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Research Paper: The Conflict between Border Security and Human Rights
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The Conflict between Border Security and Human Rights
Abstract
Border security is essential to homeland security, national sovereignty, and our nation's economic
prosperity. Human Rights ensure that we are all protected from abuse and promote fairness,
equality, respect, and dignity. However, the two often conflict in our borders. The articles
research fundamental human rights according to international law, where conflicts arise, and how
to solve them. Citing an example of the US-Mexico borders, the paper unveils the unfairness
travelers face at various borders and how they go against human rights. The research paper aims
to demonstrate that we can have both border security and observance of human rights.
Introduction
The Department of Homeland Security (DHS) is responsible for keeping our country safe by
ensuring it controls the entry of people and goods into our borders (Department of Homeland
Security, 2023). The priority of American border security is to keep away terrorists and any
harmful weapons from the country and allow legitimate travelers and trade. In today's globalized
world, more people cross international borders every day to pursue business, education, trade, or
even seek asylum. In order to control illegal entry, border and transportation security have
adopted technologies that gather, process, and share data to manage the migration flows. Many
technological gadgets are used to screen goods and people to ensure no illegal person or thing
passes the border. Screening procedures are fundamentals of intercepting and identifying people
suspected of being terrorists or affiliated with terrorist acts (Abomhara et al., 2020). Some of the
procedures followed by border security attract controversy on whether they adhere to
international human rights law.
International law obligates every nation worldwide to protect and respect every person's human
rights despite their nationality, race, or age, even as they take precautions to prevent terrorism
(UNCCT, 2021). Security officials are expected to be human rights conscious while screening
travelers so that they can comply with the requirements of the international human rights law.
Nonetheless, this is not always the case. Over the years, severe bridge complaints of human
rights have occurred in our borders. Many migrants have faced human rights protection gaps in
the land, sea, and air borders, especially when they are running from hardship and cannot seek
protection from their transit countries. There have been many cases of arbitrary or prolonged
detention, unlawful profiling, gender-based violence, ill-treatment, and dangerous interception
practices in international borders. Our borders lack regular migration pathways and have punitive
security migration laws and xenophobic rhetoric that end up increasing the risk of violation of
human rights rather than mitigating them.
The Important Human Rights in the Borders
International laws require every country to protect, respect, and fulfill all human rights, even as
they secure and manage our borders (UNCCT, 2021). Human rights apply to every person and
are not optional; thus, border officials must put them into practice. Some of the fundamental
human rights relevant to our borders include
Right to be treated with dignity
Right to life
Right to leave and enter their country
Right not to be forcefully returned to their country if there is a risk of harm
Right to be handled well as a human being in a transparent process per the law.
Right to freedom from cruelty, torture, or any inhuman treatment
Right to security
Right to movement
Right to privacy
Freedom of expression
Right to family reunification
Right to a fair trial and due process
Right to basic needs: health, water, food, and sanitation
In addition, everyone has the right to privacy. Digital communications bring disputes to the right
of privacy. According to the law, any surveillance measure must be publicly accessible, and the
collection and processing of any data should be for legitimate reasons (Abomhara et al., 2020).
The data should also be protected from any misuse. Any personal information collected by
border officials should be for a justifiable, legitimate aim, non-discriminatory, reputed by law,
and proportionate and necessary to the needs. When individual data is shared internationally,
lawful procedures should be followed (Henriksen, 2023). For instance, no data should be shared
with people who need international protection, like refugees. In addition, the law gives every
person a right to due process, which entails the right to individual examination. Racial or ethnic
profiling plus making decisions based on discrimination basis is against the human rights laws.
Children, pregnant women, people with disabilities, or any other exceptional cases should be
receiving special treatment according to their needs. Nonetheless, while most of these laws are
clear, they are only sometimes followed in the borders. Unfortunately, most travelers and
migrants are unaware of their rights or lack the means to fight for their rights.
