The Weight of Numbers: Counting Border Crossing Deaths and Policy Intent

Abstract

Executive Summary

This article explores how undocumented border crosser (UBC) deaths are counted as well as mis- and under-counted across the US southwest, and proposes a suite of policy remediations to standardize this process. An accurate count of UBC recovered remains is vital to understanding the scope of fatalities associated with border crossing, providing evidence accounting for the reciprocal relationship between US border enforcement and the incidence of migration-related death. To meaningfully intervene, it is insufficient to advocate only for more robust individual death investigations, though this is pivotal to forensically identify UBC decedents and unite them with their loved ones. Though identification and reunification of UBCs are the elements of forensic care most commonly attributed as humanitarian, the relationship between forensic investigation and international humanitarian principles is equally about accumulating primary evidence for policy intervention and justice claims on behalf of those who wrongfully die. Even if existing counting mechanisms do not provide the means for establishing this attribution between border-crossing deaths and border enforcement policy, this article lays out an argument for why they must do so and it makes recommendations for how this can take place.

Necessarily, this article begins with a critique of existing mechanisms for counting UBC deaths, from the federal observation of such deaths by Customs and Border Protection, to the bureaucratic mechanisms for the collection of vital statistics authored at the local level. It then suggests means for improving accurate counting using the US Standard Certificate of Death. It particularly explores two aspects of the certificate, Manner of Death reporting and a section that asks death filers to describe how the death occurred, sections 37 and 43 respectively. Finally, it explores historical precedent for altering the standard death form at local and then national levels, positing that select amendments to the existing death certificate would be useful for standardizing how medicolegal death filers across the border and beyond can more accurately enumerate and characterize UBC deaths.

Policy recommendations include the following, in order of immediacy:

● Jurisdictions across the US southwest must adopt standardized criteria for counting fatalities believed to be associated with undocumented border crossing.

● Despite some local formalization of UBC counting, current means of representing UBC status in vital records remains ad hoc across the US southwest and existing mechanisms for counting elude wider scale national recognition in vital statistics. The most straightforward and reliable method of standardization to ensure systematic representation of UBC deaths across the borderlands would be a UBC checkbox on the death certificate. This would require cooperation with state-level public health departments and legislatures. Precedent exists for changing the death form at the state level, facilitating, in some cases, for eventual inclusion of new components of the death certificate to be adopted on the US Standard Certificate of Death. This is recommended as a longer-term goal.

● Finally, there must be a means to characterize the deadly relationship between UBC fatalities and US border enforcement policy and practice in vital records where UBC Manners of Death are most often characterized as “Natural” or “Accidental.” Both are inaccurate. Unilaterally ensuring an accurate count leaves room for a trend already well underway in which agencies associated with border enforcement have cast UBC deaths as simply due to unfortunate heat-related accidents, resulting in legislation aimed to mitigate deaths that fails to address the role of border policy in causing deaths. This paper recommends that a new Manner of Death category could be useful beyond the border to represent non-capital crimes enforced by leveraging bodily harm.