U.S.-Central America: Suspending Aid Won’t Help

By Joseph Wiltberger*

Honduran President Juan Orlando Hernández, U.S. Vice President Joe Biden, Guatemalan President Jimmy Morales, and El Salvador President Salvador Sánchez Cerén during a Northern Triangle meeting on January 14, 2016

Honduran President Juan Orlando Hernández, U.S. Vice President Joe Biden, Guatemalan President Jimmy Morales, and El Salvador President Salvador Sánchez Cerén during a Northern Triangle meeting on January 14, 2016 / https://commons.wikimedia.org/wiki/File:Reuni%C3%B3n_Tri%C3%A1ngulo_Norte_con_Vicepresidente_Biden2.jpg / Creative Commons

President Trump’s recent announcement to cut off U.S. aid to Guatemala, Honduras, and El Salvador – intended to pressure those governments to stop migrant caravans headed for the U.S.-Mexico border – would suspend and divert an estimated $700 million dollars in funds directed mainly to regional security and economic programs with mixed impacts on migration. A comprehensive impact evaluation of recent U.S. aid to the region has not yet been conducted, so the consequences of this move are open to debate. While some of the aid may help those vulnerable to migration, other allocations to the three countries may be counterproductive to slowing migration.

The three countries have received around $2 billion in aid since 2015, when former U.S. Vice President Joe Biden initially committed Washington’s contribution to the Alliance for Prosperity Plan (A4P) in response to a surge in the migration of Central American families and unaccompanied minors. The A4P, a document drawn up by the Inter-American Development Bank and the three nations’ governments, has guided most of the U.S.’s strategic aid allocations to the region. The U.S. Congress allocated about $750 million in assistance in fiscal year 2016, $655 million in 2017, and $450 million in 2018. About a third of those funds have been aimed at improving citizen security through support for police, the judicial sector, and violence prevention programs. Roughly another third has been geared toward promoting economic development, and the remainder has been split mainly between anti-corruption efforts and support for military personnel through training and arms to fight drug trafficking and human smuggling.

  • NGOs working with communities susceptible to migration complain that the A4P was drafted by Central American leaders without their input, and that its framework – also reflected in U.S. aid priorities – favors elite business and political interests. It gives tax incentives to foreign investors and, opponents say, makes way for resource extraction, maquilas, and other transnational industries dependent on cheap labor and known to contribute to displacement. It directs hundreds of millions of dollars in aid to military and police forces notorious for human rights violations that are rarely prosecuted, a problem that human rights advocates warn endangers citizens and can force more migration.
  • Some of the programs aligned with the A4P, however, grasp the underlying causes of migration from these nations and show how aid can help if properly channeled. They aim to combat corruption and reduce violent crime by improving judicial systems and government transparency, and with community-based violence prevention programs. Many projects – such as initiatives to create economic, extracurricular, and educational opportunities for at-risk youth, and grassroots endeavors such as cooperatives of women and small farmers – are led by local organizations with a long-standing track record of effective local work on the ground in marginalized areas. One of the more rigorous impact evaluations to date found that USAID-funded community-based gang violence prevention programs were effective.

President Trump’s announcement to cut aid did not reflect an assessment of its effectiveness but instead appears to be a political maneuver to counter domestic political opponents who support aid and to punish the governments he believes have “set up” migrant caravans and should do more to stop them. Ending assistance doesn’t help. U.S. aid to Central America should be focused on proven ways to improve security and economic conditions and to combat corruption and guard against human rights violations – problems that drive the region’s emigration today. Cutting off aid will not stop caravans and runs contradictory to the A4P’s stated goal of addressing the root causes of migration. It is counterproductive to the current administration’s interests. Aid strategies would benefit from setting U.S. political and business interests aside to instead focus more on measures that effectively fight corruption, protect human rights, and provide support for trusted organizations proven to be effectively creating opportunities and safer communities for those most vulnerable to migration.

April 29, 2019

* Joseph Wiltberger is a cultural anthropologist. He holds appointments as Assistant Professor of Central American Studies at California State University, Northridge and as Visiting Scholar at the Center for Comparative Immigration Studies at the University of California, San Diego.

Central America: Evolution of Economic Elites

By Alexander Segovia*

 

El Salvador landscape

El Salvador landscape / Google Images / Creative Commons

The elites of Central America – traditionally organized in national business groups with strong family ties – have lost power and allowed certain reforms to advance over the past 30 years, but the full impact of this historic shift has been blunted by the lack of broad, inclusive national debates and the growing role of regional economic powers. Until the 1980’s, the powerful interests of the traditional agricultural export economy dominated for more than a century, with enormous influence by virtue of their control over property and every facet of the production, processing, and domestic and foreign marketing of their products.

