A Major Gig for Buena Vista

By Ana Serra* 

Photo Credit: OtherDrK / Flickr / Creative Commons

Photo Credit: OtherDrK / Flickr / Creative Commons

The Buena Vista Social Club Orchestra’s performance at the White House last week was a celebration of the ongoing normalization process between the United States and Cuba and of the musical collaboration – considered illegal at the time – that made this group possible.  Playing in commemoration of Hispanic Heritage month and the Educational Excellence of Hispanics, it was the first visit to the executive mansion by a Cuban band in more than 50 years, and part of its Adiós World Farewell Tour including a number of U.S. states before traveling to Puerto Rico and Latin America.  Buena Vista Social Club (BVSC) is a brand, starting as a 1940s club in Havana and revived by a 1997 album produced by Ry Cooder with Cuban and US musicians, a 1999 documentary film directed by Wim Wenders (chronicling concerts in Amsterdam and New York), and decades of fame-garnering recognition of Grammies and film awards.  At a time that the U.S. administration is taking steps to relax the terms of the embargo, the invitation auspiciously recognized Ry Cooder’s inaugural ice-breaker, which was investigated as a violation of the Trading with the Enemy Act.  While tied to the commercial success of the band, the concert inadvertently has progressive implications in a racial context.

The invitation to play at the White House amounts to a diplomatic gesture, and as such it was both cautious and optimistic.  The event resonated with many other people-to-people exchanges that have made thaw a reality, and highlighted the prominence of Americans of Cuban descent among Hispanics in the U.S.  The band is tried and true – if fully predictable – in its powerful evocations of a memorable past.  Its traditional musicians evoke the Havana music scene of the 1940s, a time of intense exchange and collaboration between Cuban and U.S. musicians.  In addition, it may cause for some a nostalgia for a supposedly harmonic relationship between the two countries, despite decades of strong U.S. intervention in political and economic affairs during the two administrations of Fulgencio Batista.  The album’s son, bolero, guajira, and danzón rhythms do not challenge expectations and the lyrics talk about love, beautiful women, and tropical landscapes.  Ry Cooder’s role in forming the original band – he apparently brought piano virtuoso Rubén González away from a shoe-shining job – represents the current dream of many art representatives hoping to go down to Cuba and “discover” or “bring to light” hidden talent.

Fans of Cuban music may be disappointed that far more interesting Cuban musicians – in terms of novel song styles or political messages – were not invited.  BVSC’s tunes have become so familiar as to make the minds of listeners numb: they have been played to exhaustion in tourist sites in Havana, and added to the ambiance of many a foreign venue aiming to evoke the irresistible rhythms of Latin American music.  A silver lining, however, are the progressive implications of what the band represents in a racial context.  The original Buena Vista Social Club was a so-called “club de negros” in the 1940s, in which the 1997 BVSC performer Compay Segundo had played.  These clubs were closed down after the 1959 revolution, since their emphasis on black identity was deemed divisive.  At the time of #blacklivesmatter in the United States, it is fitting that the first African-American president hosted this historic band in the White House.  Beyond the problematic background of a beautiful diplomatic gesture the event establishes a bridge between some of the common struggles in the U.S. and Cuba.

October 22, 2015

* Ana Serra is an Associate Professor of Spanish and Latin American Studies in the Department of World Languages and Cultures at American University.

U.S.-Cuba: Must “Democracy Promotion” Obstruct Normalization?*

By Fulton Armstrong

Photo Credit: Martin Burns / Flickr / Creative Commons

Photo Credit: Martin Burns / Flickr / Creative Commons

“Democracy promotion” has been one of the most contentious aspects of U.S. policy toward Cuba – and one of the most counterproductive – but it doesn’t have to be either.  The concept of democracy promotion is ingrained in U.S. policy culture, and the bureaucracies and programs they’ve been charged with conducting over the years are as bullet-proof as any in Washington.  Democracy promotion in different forms has been a main element of U.S. policy toward Cuba for decades. In the 1980s and early 1990s, the U.S. Interests Section conducted an array of outreach programs, engaging with Cuban academics, journalists, and officials – people tolerant if not deeply supportive of the Cuban government – as well as human rights activists and others “outside the system.”  These activities informed and nurtured the aspirations of Cubans in and outside the system who were eager to find Cuban solutions to their country’s mounting problems.  The Helms-Burton Act of 1996 moved democracy promotion into a more aggressive mode, explicitly linking it to regime change.  President Clinton spent token amounts on initiatives related to Cuba’s future transition, but the Bush Administration launched an expansion that has since cost U.S. taxpayers more than $250 million.  The arrest, conviction, and five-year imprisonment of USAID sub-contractor Alan Gross shed light on one such operation.  He smuggled sophisticated communication equipment onto the island to set up secret networks.  Associated Press investigative reporter Desmond Butler uncovered other programs involving communications and political operations against the Cuban government.

