A Web Forum: Implications of Normalization of U.S.-Cuban Relations

By Eric Hershberg

Image Courtesy of the Center for Latin American and Latino Studies

Image Courtesy of the Center for Latin American and Latino Studies

Anyone concerned with Cuban affairs will remember “D‑17” – the day in 2014 that Presidents Barack Obama and Raúl Castro simultaneously announced their intention to restore diplomatic ties and endeavor to normalize relations.  Catalyzed by a year and a half of secret negotiations by senior confidants of the two presidents, bypassing normal diplomatic channels, the unexpected announcements provoked elation in most quarters.  After 55 years of estrangement and hostility, the two presidents acknowledged that an alternative path based on mutual respect was both possible and desirable.  Momentum toward restoring diplomatic relations is advancing steadily, but the path toward “normalization” is replete with obstacles, for there never has existed a “normal” state of affairs in U.S.-Cuba relations.  Despite widespread relief and optimism, a long road lies ahead.

Countless op-ed pieces have been written since D-17, and many of them have been very insightful, but the genre tends toward soundbites rather than deep analysis of the implications of change.  In this context, the Center for Latin American & Latino Studies at American University and the Cuba Program at the Social Science Research Council today launch a Web Forum that delves more deeply into the ramifications of changes in U.S.-Cuba relations, drawing on the scholarship of the contributors and on the substantial body of academic research that can inform our understanding of the present conjuncture and potential trajectories in the future.

Edited by Eric Hershberg and William M. LeoGrande, the Forum encompasses a variety of themes – from U.S.-Cuba relations, to hemispheric dynamics, to the consequences for ongoing political, societal, and economic change in Cuba.  What does it mean to contemplate “normalization” between two countries with such a fraught history of interaction?  How might experiences of “normalization” between the U.S. and other countries with which it sought to reduce longstanding hostilities provide lessons for those who seek to understand the likely course of events involving the U.S. and Cuba?  To what degree does D-17 and its aftermath alter the landscape of international relations in the Western Hemisphere?  How might Cuban cultural production and everyday life engage differently with U.S. audiences and with members of the Cuba diaspora?  Will rapprochement between the U.S. and Cuba have consequences for Cuba’s political trajectory?  What impact will changed bilateral relations and a relaxation of U.S. sanctions have on ongoing efforts to “update” and perhaps transform Cuba’s economic model?  The organizers hope that the Forum enriches debates about these and other matters, with contributions from leading experts from Europe, Latin America, and Canada as well as from the U.S. and Cuba.  We encourage readers to download the essays and to circulate them widely. View the Forum at http://www.american.edu/clals/implications-of-normalization-with-ssrc.cfm. 

April 2, 2015

Central American Minors: Headed Home?

By Dennis Stinchcomb and Eric Hershberg

Two young girls at the U.S. Customs and Border Protection Nogales Placement Center. Photo Credit: coolload / Flickr / Creative Commons

Last year, two young girls at the U.S. Customs and Border Protection Nogales Placement Center during the height of its operation. Photo Credit: coolload / Flickr / Creative Commons

Legislative safeguards have protected from deportation most of the 68,000 unaccompanied children (UACs), almost all of them from the Northern Triangle of Central America, who were apprehended at the southern border of the U.S. last year – but the challenges are far from over.  This temporary reprieve comes despite warnings by the Obama administration at the height of the crisis – and U.S. embassy-supported education campaigns in El Salvador, Guatemala, and Honduras since then – that youth considering flight to the U.S. will be returned home.  Provisions of the Trafficking Victims Protection Reauthorization Act (TVPRA) of 2008 have aided these Central America kids to legally remain in the U.S. by making them ineligible for expedited removal or voluntary departure until their cases are decided by an immigration court judge.  Attempts by the Department of Justice to fast track initial hearings have yet to result in expedited case closures, as judges typically issue continuances to children securing legal counsel and soliciting forms of deportation relief.  While it is still too early to predict case outcomes, several trends are evident:

