U.S. Immigration: Lacking Lawyers, Newcomers Join the Undocumented

By Dennis Stinchcomb

Immigration court backlog

Pending cases from the Northern Triangle in U.S. immigration courts. These cases now account for over 53% of the total backlog. / Note: FY 2018 data is through July 31. / Data source: TRAC, “Immigration Court Backlog Tool,” http://trac.syr.edu/phptools/immigration/court_backlog/.

As Central Americans swell the backlog of cases in U.S. immigration courts, the tens of thousands of them who do not have lawyers are joining the ranks of the country’s undocumented population.

  • The immigration court system lacks the resources to keep pace with the influx of unaccompanied children and families from the “Northern Triangle” countries of El Salvador, Guatemala, and Honduras. The backlog of cases has more than doubled since 2013 – from 350,000 to over 764,000 as of August – with cases involving people from these three countries now accounting for more than half of them.  The wait for a hearing is now several years, and pro bono or low-cost attorneys are overburdened.
  • Many thousands of other newcomers – lacking information and the ability to overcome linguistic and cultural barriers and fear – are not looking for legal assistance, and they remain unaware that representation is critical to their chances of legally staying in the United States. Migrants without an attorney are far less likely to appear in court, and many – nearly 40 percent (or 103,000) of all Central Americans whose cases were filed in 2013-17 and have been decided– are ordered deported “in absentia” just for failing to appear at a scheduled hearing.  Immigrants with an outstanding removal order who are apprehended are subject to expedited deportation without judicial review, meaning that – again, without a lawyer – they will be returned to their home countries without ever having the legal merit of their claims evaluated.

Nonprofit community-based organizations across the country are mobilizing resources – often in collaboration with local governments and pro bono partners – to address these people’s legal needs, but a report* by CLALS reveals that access to counsel varies widely.

  • Access remains inadequate even in large receiving destinations like the Washington, DC, metropolitan area, where robust legal service infrastructures have developed in response to decades of immigration. In less traditional destinations, like North and South Carolina, only around a quarter of juveniles are represented in immigration proceedings.  In addition to geographical disparities, newcomers face differing odds of securing an attorney depending on their nationality.  Less than half of Central American minors nationwide have an attorney.  Based on a review of decided cases initiated in 2013-17, Salvadoran juveniles were more than twice as likely to be represented than their Guatemalan and Honduran counterparts, probably a reflection of the extent their communities are organized.

President Trump is justified in claiming that the immigration courts are inefficient – cases take an average of almost two years – but his proposal (tweeted on June 24) is to restore “Law and Order” and to “immediately, with no Judges or Court Cases, bring [migrants] back from where they came.”  His deeper dissatisfaction appears to be with a legal process that requires the impartial application of U.S. law – which for the majority of Central Americans fortunate enough to have an attorney results in a grant of legal status.  While this outcome may be unacceptable to the president, many localities across the United States have recognized the social and economic costs of destabilizing families and communities, and of depriving immigrant community members of due process.  Trump may hope that denying due process will dissuade individuals from entering or remaining in the United States, but the crisis in the U.S. immigration adjudication system is likely to remain serious, and tens or even hundreds of thousands more newcomers are likely to join the millions of immigrants already living in the shadows.

October 16, 2018

*The full report, “Newcomer Central American Immigrants’ Access to Legal Services,” is available for download here.  No registration is necessary.  The report is the first in a series generated as part of the project by CLALS in collaboration with the University of Houston, “The Impact of Central American Child and Family Migration on U.S. Communities,” led by Eric Hershberg and Jodi Berger Cardoso.

U.S.-Latin America: Return of Monroe Doctrine

By Stefano Palestini Céspedes* and Fulton Armstrong

U.S. Vice President Mike Pence

U.S. Vice President Mike Pence visited Colombia during his Latin American tour last summer. / White House / Flickr / Creative Commons

The Trump administration’s revival of a vision of U.S.-Latin America relations akin to the Monroe Doctrine is advancing with little pushback from the region.  Since former U.S. Secretary of State Rex Tillerson eight months ago proclaimed that the Monroe Doctrine is “as relevant today as it was the day it was written,” Washington has continued to revive it as a guiding principle that includes limiting the influence of other powers in the hemisphere as well as reserving for itself the right to intervene when it feels its interests are threatened.

