Building Walls, Closing the Border: Not the Answer

By Ernesto Castañeda with Maura Fennelly*

U.S. Border Patrol stands watch during border fence reinforcement / U.S. Customs and Border Protection / https://www.flickr.com/photos/cbpphotos/44997385775/in/photostream/

U.S. Border Patrol stands watch during border fence reinforcement / U.S. Customs and Border Protection / https://www.flickr.com/photos/cbpphotos/44997385775/in/photostream/

Trump is widely thought to have originated the call for a wall to keep out migrants, but animosity toward Latin Americans has deep roots in U.S. history and political discourse – and the tough task of reversing it is long overdue. Presidents Bill Clinton and George W. Bush criminalized migration and secured funds to build fences and militarize the border. President Obama also oversaw the deportation of over 2 million migrants, some of whom ended up in camps on military bases.

Immigration remains one of the most debated issues, and immigration policies have a profound impact on families and communities with foreign-born members. Many long-time residents and some politicians see immigration as a cultural threat and are opposed to it. In Building Walls: Excluding Latin People in the United States, we trace the building of symbolic and physical walls between white Americans and Latin people. Boundary formation occurs at three levels:

  • Categorical thinking. The modern nation-state rests on the assumption that exclusion is necessary to protect the welfare of citizens. Migrants can be viewed as a threat to the autonomy of the nation. Immigrants can be “naturalized” and offered full citizen rights, but this assumes that they must change to fit in. One of the main narratives driving strict border surveillance is that migrants will negatively affect the economy, despite research continuing to show that long-term employment rates of American citizens’ are not harmed by immigration. Low-skilled wages are barely affected by immigrants entering the American workforce.
  • Anti-immigrant speech. Minority populations, including immigrants, have been subject to an increase in hate crimes since the 2016 election. White Nationalist groups use social media and the public sphere to disseminate anti-immigrant views. Members of a splinter militia group – the Minutemen American Defense – killed nine-year-old Brisenia Flores and her father in 2009 (and were convicted in 2011). The Minutemen, while declining in membership, have inspired the creation of smaller border patrol groups.
  • Immigration as an experience. Despite some political leaders’ claims of insecurity at the border, U.S. cities right next to Mexico are safe. Research shows that most border-area residents enjoy being next to Mexico. Across the nation, moreover, a vast majority – about 75 percent – believe that immigration is good for the United States. Nonetheless, Latin American migrants still struggle to find a home and a sense of belonging. In interviews, we find that many experience “social invisibility” – a feeling of existing in significant numbers while being unrecognized as full members. Interviews with undocumented migrants we conducted in El Paso reveal that over 75 percent reported that employers, landlords, and neighbors threatened to use their undocumented status against them. These experiences affect migrants’ well-being and mental health.

While the United States maintains durable inequalities between white Americans, Latin people, and other marginalized groups, the historical and social forces shaping our immigration narrative can be changed so that we empathize with, and no longer demonize, people who are looking for a home. Trump’s efforts to expand existing walls and build new ones are central to his strategy. He led the longest government shutdown in U.S. history and declared a national emergency because Congress would not fund it as he wished. However, his threats to close the border, impose tariffs, and other drastic actions show ignorance of the major impact these actions would have on the United States’ access to inexpensive agricultural, industrial, and technological products from Mexico. A border closure would not be sustainable beyond a few days. While polls show that 41 percent of people in the United States support the construction of Trump’s border wall, a majority of Americans know that more walls would not work.

  • The United States does not need a border wall with Mexico. The misleading and inaccurate claims made by politicians about Latin immigrants only further divide the nation – and obscure the positive contribution of Latin Americans, their experiences, identities, and cultures.

July 2, 2019

Ernesto Castañeda teaches sociology at American University and is the author of Building Walls: Excluding Latin People in the United States. Maura Fennelly is a graduate from American University and works with a housing assistance organization in Chicago.

Mexico: Has AMLO Compromised on Human Dignity?