The investment has yielded some operational successes, but the impact toward promoting democracy has been negligible and, in important ways, counterproductive.  The program has delivered food, medicines, and other support to the families of imprisoned dissidents (many of whom have been released since Presidents Obama and Castro announced reestablishment of relations last December), but more provocative operations have arguably led only to arrests.  The amateurish clandestine tradecraft of the contractors and program activists, moreover, made it easy for Cuban counterintelligence to penetrate and manipulate their ranks.  The “private libraries” that U.S. taxpayers have paid for do not exist, and communications systems involving expensive satellite gear and satellite access fees have been compromised.  The secretive modus operandi of the operations has given credibility to draconian Cuban government measures, like Law 88 for “Protection of Cuba’s National Independence and Economy,” imposing prison terms for certain contact with foreigners “aimed at subverting the internal order of the nation and destroying its political, economic, and social system.”  Authentic people-to-people exchanges have been tainted as Cubans in the government and on the street are wary that any contact could be part of Washington’s regime-change efforts.

The democracy promotion ideology and bureaucracy seem unstoppable, but Presidents Obama and Castro can take the edge off this irritant with a little effort and flexibility, and even make it mutually beneficial.  The State Department and USAID have pledged to continue the Cuba democracy promotion programs and are asking Congress for $20 million to fund them again this year, but the President’s statement that “it is time for us to try something new” suggests acknowledgment that they need not be so ineffective and counterproductive.  For starters, the Administration could stop citing Helms-Burton authorities, which are explicitly for regime change, and establish criteria for operations in Cuba similar to those in other countries with whom the U.S. has diplomatic relations and is trying to improve bilateral ties.  It could restore and expand what worked in the past, such as the distribution of books and clippings; support for exchange visits; promotion of academic and cultural events; and other non-political activities that include people with government affiliation.  Perhaps most importantly, to decontaminate the programs, the organizations that have already spent millions trying to drive regime change should step aside and let a new generation – based on real people-to-people interests – try something different with the funds.  Both Presidents can trust their citizens to develop the historic roadmap that will define the relationship into the future.  Both the United States and Cuba stand to benefit.

September 25, 2015

*This article is excerpted from the second in a series of policy briefs from the CLALS Cuba Initiative, supported by the Christopher Reynolds Foundation. To read the full brief, please click here.

Puerto Ricans in Florida: Swing Constituency in a Swing State

By Fulton Armstrong and Eric Hershberg

Embed from Getty Images

A surge in the number of Puerto Ricans moving to Florida suggests a major shift in the impact of Latino issues in next year’s U.S. elections. As the island’s economic crisis deepens and severe austerity looms large, thousands of Puerto Ricans are arriving in Florida monthly, according to estimates, with the single biggest destination being Central Florida. The director of the Puerto Rican Federal Affairs Administration office in Central Florida has estimated a 15 to 20 percent increase in the number of new arrivals in recent months. The director of Hispanic Research at the Pew Research Center has called it “the biggest movement of people out of Puerto Rico since the great migration of the 1950s.” Anecdotal accounts follow trends first identified in the 2010 census and a 2013 Pew Research Center indicating an uptick in island-born Puerto Ricans arriving in the mainland. Puerto Ricans in Florida now number almost one million – only 200,000 short of the number of the state’s Cuban-Americans. The three counties around Orlando – seen by pundits as essential to any statewide or national campaign – were home to about 271,000 Puerto Ricans (representing about 14 percent of the total population of those three counties) in 2013, according to U.S. Census Bureau estimates. Many of the new residents are white-collar workers, in contrast to those in the last major wave of arrivals who came to work at Disney World in the 1980s.

Because Puerto Ricans residing on the island are citizens but do not have the right to vote in presidential elections, an influx of hundreds of thousands onto the mainland introduces a substantial expansion of the 2016 electorate, which could be of particular relevance in the hotly contested election in Florida. Although polls show that Puerto Ricans tend to vote Democratic, their support for the party’s candidate at the presidential level is not a foregone conclusion. The director of the Center for Puerto Rican Studies at Hunter College of the City University of New York has said that among the new arrivals “there is a large number of independents … and party affiliations mean less to them” than among mainland-born Puerto Ricans. Of the six members of the Florida State Legislature of Puerto Rican descent, three are Democrats and three Republican. (Orlando-area State Senator Darren Soto – born in New Jersey but strongly identifying with the island of his father’s birth – is running as a Democrat.) Democratic strategists privately claim confidence that the new diaspora will be in their column. They note deep dissatisfaction among on-island Puerto Ricans and the new arrivals toward the Republicans’ opposition to legislation that would allow the island the right to declare Chapter 9 bankruptcy, as well as polls showing significant support for Hillary Clinton. The Orlando Sentinel reported recently that Democrats had taken the lead in voter registration in Osceola County and won control of the County Commission. A deputy director for strategic initiatives at the Republican National Committee, however, told the Washington Post that she sees the Puerto Rican vote in Florida as “up for grabs.”

