Things That Matter

It Hasn’t Always Been A Crime To Cross The US-Mexico Border, So When Did Things Change?

Let’s start from the beginning. While immigration has been an issue on everyone’s lips over the past while after the Trump administration started enforcing a zero tolerance policy against border crossings, a new way of thinking about the issue was introduced during the Democratic debates.

Presidential hopeful Julián Castro suggested that border crossings should be decriminalized. Because if border crossings aren’t a criminal offense, then people can’t be charged for crossing the border illegally, right? Well, in short, yes. But the issue concerning what’s officially known as “Section 1325” is more complicated than what it initially seems, on the surface.

Decriminalization does not mean a free-for-all across the border.

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As much as the Trump administration would likely characterize the proposed policy as a stab at open borders, that’s not the case. The reality is that crossing the border at the moment is treated as a criminal offense, meaning that those without the appropriate documentation are automatically detained indefinitely: they are treated as a criminal.

However, decriminalizing border crossings would instead ensure that those who do attempt to cross the border are not slapped with charges of a criminal offense.

Instead, border crossings without appropriate documentation would be treated as a civil offense. In the same way that people aren’t considered a criminal for accruing a speeding fine, people crossing the border also wouldn’t be automatically treated as a criminal. This proposed approach is also more consistent with the US’ role as a signatory for the United Nation’s 1951 Refugee Convention. That is, that it’s not illegal for people to cross international borders and request asylum from another country.

Decriminalization would mean considering a new model for regulating the traffic of people across the border.

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Granted, the US still has to consider its security interests when processing requests for asylum. However, the current state of things has seen exponential overcrowding and related issues in detention centers near the border, with no indication as to whether people are seeing their requests for asylum considered at all.

Beyond the human rights problems this presents, there is also a legal quandary that must be considered in the US judicial system. Currently, the appropriate punishments for migrating across the border include both detainment and deportation – which, let’s face it, cannot be fulfilled at the same time. 

This turns into an argument around semantics: should someone be deported if they haven’t served their time in a detention center? And should someone stay in a detention center when they really should have been deported long beforehand, to prevent them from accessing the US at all? Castro’s proposal is not just about alleviating the stress being placed on US resources by detaining considerable numbers of immigrants, nor is it only about correcting human rights atrocities. It’s also about considering how immigrants are treated by the legal system.

It’s actually possible that decriminalization could reduce the number of illegal immigrants who stay indefinitely in the US.

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And yes, that’s including those who have been detained. Instead, if an immigrant was caught crossing the border without papers, they would be detained only for a brief amount of time. Once it is determined by authorities that the immigrant doesn’t raise any red flags, they would be released into the US, complete with a case management system to check in on them. The immigrant would then have to attend an immigration hearing, which would determine their status. Should it be found that the immigrant did not qualify for asylum, they then would accordingly be deported.

The positive of such a proposal is that family separation would be a thing of the past. Because border crossings wouldn’t involve criminal prosecution, there would be no reason to detain, and thus separate, families. Children would not be psychologically scarred for life simply because their parents sought a better future for them.

In fact, the US has had a longer history of decriminalized borders than criminalized ones.

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It’s worth noting that this idea of decriminalized borders isn’t really a new one. It wasn’t until 1929 that the US passed a bill that considered border crossings as a criminal misdemeanor, which meant that people could be prosecuted for entering the US without the proper authorization.

Most immigration laws before this point were focused on keeping out alcohol, gun traffickers and Asian immigrants. But, it was a white supremacist senator, Coleman Livingston Blease, who suggested fees and testing at the US-Mexico border – or, Section 1325 of Title 8 in the US Code. Are we surprised? In retrospect, no, no we are not. 

To be honest, even with this relatively short history of the criminalized border crossings, most presidents paid immigration little attention, as doing so would result in forever prosecuting misdemeanor illegal entry cases. Generally speaking, those caught crossing the border were simply informally returned.

Granted, there were some exceptions to this attitude. For example, The Great Depression saw Mexicans demonized for taking much-needed work, and deportations spiked around that time. However, it wasn’t really until the Bush administration that more decisive, ongoing action was taken on immigration. This gradual escalation in enforcing immigration policies led us to the catastrophe we’re seeing today at the borders, under the Trump administration.

So, how can you look forward to a future of decriminalized border crossings?

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Voting for 2020 presidential candidates who favor decriminalized border crossings are your best bet, if you’re keen on seeing the law changed. It’s worth listening to each candidate’s stance on immigration. For instance, aside from Castro, Democratic candidate Elizabeth Warren has also endorsed repealing Section 1325. On the other hand, Beto O’Rourke rejected the idea from the outset, proposing his own set of aggressive immigration plans. The key is to listen to the policy proposals – not just smooth platitudes.

While voting strategically is probably one of the most effective ways to see decriminalized border crossings, you do have other ways of continuing the conversation. Sharing articles on social media, like this one, can educate people and start worthwhile discussions around the issue. Writing, and even meeting with, your local political representatives can increase their own awareness of constituent interests. After all, it’s their job to represent you! Getting involved with activist groups that promote immigrant rights is another way that you can promote and work towards the decriminalization of border crossings.

Anyway, we’ll leave you with this: the wildest fact is that, from 1980 to 2010, the Border Patrol budget was increased 16 times. This was despite the reality that the number of attempted undocumented entries did not rise during this time. Considering the mounting numbers of detainees at the border, it stands to reason that immigration is yet another issue reduced to sound bites and narrative twisting from those politicians seeking to Make America Great Again – despite human welfare being at stake. While we can discuss all we like about when and how border crossings have been treated by the criminal system, the important thing to focus on is how we value human lives.