By Alexandra Délano*

Mexican Foreign Secretary Marcelo Ebrard speaks during a meeting in 2018, during which U.S. Secretary Mike Pompeo was present

Mexican Foreign Secretary- designate Marcelo Ebrard participates in a bilateral meeting with U.S. Secretary of State Michael R. Pompeo in Mexico City on October 19, 2018. State Department photo/ Wikimedia Commons

Mexico has always negotiated with the United States from a position of weakness – it depends on its northern neighbor economically and politically more than the other way around – but the recent negotiations, compromising its commitment to human dignity in exchange for avoiding tariffs, may be among the worst outcomes. Tariffs on Mexican products would surely be costly for Washington, as business leaders and Republican legislators have stated recently, but the much greater economic threat is to Mexico. As a result, Mexico has consistently sought to keep the issue of migration separate from trade and other priorities – a delinking that both countries have accepted for the sake of advancing economic integration.

  • Trump has destabilized that tacit agreement by asserting that maintaining the status quo in commercial relations will depend on new steps by Mexico to support expansion of barriers on its northern border, to better control its southern border, and to stop the flow of migrants from Central America. In addition to imposing the tariffs, Trump threatened to abandon the newly negotiated North American Trade Agreement (“USMCA”) and even to close the U.S.-Mexico border.
  • President Andrés Manuel López Obrador (AMLO) has opted for a strategy of minimizing confrontation with Trump. This has implied concessions such as accepting the return of persons awaiting asylum hearings in U.S. courts. Even though this policy, called the Migrant Protection Protocols (or Quédate en México), is not in an official agreement, and even though it does not go to the extreme of establishing Mexico as a “safe third country” – which would obligate migrants to claim asylum in Mexico instead of having the option of continuing their journey to the United States – it is an attempt to appease Trump and maintain the fragile balance in the relationship.
  • AMLO has taken other steps to placate Trump. For example, Mexico and the UN’s Economic Commission for Latin America and the Caribbean (ECLAC or CEPAL) recently announced a development plan for Central America that, although limited in scope and without apparent funding, is an important step towards addressing root causes of migration in the region.

AMLO’s government negotiated to increase its control of the southern border and to continue to host asylum-seekers awaiting a court hearing in the United States. It did so in the absence of an integrated migration strategy, and without a commitment to invest resources, at a time when the budget of the Mexican Commission for Refugee Assistance (COMAR) was just cut 20 percent. The Instituto Nacional de Migración (INM) is also ill-positioned to assume a greater role without addressing its need for the resources and measures necessary to root out corruption and reduce its over-reliance on detention and deportation. Officials from these organizations were not even included in the negotiations – further reflecting the lack of vision and interagency coordination on the migration challenges. Not surprisingly, the INM Commissioner resigned days after the agreement was announced.

  • Mexico’s policies also appear to neglect the need to strengthen multilateral mechanisms to compensate for its weakness in the face of U.S. pressure. Mexico has traditionally been one of the most active promoters of multilateral agreements on cooperation on migration issues, including the Global Compact on Migration approved last year, but it appears unable to build on these accomplishments to either counterbalance Trump’s pressures or guide an internal policy on what to do. It has also failed to build support among G20 allies, including Canada – its second most important trading partner and a player in the extractive activities implicated in driving emigration and internal displacement in Central America and Mexico.

Mexico’s migration policy at this point is very far from the ideals laid out by López Obrador. His primary concern has been to pursue the impossible goal of containing Trump without harming other interests. Above nationalist posturing – claims that Mexico will never negotiate away its dignity – is the need to protect the dignity of persons. A migration policy that prioritizes migration control and that is based on the mood swings of the United States’ government does not meet this basic criterion. It leaves Mexico in the same weak, isolated position from which it cannot negotiate agreements on labor mobility, humanitarian protection, and economic development. Mexico seems to have made a strategic error in response to Trump’s most recent tantrum – one likely to reoccur under even more challenging conditions as the 2020 election nears.

June 25, 2019

* Alexandra Délano is chair of the Global Studies Department at the New School in New York City. This article is adapted from her essay in El País on June 5, Lo que está en juego en las negociaciones con Estados Unidos: la dignidad humana.

U.S.-Central America-Mexico: Migrant Caravan Shaking up Relations

By Fulton Armstrong

Honduran migrants meet with Mexican police in Chiapas

Honduran migrants meet with Mexican police in Chiapas. / Pedro Pardo / AFP Photo / Creative Commons

The underlying drivers of Central American migration remain the same as always – the lack of economic opportunity and strong institutions to protect citizens from violence and other threats – but the Trump administration’s accusations and threats in reaction to the caravan of migrants heading toward the United States is moving relations into uncharted territory, just two weeks after the parties congratulated themselves for progress made at a summit in Washington.

