Definition is of course available in municipal
laws of who is an alien, and this is not surprising, because an alien is
an alien to a State (but can there be an alien to all the states on
earth?). But illegal immigrants who are aliens to a state have been in a
state of double jeopardy - they do not have the good luck to get
protection when they arrive, and they will not benefit from any moral
responsibility owned by a state wherefrom they decided to exit, a state
that evidently does not care much for the fleeing population. Allowing
population to leave is part of its pursuit of a "nice exit"
policy (except in case of migrant workers when foreign remittances to
the economy would be going down). We have to remember that unlike the
Civil and Political Covenant, the International Covenant on Economic,
Social and Cultural Rights does not create obligations on the states to
fulfil immediately on signing. Therefore, a state can get away by
arguing that its allocation of resources is insufficient, but is
non-discriminatory. An illegal migrant who is forced to move out from
his country is seen as showing desire for "good life", and
thus not eligible for his/her right to protection of the social,
economic and cultural attributes necessary for his/her dignity. The mix
of the two flows, of the refugees and illegal immigrants, now
accentuates all the problems facing humanitarian politics today. Here is
an instance of what is happening therefore round the world, marking in a
very condensed form the non-dialogic segment inhabited by the aliens who
suffocate, perish, and die in the most silent way, without any chance to
talk to the world of the international that they wanted to enter:
In November 2006, fourteen men and women left their coffee farms in
Veracruz, and began the journey north. Within days, their bodies were
found on the hardpan of the Sonora desert. On first look, they died of
agonizing dehydration, like hundreds more over the last few years,
trying to cross the same forbidding border. |
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But their deaths were caused by more than lack of water. These
farmers left their beautiful Veracruz mountains because free-market
reforms - no rural credit, no crop subsidies and others - drove them off
their lands. And having made the hard decision to look for jobs and a
better life in the north, U.S. immigration policy made their deaths
practically inevitable.No visas were available for them - the waiting
line for green cards at the embassy in Mexico City goes back to 1976. A
draconian border policy has closed the safer routes across, pushing
migrants further and further into the desert and mountains, making the
great migrant stream less visible, along with its human cost.And if they
had arrived safely, what life would these farmers have found?
They would have become part of a migrant workforce with conditions and
wages at the bottom, denied the most basic rights - no unemployment
insurance, no medical care, no social benefits of any kind. Because of
employer sanctions, the very act of working would have been a crime.
Ironically, they might easily have been employed by the same
corporations relocating jobs to Mexico, attracted by the very
free-market conditions, which force migrants to leave.
But perhaps the worst thing about their deaths is the way they'll be
used, not to advocate for humane changes in U.S. immigration policy, but
to justify a new bracero program making border-crossers like them a
permanent, second-class workforce for the profit of U.S. business.
President George Bush and his fellow free-market advocate, Mexican
President Vicente Fox, are both under pressure to reduce border deaths.
Vastly expanding guest worker programs, they argue, would open the doors
of legal immigration to those now forced to cross in secret.
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