A decade and a half after the trauma of the Bush-Gore presidential vote in 2000, neither U.S. party dares to take Florida’s 29 electoral votes for granted. The Pew Research Center estimates that some 800,000 Latinos are turning 18 each year –about 2,200 per day – nationwide, making them the biggest source of new voters in each election cycle. It’s hard to see, however, what the Republican Party is doing to win the hearts and minds of Puerto Rican voters in Florida and elsewhere. As American citizens, Puerto Ricans do not have a direct stake in U.S. immigration reform – an issue that galvanizes other Latino constituencies – but the tone and policy prescriptions of that debate may well influence their perceptions of the two parties. The claims and counterclaims of optimistic partisan operatives aside, some Republican candidates’ rhetoric about immigration, Latin America, and U.S. Hispanics in general – including Donald Trump’s colorful admonition of Jeb Bush for speaking Spanish in public – has got to alienate many Puerto Ricans. Perhaps, as AULABLOG previously stated, one or two of the Republicans are likely strike a moderate-sounding approach to immigration in the coming months. Indeed, former Florida Governor Jeb Bush yesterday endorsed immigration reform, including a path to citizenship for “DREAM Act” children, and said, “We don’t need to build a wall. We don’t need to deport every person that’s in this country.” But particularly if the eventual GOP nominee proves reluctant to call for federal legislative or financial assistance for a bankrupt Puerto Rico, the party may face an uphill struggle trying to appeal to Florida Puerto Ricans – a rapidly growing swing constituency in a crucial swing state.

September 22, 2015

U.S. Government Abuse of Apprehended Migrants

By Michael S. Danielson*

Photo Credits: Larry Hanelin, Kino  Border Initiative, 2015.  All Rights Reserved.

Photo Credits: Larry Hanelin, Kino Border Initiative, 2015. All Rights Reserved.

The U.S. Customs and Border Protection (CBP) is not fulfilling its obligation to protect the civil and human rights of migrants apprehended, detained and deported back to Mexico.  A study released this week entitled “Our Values on the Line: Migrant Abuse and Family Separation at the Border” (full text) found that more than one-third of deported migrants experienced some type of abuse or mistreatment at the hands of U.S. immigration authorities.  The abuses included theft, physical abuse, verbal abuse, and inhumane detention conditions.  In violation of U.S. Department of Homeland Security (DHS) policy, these conditions include but are not limited to being held for over 12 hours in facilities without beds, overcrowding, excessively low temperatures, lack of adequate food, and denial of medical treatment.  Commissioned by the Jesuit Conference of Canada and the United States and the Kino Border Initiative (KBI), the report details the results of an in-depth survey of 358 Mexican migrants deported from the United States to the border city of Nogales, Mexico, from July 2014 to March 2015 – and corroborated by short-form surveys of 7,507 other migrants in the same area.

  • Since 2005 CBP has sought to deter Mexican migrants from attempting to enter the U.S. through a policy of “enforcement with consequences.” Formally launched in 2011 as the “Consequence Delivery System,” this package consists of measures against individual migrants that are so harsh as to be obviously intended to cause hardship and suffering.  In so doing, Border Patrol has abrogated its previous commitment, undertaken in 2004, to use its authorities to preserve family unity and ensure humane treatment of apprehended migrants.  Making things worse, Border Patrol agents often incorrectly enter names into computer databases, deny access to phone calls, and deny access to the individual’s consulate.
  • Two out of three migrants surveyed who crossed into the U.S. with immediate family members and apprehended together by the Border Patrol were separated from each other and deported to different ports of entry days, weeks, or months apart.
  • Twenty-eight percent of migrants surveyed were deported at night – to Nogales and other destinations with high levels of violence – making them particularly vulnerable to abuse by criminals and corrupt police and other public officials. One of every seven women was placed in this vulnerable position.
  • Migrants alleging abuse were unlikely to file a formal complaint. Less than one out of every 12 deported migrants in the survey claiming some type of abuse filed a complaint with U.S. immigration authorities.  Reasons for not filing a complaint include being unaware of the right to do so, fear of retaliation, and a belief that it would not make any difference.
  • The abuses were not carried out by “a few bad apples,” but rather reflected policies across Border Patrol and poor oversight of their implementation. The patterns of abuses are too extensive to argue otherwise.