  • Honduran, Guatemalan, and now Mexican authorities have been unable to stop the peaceful caravan of 5,000-7,000 people without violating their rights and causing ugly incidents with high political costs at home. After shows of force, Guatemalan and Mexican border guards allowed them to pass, and local businesses and churches have spontaneously provided food, water, and shelter in each town.  Mexico originally said it would allow only those with current passports and identification to apply for refugee status, but, citing obligations under international agreements and national law, relented.  The migrants are now in Chiapas.

At a meeting with U.S. Vice President Pence and Secretary of State Pompeo on October 11, leaders from Central America’s three “Northern Triangle” countries – Honduran President Hernández, Guatemalan President Morales, and Salvadoran Vice President Ortiz – and Mexican Foreign Minister Videgaray trumpeted the progress that they had made in slowing the flow of migrants from the region to the United States since launching the Alianza para la Prosperidad in 2014.  CLALS research, other studies, and many press reports show, however, that the underlying drivers of migration remain essentially unchanged.

  • The Alianza may eventually foment economic growth and jobs, but multidimensional poverty and high underemployment continue to drive many to flee their homeland. An analysis by the Instituto Centroamericano de Estudios Fiscales (ICEFI) shows that about 6.2 million children, adolescents, and young adults in the Northern Triangle lack access to an educational system.  Homicide rates have declined, but the region remains one of the most violent in the world.  UN estimates show a steady increase in the number of gang members in all three countries, up to 20,000 each in El Salvador and Guatemala.  The gangs often fill voids left by government institutions that are underfunded and, often, weakened by corrupt officials’ embezzlement.  While violence has long been a driver of migration from urban areas, it is now causing new patterns of migration from rural areas as well.  Domestic violence and abuse, which UN data indicate affects up to 40 percent of girls and 16 percent of boys, is another problem some parents want children to escape.
  • President Trump has not acknowledged these drivers, and instead has portrayed the migrants in the caravan as an “onslaught” of criminals. (He also claimed that “unknown Middle Easterners” are among them but later admitted “there’s no proof of anything.”)  He apparently calculates that stirring up fear helps his allies in the U.S. Congress as midterm elections approach, as well as his campaign for a new wall on the U.S.-Mexico border.  He has threatened the Northern Triangle governments and Mexico for not stopping the migrants, tweeting Monday that he will “now begin cutting off, or substantially reducing, the massive foreign aid routinely given to [them]” because “they did nothing for us. Nothing.”  Mexican officials, relieved that the confrontation over the NAFTA renegotiation was resolved, now fear another major disruption in bilateral relations.

The migrant caravan is testing the administration’s relations with its closest allies in Central America.  Trump’s jettisoning of the nice talk from Pence’s recent summit will not in itself harm ties; the Central Americans and Mexicans are aware of his impulsive streak and may calculate that they can weather the windstorm.  His accusations and threats to suspend aid, however, reveal a fundamental misunderstanding of the underlying drivers of the migration, and he seems unaware that his partners have been unwilling to undertake the political and economic reforms needed to address those drivers except in minor ways that U.S. aid enables.  Trump apparently thinks his partners should use force – even the military if needed (as he’s threatened on the U.S. border) – to stop the flight of humans from the miserable conditions in which they live.  He also apparently judges that the more migrants are made to suffer, such as through the separation of family members who manage to cross the border, the less likely they are to try.  The caravan’s provocations and Trump’s reactions could blow up the game that has allowed both sides to pretend the problem will go away with token programs, intimidation, and a wall.

October 24, 2018

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. Immigration Policy: New Obstacles to Asylum

By Jayesh Rathod*

U.S. Attorney General Jeff Sessions

U.S. Attorney General Jeff Sessions. / Glenn Fawcett / U.S. Customs and Border Patrol / Flickr / Creative Commons

The Trump administration’s decision to reverse established U.S. policy to grant asylum to certain victims of domestic violence increases the importance of – and challenges to – experts called on to demonstrate the credible threat applicants face if denied asylum and deported.  U.S. Attorney General Jeff Sessions on June 11 issued the opinion, which rescinded precedent that had paved the way for survivors of such violence to receive asylum.  More generally, the case – known as Matter of A-B- – creates additional legal roadblocks for asylum applicants who fear harm at the hands of private (non-state) actors, such as gangs and intimate partners.