  • Available data suggest that large numbers of UACs are benefiting from relief codified in U.S. immigration law, including asylum, Special Immigrant Juvenile Status (SIJS), and non-immigrant visas for victims of trafficking and other qualifying crimes. According to data from U.S. Citizenship and Immigration Services, approval rates for asylum applications submitted by minors have hovered around 80-90 percent for the past year.  (The bulk of applications of the most recent wave of arrivals have not yet been decided.)
  • More than 7,000 child migrants have been ordered deported between October 2013 and January 2015 for failing to appear in court, but their attorneys and advocacy groups have blamed an overburdened and resource-starved court system, pointing to documented instances in which clients were never notified of their hearing date or notices arrived late or were sent to the wrong address. In other cases children have been ordered to appear in court hundreds or thousands of miles away from where they have been placed in sponsor care.  With sufficient evidence, children who have received deportation orders in absentia may file motions to reopen their cases.
  • Access to legal representation continues to impact case outcomes. In fiscal years 2012-14, 73 percent of UACs with attorneys were permitted to remain in the country, compared to just 15 percent of children without representation.  According to federal data obtained by Syracuse University, as of October 31, 2014, less than one-third of UACs in pending cases had secured an attorney.

While the fate of these Central American kids hangs in the balance, so too do the legal protections that guarantee their day in court and their access to deportation relief.  An emboldened Republican-controlled Congress has resuscitated efforts to amend the TVPRA provisions protecting these children from expeditious return to their home countries.  Similar bills still under debate by the House Judiciary Committee propose tighter restrictions on the most commonly solicited forms of relief – asylum and Special Immigrant Juvenile Status.  Asylum seekers, for example, would face shorter filling deadlines and be required to wait for hearings in a “safe” third country.  A proposed revision to the hotly contested SIJS statute allowing abused, neglected, or abandoned children to reunite with a second parent in the U.S. would have serious repercussions for Central American UACs, many of whom are in the care of parent sponsors.  Meanwhile, a steady flow of new arrivals – 12,500 UACs and 11,000 family units since last October – are added to backlogged court dockets and increase the likelihood of a due process crisis.  Observers in the region and in Washington are acknowledging gingerly the possibility of a new wave of youth migration during the coming months, as conditions fueling the exodus from Central America remain acute.  The politics of such a renewed surge are complex, and may shape both the immigration policy debate in the U.S. and the prospects for Congressional approval of the administration’s request for $1 billion in development assistance for the Alliance for Prosperity in the Northern Triangle.

March 26, 2015

Venezuela: Obama into the Fray

By Michael M. McCarthy

(l) President Obama, (r) UNASUR Commission Visits Venezuela. Photo Credits: Steve Jurvetson and Cancillería de Ecuador / Flickr / Creative Commons

(l) President Obama, (r) UNASUR Commission Visits Venezuela. Photo Credits: Steve Jurvetson and Cancillería de Ecuador / Flickr / Creative Commons

The March 9 decision by the Obama Administration to sanction Venezuelan government officials – this time freezing the U.S.-based assets of seven of them – appears to be drawing Washington into a conflict it recently viewed as a problem for Latin America to solve.  Implementing the “targeted sanctions,” the U.S. government made the determination that Venezuela’s “situation” was a threat to its national security.  Such a determination is not unique – Washington continues to declare Colombian narco-trafficking a national security threat – but the language in this case is widely seen as inflammatory because the cited source of the threat is President Maduro’s government itself.