  • Tillerson complained that China “is using economic statecraft to pull the region into its orbit” and that Russia’s “growing presence in the region is alarming as well, as it continues to sell arms and military equipment to unfriendly regimes who do not share or respect democratic values.” In August, U.S. Defense Secretary James Mattis renewed the attack on China’s investment of billions in Latin America, claiming that “there is more than one way to lose sovereignty. … It can be with countries that come offering presents and loans.”  Last week, U.S. Vice President Mike Pence repeated his government’s complaint that Latin America is among the regions where China is offering large infrastructure loans that are “opaque at best, and the benefits flow overwhelmingly to Beijing.”
  • Washington has also resorted to cavalier rhetoric regarding its perceived right to intervene in the internal affairs of Latin American countries to advance its interests. At the United Nations in late September, President Trump said, “Here in the Western Hemisphere, we are committed to maintain[ing] our independence from the encroachment of expansionist foreign powers.”  President Trump argued for regime change in Venezuela and repeated that “all options are on the table, [including] the strong ones.”  In the new NAFTA agreement, Washington demanded, and achieved Mexican and Canadian concurrence on, a clause stipulating that the United States could terminate the agreement with six months’ notice if either negotiated a free trade agreement with a “non-market economy” – that is, with China.

Latin American governments’ voices have been thus far muted – perhaps because they are getting used to downplaying Trump’s rhetoric – even though the revival of the Monroe Doctrine is already shaping actual policies.  A hundred years ago, Latin American international lawyers, diplomats, and intellectuals worked hard to transform the Monroe Doctrine from a unilateral doctrine into a multilateral policy able to shape first Pan-American and later Inter-American relations.  Those efforts led to the adoption of hemispheric instruments such as the OAS Charter in 1948 and the Inter-American Democratic Charter in 2001, gradually defining a mutually acceptable approach that strikes a balance between shared hemispheric values and the principle of non-intervention.  After the Cold War, references to the Monroe Doctrine disappeared from public discourse – except to disparage it as the Obama administration did – until the Trump administration revived it.

Today, the forums and organizations that Latin America has used during the last decade to articulate concerns and political responses to U.S. policies are not working.  OAS Secretary General Luis Almagro’s recent declarations that military action to solve the crisis in Venezuela cannot be ruled out, rather than offering a riposte, echoes Trump’s stance.  The Lima Group – which gathers together a group of OAS member states committed to the defense of democracy in Venezuela – pushed back against Almagro’s statements but, importantly, not against the U.S. administration’s policy.  More formal organizations such as UNASUR are not only muted, but actually paralyzed by the inability of its members to reach consensus and solve fundamental discrepancies. 

  • To resist and speak up when confronted with rhetoric and policies with such profound implications as a revitalized Monroe Doctrine is not a matter of politics and economics, but rather a necessary condition for friendly and respectful international relations and the sort of partnership that Latin Americans of all political stripes claim to want with the United States. To articulate such a response, Latin America urgently needs its leaders to think in “regional” and not only “national” terms – to nurture a genuine Inter-American community, not just bilateral relations with Washington.  The odds for such leadership to emerge at this moment do not appear high.  The possible election of a nationalist, xenophobic, and illiberal leader in Brazil may become a further challenge for collective action in the region.

October 12, 2018

* Stefano Palestini Céspedes is an Assistant Professor at the Institute of Political Science, Catholic University of Chile.

Bolivia: Locked in Its Past

By Carlos Malamud*

The International Court of Justice

The International Court of Justice in The Hague. / International Court of Justice / Wikimedia

The International Court of Justice (ICJ)’s rejection of Bolivia’s case against Chile over access to the Pacific Ocean shocked Bolivian public opinion – and was a significant blow to President Evo Morales.  The ICJ judgment, issued on October 1, countered the beliefs of practically every Bolivian, educated since childhood that the Chilean port of Antofagasta was theirs.  In the Bolivians’ calculus, the complaint they brought to The Hague was already a compromise: they didn’t demand new borders or sovereignty, but rather argued that Chile had an obligation to negotiate a settlement.

  • The ICJ’s decision – by a vote of 12 to three – that Chile had no obligation to negotiate underscored, once again, that the Morales government had stirred up unrealistic expectations. While Morales, who was in The Hague for the announcement, declared that “Bolivia will never give up,” his Chilean counterpart, Sebastián Piñera, lamented that the ICJ case “made us waste five years which could have been spent building a healthy relationship between the two countries.”  Nationalism permeated both sides’ positions, but the Chilean government showed greater restraint, even if demonstrators in Antofagasta did show certain triumphalism after the verdict was announced.
  • In terms of politics, Morales was more ambitious preceding the Court’s decision than Piñera. The Bolivian president’s lawsuit wasn’t just about territory; he had the clear political objective of keeping himself in power indefinitely.  Had he won the case in The Hague, his ability to remain in office would have been practically guaranteed – as a national hero and savior for having regained Bolivia’s access to the Pacific Ocean.