The Controversies Surrounding Border Control and Human Rights
One of the major concerns that challenge human rights is the issue of asylum seekers. The
country has laws to control and stop irregular migration (Henriksen, 2023). Nonetheless, it is a
human right to seek protection from persecution in their countries. Most people who want to
come to America and lack legal migration channels take advantage of fake asylum seekers
(Sassen, 2019). These tendencies make the border security cast doubts on all refugees, making
them set even more restrictive measures. In addition, there is also confusion between economic
migrants and asylum seekers, resulting in a vast, complex procedure to prove there was
persecution. The restrictions set to control migration affect the ability of genuine refugees to seek
asylum, which violates their rights.
Secondly, in the recent past, there have been severe cases of human smuggling and trafficking.
There is evidence of cross-border human mobility businesses and many associated criminal
activities (Sassen, 2019). There exist corrupt bodies that try to benefit from enabling people to
bypass the strict migration laws when they desperately need to get onto American soil. In some
ways, border controls even encourage smuggling, which is a violation of human rights. Thirdly,
migration is costly and sometimes leads to loss of lives. Statistics show that at least every day, a
migrant dies at the U.S.-Mexico border. In many cases, the gap in exposure of migrants to
deaths, harsh conditions, and exploitation is again associated with strict migration laws (Staudt,
2022). Borders are, therefore, faced with significant ethical challenges trying to balance between
controlling irregular migration and caring for human rights.
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Migration is generally understood as a security threat, even without factual proof. Irregular
migration and asylum crises have been associated with the destabilization of economies, drug
trafficking, and every type of crime (Sassen, 2019). These perceptions leave very little space for
consideration of human rights. The biggest concern is usually about striking a balance between
allowing the free flow of trade and maintaining security in our borders. Human dignity and rights
rarely play a role in the discussions. Many nations, including America, are reluctant to address
migration from a rights-based perspective as other concerns seem more critical. The relationship
between restrictive asylum policies and human smuggling is ignored. The government largely
ignores deaths at the border and migrant vulnerability. Even when human rights violations are
acknowledged, they are unrelated to migration policies.
The interconnection between border security and human rights is a complex, ambiguous issue
involving human agencies, policies, and government and their influence on border controls,
human rights, and migration policies. It is hard to define who is to blame for what. For instance,
if a migrant dies at the border, who is responsible? The government or the migrant who risked
their life in an illegal immigration attempt. Should the transit country not be blamed for not
caring for its citizens and allowing them to leave hazardous conditions without the correct
documentation? It is a human right to leave one's country, but who is to blame if leaving exposes
you to danger? The role of preventing human rights violations and control of migration is a
complex issue to tackle.
Human Rights Violations in the US-Mexico Border
The US-Mexican border faces the most significant human rights crisis about border security and
human rights. Thousands of people are believed to have died in the 120,00 miles Sonoran Desert
on their way to the American border due to the harsh environmental conditions and lack of basic
needs, along with other dangers (Staudt, 2022). In addition, various regimes of the U.S.
government have criminalized migrants, exposing them to mistermed and discrimination (Staudt,
2022). The U.S. government, under Trump's demonstration, was accused of having cruel
migration laws that deny refugees the right to seek asylum. The U.S. used COVID-19 as an
excuse to expel thousands of migrants to danger and deny them the right to seek asylum. Many
of the people turned away were exposed to kidnappings, violent attacks, and brutal conditions.
Mexican asylum seekers have been illegitimately denied protection in U.S. ports and expelled
back to their country, where they were running from persecution by cartels (Staudt, 2022). In
addition, many migrants in the borders have cited verbal abuse from officials and severe
discrimination even when in the country.
Can States Restrict human rights?