  • The action generated a predictably exaggerated reaction from Caracas.  Maduro, who faces an economic crisis with no end in sight and has approval ratings of 22 percent, took the sanctions as an opportunity to change the conversation.  He branded them as “hypocritical,” describing Washington as the “real threat” to world order and criticizing Obama as returning to Cold War-style tactics.  On March 14 the armed forces conducted hyped-up exercises to “counter” the U.S. threat and the day after Congress granted Maduro Decree Powers through an “Anti-Imperialist Ennabling Law for Peace” that lasts through the end of the year.
  • Reactions to the U.S. measure varied greatly among opposition leaders. Governor Henrique Capriles, the opposition’s candidate in the last two presidential elections, echoed the U.S. position that the sanctions are targeted against “the corrupt government elite,” rather than the country or the Venezuelan people.  Governor Henri Falcón, a former military officer who left chavismo’s ranks in 2010 criticized them as “disrespectful.”  The Mesa de Unidad coalition stressed that Venezuela is “not a threat to any country.”  Whereas more hardline opponents are behind the scenes happy about stepped-up U.S. involvement, the more moderate camps – including Capriles’s – appear puzzled about the timing because Washington’s actions effectively moved Maduro to the safer ground of defending sovereignty.
  • The sanctions ignited strong criticism from some regional players.  Nonetheless, they renewed UNASUR’s efforts to mediate, which had gotten off to an unpromising start in Caracas on March 6.  An emergency March 14 UNASUR meeting in Quito issued two declarations – one strongly rejecting the sanctions, even calling for Obama to rescind them, and another reiterating support for the UNASUR Secretary General Ernesto Samper’s pursuit of “the most open dialogue possible” in Venezuela.

The Obama Administration’s stated reasons for the sanctions – measures similar to those proposed in the “Venezuela Defense of Human Rights and Civil Society Law” last year – are not surprising.  Washington has watched with dismay as Maduro has cracked down on opponents, alleged U.S.-supported coup-plotting, and hemmed in U.S. embassy personnel and even tourists with increasingly tough limitations on their activities.  With the opening to Cuba ongoing, the Obama administration may have calculated it could try to appease conservatives in the U.S. Congress and endure a hit to its regional image for imposing sanctions.  Emboldened by UNASUR’s criticism of the sanctions and Europe’s unwillingness to follow Obama’s lead, Maduro will almost certainly continue efforts to play the anti-imperialist card for a while.  The U.S. has shifted the action back into the bilateral relationship, breathing new life into a previously closed chapter in the Venezuelan crisis.

March 16, 2015

* Michael McCarthy is a Research Fellow at the Center for Latin American and Latino Studies.

U.S.-Cuba: What Now?

Diego Cambiaso and Y. Becart / Flickr / Creative Commons

Diego Cambiaso and Y. Becart / Flickr / Creative Commons

CLALS and the Washington Office on Latin America (WOLA) convened a small group of Cuba experts to discuss the course that U.S.-Cuba relations could take now that Presidents Obama and Castro have decided to reestablish diplomatic relations.  A two-page summary of conclusions – not coordinated with workshop participants – and “wildcards” that would alter events can be found here.  Here are highlights:

  • The two presidents are committed to using their remaining time in office – Obama until January 2017 and Castro until February 2018 – to burnish their legacies as leaders who solved an historic impasse.
  • The timelines for full normalization of ties between the two countries – including political, economic and social relations – certainly will go beyond their terms in office, and the process will take time and energy beyond their offices and governments.
  • The Summit of the Americas in April can be a crowning jewel to both Presidents’ efforts if issues such as civil society representation at the event can be resolved. The timing of the Summit will hold the White House’s attention for this period.
  • Greater emphasis by the Obama administration on the tangible benefits to the U.S. made possible by steps toward normalization would serve it well, including formalization and expansion of bilateral cooperation in counternarcotics, counterterrorism, and environmental and health issues. The criteria for policy success should consist of benefits to the American people, rather than “helping” Cubans or facilitating “regime change” in Cuba, as the Castro government will (as any government would) remain firm that its political system is not negotiable.
  • The potential for trade will be strong enough to persuade U.S. business to press for the broadest possible implementation of the new measures and, if the Cubans can articulate a clear strategy to attract (and protect) investments, for embargo-loosening legislation in Congress.
  • Potential obstacles require attention, but none appears insurmountable. Provocateurs in both countries could undertake actions intended to torpedo the normalization process.  In addition, the Washington’s “democracy promotion” programs for Cuba – which are unlike any others around the world – will certainly strengthen hardliners in Havana arguing for a go-slow engagement with the U.S.  With the stroke of a pen, President Obama could suspend the Bush-era program to persuade Cuban doctors to defect to the United States, a policy that hinders bilateral medical cooperation and threatens to sour talks.
  • Hardliners in the U.S. Congress will continue to be rhetorically opposed to improved relations – because they oppose Cuba or Obama – but the Obama policy has plenty of running room before needing legislation to advance.
  • Cuba may have limited capacity to effectively manage the various processes of change in the bilateral relationship. This may slow down the process and dictate the need to proceed sequentially rather than along many fronts at once.
  • Several “wildcards” – including leadership changes – could impact the normalization process.