The Bolivian government’s rhetoric has hurt its image.  In the week before the verdict was announced, Morales’s vice president, Álvaro García Linera, in his well-established role as mobilizer and opportunist, spoke of “Chilean aggression” and predicted a “major defeat” for Chilean diplomacy at the ICJ.  In his customary paternalistic style, he called for full compliance with the Court’s decision (although he himself did not do so later).  After the decision, Morales acknowledged that the Court said Chile was not obligated to negotiate, but – instead of clearing the way for better relations in the future – renewed his call for negotiations.  The Chilean government is not about to talk about anything unless Bolivia demonstrates that it is serious.  One important move would be for Bolivia to rescind, unilaterally and immediately, the suspension of diplomatic relations with Chile in 1978.

Bolivia’s defeat has already had serious political consequences.  It is a serious blow to the re-election aspirations of Evo Morales in 2019, which he was pursuing despite its unconstitutionality as reinforced by the defeat of a constitutional amendment allowing a third consecutive term in a referendum on February 21, 2016.  It also prompted ex-President Carlos Mesa – a rival with good chances of success – to announce his candidacy in elections next year.  Morales has already lashed out at Mesa, linking him to the “Chilean oligarchy” and speaking of his “betrayal of the fatherland.”

  •  Beyond the ICJ judgment, Bolivia will eventually have to free itself of the isolation – mental as well as geographic – that prevents it from finding better ways of promoting its interests. Bolivia has means – in Peru and Chile toward the Pacific, and in Santa Cruz toward the Atlantic – with which to find solutions and reinforce its potential for growth.  But that entails lowering the flag of nationalism, something that is still unclear they’re prepared to do.

October 10, 2018

*Carlos Malamud is Senior Analyst for Latin America at the Elcano Royal Institute, and Professor of Latin American History at the Universidad Nacional de Educación a Distancia (UNED), Madrid.  A version of this article was originally published in El Heraldo de México.

Brazil: A Moment of Truth

By Barbara dos Santos*

Brazil elections 2018

A group of demonstrators gathered in São Paulo last week to protest Brazilian presidential candidate Jair Bolsonaro and show their support for other candidates like Ciro Gomes. / Mark Hillary / Flickr / Creative Commons

Campaigning for Sunday’s election has brought out deep divisions in Brazilian society and set the stage for an even more divisive runoff later this month.  This week’s polls underscore that, although most voters arguably occupy the center, the right and the left have the strongest candidates.  Populist conservative Jair Bolsonaro (31 percent) has a 10-point lead over Workers Party (PT) latecomer Fernando Haddad (21 percent), who started campaigning only after party standard-bearer “Lula” da Silva definitively pulled out of the race three weeks ago.  But both candidates have high negatives, and the polls suggest that they would be tied in a second round (42 percent each).  Ciro Gomes, of the Democratic Labor Party (PDT), is still hovering around 11 percent, but polls also show that he would beat Bolsonaro (39 to 45 percent) if they face off on October 28.  Everyone else is polling in the single digits.

  • Hate politics has spiked during this campaign, powered by polarization, culture wars, and fake news on social media. Uncivil discourse and even physical violence have increased.  Although Federal Police have concluded that the man who stabbed Bolsonaro last month acted alone, the candidate and allied social media are hyping the incident as a political attack.  Other rumors circulating online are that Haddad’s running mate, Manuela d’Ávila of the Partido Comunista do Brasil, ordered the stabbing (which prompted threats against her.)  A review by the national daily O Estado de São Paulo found that several of Bolsonaro’s campaign themes – defending the death penalty and vigilantism, the use of torture, and past racial cleansing – have fueled aggressive attacks by both opponents and supporters.  One of the leaders of the Facebook group Mulheres Unidas Contra Bolsonaro was assaulted by three men outside her home on September 24; their political views are clear, although their affiliation remains unconfirmed.
  • The emergence of Bolsonaro – who has publicly called women unequal, stupid, and even “too ugly to rape” – shows the stridency of the culture wars now occurring in Brazil. His campaign has also revealed greater tolerance among some sectors for misogyny going far beyond traditional machismo.  It reflects a rejection of the younger generation’s progressive and liberal values of equality and inclusion.  Bolsonaro’s proud refusal to apologize for his remarks suggests confidence that his base sympathizes with his views.

In terms of political institutions, the election is crucial to the future of the PT and the left in Brazil and beyond.  Over its 14 years in power, the party led the country on a path of decreasing inequality, a booming economy, and international prestige as a “global player.”  It all came tumbling down for external and internal reasons:  commodity prices crashed, economic recession set in, and massive corruption scandals led to deep, sustained political crises.  The PT’s opponents have cast the party as the embodiment of all that is wrong with Brazilian society and institutions, and Bolsonaro and others on the right are hoping to deal it a deathblow.  Haddad is running hard, but local observers believe he needs to distance himself more from his party’s past – such as by trying harder to avoid criticizing the judicial processes that landed Lula in jail, advocating a responsible government budget, and more aggressively criticizing Presidents Maduro in Venezuela and Ortega in Nicaragua.