Punitive border enforcement punishes people whose suffering in their home countries had already grown unbearable, and there is no evidence that these policies deter unauthorized immigration.  In fact, a recent report of the DHS Inspector General found that the CBP has failed to accurately measure the deterrent effect and the cost-effectiveness of the core policies of the Consequence Delivery System.  Evidence is much stronger of the negative and unintended consequences of these policies, both for migrants and border security.  In personal communication presented in the report, CBP’s former Assistant Commissioner of Internal Affairs James Tomsheck attests that an attempt to enhance the enforcement capacity of the agency through a hiring surge of some 12,000 new agents in just over two years was marred by a predictable deterioration of the vetting process and a sharp and consistent decline in “the quality and suitability of the Border Patrol applicant pool.”  This new report points to several key areas for reform to help limit abuse by Border Patrol agents, including stronger independent and internal oversight mechanisms to tackle misconduct and abuse; an accessible and accountable complaint process; an overhaul of CBP training; equipping CBP agents with body-worn cameras; and improving CBP short-term detention conditions.  The study also recommends that deportations to Mexican border towns occur only during daylight hours and that DHS, responsible for CBP, put in place a process to identify family relationships and preserve family unity upon deportation.  Such measures would begin to address the most pressing problems faced by migrants and their families – without triggering a spike in migrant traffic.

September 17, 2015

*Michael S. Danielson, a CLALS Research Fellow, was the principal researcher and drafter of the report.

Can the Republicans Close Their Gap with Latinos?

By Eric Hershberg and Robert Albro

Photo credits: Iprimages, Michael Vadon, Gage Skidmore / Flickr / Creative Commons

Photo credits: Iprimages, Michael Vadon, Gage Skidmore / Flickr / Creative Commons

Remarks about immigration made by flamboyant New York billionaire and aspiring presidential candidate Donald Trump have embarrassed many Republicans – and angered many Latinos – but also opened the way for several of his competitors to appear more moderate on the issue.  Echoing comments he made in a televised debate on 6 August, Trump on Sunday issued a policy paper claiming, “For many years, Mexico’s leaders have been … using illegal immigration to export the crime and poverty in their own country (as well as in other Latin American countries).”  He demands that Mexico pay for an impenetrable wall along the border and that Washington deport many migrants, beef up border patrols and narrow opportunities for legal immigration.  Although Trump has often claimed he could win the Latino vote, a poll by Huffington Post/YouGov in June found that 82 percent of Latinos don’t take Trump seriously as a candidate, and subsequent surveys indicate that his rhetoric has damaged the Republicans’ image among them.  (Other polls indicate that Democrats’ immigration proposals, in contrast, have the support of some 60 percent of Latinos.)  The views of the country’s fastest-growing demographic group are significant when considering their prominence in “swing” states such as Florida (24 percent of the population and 14.6 of registered voters), Colorado (21 and 14.2), Nevada (27 and 16) and Virginia (8 and 5).

Most of the 15 other major Republican candidates have tried to ignore Trump’s remarks and the immigration issue overall.  Texas Senator Ted Cruz said he “salutes” Trump and, eschewing “Republican-on-Republican violence,” refused to criticize his views.  But two others – former Florida governor Jeb Bush and Ohio governor John Kasich – have staked out somewhat more moderate positions.

  • Bush stresses the need for more aggressive border enforcement and a crackdown on undocumented residents of “sanctuary cities,” but he also called for an immigration policy that included “documented status” – but not citizenship – for an unspecified number of them. Having a Mexican-born wife and mixed-race children also sets him apart.
  • Kasich last week noted that undocumented migrants are “people who are contributing significantly” to the United States. He said, “A lot of these people who are here are some of the hardest-working, God-fearing, family-oriented people you can ever meet,” and he said he favors a pathway to legal status for people already in the country, adding that such provisions could be part of an immigration reform package.
  • Florida Senator Marco Rubio, who was ostracized by his Republican colleagues in 2013 for proposing reforms along the same lines, has appeared reluctant to criticize Trump, Bush or Kasich – making him possibly the biggest loser on the issue for now.

The elections are still 14 months off, and electoral dynamics change.  Latinos don’t figure in the Republican primaries, and it’s too early to speculate how their voices will play until next year – at which point Donald Trump probably will be seeking celebrity through other endeavors.  Republican strategists have already said that their candidates won’t try hard to court Latinos – and risk alienating the roughly 20 percent of their base in swing states who hold hard-core anti-immigration positions.  Nonetheless, Bush and Kasich’s rhetoric, while still vague on actual policies, may give the party a chance to claim to Latinos that not all Republicans are out to get them.  No Republican on the front line today appears likely to attract majority support among Latinos, but a moderate-sounding approach to immigration could take the rough edges off the party’s image, reduce Latino opposition to it and diminish the issue as a Democratic Party advantage.