  • For these traditional elites, the state was to be used for their own benefit. Their decisive influence continued even as economies changed and exports diversified somewhat after World War II. It survived the growth of cities, the emergence of new players in industry, the growth of organized labor, and the expansion of government bureaucracies. Elites obstructed changes that threatened their interests and parried others into minor tweaks of the essentially agro-export model that they dominated. They preserved many inequities in social and economic systems, slowed diversification, and protected governments that were weak, corrupt, disorganized, and often authoritarian, repressive, and undemocratic.

Since the late 1980’s, according to my research, the agro-export model that enabled elites to have such power has changed significantly – facilitating the emergence of new economic models (albeit with different manifestations in each country) and eroding the old elites’ grip on society. The change was driven by the armed conflicts, political and social crises, emigration, and the flow of remittances. Neoliberal economic reforms, including liberalization, deregulation, privatization, and opening to foreign investment, had an impact within the context of the broader capitalist globalization gaining momentum during the period.

  • Although not always with alacrity, elites had to accept the advent of new spaces and patterns in which other actors were able to accumulate wealth and power. Tourism, telecommunications, banking, and other service sectors gave rise to new voices, as did the development in some countries of non-traditional exports. New entrepreneurs brought in new foreign actors, including many from neighboring countries and the rest of Latin America. Powerful transnational economic groups (known by the Spanish acronym GETs), with strong family ties, began to operate across borders – creating both new opportunities and new challenges. The GETs have already flexed their enormous influence over public policies. As a result, the traditional elites gradually have found themselves forced to function within a matrix of national and regional power, with new dynamics, over which their grip had been broken or at least significantly weakened.

National elites such as El Salvador’s have broken with the old stereotype of selfish economic interests united around an extreme right wing ideology – being more heterogeneous today in composition and perspectives than ever before – but deeper, lasting change is going to take time and effort. An inclusive national dialogue in each country to build agreement on the broad outlines of a political project to address how to effect national transformation and modernization would be the best way of reassuring all sides that their voices count, but unfortunately no country is holding one. Generational change – characterized in part by younger family members’ constant connectivity with peers outside strictly national circles – could also be a factor.

  • The increased activism of the GETs may explain why breaking the grip of the nation-based traditional elites has not led to deeper and broader change – essentially swapping one elite’s manipulation of government for another’s. The GETs have important, and sometimes decisive, influence over public policies not just in their home countries, but beyond. The future of reform therefore would appear to depend on the willingness of regional elites to pursue them. Several initiatives, including one undertaken by the Instituto Centroamericano de Investigaciones para el Desarrollo y Cambio Social (INCIDE), of which I am President, aim to promote a constructive dialogue between society and the GETs. Progress hasn’t been easy or quick, but we have proven that change is indeed possible.

March 21, 2019

*Alexander Segovia is a Salvadorean economist and President of the Instituto Centroamericano de Investigaciones para el Desarrollo y el Cambio Social.  He was Technical Secretary of the Presidency of El Salvador (2009-2014). This article is adapted from his recent book, Economía y Poder: Recomposición de las Élites Económicas Salvadoreñas.

U.S. Immigration: Call for Wall Ignores Changing Migrant Profile

by Dennis Stinchcomb

Graph of southwest border apprehensions, FY 2012-2019

Southwest border apprehensions, FY 2012-2019 / Note: FY 2019 data is through November 2018. Figures may not total 100% due to rounding. / Data source: U.S. Customs and Border Protection

As a record number of Central American families and unaccompanied children flock to the U.S.-Mexico border, the Trump administration’s demand for a $5.7 billion wall ignores changing migrant demographics and leaves largely unaddressed an asylum system buckling under unprecedented strain.  While undocumented immigration at the U.S.-Mexico border remains at historic lows, over 48,000 individuals comprising family units (parents traveling with children) were apprehended at the U.S. southwest border between October and November 2018 – a 308 percent increase over the same two months in 2017.  Such a staggering rise comes on the heels of what was already a record-setting year.  Between October 2017 and September 2018, border officials tallied the highest level of family crossings on record; the over 107,000 individuals detained by border officials dwarfed the roughly 40,000 apprehensions of unaccompanied children that prompted the Obama administration to declare a “crisis” in summer 2014.