This round of elections is the most important since the re-democratization of Brazil in 1988.  While some democracies around the world are known for tumult and strident campaigning – and may even be able to weather periods of authoritarianism – those that are of more recent vintage and less institutionalized, including Brazil, can break.  A Bolsonaro victory would not necessarily lead the country to military dictatorship, but the acceptance of his authoritarian vision, including his praise for military rule in the past, poses a potentially serious threat to the continuing strengthening of Brazilian democratic institutions.  In an interview last week, he even implied that if he were not elected, he would reject the vote count and claim that PT committed fraud.  Similarly, Haddad would also pose a threat to democratic institutionalization if he does not allow the justice system to handle Lula according to the law.

 October 4, 2018

*Barbara dos Santos is a Ph.D. Candidate in Political Science at the School of Public Affairs at American University.

U.S.-Guatemala: Are Donald Trump and Jimmy Morales Brothers in Arms?

By Anthony W. Fontes*

Jimmy Morales and Donald Trump

Guatemalan President Jimmy Morales meets with U.S. President Donald Trump in February 2018. / Executive Office of the President of the United States / Wikimedia

Guatemalan President Jimmy Morales’ announcement last month that he would not reauthorize the joint Guatemala-United Nations anti-corruption commission to remain in the country apparently was made with confidence that President Trump would approve, or at least turn a blind eye.  Morales’ gambit followed months of public threats against the International Commission against Impunity in Guatemala (CICIG), which has been investigating and prosecuting high-profile organized crime and corruption cases for over a decade.

  • His attempt to revoke CICIG’s authority and refusal to allow CICIG’s highly respected lead prosecutor, Iván Velásquez, to re-enter Guatemala after a trip to the United States are widely understood as intended to halt investigations into Morales’ own alleged illegal campaign financing during the 2015 presidential election. Even after Guatemala’s Constitutional Court – the nation’s highest judicial authority – ordered Morales to allow Velásquez entry, the president refused to budge.
  • Some U.S. politicians have joined in the international condemnation of Morales’ efforts – 23 members of the U.S. Senate and House wrote a letter to Secretary of State Pompeo asserting that he “must counter” the maneuver. But the Trump administration has remained largely silent; Pompeo in early September reiterated U.S. “support for Guatemalan sovereignty” – code for a hands-off policy – and, using words similar to those Morales has used in advocating dilution of CICIG’s mandate, announced his backing for a “reformed CICIG.”

Several explanations for Washington’s soft approach to Morales’ action have emerged.  Some pundits muse that the administration is repaying him for relocating the Guatemalan embassy in Israel to Jerusalem when the United States did.  Others opine that Trump fears pushing Guatemala into China’s arms amid reports that it will follow El Salvador’s recent decision to break relations with Taiwan.  Yet another, less strategic and more personal explanation might illuminate the equivocation – that Trump simply empathizes with Morales because they have a lot in common.

  • Both first emerged in the public eye as TV personalities. While Trump was building his brand on “reality TV,” Morales hosted a popular daytime talk show, where he became known for lowbrow comedic antics that included blackface.  In their campaigns, they fed on simmering discontent about the corruption of the political establishment, and trumpeted their lack of political experience as a prime reason to vote for them.  They both defeated the former first ladies of left-leaning presidents considered by large swaths of their electorates as corrupt.
  • More importantly, both presidents face far-reaching criminal investigations that have cast long shadows over their first years in office. Despite Trump’s vociferous denials to the contrary, the Special Counsel investigation into his campaign’s possible collusion with Russian efforts to influence the 2016 election has been a constant thorn in his side.  CICIG, whose investigations into former President Pérez Molina were pivotal to his arrest and impeachment, has represented an existential threat to the Morales administration since the day he took office in 2015.  CICIG’s work put his son and brother behind bars for fraud.  (Trump’s son and son-in-law are reportedly under investigation too.)  CICIG has doggedly pursued investigations against Morales and his supporters in Congress for illegal campaign financing, among numerous other charges.

The two presidents’ efforts to resist and deride the investigations into their activities expose perhaps the most striking (and disturbing) of their shared affinities.  To protect themselves, they appear willing to tarnish and undermine public institutions integral to democracy and law and order.  Trump attacks the free press and the FBI as “deep state” conspirators.  Morales has aligned with members of the Guatemalan Congress to give immunity from prosecution to politicians in office accused of a laundry list of crimes, contravening a fight against powerful criminal organizations embedded in government.  By violating decrees by Guatemala’s Constitutional Court, Morales has placed his administration on a collision course with the nation’s constitutional order.