August 18, 2015

The Untold Story of Manuel Contreras and the CIA

By John Dinges*

The man who designed and executed the massive human rights crimes of Chile’s military regime died last week.  Manuel Contreras remained a general in Chile’s Army even during the last 20 years in prison, with accumulated sentences of more than 500 years imposed by Chilean courts.  In the United States, his murky relationship with the CIA and masterminding of a shocking terrorist attack in Washington, dominate perceptions of his record.  Contreras, a nondescript, somewhat pudgy man who never tired of boasting about the effectiveness of his anti-subversive campaign, created a security police apparatus, DINA, independent of Chile’s military hierarchy.  He reported only to General Augusto Pinochet, with whom he met early each morning.  DINA was responsible for about half of the 3,200 killed by the Chilean military, and virtually all of the cases of desaparecidos – people detained, tortured and killed in secret interrogation centers, whose bodies were then disposed of in secret graves or dumped into the sea.

Chile was not the most brutal military dictatorship – more than 10,000 Argentines and 200,000 Guatemalans died during that era – but Contreras and Pinochet became the international face of Latin American state terrorism of the 1970s, for various reasons, including their intimate relationship with the United States and in particular with the U.S. Central Intelligence Agency.  It is not quite true that the CIA organized the military overthrow in 1973 of socialist president Salvador Allende, but the U.S. embrace of the violent coup was enough to create the widely accepted narrative that the United States brought Pinochet to power and made him a creature of its anti-communist foreign policy, whose global architect was Henry Kissinger.  In addition to ruthlessly persecuting political opponents in Chile, DINA carried out a spectacular act of international terrorism in the heart of Washington, D.C. – the 1976 car bomb assassination of Allende’s former foreign minister Orlando Letelier, in a blast that also killed an American woman, Ronni Moffitt, and wounded her husband Michael.

Some were quick to see the hand of the CIA in that horrendous crime, a charge that is repeated even today among some writers in Latin America.  But these writers may not be aware that Contreras actually promoted the idea of CIA involvement in Chile as a way to mask DINA’s crimes.  Here, briefly, is what Contreras did to point the finger at the CIA:

  • Contreras was the first to reveal, in an interview, that the CIA had sent intelligence trainers to Chile to help in the formation of DINA, a fact belatedly confirmed by the CIA to a Congressional investigation.
  • As his chief international assassin, Contreras hired Michael Townley, a U.S. citizen who had tried to join the CIA as a clandestine agent – a fact unquestionably known to Contreras and now well established in U.S. declassified documents.
  • Contreras developed a close operational relationship with the CIA, agreeing to provide intelligence in exchange for payment.  He is known to have traveled to the United States to consult with top CIA officials at least five times, including with CIA deputy director Vernon Walters in August 1975 – after which he went on to Caracas to lay out his plans for an international assassination alliance, Operation Condor.  Whether Contreras briefed Walters on the assassination plans is buried in CIA secrecy.
  • Contreras used Operation Condor to obtain false documents for Townley and another DINA agent to use in the first phase of the Letelier assassination.  With the plot under way, in July 1976, he visited Walters again.  Whatever the nature of those conversations (the declassified record is vague), Contreras was again associating himself with the CIA in relation to the impending murder.

When charged with killing Letelier, Contreras pulled out this defense: that the CIA had infiltrated DINA to commit crimes for its own purposes, that Michael Townley was really taking his orders from the CIA, and that the CIA, not DINA, killed Letelier in Washington. That version of events is false, according to my investigations.  Nonetheless, the charge of CIA involvement in Operation Condor and Letelier’s murder has become a kind of dogma, both on the right and the left.  It can be found in the writings of some U.S. academics and is extremely common in narratives of the period in Latin America.  Although there is no direct evidence for the charge, the history of CIA intervention, complicity in human rights violations and defense of military dictatorships is enough to convince many people that it must be true.  Few of those who believe it are aware they are making common cause with General Contreras, perhaps the most emblematic human rights criminal in Latin America.

August 12, 2015

*John Dinges teaches journalism at Columbia University.  He sorts out the documented, fact-based truth about the U.S. role in “The Condor Years: How Pinochet and his Allies Brought Terrorism to Three Continents” (The New Press 2004).

U.S.-Cuba Diplomatic Ties: Beyond Symbolism

By William M. LeoGrande*

U.S. Secretary of State John Kerry delivers a statement to the international media after President Obama announced plans to re-open a U.S. Embassy in Cuba. Photo Credit: U.S. Government / Public Domain

U.S. Secretary of State John Kerry delivers a statement to the international media after President Obama announced plans to re-open a U.S. Embassy in Cuba. Photo Credit: U.S. Government / Public Domain

The reopening of embassies in Washington and Havana is symbolic of the change in U.S. policy that President Obama announced last December 17—replacing the hostility and subversion dating back to the break in diplomatic relations 54 years ago with engagement and cooperation.  As he declared on July 1, “This is what change looks like.”  Beyond symbolism, reopening the embassies has important practical benefits.