A closer look at recent immigration trends underscores changing realities at the border:

  • Central American families and children represent an ever-growing share of migrants. Because overall undocumented immigration at the border has dropped and families and children have surged, the latter now account for 40 percent of all unauthorized migrants apprehended, up from 10 percent in 2012.  (Prior to 2012, family apprehensions were not publicly reported.)
  • Guatemalans now account for over half of all Central American family and child migrants. Though Guatemala is more populous than neighboring El Salvador and Honduras, proportional disparities in migrant flows from the three Northern Triangle countries have widened in recent years.  Guatemalan families apprehended at the border doubled between 2017 and 2018, and the number of unaccompanied Guatemalan minors increased by over 50 percent.  An increasing share of these migrants are coming from indigenous communities where poverty and malnutrition are rampant, so border officials face compounding challenges including linguistic barriers and health needs – factors that may have contributed to the recent deaths of two Guatemalan children while in Border Patrol custody.
  • Family and child migration from El Salvador has plummeted to its lowest level since 2013. The abrupt decline in Salvadoran migration to the United States has led many experts to point to the chilling effects of the Trump administration’s decision to terminate Temporary Protected Status (TPS) for nearly 200,000 Salvadorans currently residing in the U.S.  The “Trump effect” following his early 2017 executive orders, however, was short-lived, and other events, such as possible controversy over elections next month, could renew migratory pressures and further exacerbate conditions at the border.
  • The dramatic increase in migrant flows from Central America has fueled an historic surge in asylum claims. At the border, credible-fear claims – the preliminary step in soliciting asylum – continue to climb precipitously, up from 9,000 in 2010 to 79,000 in 2017.

The U.S. Government’s proposed solutions to the burgeoning humanitarian crisis do not reflect the evolving profile of migrants at the U.S.-Mexico border.  President Trump’s border wall – a hallmark promise of his 2016 campaign – appears aimed at the familiar Mexican adult migrant of the early 2000s or the mythical “bad hombre” spawned by his own nativist tendencies.  His Administration’s recent attempts to deter migrants or bar their access to asylum, either by separating families or rolling back protections for victims of domestic violence, have not stemmed the flood of arrivals.  A new “caravan” of migrants is set to depart Honduras this week.  Nor will a wall extinguish migrants’ legal right to request asylum.  The President’s most recent budget request for modest funds for hiring immigration judges and providing border infrastructure to support “vulnerable populations” is being held up by the political impasse in Washington over his greatly disproportionate spending on a wall, Border Patrol agents, and detention facilities.  Compromise between the President and Congressional Democrats remains elusive three weeks into a confrontation that has shut down much of the U.S. Government.  While Democrats have expressed willingness to beef up border security in exchange for a significant immigration win, such as legalization of the Dreamers or renewal of TPS, anything short of meaningful reform to the U.S. asylum system will do little to resolve the backup at the border.

Jan 15, 2019

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.

MS13: Criminal Patterns Defy Traditional Solutions

By Steven Dudley and Héctor Silva*

Gang members gather behind bars

Incarcerated members of the MS13 in Sonsonate, El Salvador. / FBI / Creative Commons

The Mara Salvatrucha (MS13) is one of the world’s largest and most violent street gangs and – despite decades of law enforcement action in two hemispheres – it remains a persistent threat.  In a report based on three years of research released this week by CLALS and InSight Crime (click here for full report), we estimate that the MS13 has between 50,000 and 70,000 members concentrated in mostly urban areas in Central America or other countries with a large Central American diaspora.  In the United States, its strongest base is in the Los Angeles and Washington, DC metropolitan areas, but it is expanding beyond urban areas in California and along the Eastern seaboard from Boston to North Carolina.  The failure to understand the gang’s roots, organizational contours, and everyday dynamics have long hindered efforts to combat it.