February 11, 2015

Cuba Welcomes “Normalization,” But Only on its Own Terms

By Eric Hershberg

Photo Courtesy of Philip Brenner

Photo Courtesy of Philip Brenner

Cuban President Raúl Castro is undoubtedly as serious about normalizing diplomatic ties as President Barack Obama is, but the island’s government arguably faces more pressing challenges than working out the details of a rapprochement with Washington.  Commentators have observed that after the initial euphoria following the December 17 announcement, officials now speak of a long road ahead.  Full normalization, while welcome, is not the foremost concern of Cuban policymakers.  The paramount objective of Cuban authorities is the survival of the revolution and the one-party state that it engendered.  Top diplomats reiterated on January 23, after the first round of talks in Havana, that there will be no concessions to continued American insistence on changes in Cuba’s domestic political arrangements.

Economic revitalization is imperative.  Despite the reforms introduced by Castro, the Cuban economy remains woefully unproductive, incapable of meeting the needs of its citizenry or generating the foreign exchange that any small island developing state requires to import goods that it cannot produce domestically.  Growth rates are anemic, reaching only 1.3 percent in 2014, and independent projections call into question last month’s official announcements predicting 4 percent expansion during 2015.  Agriculture remains stagnant despite reforms aimed at putting fallow lands to productive use, so imports of food account for $2 billion in the extremely tight state budget put forth for 2015.  The severe shortage of cash, moreover, impedes public investment in Cuba’s crumbling infrastructure, which hinders autonomous producers from securing vital inputs for their businesses or distributing what they produce.  Ideally, foreign investment would supply resources where domestic sources cannot, but for the most part this is not happening either.  A 2013 foreign investment law has to date yielded little fresh capital:  European and other investors with experience on the island explain privately that the conditions for conducting business are such that they are reluctant to commit good money after bad.  The new changes in U.S. regulations may produce some increase in investment flows – primarily in the form of remittances from Cuban Americans to families and friends – and thus continue to provide some economic oxygen, but the likely scale of these flows should not be overestimated.  Washington’s new regulations seem likely to continue blocking investments that could increase the Cuban state’s ability to develop the infrastructure necessary to promote economic growth.

Because the intertwined goals of state security and economic revitalization are paramount, Havana’s engagement with the United States will be conditioned on its compatibility with those objectives.  Critics of the American opening who lambast Barack Obama for acceding to a deal with minimal Cuban concessions are right that Havana did not abandon its position that its political system is non-negotiable.  If by joining the rest of the western hemisphere in acknowledging the Cuban state Washington embarks on a path that will fuel economic activity in Cuba, the two countries will proceed, however gradually, away from confrontation.  The trajectory of U.S. relations with China and Vietnam in recent decades offers an instructive precedent for how this can be achieved and be mutually beneficial.  But if the Americans perceive greater engagement with Cuba as a tool for regime change, or strive to limit financial flows exclusively to private actors, their Cuban counterparts naturally will limit the scope of interaction.  A new round of State Department solicitations for bids to conduct democracy promotion activities in Cuba, like the U.S. negotiators’ insistence last week on getting a photo-op with dissidents before heading back to Washington, suggest that this message has yet to be absorbed by American officials.