  •  The potential long-term damage to democratic institutions suggests that the “democratic wave” that swept across the Americas in the second half of the 20th century has crested. Under the Trump administration, the United States now risks becoming a beacon for anti-democratic politicians like Morales across the hemisphere, giving political cover and guidance to those who would hasten democracy’s demise for the sake of power.  The rule of law in liberal democracies is predicated on transparency and accountability – and is threatened by executive intimidation of institutional checks and balances.

October 2, 2018

*Anthony W. Fontes is an Assistant Professor in the School of International Service at American University.

Paraguay: Stormy First Month for New President

By Barbara dos Santos*

Mario Abdo Benítez

Paraguayan President Mario Abdo Benítez. / Marcos Corrêa / Flickr / Creative Commons

A little over a month into his five-year term, Paraguayan President Mario Abdo Benítez is already being challenged by corruption scandals – including allegations against himself – and internal party squabbling, but he is continuing efforts to build his image as an ambitious reformer.  While emphasizing continuity with the previous administration’s economic policies – focusing on export-fueled growth, low taxes, and domestic investment – Abdo Benítez’s push for certain reforms is ruffling feathers.

  • In the wake of protests against highly publicized corruption and influence-trafficking cases involving national legislators and top judges, Abdo Benítez based his campaign on a pledge to fight government and judicial corruption though deep reforms. In his inauguration speech, he called for immediate priority to be given to comprehensive reform of the national judicial system.  Three days after taking office, he called on all political parties – including those without representation in the National Congress – to join a national debate on constitutional reform.

The president, however, faces a number of challenges to his image and leadership.

  • During the campaign, he distanced himself from the legacy of his father, who was a top aide to Paraguayan dictator Alfredo Stroessner (1954-89), but a visit he made to his father’s grave after voting on election day and his use of Stroessner’s white Chevrolet on inauguration day fueled apprehensions about his commitment to democracy.
  • He is being buffeted by allegations that he has ties with drug traffickers. Social media have publicized a picture of the president in his home with his arm around drug kingpin Reinaldo Javier “Cucho” Cabaña, who was arrested earlier this month.  He has denied receiving money from Cabaña and said that he did not recognize the man – that he had taken “millions of photos” with sympathizers who came to his house to express support during the campaign.
  • One of his closest allies in the congress, Ulises Quintana, was also indicted this month for alleged involvement in “Cucho’s” international drug trafficking network. Another close ally facing corruption charges is Miguel Cuevas, the president of the Chamber of Deputies, who stands accused of illicit enrichment while in office and who has become the new main target of the anti-corruption protest groups.
  • A faction within his party, the Cartistas —allies of former President Horacio Cartes – has been holding back on support Abdo Benítez’s reforms. They claim his call for inclusive debate, rather than negotiating directly with them before opening to other parties, was a sign of bad faith, and they have not agreed to join the talks.
  • The president also faces challenges from the opposition Partido Liberal Radical Auténtico (PLRA), whose leader says he supports reforming the constitution, even drafting a new one, but that it should be based on a “national agenda” – not only Abdo Benítez’s priorities. PLRA and other parties are concerned that a key purpose of the reforms is open the way to presidential reelection, which has long been a goal of the Cartistas.  They also claim the president is appointing cronies to positions that require technical expertise, such as management posts at the Itaipú power plant on the Brazil-Argentina border.

Abdo Benítez’s commitment to reforms may be mostly rhetorical – his bottom line seems mostly about continuity – but the political threats that they entail could get out of control and spark protests.  Six weeks into his presidency, he seems unlikely to rally the domestic support necessary to enact deep reforms to make the electoral, political, and judicial processes more open and transparent.  He may find some comfort in the fact that neighboring presidents – Michel Temer in Brazil, Mauricio Macri in Argentina, and Evo Morales in Bolivia – all have their hands full too, and that, if anything, the region’s turn to the right during elections since 2015 means that he is not likely to be isolated politically.  As a new president, however, Abdo Benítez has to be wondering what the next five years hold.

September 27, 2018

*Barbara dos Santos is a Ph.D. Candidate in Political Science at the School of Public Affairs at American University.

U.S. Politics: Ted Cruz’s Spanish Problem

By Chip Gerfen*

Beto O'Rourke and Ted Cruz

Beto O’Rourke, D-El Paso (left), is challenging Republican incumbent U.S. Senator Ted Cruz. / Marjorie Kamys Cotera: O’Rourke/ Bob Daemmrich: Cruz

In the race for the U.S. Senate seat in Texas, a non-Latino challenger is gaining on an incumbent widely hailed as the Senate’s first Hispanic member by mischievously challenging his bond with Latino voters.  Last Friday evening in Dallas, Democrat Beto O’Rourke and Republican Ted Cruz held the first of three planned face-to-face debates in what now appears to be a toss-up race for the Senate seat Cruz has held since 2013.  The Texas Republican Party misjudged O’Rourke’s appeal, ineptly miscalculating that his punk rock past, ability to skateboard, and occasional use of obscenities would swing sentiment away from rather than towards him.  O’Rourke is a three-term member of the U.S. House of Representatives from his hometown of El Paso.