  • The MS13 is a social organization first, and a criminal organization second. It creates a collective identity that is constructed and reinforced by shared experiences, often involving acts of violence and expressions of social control.  The MS13 draws on a mythic notion of community, with an ideology based on its bloody fight with its chief rival, the Barrio 18 (18th Street) gang.  In Los Angeles and El Salvador, gang “cliques” have developed some degree of social legitimacy by prohibiting predatory activities (such as domestic violence) in areas of influence where the state provides no protection.
  • The MS13 is a diffuse, networked phenomenon with no single leader or leadership structure that directs the entire gang. It’s a federation with layers of leaders who interact, obey, and react to each other differently depending on circumstances.
  • Internal discipline is often ruthless, but the gang has guidelines more than fixed or static rules. Haphazard enforcement leads to constant internal and external conflicts and feeds violence wherever the gang operates.  Gang-related murders (of which MS13 represents a fraction) are thought to represent around 13 percent of all homicides in the United States, and upwards of 40 percent of the homicides in El Salvador, Honduras, and Guatemala.  The violence at the heart of the MS13 builds cohesion and camaraderie among the dispossessed men and boys who comprise it and it has enhanced the gang’s brand name, allowing it to expand in size and geographic reach.  However, that extraordinary violence has also undermined its ability to enter more sophisticated, money-making criminal economies because partners see it as an unreliable and highly visible target.
  • The MS13 is a transnational gang, but it is not a transnational criminal organization (TCO), as it only plays a part-time role in drug-trafficking, human smuggling, and international criminal schemes. Its growing involvement in petty drug dealing, prostitution, car theft, human smuggling, and, particularly in Central America, extortion schemes nearly always depends on its ability to control local territories rather than to command trafficking networks that span jurisdictions.  Significantly, we’ve found no evidence that it is involved in encouraging or managing the flow of migrants from Central America through Mexico and into the United States.

The U.S. government has placed MS13 at the center of several policies that do not give sufficient weight to these key characteristics.  The gang’s violent activities have also become the focus of special gang units and inter-agency task forces across the United States, including the Department of Homeland Security (DHS), the Drug Enforcement Administration (DEA), and other agencies involved with federal, state, and local law enforcement.

Policymakers in the United States and Central America have devoted many millions of dollars to law enforcement programs aimed in part at eliminating MS13, but they have generally been reluctant to address the underlying causes of the group’s growth – exclusion and the lack of opportunity – that push youths into its arms.  Gang recruitment will continue to flourish until societies create a space in which young people find community, potentially created by NGOs, schools, churches, parents, and other members of the community.  In the United States, moreover, lumping all members with the most violent offenders, casting immigrants as criminals, and isolating gang-riddled communities inspires fear and reduces cooperation with local authorities.  The U.S. and Central American governments also empower MS13 by making it a political actor, either by negotiating truces with it (as San Salvador has) or by making it a center-point of immigration policies that have little to do with its fortunes (as Washington does).  The gang will prosper until governments base policies and programs on a realistic evaluation of its strengths, origins, and internal dynamics.

February 13, 2018

* Steven Dudley is co-director of InSight Crime and a CLALS Fellow, and Héctor Silva is a CLALS Fellow.  Their three-year research project was supported by the National Institute of Justice of the U.S. Department of Justice, but the report’s conclusions are their own.  The report will be the subject of a discussion entitled Inside MS13: Separating Fact from Fiction at the Inter-American Dialogue (Washington, DC) on Friday, February 16.  Click here for details.

El Salvador: End of TPS Will Challenge Government and Society

By Jayesh Rathod and Dennis Stinchcomb

People wade through knee-deep water

Flooding in Jiquilisco, El Salvador / Global Water Partnership / Flickr / Creative Commons

The Trump Administration’s end of Temporary Protected Status for Salvadorans in the United States next year potentially will drop some 200,000 people into an environment in which basic needs, including personal security, cannot be met.  TPS for Salvadorans was first granted in 2001 after earthquakes caused “environmental disaster and substantial disruption of living conditions,” but subsequent 18-month extensions have been based on a broad range of factors.  On 11 occasions over the past 16 years, Washington has cited the lack of infrastructure, food, housing, and health care and slow economic growth as reasons for continuing TPS for Salvadorans.  Violence, corruption, and impunity as well as limited state capacity to combat them were also key reasons.  Statements by the Department of Homeland Security (DHS) announcing the policy change this week make limited mention of these factors, but numerous experts, including those contributing to a recent joint report by CLALS, The Washington College of Law, and the Instituto Centroamericano de Estudios Fiscales (ICEFI), concluded that El Salvador remains unable to adequately handle the return of its nationals.

  • Despite a decline in its national homicide rate, El Salvador remains the most violent country in the hemisphere. While the government espouses a narrative of progress, other indicators make clear that improvement on the security front has been limited, if not altogether absent.  Extraordinary security measures have coincided with increased allegations of extrajudicial killings perpetrated by both security officers and civilian self-defense groups.  Citizens’ pursuit of safety has made El Salvador the second-ranking country in the world of new displacements relative to population size.  Widespread corruption and weak rule of law contribute to impunity and abuse.
  • El Salvador remains extremely vulnerable to natural disasters – experiencing three major earthquakes since July 2016 and deadly torrential rains throughout 2017. El Salvador consistently remains Central America’s slowest growing economy, and under-employment affects more than one quarter of the labor force.  (That percentage will increase to roughly a third if TPS beneficiaries return to their homeland.)  The country has the highest deficit in adequate drinking water in the region.  Six out of 10 families who live there lack adequate housing.