  • Federal regulations permit the Attorney General to refer immigration cases to himself for decision, in order to revisit a decision of the Board of Immigration Appeals (BIA) and issue a new opinion that creates binding nationwide precedent. Sessions has made frequent use of this special procedure, certifying four cases to himself since the beginning of the year.  Each of these cases is poised to limit the rights and protections afforded to asylum seekers and others facing removal proceedings.  For example, Sessions vacated the BIA’s decision in Matter of E-F-H-L-, which had held that asylum applicants are entitled to a full merits hearing, including the opportunity to present oral testimony. The vacatur opens the door to summary denials by Immigration Judges.

In Matter of A-B-, Sessions explicitly overruled the BIA’s 2014 decision in Matter of A-R-C-G-, which provided a legal road map for asylum-seekers fleeing domestic and gang violence.  Under applicable case law, an applicant – such as a domestic violence survivor or target of gang violence – who fears persecution by a private actor may qualify for asylum, provided they can prove that their home country government is “unable or unwilling” to control the private actor.

  • Courts had previously expressed distinct views on how to interpret this standard, yet most embraced a plain-language reading of “unable or unwilling.” In Matter of A-B-, however, Sessions – in language that many legal scholars judge to be meandering and slightly inconsistent – suggests applicants must meet a higher standard and show “that the government condoned the private actions,” that those actions “can be attributed to the government,” or that the government “demonstrated a complete helplessness to protect the victims.”  Sessions opines that “[n]o country provides its citizens with complete security from private criminal activity,” implying that deficiencies in law enforcement efforts will not necessarily translate into a successful asylum claim.

The unclear language in Matter of A-B- has left some wondering about the precise legal standard that is now in place.  What is certain, however, is that Matter of A-B- presents a smorgasbord of reasons for skeptical immigration judges to deny asylum claims from the Northern Triangle of Central America.  While a CLALS-hosted workshop underscored that country conditions evidence has always been critical to these cases, adjudicators will now pay even closer attention to country experts, and will demand more evidence regarding efforts by home country governments to control private violence, and of the relationship between those governments and private actors.

  • The new requirements stack the deck against asylum-seekers. The governments in the Northern Triangle of Central America – with Washington’s strong financial and political support – have long argued they’re making efforts to curb gang violence.  Before Matter of A-B-, the “unable or unwilling” standard allowed asylum claims to succeed while permitting these governments to save face under the theory that they were trying, albeit imperfectly, to control violent private actors.  By demanding even more unfavorable evidence regarding these home country governments, Matter of A-B- sets up a likely conflict between the legal standard for asylum and the preferred messaging of those governments and the Trump administration.  Facing an array of entrenched interests, it will be difficult for country experts to show that governments commit or condone the violence against asylum-seekers or that authorities are “completely helpless” to protect victims.

July 10, 2018

* Jayesh Rathod is a professor at the Washington College of Law and founding director of the school’s Immigrant Justice Clinic.

U.S.-Latin America: “Zero Tolerance” Makes Zero Progress

By Ernesto Castañeda *

Children and adults stand in a line

Central American migrant children and their parents. / Pride Immigration Law Firm PLLC / Wikimedia

U.S. President Donald Trump’s family separation policies, despite his June 20 executive action ending them, will have long-term negative consequences and will do nothing to stem the flow of migrants into the United States.

  • Hundreds of families remain separated. Families are detained indefinitely for applying for asylum or crossing into the United States.  Political outrage in the United States may be new, but these policies are not.  Millions of families have been separated across U.S. borders for many years.  After growing up without their parents, children who did not originally accompany migrating parents often attempt to reunify with them in the United States, resulting in the increase of unaccompanied minors that we have seen since 2014 and the surge in violence in Central America.
  • The Trump Administration’s policies fail to address the underlying causes of migration – violence, impunity, corruption, and poverty in sending countries and high U.S. demand for low-cost workers – which show no sign of abating. Many Mexicans and Central Americans are fleeing kidnappings, extortions, and death threats as they explain during credible-threat interviews that give them valid claims for asylum.  U.S.-backed militarized responses to drug trafficking have produced much of the violence and corruption in Mexico and Central America, generating asylum-seekers.  Beyond the traditional economic and social reasons, many recent immigrants are escaping violence, as they did during the Mexican Revolution and the political violence in Central America in the 1980s.

