we seen 24,000 border patrol agents along with military and national guard at the border. Per Homeland Security Secretary Alejandro Mayorkas, the plan is to open 100 regional processing centers in Central American countries so that people will not arrive at the U.S. southern border. No definite dates have been given. Other desperate migrants have also been going to the border in Canada. Some have returned home in a body bag or gone missing. It is a treacherous journey to find a safe place.
A declaration by Lilian Serrano, a monitor of human rights, provided an example of the lack of medical care interventions: “In another incident, I was notified today at 4:15 pm that a 29-year-old pregnant Somali woman had thrown up five times today. I contacted the Border Patrol liaison, and he told me that I should have just called 9-1-1. Then he said he would call them. Several hours have now passed and no one has arrived to assist the pregnant woman. We are keeping a close eye on her and hopefully, she will receive help soon.”
The media is calling it a “border crossing crisis” while ignoring that there is an international right to migrate that is being violated. People around the world are on the move to find a safe place to raise their families. We pray that a humanitarian solution is found to avoid tragedies, deaths, detentions, and separation of families. Migrants continue with their determination and hope. As Pedro Rios declared, “There is no doubt that the migrants in the corridor are in Border Patrol custody. As such, they should be treated with dignity and decency pursuant to human rights standards. That is not what’s happening.”
(Note: Migrants at this location near Tijuana-San Ysidro have been moved out, while at the same time, the Jacumba Hot Springs, CA, high desert community about 70 miles east of Tijuana is now experiencing the arrival of hundreds of migrants. Please join with others who are helping migrants as they arrive in your cities, while simultaneously advocating for comprehensive immigration legislation that welcomes migrants humanely and allows those who have been here for years to have access to a path to citizenship.