The Salvadoran government is trying to put the best possible face on decision to terminate TPS, which it had previously lobbied against forcefully.  On January 8, the Foreign Ministry expressed “thanks to the government of the United States” for “postponing” the end of TPS for 18 months because it acknowledged the contribution of Salvadorans to the U.S. economy, culture, and society.  The government also thanked various non-governmental actors for supporting the “renewal” of TPS.  In closing, however, the government reiterated its commitment to push “alternatives” in the U.S. Congress that would promote Salvadorans’ “migratory stability” in the United States.

  • Think tanks and humanitarian organizations in Washington have condemned the Trump measure. The Washington Office on Latin America (WOLA) said ending TPS is a “senseless and inhumane policy.”  The Inter-American Dialogue notes that the Salvadoran MS-13 gang – one of President Trump’s most-stated enemies – will be a “primary beneficiary.”  Some fear that returnees, because of their perceived wealth, will be targets for extortion and other criminal activity at the hands of gangs.  A number of observers say that the resulting increase in instability in El Salvador will trigger more illegal migration into the United States.

Ending TPS for Salvadorans casts a shadow of uncertainty over the lives of 200,000 law-abiding, tax-paying migrants – half of whom have lived in the United States for more than 20 years and a third of whom have homes with mortgages, according to estimates.  That same uncertainty extends to TPS beneficiaries’ families, which include 192,000 U.S. citizen children. The Salvadoran government’s statement dodges the key issues of whether it can accommodate the influx of returnees and the loss of a significant portion of the roughly $4.5 billion (equivalent to 17 percent of El Salvador’s GDP) they send home each year.  There is no evidence that it can provide even basic protection for the returnees.  The Foreign Ministry’s unctuous thanks for Washington’s “extension” of TPS until the Salvadorans lose their status in 18 months suggests a mysterious confidence that the U.S. Congress will carve out exceptions for its compatriots in the United States.  However desirable that scenario might be, there’s precious little evidence that the U.S. legislature’s current leaders, who have shown support for most of Trump’s anti-migrant agenda, will help avoid the train wreck that Trump has now set in motion.

Click here for an in-depth review published by CLALS, The Washington College of Law, and ICEFI on the rationale behind TPS since 2001 and continuing need for protection.

January 10, 2018

Deciding Asylum: Challenges Remain As Claims Soar

By Dennis Stinchcomb and Eric Hershberg

asylum-blog-graph

Graphic credit: Nadwa Mossaad / Figure 3, “Refugees and Asylees 2015” / Annual Flow Report, November 2016 / Office of Immigration Statistics, Department of Homeland Security

The exodus of children and women from the three countries of Central America’s Northern Triangle – El Salvador, Honduras, and Guatemala – is accelerating, but information gaps and institutional flaws are obstructing asylees’ access to legal protections and hindering equitable decision-making on their claims in the United States.  The United Nations has recorded a nearly five-fold increase in Northern Triangle citizens seeking asylum in the United States since 2008, a trend driven largely but not exclusively by a spike in child applicants.

  • Legal scholars agree that high-quality, verifiable data on forms of persecution experienced by migrants in their home countries better equip attorneys to establish legitimate asylum claims and inform the life-transforming decisions by U.S. immigration judges and asylum officers.  Accumulating evidence also indicates that deeper systemic challenges to transparent, unbiased processing and adjudication of asylum claims remain, with grave consequences for the wellbeing of Central American migrants with just claims for protection under international and U.S. law.

In a December hearing before the Inter-American Commission for Human Rights (IACHR), advocates presented immigration court data from U.S. jurisdictions dubbed “asylum-free zones” – large swaths of the map where low asylum approval rates prevail.  In Atlanta, Georgia, for example, U.S. government data show that 98 percent of asylum claims were denied in Fiscal Year 2015; in Charlotte, North Carolina, 87 percent were rejected – far above the national average of 48 percent.  The month before, the highly respected U.S. Government Accountability Office (GAO) issued a scathing report, citing variations in application outcomes across immigration courts and judges.  (See full report for details.)  Attorneys and advocates refer to this phenomenon as “refugee roulette,” an arbitrary adjudication process further complicated by the fact that many asylees’ fate is determined by Customs and Border Protection (CBP) officers who function as gatekeepers to the asylum system.  Border Patrol is an increasingly militarized cadre of frontline security officers whose members took the remarkable and unprecedented decision to publicly endorse the presidential candidacy of Donald Trump.