  • Extraordinarily, the race pits a fourth-generation Irish-American, Robert Francis O’Rourke, with the Spanish nickname “Beto,” against a first-generation Cuban-American, Rafael Edward Cruz, who goes by “Ted” – and it is impossible to miss the irony in the fact that the Irish-American has challenged the Cuban-American to hold two debates in Spanish.

Cruz’s Spanish language bona-fides have come up in an electoral context before.  As I wrote during the 2016 presidential primaries, Cruz and Florida Senator Marco Rubio, also a Cuban-American, sparred openly on national television, with Cruz accusing Rubio of using Spanish to send different messages to different constituencies.  Rubio ridiculed Cruz’s lack of fluency in the language, suggesting a major positive shift in attitudes towards the value of Spanish in the public, political sphere.

  • Cruz’s traditional homogenizing view of immigrant language and identity was already clearly visible in his prior description of English as the language of the people of Texas, while Spanish was foreign and appropriate for use in the public and political discourse of places such as Cuba or Mexico. Rubio, by contrast, viewed his fluency in Spanish as a useful tool for connecting with Hispanic voters without incurring costs with non-Hispanic voters.  By openly disparaging Cruz’s Spanish in a nationally broadcast debate, Rubio sought to undermine the man’s cultural and ethnic authenticity, especially when contrasted with his own demonstrable bilingualism and cultural pluralism.

The current race in Texas is more than an incumbent defending his seat in a statewide election.  It is one with national consequences being played out on a big stage – at a time when the tsunami of Trump’s political victory and subsequent discourse and policies may seem to have changed the political calculus regarding linguistic and ethnic identity away from Rubio’s embrace of linguistic pluralism in the public square.  Nevertheless, not only are Cruz’s Spanish bona-fides being called into question again; the challenge arises from a political competitor named O’Rourke who has no ethnic connection to the Latino communities of Texas.  O’Rourke and Cruz are, in fact, polar opposites.  Cruz, son of a Cuban immigrant father, is a paradigm of traditional assimilation.  Like the children of many immigrants, he lost the language of his father, embraced English as a marker of his American identity, and chose an English nickname, Ted, over his given name, Rafael.  O’Rourke, by contrast, was raised in the bilingual border city of El Paso, grew up with a Spanish nickname, and learned to speak fluently the Spanish language of the generally economically less privileged citizens of his home.

By challenging Cruz to debate in Spanish, O’Rourke is advancing a vision of political and societal inclusion that does not demand linguistic assimilation.  Like Rubio in 2016, he is leveraging his own knowledge of Spanish to connect with a specific constituency and espouse an inclusive vision.  At the same time, by forcing Cruz to admit his inability to speak Spanish, O’Rourke, like Rubio before him, implicitly identifies Cruz as an outsider to the linguistic community to which he should, by birthright, feel some affinity.  While language itself does not define the ethnicity of either candidate, O’Rourke is adeptly challenging Cruz’s authenticity as a Latino, while at the same time signaling his own solidarity with constituents who speak Spanish or are descended from Hispanic families in ways that Cruz cannot.  Simply put, by taking the Spanish out of Cruz, O’Rourke leaves Cruz with little choice but to continue betting on the political value of the traditional, and increasingly challenged, narrative of assimilation in a demographically changing political landscape.

September 25, 2018

* Chip Gerfen is Professor of Linguistics and Spanish at American University.

Latin America: Research Can Drive Inclusion

By Judith Sutz and Rodrigo Arocena*

A woman points to a microscope while a man looks on.

Researchers from Uruguay’s Universidad de la República worked with partners from the World Health Organization on a project to prevent dengue fever in Salto, Uruguay. / PAHO / Flickr / Creative Commons

Research programs that address “invisible problems” in society – challenges that are generally overlooked – increase marginalized people’s inclusion far beyond solution of their immediate problems.  Problems lacking “agency” get little or no attention as competing demands for public funding crowd out resources for studying problems suffered by marginalized groups.  The solutions that arise from most research, moreover, are often too expensive and too elaborate for the less fortunate.

  • Many health problems denominated “neglected diseases” fall within what the World Health Organization calls “the 90/10 gap.” Some 90 percent of all the health research done around the world is devoted to the kind of health issues suffered by 10 percent of the world population, while the 90 percent get scant attention.

Money and political will are only part of the problem.  Research to identify a problem is in itself a challenge.  Our research indicates that some initial research is often all that is necessary to make an “invisible problem” explicit enough for policymakers to be forced to pay attention.