January 26, 2015

Will Washington’s Attention to Latin America Last?

By Fulton Armstrong

Photo Credit: Prensa Presidencial Venezuela

Vice President Biden meets with Venezuelan President Maduro / Photo Credit: Prensa Presidencial Venezuela

U.S. President Obama, Vice President Biden, and Secretary of State Kerry gave Latin America increased priority in 2014, including at least two efforts to open channels to countries previously off their calling lists.  Issues combining domestic politics and foreign policy– such as immigration, Cuba, and drug policy – saw noteworthy breakthroughs.

  • President Obama’s highest profile action was his announcement in December that the United States and Cuba would normalize relations. He said he would travel to Panama in April for the Summit of the Americas – the venue of his pledge to seek a “new beginning” with Cuba in 2009 and his isolation over the Cuba issue in 2012.  Last May, his trip to Mexico and Costa Rica, where he met with Central American presidents, signaled a shift on counternarcotics strategy – downplaying militarized efforts – in response to the region’s concerns about surging violence.  His November announcement of executive measures on immigration, offering temporary legal status to millions of undocumented migrants, also steeped him in Latin America policy.
  • Vice President Biden greatly expanded his Latin America portfolio, at times as stand-in for Obama but also putting a deep imprint on policy. On an extended trip in June, he met with heads of state during the World Cup and attended a summit in Central America.  In November he participated in a followup meeting with the Honduran, Salvadoran, and Guatemalan Presidents hosted by the Inter-American Development Bank, where he announced U.S. measures to prevent another crisis involving migrant children as was seen last summer.  He met with and telephoned Latin American Presidents more than a dozen times over the year and, on the margins of Brazilian President Rousseff’s reinauguration last week, even met with Venezuelan President Maduro, with whom he agreed that it was time to restore ties.
  • Secretary Kerry traveled to the region several times – to Mexico, Panama, Peru, and Colombia – and met with Latin American Presidents and foreign ministers in Washington. Some critics judged his broad policy speeches as unexciting, but he clearly has confidence in his Latin America team, and sources say his support for the President’s initiative on Cuba was strong.

We Latin America watchers in Washington tend to complain that our region doesn’t get enough attention, but it’s clear that the Administration’s level of engagement in 2014 was deeper and more sustained than in years past.  Senior advisors at the National Security Council, Vice President’s office, and State Department – Ricardo Zúñiga, Juan González, and Assistant Secretary Roberta Jacobson, respectively – got their bosses’ to act despite the many competing demands in other regions occupying the front pages of U.S. newspapers.  Several ongoing processes promise continued senior-level attention in at least the first half of the new year.  The normalization process with Cuba could entail a visit there by Secretary Kerry, and preparations for the Summit of the Americas in Panama in April afford opportunities to give momentum to U.S. engagement – in addition to rebuilding U.S. credibility in the Summit process lost at the Summit in Cartagena in 2012.  Continued political crisis in Venezuela, nose-diving oil prices, progress in the Colombian peace talks, and the ever-evolving drug threat suggest 2015 will also be a challenging year.  For now at least, Washington’s senior team is engaged.

January 7, 2015

U.S.-Cuba: Rhetoric and Reality

By Fulton Armstrong

Obama speaks to Raul Castro / Official White House Photo by Pete Souza / Public Domain

Obama speaks to Raul Castro / Official White House Photo by Pete Souza / Public Domain

The decision by Presidents Obama and Castro to normalize relations is truly historic – for which they and their advisors deserve enthusiastic applause – even though both leaders’ rhetoric seems intended to suggest that they don’t know how deep the uncharted waters ahead run.  Their statements since last Wednesday sound solicitousness toward their right flanks.  President Obama launched his statement by proclaiming that the United States of America is changing its relationship with “the people of Cuba” and, while conceding that past strategies to “push Cuba toward collapse” have failed, cast his new policy as a better way of helping the Cuban people “enjoy lasting transformation.”  President Castro told the National Assembly this last weekend that he wasn’t jettisoning Cuba’s revolutionary project either.  Cuba is not going to give up, he said, “the ideas for which it has fought for more than a century and for which its people have spilled much blood and gone through the greatest risks.”