  • Cuba and the United States have had diplomatic representation in each other’s capitals since 1977, but those “Interests Sections” were restricted in their operations. Having full embassies will create better channels of communication between the two governments, facilitating negotiations on other issues that must be resolved before bilateral relations are fully normal.
  • Diplomats will have greater freedom to travel and speak with citizens of the host country.  Diplomats’ travel has been restricted to the capital regions of both countries since 2003, when the George W. Bush administration imposed controls on Cuban diplomats, and Cuba reciprocated.  Negotiations on opening the embassies were delayed by Cuban concerns that U.S. diplomats would travel around the island promoting opposition to the government—a common practice during the Bush administration.  The restoration of diplomatic relations returns to the pre-2003 status quo, when diplomats could travel freely upon simply notifying the host government.
  • For Washington, the move will have benefits beyond Cuba ties.  The policy of hostility persisted through ten U.S. presidential administrations, gradually isolating the United States from allies in Latin America and seriously endangering U.S. relations with the entire region.  It was no coincidence that President Obama noted that the new approach to Cuba would also “begin a new chapter with our neighbors in the Americas.”

Congressional opponents of the opening to Cuba can do nothing to stop the re-establishment of diplomatic relations, but they can slow down broader normalization processes.  The Constitution vests the power to recognize foreign countries with the president alone.  But whoever the president nominates as the new U.S. ambassador to Cuba will face tough sledding in the Senate Foreign Relations Committee, where Senators Marco Rubio (R-Fla.) and Robert Menendez (D-NJ) have declared unwavering opposition to normalizing relations.  In the House of Representatives, Republicans have introduced legislation to deny funds to upgrade the Interests Section to a full embassy—a move that only punishes U.S. diplomats in Havana, prospective Cuban immigrants, and visiting and U.S. citizens who need consular services.  Moreover, opponents will not allow any legislation in the next 18 months that would make Obama’s Cuba policy look like a success.  That means U.S. economic sanctions—the embargo and ban on tourist travel—will remain in place at least through the next presidential election since lifting them entirely requires changing the law.

Although full normalization—with robust trade, social, cultural, and political ties—will take a long time, there is more that can be done to expand government ties.  Washington and Havana have a half-dozen working groups on a wide range of topics, and we could soon see bilateral agreements on issues of mutual interest like law enforcement cooperation, counter-narcotics cooperation, environmental protection in the Caribbean, the restoration of postal service, and more.  President Obama also could use his licensing authority to further expand commerce with Cuba, in particular, licensing U.S. banks to clear dollar-denominated international banking transactions involving Cuba, a prohibition that is today one of the major impediments to Cuba’s international commerce with the West.  The president could restructure democracy promotion programs so that they support authentic exchanges in education, the arts, and culture, rather than promoting opposition to the Cuban government.  The issues between the United States and Cuba are complex and multi-faceted.  Resolving them will require overcoming half century of mutual distrust.  But the re-establishment of normal diplomatic relations constitutes the first necessary—symbolic and practical—step toward the future.

July 14, 2015

*William M. LeoGrande is professor of government in the School of Public Affairs at American University.  This blog is adapted from his op-ed on Fox News Latino.

U.S. Immigration Reform: Stuck Again

By Aaron T. Bell

Steve Rhodes / Flickr / Creative Commons

Steve Rhodes / Flickr / Creative Commons

Opponents of the Obama administration’s executive actions on immigration – measures the President announced last November – have successfully blocked their implementation, setting the stage for a renewed political battle over the issue during next year’s U.S. elections.  Citing frustration with congressional inaction on immigration, Obama had announced that he would use his authority to expand the age limit of the Deferred Action for Childhood Arrivals (DACA) program, which temporarily defers deportation and allows undocumented immigrants to work, and to create a similar program for the undocumented parents of U.S. citizens and permanent residents.  Twenty-six states, led by Texas, filed a lawsuit in response, claiming that Obama violated a constitutional requirement to enforce the law and that he committed a technical violation of the Administrative Procedure Act (APA).  On February 16, the day before DACA was set to expand, a federal judge in Texas issued an injunction on the executive action programs.  The administration filed for a temporary stay of the injunction, which would allow it to begin implementing the programs while the court weighed their legality, but two weeks ago a Court of Appeals panel turned it down.  A long legal process in the 5th Circuit Appeals Court (based in Louisiana) will follow.

Despite this setback, recent precedents suggest that the Administration may yet win its case.  Arizona Sheriff Joe Arpaio, an outspoken opponent of reform, filed a lawsuit against the administration shortly after Obama announced his executive action, but a federal judge threw out the case in December on the grounds that Arpaio had not suffered direct injury from these actions and was thus ineligible to file suit.  Two months ago the 5th Circuit, which has a conservative reputation, unanimously dismissed a lawsuit filed by Mississippi and several Immigration and Customs Enforcement officers that challenged the original DACA program.  As in the Arpaio suit, the court reasoned that the plaintiffs lacked legal standing to bring the case, and – rejecting an argument also embraced by the Texas lawsuit that Obama’s executive action will cost taxpayers thousands of dollars in processing fees for driver’s licenses – the court recognized the economic benefits of the DACA program.  Fourteen states and the District of Columbia filed a brief in court in favor of the government’s case arguing that Texas and its co-plaintiffs have underestimated the fiscal benefits of the executive action programs.