Accurate information on the conditions asylees face in their native countries is fundamental to getting fair treatment in the United States.  The barriers to due process and disparities in asylum outcomes have long been sources of concern, and the systemic flaws – and politicization of CBP processes – raise troubling questions about screener objectivity and the degree to which prevailing U.S. screening procedures conform to international norms.  That asylum claims made by many Central Americans are first considered by officers of institutions whose primary responsibility is to deport undocumented persons, rather than to protect refugees, signals a glaring misallocation of responsibilities.  The U.S. failure to accurately and efficiently adjudicate claims at all levels of the discretionary chain – from frontline officers to immigration judges – also undermines efforts to promote fair treatment of intending migrants elsewhere in the hemisphere.  Mexico’s overburdened refugee agency COMAR, for example, continues to struggle to provide requisite protections, even while reporting a 9 percent increase in applications each month since the beginning of 2015.  Meanwhile, the UN reports steady increases in applications in Belize, Nicaragua, Costa Rica, and Panama.  Citizens of the Northern Triangle states who have legitimate grounds for seeking protection as refugees stand the most to lose, but the consequences of institutional failure in the U.S. and neighboring countries’ asylum systems reverberate beyond individuals and families.  With virtually no government programs to reintegrate deported migrants, growing numbers of displaced refugees returned to Northern Triangle countries ill-equipped to receive and protect them will further complicate efforts to address root causes of migration throughout the region.

January 19, 2017

A workshop on Country Conditions in Central America & Asylum Decision-Making, hosted by CLALS and the Washington College of Law, with support from the National Science Foundation, examined how social science research on conditions in El Salvador, Guatemala, and Honduras can assist in bridging the gap between complex forms of persecution in the region and the strict requirements of refugee law.

This material is based upon work supported by the National Science Foundation under Grant No. 1642539. Any opinions, findings, and conclusions or recommendations expressed in this material are those of the authors and do not necessarily reflect the views of the National Science Foundation.

Latin America: Wait-and-See Reaction to Trump – For Now

By Catie Prechtel and Carlos Díaz Barriga*

trump-effigy

An effigy of Donald Trump in Mexico City. / Sequence News Media / Daniel Becerril / Wikimedia / Creative Commons

Most Latin American leaders publicly reacted with caution to Republican presidential candidate Donald Trump’s victory in last week’s U.S. elections, but reactions will sharpen quickly if Trump tries to make his campaign rhetoric about the region and Latino immigrants into policy.  Mexico and Central America showed clear anxiety over the implications for their economies and regional migration pressures.  Some South American presidents expressed mild enthusiasm and voiced hope for a positive relationship with the new administration, although Trump’s avowed opposition to the Trans-Pacific Partnership trade accord – under discussion at the APEC summit in Lima this week – has fueled concerns about the future of free trade.  Fear that the new U.S. President, who takes office on January 20, will deport millions of undocumented migrants from Mexico and Central America and force U.S. firms to shut factories in those countries has seized the media there.

  • Mexican newspapers headlines screamed “Be afraid!” and warned of a “Global shakedown.” Reports recited the many promises Trump had made against Mexico, including his proposal to build a border wall (and make Mexico pay for it); revising NAFTA and raising taxes on Mexican imports, putting conditions on remittances, and charging more for visas. The peso suffered three consecutive days of losses before recovering slightly following interviews by Trump and his team suggesting a softer stand on the wall and free trade.  President Peña Nieto phoned Trump with congratulations and agreed to meet soon to discuss bilateral issues, including presumably the wall.
  • Guatemala’s Prensa Libre reported businessmen are worried Trump’s rejection of free trade could have a direct impact on the economy and described the possible mass deportations as a “social bomb” for the country. In Nicaragua, newspapers speculated that Trump’s victory will give a boost to U.S. legislation, the Nicaragua Investment Conditionality Act (NICA), which calls for economic sanctions if President Daniel Ortega doesn’t take “effective steps” to hold free and fair elections.  In El Salvador, the main concern is the deep economic stresses of mass deportations of Salvadorans in the United States.  Honduras shares those concerns but apparently was more wrapped up in President Juan Orlando Hernández’s announcement confirming his intention to make a controversial bid for reelection.
  • Venezuelan President Nicolas Maduro, often given to bombastic rhetoric, has focused on working with Washington in the closing months of the Obama Administration. In a phone conversation with Secretary of State John Kerry, he stressed the need to establish an agenda with the next administration that favors bilateral relationships, but he specifically called on Obama to “leave office with a message of peace for Venezuela” and rescind a determination that Venezuela is a “threat to the United States.” Obama himself last April said the designation was exaggerated.
  • Media in Colombia speculated that Trump will be less committed to aid and support for finalizing and implementing a peace accord with the FARC. Argentina, Brazil, and Chile offered calm reactions to the news.  For Buenos Aires and Santiago, the biggest concern was potentially strained commercial relationships and free trade agreements with the United States, according to press reports.  Brazil offered little reaction to the news, but Trump’s win brought four consecutive days of losses for the real – weakening 7.6 percent since the election.