It’s true that the nature of the relationship is unlikely to change fast, and that neither President can ignore the legal strictures built up during 54 years of tensions.  Obama can’t lift the embargo and permit, for example, tourist travel without Congressional approval.  Cuba’s “Law 88 for the Protection of National Independence and the Economy of Cuba” remains on the books, and Castro’s not about to welcome the U.S. Government’s “democracy promotion” activities soon.  But normalization will significantly reduce both governments’ ability to restrain nongovernmental contacts and will unleash forces that will make the Presidents’ rhetoric look old-fashioned and unnecessary.  Both countries have to learn how to talk to each other, and time-tested people-to-people contacts show that citizens with shared interests are better than governments at learning the language of cooperation and problem-resolution – without ideological agendas.  It stands to reason that pressure will grow on Obama and Castro to pursue concrete interests, especially trade, and to manage their dreams, respectively, of “lasting transformation” and “updated communism.”

No model for this new bilateral dance is perfect.  China and Vietnam show that trade-driven economic change – even with U.S. most-favored-nation status – doesn’t necessarily drive a country to democracy.  An educated and healthy people with strategic needs, the Cubans are prepared to work hard to build their country, but they’re not going to work in factories with anti-suicide nets under the dormitory windows.  That sort of political awareness argues for change, but the Cuban revolution implanted in the Cuban psyche a certain set of values and expectations – ranging from social programs to an almost obsessive sense of dignity – that won’t always coincide with U.S. values.  The Cubans will want to go a la carte with us on political matters, and they, like every country of Asia and Latin America emerging from difficult times, will almost certainly expect us to give them the space to do change their own way.  The United States worked with Mexico under one-party rule for 70 years last century.  If Washington and Havana approach the challenge of building a healthy relationship with respect and open minds, they should able to find a middle ground and grow together a lot faster than that.

December 22, 2014

U.S. Sanctions on Venezuela: To What End?

By Michael M. McCarthy

Common Cause -Embassy of Venezuela DC / Flickr / CC BY-NC 2.0

President Obama plans to sign the “Venezuela Defense of Democracy and Civil Society Act” into law, but its lack of clear objectives seems likely to muddle Washington’s desired outcome.  The bill, approved last week by voice vote in the Senate and House, calls for punishing Venezuelan government officials involved in human rights abuses, an authority the White House already has.  It includes national security waivers that allow the President final say on which officials will have their visas revoked – denying them entry into the United States – and have any U.S. assets they own frozen.  After initially voicing skepticism about the wisdom of such measures, the Obama administration came around to supporting them.  Senators Robert Menendez and Marco Rubio and Congresswoman Ileana Ros-Lehtinen pushed the bill hard in May after episodes of violent suppression of anti-government street demonstrations painted a grim picture of the human rights situation.  The Venezuelan foreign ministry’s reaction to the legislation has been strident, and President Maduro said, “If the crazy path of sanctions is imposed, President Obama, I think you’re going to come out looking very bad.”

President Obama wasn’t alone in switching positions over the bill.  Senator Bob Corker, who’s expected to become chairman of the Senate Foreign Relations Committee in the new Congress that begins next month, had embraced the State Department’s earlier view that sanctions would undermine international talks engineered by UNASUR and the Vatican.  The Caracas government’s refusal to make concessions in the talks undermined that argument, however, and a three-way diplomatic dustup between the U.S., Aruba, and Venezuela over another issue – Aruba’s refusal to extradite Venezuela’s designated ambassador, a former Venezuelan army official, to the United States on narco-trafficking charges – further frustrated Washington players.  Corker asserted that the incident showed that Venezuela’s “complicity with criminal activity” could not go unchecked since it directly undermined U.S. interests.  Immediately after the extradition episode, the Obama administration imposed unilateral sanctions – travel and visa bans – on a dozen unnamed Venezuelan officials, laying the groundwork for Menendez and Rubio to reintroduce their legislation and drive it home before Congress adjourned for the holidays.  Corker endorsed the bill, although he highlighted that a “regional dialogue” remained the best option for finding a “negotiated, democratic way forward” to address human rights issues.