Family separation and the detention of unaccompanied minors in shelters are not new practices either.  What was new in recent months was the separation of families that come to the United States seeking asylum.

  • These forced separations cause the children lifelong trauma. The American Psychiatric Association recently stated that “the evidence is clear that this level of trauma also results in serious medical and health consequences for these children and their caregivers.”  Separation inflicts trauma on adults too; parents suffer from being away from their children due to their decision to migrate.

The logic behind “zero tolerance” is to discourage migration by making conditions as miserable as possible for intending migrants – building psychological walls as well as the physical wall that Trump has pledged to build along the border with Mexico.  By ignoring the underlying causes of these movements of people, this approach is not only cruel but unlikely to be successful.  The concern is also misplaced, despite the increasing visibility of refugees and asylum-seekers in the media, as border apprehensions show a steep downward trend.

  •  The U.S. Congress has so far rejected solutions to the issue of family separation, such as creating larger guest worker programs, strengthening asylum courts, passing the DREAM Act, and demilitarizing responses to drug trafficking. Until the underlying causes of migration are addressed, Washington will be squandering its money prosecuting and causing lasting trauma for innocent children and parents.  Contrary to Trump’s claim that immigrants hurt U.S. culture, my research shows that immigrants are skillful at integrating into American life.  New pathways for legal immigration are the only way ahead to reduce undocumented migration.

 July 3, 2018

 * Ernesto Castañeda is an Assistant Professor of Sociology at American University and author of A Place to Call Home: Immigrant Exclusion and Urban Belonging in New York, Paris, and Barcelona (Stanford, 2018).

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

Haiti: Yet More Challenges Ahead for President Moïse

By Emma Fawcett*

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A group of peacekeepers from the UN Stabilization Mission in Haiti (MINUSTAH) prepare for departure from the island. / UN Photo / Isaac Billy / Flickr / Creative Commons

Haiti’s new president, Jovenel Moïse, has helped the country overcome the long political crisis that preceded his election, but he faces losing two long-running forms of support from the international community.  MINUSTAH, the UN peacekeeping operation that has been in place for 13 years – successor to similar missions since 1994 – will depart this autumn, necessitating an expansion in Haiti’s domestic police force.  The U.S. Temporary Protected Status (TPS) program, providing temporary legal residency to some 58,000 Haitians in the United States since the 2010 earthquake, appears likely to end in January 2018.

  • MINUSTAH has long been the backbone of Haitian internal security, for which Haiti’s own forces lack competence and credibility. The UN’s demobilization began in May, when units from Chile, Uruguay, and Peru returned home.  Brazilian units remain in the country to oversee the return of equipment and disassembly of base facilities.  Operations will officially cease on October 15.  MINUSTAH is one of the United Nation’s longest running peacekeeping missions, and its loss will have a significant impact even though its operations have been plagued by tragic (and criminal) missteps.  It was responsible for bringing cholera to Haiti; the epidemic has since killed more than 10,000 people.  In addition, an Associated Press investigation revealed nearly 2,000 accounts of sexual abuse and exploitation by UN peacekeepers, including about 300 perpetrated against minors.  While the UN has a “zero tolerance” policy against sexual exploitation, it does not have the power to prosecute perpetrators – and holding troops accountable is the responsibility of their home governments.  Sri Lanka has declined to investigate more than 100 of its soldiers, who were sent home in 2007 after sexual abuse allegations.
  • The Haitian government requested an 18-month extension to the TPS program, but U.S. Secretary of Homeland Security John F. Kelly opted to extend by just six months. While Kelly said the program will be reevaluated before the current extension expires, his statement has effectively signaled the end of the program, noting that the short extension “should allow Haitian TPS recipients … time to attain travel documents and make other necessary arrangements for their ultimate departure from the United States” and give the Haitian government time to prepare for their repatriation.  The Haitian government has argued that it is ill equipped to manage an influx of returnees, and that the remittances provided by those in the TPS program are vital to Haiti’s continued recovery.