  • In Uruguay, a university research program in 2010 uncovered the link between rice workers’ health problems, including early death, and agrochemicals seeping into the water spread at plantations. The link was difficult to detect because their symptoms were all “normal” and had other common explanations, but an interdisciplinary team analyzed epidemiological data to confirm it, which prompted the Ministry of Public Health to take action.

A second challenge is developing new approaches to adapt existing solutions that work for the well off to sectors without resources.  Many times in the past, research stopped when a solution, albeit a costly one, was found – which has the consequence of excluding sectors of modest means.  But we know that new intellectual directions can break through even those technological barriers.

  • Once a vaccine was found for the bacterium Haemophilus influenzae type b (Hib), a dangerous pathogen that causes meningitis and other life-threatening diseases in children under five, the threat disappeared from developed countries. But it remained dangerous elsewhere in the world due to the high cost of the vaccine.  Researchers at the University of Havana explored a new approach and designed a synthetic vaccine with a very low cost of production – which many scientists have hailed as an important success.  Argentinean scientists’ development of a probiotic yogurt – called Yogurito – has provided an affordable solution to provide lactobacilli that children need for digestive health.  These “frugal innovations” yield huge benefits.

An inclusive research agenda – promoted by universities and other thought leaders throughout Latin America – can transform knowledge into a tool for social inclusion if the knowledge produced and diffused in the innovation system is focused on the broadest possible segment of society.  A Copernican shift of research agendas worldwide is unlikely in the short term, but a commitment to human sustainable development will necessarily open spaces for broader agendas over time.  Democratization of access to higher education is one important driver in building “inclusive innovation systems.”  In both developed and underdeveloped societies, “developmental universities” can play a big role in solving problems and, importantly, enfranchising broader segments of the population.  Inequality in knowledge – forgetting people with forgotten problems – is a source of broader inequality the reversal of which will be of benefit to all.  Seeing victims of illness who lack the cures that wealthier citizens have as agents, rather than just as patients, is an important first step.

September 20, 2018

* Judith Sutz is Professor and Academic Coordinator of the University Research Council of the Universidad de la República, Uruguay, and Rodrigo Arocena was the University’s rector.  Their recent book is Developmental Universities in Inclusive Innovation Systems: Alternatives for Knowledge Democratization in the Global South (Palgrave Macmillan, 2018).

Mexico: Is Centralization the Way to Battle Corruption?

By Daniela Stevens*

A large group of people stand on a stage.

Mexican President-elect Andrés Manuel López Obrador (center left) meets with current President Enrique Peña Nieto and members of his cabinet during the transitional government period. / Presidencia de la República Mexicana / Flickr / Creative Commons

Half way through Mexico’s five-month transition period, an effort by President-elect Andrés Manuel López Obrador (AMLO) to increase central government oversight over states’ affairs suggests an agenda that may go beyond the “republican austerity” he frequently calls for.  His plans to lower the numbers and salaries of high-ranking bureaucrats have been well received, but he raised hackles when he announced plans to appoint a single federal representative – a delegado – to liaise with each of the 32 states, eliminating the 20 to 30 central government representatives that until now have been dispersed throughout each jurisdiction.  He claims the measure is to save on the bureaucracy payroll, but many observers are concerned it will concentrate more power in his own hands.

  • Criticism has already forced AMLO to repackage his plan somewhat. He uses mixed language to refer to the responsibilities of the delegados.  While he has strongly defended his legal ability to appoint a single delegado, he more recently reassured aggravated governors that his representatives would maintain “institutional relations” and respect local elected officials’ autonomy and authority.  Olga Sánchez Cordero, AMLO’s appointee as Secretary of the Interior, further clarified that the delegates would only be in charge of social development programs, constituting a “layer of proximity to citizens” currently or potentially enrolled in social programs.  Under AMLO’s proposal, delegados would take over all kinds of programs, including youth scholarships, conservation efforts, health care, and social security programs for special populations – a herculean portfolio for a single representative.
  • Critics argue that the appointment of single delegados reporting directly to AMLO will undermine federalism. Electoral and administrative decentralization were integral to Mexico’s long democratization process.  For decades, the president was not only the predominant force over the legislative and judicial powers; he also appointed governors from the hegemonic party to the states.  The delegados would potentially create a power structure that parallels and rivals that of the state governors.  Some governors argue that the constitution does not recognize intermediate authorities, and wonder whether persons with partisan agendas will get too deeply involved in local budgets and policies.  In addition, the position would be coveted for its discretionary power and direct link to the president – giving politicians from AMLO’s party, Morena, a leg up as potential candidates for governor.