International human rights law provides the restriction of certain human rights in specific
exception cases in alignment with the law (UNCCT, 2021). The restrictions cannot be
discriminatory or arbitrary and meet the following conditions:
They must have a clear legal basis. The person must understand what law allows for that
restriction
They must have a legitimate objective
They must be necessary out of a social need
It must be the least restrictive measure applicable
Be tailored to meet a target objective
It must be discriminatory
Striking a Balance between Border Security and Human Rights
Maintaining border security and protecting human rights are the most essential obligations of any
government. It is the responsibility of the American government to ensure its borders are well
protected from any terrorist attacks and harm that come from the borders. Security is often
deemed more relevant than observance of human rights (Henriksen, 2023). Cases whereby a
country can choose to restrict a human right for security, must be related to bridging one right
over another that is more important. America has repeatedly affirmed that security and human
rights protection are mutually reinforcing and complementary, not conflicting objectives.
Statistically, there is little evidence that terrorists use migration routes, for example, the US-
Mexico border, to get into the country (Staudt, 2022). While states have the right to exercise
jurisdiction within their borders and determine migration policies, they are expected to do this in
full consideration of human rights. Adopting a human-based approach to border governance will
help us develop an ideal, balanced way to run our borders effectively.
Some principles may be very relevant in upholding human rights within our borders.
1.
Human Rights should be primary
.
In all border governance activities, human rights should take pre-eminence. The domestic laws in
the country should align with the international laws on human rights. The U.S. government
should ensure they have implemented the legal requirements concerning how borders should
operate. The measures set to address irregular immigration should not disadvantage the human
rights and the dignity of the migrants (UNCCT, 2021). There should be outermost due process,
ensuring everyone is examined individually and can appeal. The measures should work for the
best interests of children and other vulnerable people. The Security Council should have a
formula that quickly identifies criminals so innocent people are not unfairly victimized.
1.
Non- discrimination
No one should be discriminated against based on their social and economic situation, family and
marital status, religion, political affiliation, nationality, age, disability, gender identity, health
status, sex, language, color, property, or birth status (UNCCT, 2021). International law requires
undifferentiated treatment for all migrants within borders. All the measures laid out to counter-
terrorism, human trafficking, and any other illegal business should not be aimed at discriminating
against certain people or be used as a basis for profiling some target people. Border security
ensures that the official performs their duties responsibly and without prejudice.
1.
Assistance and Protection from Harm
Migrants have the right to be assisted at the borders and with respect. The laws addressing
irregular immigration should aim at denying criminals and not victimizing innocent travelers.
Also, anyone whose rights are violated at the borders can seek justice (UNCCT, 2021).
Conclusion
The solution to the conflict between border security and human rights lies in the realization that
there are not conflicting goals but complementary ones. While it is evident that human rights
have been violated in American borders, little is being talked about. Security concerns should not
nullify human rights, as the right to security is a human right. It is time that the government,
NGOs, and the concerned agencies rise to act and protect human rights, even as they protect our
homeland.
References
Abomhara, M., Yayilgan, S. Y., Shalaginova, M., & Székely, Z. (2020).
Border Control and use
of biometrics:
Reasons why the right to privacy can not be absolute.
Privacy and Identity
Management. Data for Better Living: A.I. and Privacy
, 259–271. https://doi.org/10.1007/978-3-
030-42504-3_17
Department of Homeland Security. (2023). The Department of Homeland Security.
Foundations
of Homeland Security and Emergency Management
, 130–140.
https://doi.org/10.1002/9781394191628.ch8
Henriksen, A. (2023). 9. international human rights law.
International Law
, 166–190.
https://doi.org/10.1093/he/9780192870087.003.0009
Sassen, S. (2019). America's immigration "problem."
Race and Ethnic Conflict
, pp. 223–238.
https://doi.org/10.4324/9780429497896-22
Staudt, K. (2022). Violence at the border:
Human Rights along the U.S.–Mexico Border
, 1–28.
https://doi.org/10.2307/j.ctv2vt02s6.4
UNCCT. (2021).
Human rights at international borders: A trainer's guide
. United Nations Office
of Counter Terrorism. https://www.ohchr.org/en/publications/training-and-education-
publications/human-rights-international-borders-trainers-guide
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