Although the Courts may in the end reject the arguments of Obama’s opponents, they can claim at least short-term success.  Implementation has come to a complete halt, and immigration activists worry that the longer the legal process drags out, the less willing undocumented immigrants will be to apply to the programs and increase their risk of future deportation.  A subsequent appeal to the Supreme Court may push the executive actions back to mid-2016, reinvigorating immigration reform as a campaign issue just as election season is heating up.  Pew Research announced last week that its most recent polling data show that 72 percent of Americans support a path to legal citizenship for undocumented workers in the country, including 56 percent of Republicans.  Presumptive Democratic candidate Hillary Clinton has already pledged her support for reforms that go further than what Obama has tried to accomplish.  Republican candidates have slammed the President’s executive actions as “overreach” but are divided on where to go from there.  Former Florida governor Jeb Bush and Senator Marco Rubio have expressed support for a legislative replacement for DACA, while Senators Ted Cruz and Rand Paul have said they would make reversing Obama’s executive actions on immigration one of their first acts as president.  Wisconsin Governor Scott Walker recently expressed a desire to limit legal immigration as well in order to protect American jobs. Delaying immigration reform may ultimately put the Republican Party’s candidates in a difficult position next year.  If Obama’s executive action benefits family and friends of tens of thousands of Latino immigrants in the months preceding the November elections, the weak Hispanic voter turnout for Democratic candidates in the 2014 midterms is likely to be replaced by enthusiastic and potentially decisive support for a Democratic presidency, particularly if the Republican candidate focuses on appealing to the party’s nativist faction.

June 6, 2015

Trans-Pacific Partnership: A Political Step Forward

By Fulton Armstrong

In more than 10 cities across the U.S. activists will use guerrilla light projection to illuminate monuments and building facades with slogans like “Don't Let Comcast Choke Your Freedom,” “No Slow Lanes, Open & Equal Internet For All,” and “TPP Dismantles Democracy.

In more than 10 cities across the U.S. activists used guerrilla light projection to illuminate monuments and building facades with slogans like “Don’t Let Comcast Choke Your Freedom,” “No Slow Lanes, Open & Equal Internet For All,” and “TPP Dismantles Democracy.” Photo Credit: Backbone Campaign / Flickr / Creative Commons

The chairmen of key U.S. Congressional committees agreed on legislation allowing President Obama to negotiate a Trans-Pacific Partnership (TPP) trade accord, but major political and substantive obstacles to an agreement remain. The leaders of the Senate and House tax-writing committees announced the move, with the key Democratic senator involved claiming that the Obama Administration had addressed his deep concerns about the secrecy of the talks. If passed, their bill would give the President “fast-track” trade authority – power to negotiate an accord that the Senate would eventually vote on but without the power to amend it, which would significantly increase chances of passage. Obama’s advisors have called TPP the “cornerstone” of his Asia policy, and the President said last week that it would help “make sure that we, and not countries like China, are writing the rules for the global economy.” Supporters estimate that TPP would stimulate growth by eliminating tariffs and non-tariff barriers affecting $2 trillion of goods and services (about one-third of global trade) each year among its 12 members.*

Opposition in the U.S. Congress and elsewhere remains intense, however. The Senate Democratic whip, charged with tallying support and opposition, stated that only one-quarter of Senate Democrats support the measure – and those opponents have made clear their concerns about the implications for U.S. workers and consumers. Although tariffs are on the table, most observers say the focus of the negotiations is on “harmonizing” regulations, which big multinational corporations – which have access to the talks that citizens’ groups lack – systematically seek to eliminate. Pharmaceutical companies, for example, are pushing hard for extending patents and trademarks so that cheaper generic medications cannot be sold. Critics say revisions to copyright and trademark provisions would also have implications for public information and the internet. Industry is seeking to roll back environmental protections in place since the early 1970s. The negotiations have been secret, but a leaked chapter of the draft agreement revealed that companies were gaining the right to sue governments if any regulatory action ever caused their profits to fall short of target – a massive burden on budgets.

