Although the United States is a strong advocate of anti-trafficking
efforts, its CBP officers' failure to identify potential victims of
Mexican trafficking along the Border undermines these efforts.9
While certain factors, such as lack of training, may affect CBP's
ability to identify such victims, its differential treatment of Mexican
UACs through the mandatory forty-eight hour screening process
after apprehension has done more harm than good in protecting
UACs from drug cartels and other forms of organized crime in
Mexico. 10
This Comment argues that the United States is failing to uphold its
obligation under the Trafficking Protocol because CBP's screening
process for Mexican UACs fails to adequately determine whether
Mexican children apprehended at the Border are victims of
trafficking. Part II of this Comment gives a brief history of the
development of the trafficking phenomenon, specifically child trafficking, and its relevant international conventions. I It then lays
out the United States obligations under international12 and domestic
trafficking laws. 13 It finally describes CBP officers' current treatment
of apprehended Mexican UACs.14
Part III of this Comment demonstrates how TVPRA's procedural
measures, as they apply to Mexican UACs, are not combating child
trafficking and asserts that, as a result, the United State is violating
its obligations under international law to properly identify victims of
trafficking. This part particularly focuses on how CBP's screening
process of Mexican UACs is violating international law under
articles 10(2), 6(4), 9(1), and 11 (1) of the Trafficking Protocol. 5 Part
III very briefly analyzes how the United States is also violating the
"best interests of the child" standard, which has been widely
accepted in the United States and other states. '