Other than punishing reported human rights offenders – and making an example of them – the new bill is unclear on how it could help resolve the deep political crisis that has given rise to the protests and subsequent abuses.  With Maduro’s popularity plummeting to new lows, strident rhetoric condemning U.S. “intervention” could give him a modest boost by bolstering his claim that Washington is part of an “economic war” against Venezuela.  It is far too early to tell whether that nationalistic narrative will work in the government’s favor as the country’s dire shortages have become permanent and economic suffering is increasingly blamed on Maduro’s policies and declining oil prices.  If human rights really are the U.S. top concern, Washington might want to be more sensitive to the positions of PROVEA and other Venezuelan human rights groups, which have denounced the legislation despite its inclusion of funding for Venezuelan civil society groups. If punishing rights abusers is Washington’s way of pressing for sustainable change in Venezuela, then it needs to state the case that penalizing measures imposed since 2008 have made a difference.  Another option, contained in Senator Corker’s observation about a “negotiated, democratic way forward,” could be to renew support for talks sponsored by South American countries, as these are more likely to reduce tensions, improve rights, and give moderates space to promote electoral solutions.

December 18, 2014

Statements by Eric Hershberg and William LeoGrande on Release of Alan Gross – UPDATED

Havana, Cuba
December 17, 2014, 12:30 p.m.

President Obama’s statement pledging to move forward expeditiously toward full normalization of relations between the United States and Cuba constitutes a welcome and long overdue reversal of policies that have long worked to the detriment of both countries.  Initial steps carried out today, including a prisoner exchange and the release of government contractor Alan Gross, imprisoned in Cuba five years ago for clandestinely distributing high technology communications equipment in Cuba under a USAID program intended to destabilize the Cuban government, mark the beginning of a process that must move forward rapidly during the weeks and months ahead. Pledges to re-open embassies in both countries and to curtail restrictions associated with the half century-old U.S. embargo portend an accelerated process which can be facilitated by prompt Congressional action to abolish provisions of the embargo that were codified into law by the Helms-Burton Act.  In the meantime, the administration can take numerous actions unilaterally, as noted today by the White House.  It must remove Cuba from its list of state sponsors of terrorism, lift licensing restrictions on travel to Cuba by U.S. citizens, abolish constraints on U.S. investment in Cuban private enterprises and cooperatives, and cease covert USAID programs aimed at destabilizing the Cuban political system. Washington should also signal its commitment not to block Cuba’s engagement with international financial institutions, which Cuba may wish to engage to facilitate the success of the country’s ongoing economic reforms. Today’s announcements from the White House mark a fresh start for bilateral relations, which will benefit the peoples of the United States and Cuba alike, and they afford an opportunity for the United States to make good on its stated commitment to open a new era of equal partnership and mutual respect in its relations with all countries of Latin America.

Eric Hershberg

This is a historic development in US-Cuban relations, and hopefully a step toward full normalization of relations. Obama’s actions represent the most positive actions to improve relations since President Carter. This will assure that the Summit of the Americas will be a success and this move will be applauded by governments throughout Latin America and beyond.

