William & Mary Journal of Race, Gender, and Social Justice
Abstract
Thousands of migrant fatalities are reported each year all across the globe, and as staggering as current numbers are, they are likely an undercount. These deaths are a direct result of government policies that funnel migrants into dangerous routes through deserts and seas to deter immigration. Further, when individuals and groups step forward to provide immediate aid to migrants—such as food, water, shelter, first aid, and search and rescue (SAR)—they are often targeted by intimidation, harassment, discipline, and even criminal prosecution. Thus emerges a question: what legal framework can protect the rights of humanitarian aid workers acting in solidarity with migrants, and what should it entail? This Note analyzes some of the most discussed frameworks in current literature on this issue, identifies their strengths and weaknesses, and finally addresses what factors should be considered in a comprehensive, effective approach to countering the criminalization of migrant solidarity.