Drowning On Dry Land: Rethinking Mexican Migration Policy From A Human Rights Perspective

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2019-05-01

Authors

Finstein, Blaine

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Abstract

As structural issues such as organized crime and corruption deepen in Mexico, migrants are caught in the crosshairs, resulting in migratory routes rife with danger and a worsening human rights record. This paper explores how human rights practices for migrants in Mexico can be improved with respect to state policy. I begin by establishing the international and domestic law in place before moving into an assessment of the extent to which rights are guaranteed. I addresses the disconnect between legal instruments and what happens on the ground, analyzing the influence of securitization as well as social and structural factors at play against migrants in policy-making and implementation. Finally, I propose policy solutions in light of protection gaps and constraints, arguing for a non-traditional regularization of migration through Mexico that would free migratory routes from organized crime networks that pose the majority of the risk. In addition, I advocate for: the incorporation of the National Human Rights Commission into the judicial system in order to provide accountability for crimes committed against migrants, superior training of state migration workers and streamlined protocol, along with funding increases for COMAR, Mexico’s refugee agency.

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