William LeoGrande

About the American University-Center for Latin American & Latino Studies (CLALS) Cuba Initiative:

CLALS is proud of the contributions of all schools at American University and of our research fellows in promoting normalization of relations between the United States and Cuba.  Faculty at each and every one of AU’s Schools and Colleges as well as its Center for Latin American & Latino Studies have published countless books, articles, op-ed pieces, and blogposts shedding light on the relationship and demonstrating the U.S. national interest in better relations with Cuba.  AU experts have worked tirelessly to underscore the costs of Washington’s anachronistic policies toward Cuba; inform journalists and policy-makers of opportunities for normalizing relations; lead path-breaking student and faculty exchange programs linking the university with counterpart institutions in Cuba; and participated in dozens of high level dialogues connecting leading Cuban researchers and policy advisors with AU faculty and foreign policy experts from the United States.

Executive Under-Reach: Migrants on the Margins of Reform

By Eric Hershberg and Dennis Stinchcomb

UAC SPONSOR PLACEMENT updated post-report-01

Graphic courtesy of the Center for Latin American & Latino Studies (CLALS)

President Obama’s long-awaited executive action on immigration has finally happened – with the anticipated political fireworks – and will benefit more than one third of the country’s undocumented persons. It is premature to offer predictions regarding how the dynamic will play out between a White House wounded by electoral losses last month and an emboldened Congressional opposition.  We can, however, take stock of who the administration’s measures have and have not affected.  Between 4 and 5 million people, a majority of them originally from Mexico, will be able to apply for work permits and secure protection from deportation for three years if they have been in the U.S. for five years or longer and have children who are either U.S. citizens or authorized residents.

The executive action is no modest change in policy, but it contains little good news for large numbers of undocumented persons and no good news for those his administration has already deported.  For the 250,000 U.S. citizen children whose parents have been deported over the past six years, it provides no comfort; there is no provision for the parents to return to raise their kids here.  Nor did the President’s measures offer more permanent relief to the roughly 280,000 Central Americans who have resided in the U.S. with Temporary Protected Status (TPS) following natural disasters in the region during the late 1990s and early 2000s.  Beneficiaries of those provisions will continue to pay roughly $500 every 12-18 months to renew their status. Other populations who have been here for well over a decade as stable members of the community also remain unaffected by the reforms.  No matter how long they have been here nor how good they have been – law-abiding, tax paying, churchgoing or generally nice – they will not be eligible for relief if they do not have children.  The administration’s action was strictly cast as a family-focused initiative, and family, in this instance, means children with authorization to be in the U.S.  Spouses do not count.  An important new population of migrants was also left out of the reform: the unaccompanied children, largely from violence-torn countries of Central America’s Northern Triangle, whose surge across the border received great media attention during the summer of 2014. Indeed, the president’s speech to the nation made no mention of that humanitarian crisis and made clear that those who come across now should expect to be deported.

The 68,000 children who trudged across the border during this fiscal year remain in limbo.  According to data from the Department of Health and Human Services’ Office of Refugee Resettlement, over 55,000 have been placed with immediate or extended-family sponsors in the U.S while their removal cases are pending in immigration court.  Metropolitan areas with long-established Central American communities have witnessed the largest influx of unaccompanied children.  The Baltimore-Washington metropolitan area alone, for example, received approximately 6,500 unaccompanied minors during the past fiscal year.  Once placed in sponsor care, these kids’ prospects for remaining in the U.S. – and their well-being while awaiting a court decision – are largely dependent upon local-level policies.  While the Obama administration has taken limited steps in recent months to provide legal counsel for these minors, funding for direct legal representation and a range of other educational, health, and social services is increasingly coming from those state and local governments that traditionally support immigrant-friendly humanitarian programs. This support is crucial, as demonstrated by a Syracuse University study that found that 85 percent of unaccompanied children appearing in court without an attorney are ordered to leave the U.S.; with an attorney, however, a child’s odds of remaining in the U.S. increase from 15 to 73 percent.   In cities such as New York, local funds are also being channeled through advocacy networks to support access to services beyond the courtroom, from mental health screenings, to vaccinations, to assistance with school enrollment.  Other local communities may not follow suit, particularly in the wake of the newly announced executive action, which in the short-term will strain the already taxed resources of local governments and advocacy groups.

December 11, 2014