The lack of transparency, which the leading Senate Democrat claims has been addressed, may have stoked opponents’ concerns. But the differences between U.S. backers and opponents appear significant and unlikely to fade without some serious political horse-trading, which the Obama Administration has been unwilling to do. In his statement last week, Obama admitted that “it’s no secret that past trade deals haven’t always lived up to their promise” – particularly regarding job creation – but neither he nor the Congressional chairmen have provided hard data showing that dismantling a host of regulations to accommodate corporate agendas will help consumers and un- or under-employed U.S. workers. If history is any guide, the Latin American signatories – Mexico, Chile and Peru – may see a favorable impact regarding employment in certain sectors, and others may see it as the only game in trade right now and thus worth trying to join, but Washington’s vision of TPP as primarily an Asia policy – to counter Chinese influence – suggests that they too see the advantages of participation accruing across the Pacific rather than to the north.

* Currently envisioned as members are the United States, Australia, Brunei, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore and Vietnam: Korea last week expressed interest in joining the talks, but the United States told it to wait. Colombia is interested, and Panama and Costa Rica seek membership in the “Pacific Alliance,” which is related to TPP.

April 20, 2015

The Summit of the Americas: Important Progress

By Aaron Bell and Eric Hershberg

VII Summit of the Americas Photo Credit: OEA-OAS / Flickr / Creative Commons

VII Summit of the Americas Photo Credit: OEA-OAS / Flickr / Creative Commons

The U.S.-Cuba rapprochement has returned the Summit of the Americas (SOA) to the way it was before George W. Bush turned it into a forum in which the U.S. was increasingly isolated – a community of vibrant but respectful debate reflecting the varied perspectives of the hemisphere.  The event in Panama this past weekend was dominated by Cuba’s attendance at its first SOA and Presidents Raúl Castro and Barack Obama’s cordial public encounter and hour-long meeting, the first of its kind between the two nations’ leaders in over half a century.  The next step in improving relations will be for Obama to formally announce Cuba’s removal from Washington’s list of “state sponsors of terrorism,” which the State Department reportedly recommended last week.  Regrettably, the leaders did not take advantage of the Summit as an occasion to announce a target date for the formal restoration of diplomatic relations and the appointment of Ambassadors.  But that, presumably, will come soon, and regardless, in the plenary session Obama set a new tone for U.S. policy when he acknowledged that “the days in which our agenda in this hemisphere so often presumed that the United States could meddle with impunity — those days are past.”  Obama clearly articulated a desire to move beyond not only the legacy of U.S. intervention in the region but also the stale ideological debates that, he observed pointedly, pre-dated his birth.

Statements and activities surrounding the SOA also reaffirmed the broad range of perspectives in the hemisphere,  including in attitudes toward the United States.  The “People’s Summit,” held parallel with the SOA, provided a forum for left-wing critiques aimed primarily at U.S. meddling in the region, in particular its foreign military bases and its recent allegation – which it subsequently backed away from – that Venezuela poses an “extraordinary threat to U.S. national security.”  The sanctions it imposed on senior officials drew critiques from around the region, including from Argentina, Colombia, and from Brazil’s Dilma Rousseff, who summarized regional sentiment in characterizing them as “counterproductive and inefficient.”  The criticism was overshadowed, however, by widespread applause for changes in U.S.-Cuba relations.  Obama also won points from observers for meeting with Venezuelan President Nicolás Maduro, who used the Summit to denounce the 1989 U.S. invasion of Panama and present to Obama a list of 11,000 signatures opposing Washington’s sanctions.  Maduro praised the meeting as the “Summit of Truth” and even “cordial,” noting that it opened the door to further discussions on the bilateral relationship.  Obama also seemed to subscribe to a different role for civil society representatives – as opponents of sitting governments – at the summit, choosing to meet privately, for example, with Cuban dissidents opposed to the Raúl Castro and his government.

Obama’s steps to remove the festering U.S.-Cuba issue from the hemispheric agenda have been game-changing, even if some presidents criticized Washington’s continued enforcement of the economic embargo and the Administration’s bewildering inability to move faster to remove Cuba from its highly politicized terrorist list.  This summit may signal a return to the values and respectful debate that Obama, and before him Bill Clinton, espoused at past Summits, and may pave the way for cooperation over contemporary issues rather than Cold War-era ideological hang-ups.  In the final days before the Summit, senior White House advisors had intervened to ease tensions over the State Department’s national security rhetoric vis-à-vis Venezuela, emphasizing with regret that assertions regarding Venezuela’s posing a security threat were an unfortunate procedural necessity rather than a genuine assessment of the situation.  This recognition that “words matter” turned on their head the words used earlier in the week by Assistant Secretary of State Roberta Jacobson in lamenting that Latin American governments were not using language similar to Washington’s to characterize the deteriorating political situation in Venezuela.  While the correctives from the White House and the focus on the transformation of U.S.-Cuba relations were both conducive to a successful SOA, these developments did overshadow both the official theme of this year’s summit – Prosperity with Equity – and related discussions on energy, the environment, and education.  These crucial issues, all ripe for regional cooperation, are the core of what should become the focus of U.S.-Latin American relations for the remainder of this administration and beyond.

April 13, 2015