The political leaders’ cautious reactions conceal a broad and deep rejection for President-elect Trump’s values and intentions as he stated them during the campaign.  Former Mexican President Vicente Fox once again tweeted his disapproval for Trump, while José Mujica, former President of Uruguay, expressed dismay on Twitter, summing up the situation in one word: “Help!”  Press reports and anecdotal information indicate, moreover, that large segments of Latin American society have shown a widespread distaste for Trump’s win.  Their general wait-and-see attitude will end when and if Trump proves himself the unpredictable and reactionary he seemed on the campaign trail.  Latin American leaders have a lot of work ahead as they navigate a new relationship with the United States.

November 15, 2016

* Catie Prechtel and Carlos Díaz Barriga are CLALS Graduate Assistants.

El Salvador: Dealing with the New Reality of Violence

By Eric Hershberg

morazan-el-salvador

A farm in Morazán, El Salvador, a department that has maintained some sense of normalcy through its strong social organizations. / Cacaopera de Cerca / Flickr / Creative Commons

A surge in violence in El Salvador over the past five-plus years demands a more comprehensive and inclusive strategy than the ongoing Plan El Salvador Seguro.  A rigorous and highly readable study released last month by the Instituto Centroamericano de Investigaciones para el Desarrollo y el Cambio Social (INCIDE) employs quantitative and qualitative data to demonstrate that the pattern of violence in El Salvador has worsened.  Murders increased 66 percent in the 2010-2015 period; the murder rate of 102.9 per 100,000 inhabitants in 2015 made it the most violent year in decades.  Multiple-victim murders increased 126 percent in the same period, and murders of women skyrocketed 750 percent – from 40 in 2012 to 340 in 2015.  Gang-on-gang violence has produced a 72 percent increase in deaths, while armed confrontations between gangs and state personnel are growing more frequent.  Kidnappings and disappearance have surged.  For the first time since the end of the civil war in 1992, El Salvador has experienced forced displacements, both within the country and to other countries, most notably an unprecedented flow of rural Salvadorans into Nicaragua.

The 2012-2013 truce among the gangs and the government of then-President Mauricio Funes reduced violence somewhat, but INCIDE notes that it also allowed gangs to consolidate their control over territory while government planners failed to address the deeper causes of the violence.  While documenting that Salvador Seguro has had some positive results and won support, the study posits that the current strategy of frontal attack on gangs has also eroded the social and community fabric that represents an essential intangible asset for durable success in reducing violence.  Many communities live in fear of violence from all sides.  The INCIDE report emphasizes that the causes of spiraling violence are complex, deeply rooted, and require integrated responses tailored to specific conditions in different territories.  What is needed, says INCIDE, would be a strategy that:

  • Shuns one-size-fits-all national solutions. The government has failed for years to understand that the drivers of violence and stability are different across territories throughout the country.  INCIDE advocates the creation of a “territorial map” detailing each community’s security situation, the resources it can bring to bear against violence, and what it needs from national-level programs in order to strengthen local communities.
  • Empowers those local communities. A comparison between two locales – in Morazán and Jiquilisco – revealed that the former, which has fewer police and army personnel than the latter, has been able to maintain a more normal way of life because it has strong social organizations and a social commitment to preventing violence through informal vigilance, youth programs, and cooperation with authorities.  Jiquilisco lacks these assets and lives essentially in lock-down mode.

