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The Legal and Ethical Quandaries of a Falling Trump Border Wall: What Would Mexico Do?

January 05, 2025Tourism1691
Introduction Recently, the concept of a fallen border wall has sparked

Introduction

Recently, the concept of a fallen border wall has sparked a flurry of speculation and debate. The question at hand is whether Mexico would have the right to keep any part of the wall should it collapse. This article explores the legal and ethical dimensions of the scenario and delves into the broader implications of border security and property rights.

Legal Aspects: Property Rights and International Law

According to international law, if property from one nation falls onto the soil of another, that property becomes the property of the neighboring nation. This principle, however, hinges on the wall indeed crossing into Mexican territory. Given the height and placement of the wall, it seems unlikely that it would span across the international border line.

The current border wall is approximately 30 feet tall and situated about 40 feet inside the U.S. border, according to the Roosevelt Easement. This means that even if the wall were to fall, it would be unlikely to migrate far enough to become Mexican property without significant movement.

Practical Considerations: Community and Environmental Impact

The practical considerations revolve around the immediate and long-term impact of any fallen structure. If the wall were to fall, the police's quick closure of the area would prevent unauthorized access, much like when debris from a construction site must be cleared before it can be illegally scavenged. In Mexicali, a city known for its extreme weather conditions, it is highly unlikely that the residents would have any immediate use for the fallen wall pieces.

The climate in Mexicali ranges from very hot in the summer to freezing cold in the winter, making the streets less of a communal space. Coupled with the area being sparsely populated, the chance that residents would try to make use of the debris is slim.

Utilization of Fallen Wall Pieces

Historically, Mexicans have salvaged pieces of the current border wall for use as building materials. They have even repurposed American barbed wire for securing homes. Should the Trump wall fall, there is a possibility that these pieces could be repurposed similarly.

However, if they were to salvage and use the fallen wall pieces, it would likely be to sell them to a scrapyard rather than use them as building materials. This suggests that the potential for conflict is more about the legal and symbolic ramifications rather than the physical utility of the material.

Ethical and Economic Implications

The ethical implications of a fallen border wall are multifaceted. The wall serves as a physical and political statement about the U.S. government's stance on immigration. Should Mexico come to possess any part of it, the symbolic value of the structure would likely be diminished.

From an economic perspective, there is a significant issue if individuals or groups were to illegally cross the border and take pieces of the wall. Such actions could be classified as theft and may result in legal penalties or fines.

Speculative Scenario: Mexico's Response

Speculating on what Mexico might do, if given the option, is a fun exercise. In this scenario, if Mexico were to take possession of the fallen wall, they could engage in a symbolic “deportation” by breaking it into sections and sending it to U.S. embassies in neighboring countries. This could serve as a comment on the wall's controversial nature and the causes that led to its construction.

Presidental executive actions aside, Mexico could also use the wall pieces as a tool for negotiation. Requiring the U.S. to either pay for the removal or bear the costs and the responsibility would shift the burden back to the original builders.

Conclusion

The issue of a fallen border wall is complex and involves multiple legal, practical, and ethical dimensions. Whether or not Mexico would have the right to keep any part of the wall is a question best resolved through international legal frameworks and diplomatic channels. The scenario also highlights the broader issues of property rights, illegal immigration, and the symbolic and physical impacts of border walls.