COMMENT: THE EFFECT OF POST-9/11 BORDER SECURITY PROVISIONS ON MEXICANS WORKING IN THE UNITED STATES: AN END TO FREE TRADE? Skip over navigation
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Copyright (c) 2004 Emory University School of Law
Emory International Law Review

COMMENT: THE EFFECT OF POST-9/11 BORDER SECURITY PROVISIONS ON MEXICANS WORKING IN THE UNITED STATES: AN END TO FREE TRADE?

Fall, 2004

18 Emory Int'l L. Rev. 725

Author

Lisa J. Bauer*

Excerpt



Introduction
 
A short time prior to the terrorist acts of September 11, 2001, U.S. President George W. Bush, in response to strong pressure from Mexico, met with Mexican President Vicente Fox to discuss Fox's labor concerns. President Fox advocated entering into a bilateral agreement, permitting freer labor migration and legalizing the status of many undocumented Mexican migrants in the United States in return for a revamped "guest worker" program. 1 The concerns over domestic security, however, prompted by the events of September 11, immediately shifted the focus of U.S. foreign policy to "closing, not opening, the borders." 2

Post-9/11 border security regulations are restricting the access of Mexican laborers and professionals to the U.S. market and thwarting the North American Free Trade Agreement's ("NAFTA") 3 purported goal of a "gradual integration of North American markets." 4

Part I of this Comment provides background. Part II describes the plight of the undocumented Mexican worker in the United States. Part III focuses on the difficulties encountered by the Mexican businessperson attempting to enter the United States to complete business transactions. Part IV suggests solutions to these problems.

Part I first addresses provisions of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act ("USA Patriot Act" or "Act") 5 that affect business and illegal migrant immigration. The past ineffectual attempts by the United States to tighten border security on the U.S.-Mexican border are then discussed, as well as the effects of these attempts ...
 
 
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