More research and better-targeted territorial strategies are certainly essential, but even INCIDE’s Director, Alexander Segovia (who was a senior aide to President Funes and principal author of the INCIDE study), wouldn’t say they will guarantee success.  In an extensive interview with the on-line magazine Revista Factum, he blamed the failure to stem the violence on the “negligence of the economic, political, and intellectual elites” of the country.  He asserted that El Salvador must “change perspectives – to examine how it’s been dealing with the topic of violence and insecurity, from the design of public policies to the participation of the different actors who make up society.”  Prevailing approaches emphasizing sectoral solutions – strengthening agriculture, industry or tourism in affected areas – have been too piecemeal to bring results.  INCIDE’s research underscores the need for a more inclusive, comprehensive approach tailored to specific local conditions.  Mobilizing and fostering cohesion in communities victimized by the violence may be a lot more difficult, but it is also potentially the most successful means to a solution.

Click here for the full text of INCIDE’s report and here for Director Alexander Segovia’s interview with Revista Factum.

September 26, 2016

Latin America Sees Little That’s “Great” about U.S. Caudillo

By Aaron T. Bell*

Trump Latin America

Photo Credit: Maialisa/Pixabay/Public Domain (modified) and NASA/Wikimedia Commons/Public Domain

Donald Trump’s presumptive nomination as the Republican Party’s candidate for president is raising fears among Latin Americans that the United States could close the door on them, while also provoking self-reflection about the region’s own potential to produce a Donald of its own.  Mexico has borne the brunt of Mr. Trump’s hostility for “beating us economically” and “sending people that have a lot of problems.”  He has proposed imposing steep tariffs on Mexico, restricting its access to visas, and forcing it to pay for a border wall.  Gustavo Madero, former president of the Partido Acción Nacional, denounced him as a “venom-spitting psychopath,” while members of Mexico’s Partido de la Revolución Democrática organized a social media campaign – #MXcontraTrump – to rebut Mr. Trump’s attacks.  Mexican President Peña Nieto has pledged to stay out of U.S. electoral politics and work with whomever is elected, but he rejected any notion that Mexico would pay for a wall and compared Mr. Trump’s rhetoric to Adolf Hitler and Benito Mussolini’s.  In addition to initiating a public relations campaign to promote the positive effects of U.S.-Mexican relations, Peña Nieto replaced his ambassador to the United States, who was criticized for soft-pedaling Mr. Trump’s comments, with Carlos Sada, an experienced diplomat with a reputation for toughness.

Other nations have joined in the criticism while looking inward as well:

  • Latin American critics have compared Trump’s populism to that of Venezuelan Presidents Hugo Chávez and Nicolás Maduro, and former Argentine President Cristina Fernández de Kirchner. In Colombia, a member of the Partido Verde described former President Álvaro Uribe’s call for civil resistance to peace negotiations with the FARC as a “Donald Trump-like proposal.”  In Lucia, Prime Minister Kenny Anthony accused opposition leader Allen Chastenet of “fast becoming the Donald Trump of St. Lucian politics” for resorting to the “politics of hate and divisiveness.”
  • While worrying what might happen if immigrants to the United States are forced to return home, the editorial page of Guatemala’s La Hora has raised the issue of the long-term wisdom of relying on remittances. Meanwhile Argentina’s Nueva Sociedad used attention to Trump’s immigrant comments to analyze restrictive immigration policies within Latin America.
  • Some political observers see Mr. Trump’s rise as a warning of the danger of divisive politics. In Colombia’s El Tiempo, Carlos Caballero Argáez wrote that polarization and anti-government discourse in Washington paved the way for a “strong man” like Trump, and cautioned that something similar could happen in Colombia.  In El Salvador, Carlos G. Romero in La Prensa Gráfica attributed Trump’s success to his ability to connect with the working class, and warned that his country’s own parties risk facing a Trump lest they make similar connections.

Much of Latin America’s take on Trump mirrors that of opponents in the United States: they recognize that his support reflects the frustration of those who feel cut out from the benefits of globalization and ignored by political elites of all stripes; they reject his anti-immigrant and misogynistic comments; and they fear that someone with seemingly little depth on global politics may soon be the face of a global superpower.  While the region hasn’t exactly surged in its appreciation for President Obama’s leadership over the past seven years, Trump’s popularity reminds them that many Americans have less appealing values and principles, which could result in policies harmful to the region.  Latin Americans know of what they speak.  One need not look too far into the past to see the catastrophic effects of simplistic, nationalistic, strong-man policies on the people of Latin America.

 June 21, 2016

* Aaron Bell is an adjunct professor in History and American Studies at American University.

Correction 2016.06.22: Gustavo Madero is the former president of Mexico’s PAN, currently headed by Ricardo Anaya.