If done right, however, the measure could alleviate the plague of corruption that permeates the states, and the governorships in particular, and which AMLO has repeatedly condemned.  Governors routinely abuse their powers and engage in serious acts of corruption and financial crime.  As Agustina Giraudy has documented, undemocratic governors have used their offices to perpetuate “subnational undemocratic regimes” in the wake of Mexico’s 2000 transition to electoral democracy at the national level.  Former Governor Javier Duarte, of Veracruz, stole hundreds of millions of dollars from the public budget, and others, like Humberto Moreira in Coahuila, left their state with large debts.  Oversight from an anti-corruption executive in Mexico City might not necessarily be a bad thing.

Ideally, state legislatures – rather than the president or his delegado – would constitute the brake on governors’ decisions, providing a real counterweight anchored in local political dynamics.  AMLO’s efforts to turn Mexico into an “authentic democracy” will miss the mark – and amount to a crass political move – if the transformation does not include an institutionalization of leadership.  His party, Morena, is extraordinarily dependent on his personal leadership; it is an amalgam of politicians who abandoned other parties or joined it because of personal ties to him.  AMLO, who plans to preach integrity by example, cannot alone be the foundation of the “fourth transformation” he purports to lead (the first being independence, the second the “Reforma,” wars, and the third the 1910 Revolution).  With institutionalization, AMLO and Morena could put appointees and delegados through a transparent, legal vetting process – based on merit – and give them clear, legal operational responsibilities.  Failing that, their reforms may prove to be a primarily partisan project.

September 14, 2018

* Daniela Stevens is a Ph.D. candidate in Political Science in the School of Public Affairs at American University.

Brazil: Diving into Uncertainty

By Marcus Rocha*

Brazilian presidential candidates 2018

Brazilian presidential candidates, from left to right: Lula da Silva, Jair Bolsonaro, Geraldo Alckmin, Marina Silva, and Ciro Gomes. / Wikimedia, edited

With voting just a little under four weeks off, Brazil faces the most confusing, unpredictable, and consequential election since democratization in the 1980s.  The two leading contenders – former President “Lula” da Silva and firebrand conservative Jair Bolsonaro – are in jail and the hospital recovering from a stabbing, respectively, but the former is being left behind, and the latter is likely to try to use his victimhood to overcome other weaknesses.  At a point that Brazil needs stability and leadership, it is lurching toward an election that appears unlikely to produce either.

  • Lula’s Workers Party (PT) hierarchy continues to push his candidacy, but yet another rejection last week of his appeal of his conviction on corruption charges is increasingly opening the way for Fernando Haddad, former mayor of São Paulo, to assume the party mantle. Haddad has polled poorly, only 6 percent as recently last week, but a serious PT mobilization will be a big asset.  (Announcement of his candidacy is expected today.)
  • Prior to Bolsonaro’s stabbing, his weaknesses seemed likely to hold him back despite a good 22 percent in recent polls. His popularity may rise as he seeks sympathy for his injury, but his strong negatives – 44 percent of people polled say they will never vote for him – will be hard to erase.  His Social Liberal Party (PSL) has a very narrow base in Congress, and the former Army captain and lawmaker’s main tactic – divisive rhetoric attacking human rights advocates and praising the military dictatorship of 1964-85 – does not conceal his lack of a serious political agenda, according to many observers.

The proliferation of other parties is also deepening confusion.  Brazil has 35 parties, and for the first time faces the possibility that neither of the two Brazilian parties with a virtual monopoly on presidential succession – the PT and Brazilian Social Democracy Party (PSDB) – will make it into the runoff in Brazil’s two-round system.  The PSDB’s Geraldo Alckmin has a strong Congressional base (which under the law determines his access to media time) but continues to poll poorly (9 percent).  Marina Silva, of the Rede Sustentabilidade, and Ciro Gomes, of the Democratic Labor Party (PDT) – both of whom currently have 12 percent – have a shot at a place in the second round.  Another eight candidates show much less promise.

The political chaos has not brought protesters out into the streets or threatened a broader social crisis in the closing weeks of the campaign, but it has thrust Brazil into uncharted territory.  Bolsonaro’s stabbing and his certain efforts to play the victim will almost certainly continue push his rhetoric beyond that traditionally acceptable in Brazil.  The political parties, however flawed, were sources of predictability and stability, but no longer are.  Investigations into corruption, also previously thought to strengthen the political system, have contributed to uncertainty.  The courts are accused of political bias.  As the PT and PSDB slip, none of the smaller parties appears poised to gain broad enough confidence to lead the country through its numerous challenges.  In the first- and second-round votes on October 7 and 28, Brazilians will choose between trying to revive the old – clinging to PT or PSDB – or continuing the search for something that is not yet visible on the horizon.

September 11, 2018

*Marcus Rocha is a Ph.D. candidate in Public Policy at the Federal University of Rio Grande do Sul in Porto Alegre, and a former CLALS Research Fellow.