READ: Fear And Anxiety Grip Undocumented Community Nationwide As Walmart Arrests Escalate

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The Little-Known Underground Railroad That Ran South to Mexico

Culture

The Little-Known Underground Railroad That Ran South to Mexico

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Latinos make up the largest minority group in the country, yet our history is so frequently left out of classrooms. From Chicano communities in Texas and California to Latinos in the civil rights movement of the 1950s and 1960s and the Underground Railroad – which also had a route into Mexico – Latinos have helped shape and advance this country.

And as the U.S. is undergoing a racial reckoning around policing and systemic racism, Mexico’s route of the Underground Railroad is getting renewed attention – particularly because Mexico (for the very first time in history) has counted its Afro-Mexican population as its own category in this year’s census.

The Underground Railroad also ran south into Mexico and it’s getting renewed attention.

Most of us are familiar with stories of the Underground Railroad. It was a network of clandestine routes and safe houses established in the U.S. during the early to mid-19th century. It was used by enslaved African Americans to escape into free states and Canada. It grew steadily until the Civil War began, and by one estimate it was used by more than 100,000 enslaved people to escape bondage.

In a story reported on by the Associated Press, there is renewed interest in another route on the Underground Railroad, one that went south into Mexico. Bacha-Garza, a historian, dug into oral family histories and heard an unexpected story: ranches served as a stop on the Underground Railroad to Mexico. Across Texas and parts of Louisiana, Alabama, and Arkansas, scholars and preservation advocates are working to piece together the story of a largely forgotten part of American history: a network that helped thousands of Black slaves escape to Mexico.

According to Maria Hammack, a doctoral candidate at the University of Texas at Austin studying the passage of escapees who crossed the borderlands for sanctuary in Mexico, about 5,000 to 10,000 people broke free from bondage into the southern country. Currently, no reliable figures currently exist detailing how many left to Mexico, unlike the more prominent transit into Canada’s safe haven.

Mexico abolished slavery a generation before Abraham Lincoln’s Emancipation Proclamation.

Thirty-four years before Abraham Lincoln’s Emancipation Proclamation, in 1829, Mexican President Vicente Guerrero, who was of mixed background, including African heritage, abolished slavery in the country. The measure freed an estimated 200,000 enslaved Africans Spain forcefully brought over into what was then called New Spain and would later open a pathway for Blacks seeking freedom in the Southern U.S.

And he did so while Texas was still part of the country, in part prompting white, slave-holding immigrants to fight for independence in the Texas Revolution. Once they formed the Republic of Texas in 1836, they made slavery legal again, and it continued to be legal when Texas joined the U.S. as a state in 1845.

With the north’s popular underground railroad out of reach for many on the southern margins, Mexico was a more plausible route to freedom for these men and women.

Just like with the northern route, helping people along the route was dangerous and could land you in serious trouble.

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Much like on the railway’s northern route into Canada, anyone caught helping African-Americans fleeing slavery faced serious and severe consequences.

Slaveholders were aware that people were escaping south, and attempted to get Mexico to sign a fugitive slave treaty that would, like the Fugitive Slave Act of 1850 that demanded free states to return escapees, require Mexico to deliver those who had left. Mexico, however, refused to sign, contending that all enslaved people were free once they reached Mexican soil. Despite this, Hammock said that some Texans hired what was called “slave catchers” or “slave hunters” to illegally cross into the country, where they had no jurisdiction, to kidnap escapees.

“The organization that we know today as the Texas Rangers was born out of an organization of men that were slave hunters,” Hammack, who is currently researching how often these actions took place, told the AP. “They were bounty hunters trying to retrieve enslaved property that crossed the Rio Grande for slave owners and would get paid according to how far into Mexico the slaves were found.”

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Viva Mexico Is Trending On Twitter Proving That Mexico Is More Than Just A Country

Culture

Viva Mexico Is Trending On Twitter Proving That Mexico Is More Than Just A Country

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It is Mexico’s Independence Day and that means that Mexicans around the world are honoring their roots. Twitter is buzzing with people who might not be in Mexico but they will forever have Mexico in their hearts. Here are just a few of the loving messages from people who are Mexican through and through.

Viva Mexico is trending on social media and the tweets are filled with love and passion for the country.

Mexico received its independence from Spain on September 16, 1810 and since then the day has been marked with celebration. The day is marked with parties of pride and culture no matter where you are in the world.

Mexicans everywhere are letting their Mexican flag fly.

Tbh, who doesn’t want to be Mexican to enjoy the day of puro pinche pride? The celebration for Mexican Independence Day starts on Sept. 15 with El Grito. The tradition is that the president of Mexico stands on the balcony on Sept. 15 at 11 p.m. and rings the same church bell that Roman Catholic priest Miguel Hidalgo y Costilla rang in 1810 to trigger the Mexican Revolution.

People are loving all of the celebrations for their homeland.

The original El Grito took place in Dolores Hidalgo, Guanajuato in 1810. While most El Grito celebrations take place at the National Palace, some presidents, especially on their last year, celebrate El Grito in the town where it originated.

Honestly, no one celebrates their independence day like Mexico and we love them for it.

¡Viva Mexico! Mexico lindo y querido. How are you celebrating the Mexican Independence Day this year? Show us what you have planned.

READ: Many Mexicans Are Calling Out Fragile Masculinity As Some Continue To Protest A Controversial Zapata Painting

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