More than seven years after the deadly earthquake, Haiti’s recovery remains elusive, and the departure of MINUSTAH and potential end of the TPS program portend a rocky road ahead for a new government that is just barely getting some traction.  The end of both forms of support for Haiti represent donor fatigue – not Haitian achievement of benchmarks of progress.  Port-au-Prince couldn’t reasonably expect the UN to continue providing it security support for another 20 years, but Moïse is about to bear the brunt of series of predecessors who failed to prepare the nation for the UN’s departure.  The support Haiti has received from the international community has always fallen short of promises; nearly $10 billion in pledges for post-earthquake assistance never materialized.  But donors also point out that Haiti has often failed to uphold its end of the bargain; the protracted election crisis caused many to withdraw budgetary support.  While both the UN peacekeeping mission and U.S. immigration policy have been at times poorly executed, their absence will be a major blow, if nothing else because changes on both fronts are proof that Haiti is no longer anyone’s priority.  Moïse’s administration has much to tackle – bolstering the national police force and preparing for the arrival of potentially tens of thousands of TPS returnees without adequate resources for either task – while he addresses 14 percent inflation and a bloated civil service.  Looking for homegrown solutions would be a huge challenge for any country, especially one struggling with as many fundamentals as Haiti.

May 31, 2017

* Emma Fawcett is an Adjunct Professorial Lecturer at American University and a monitoring and evaluation specialist with an international NGO.  Her doctoral thesis focused on the political economy of tourism and development in four Caribbean countries: Haiti, Dominican Republic, Cuba, and the Mexican Caribbean.

Mexico: Racing Against Trump’s Immigration Crackdown

By Carlos Díaz Barriga*

Border crossing Mex-US

Southwest border crossing. / U.S. Customs and Border Protection / Flickr / Creative Commons

U.S. President Donald Trump’s failure in his first 100 days to fulfill his most aggressive campaign promises affecting bilateral relations may have calmed nerves in Mexico, but the Peña Nieto Administration is moving ahead with efforts to mitigate the impact of thousands of returning immigrants.  Trump apparently has given up on making Mexico pay for his proposed border wall, and the U.S. Congress doesn’t want to foot the bill either.  He has also toned down his threats to pull out of NAFTA – “the worst trade deal ever” – and seems to be edging toward a more modest renegotiation.  But one pledge the Administration seems eager to meet is ramping up deportations of undocumented immigrants from Mexico.  Trump is not immediately deporting the millions of “bad hombres,” as he initially promised, but he is steadily deporting thousands, including many who do not have criminal records in the U.S.  There are even stories of Trump supporters shocked at the deportation of law-abiding and tax-paying business owners.  Moreover, while he assured Dreamers – youths brought to the United States as children – to “rest easy,” there are reports of U.S. immigration detaining some of these working and tax-paying youth.

The threat of mass deportations involving millions still looms large, and Trump’s unpredictability to settle on a course of action is increasing pressure on Mexican officials to act fast to mitigate the impact of the returning immigrants.

  • At its consulates in the United States, the government is actively helping those at risk of being deported, providing legal services to ensure due process in locales as far-ranging as Indianapolis and New Orleans. Foreign Minister Luis Videgaray continues to confidently declare that Mexico will fight for immigrants and stand up to U.S. immigration authorities.  (He has also cast it as a human rights issue, spurring accusations of hypocrisy from critics concerned about Mexico’s treatment of Central American migrants.)
  • President Peña Nieto has enacted a reform to the General Law of Public Education facilitating Dreamers’ entry into Mexico’s education system, accrediting their U.S. education and helping those without proper Mexican documentation. Critics have called his public appearance with deportees opportunistic, a ploy to get much-needed positive media coverage, but the measures like those in education have real benefit for returnees.
  • Specific industries in Mexico are looking for specialized workers in the returning immigrants. The Mexican Association of Armored Vehicles (AMBA) estimated the availability of 50,000 thousand jobs for deportees in the areas of private security, armored car manufacturing, and transportation of valuables.  As violent crimes have risen again in Mexico, this industry is in need of workers.  Call centers are also actively recruiting.  Their only requisite is fluency in English; no other experience is necessary.

Many Mexicans’ perception of Trump as unpredictable and erratic tempers any optimism about bilateral relations even though Foreign Minister Videgaray seems to have established a viable dialogue with Trump’s son-in-law, Jared Kushner.  The return of the deported immigrants is an area in which the government is being given a second opportunity to show compassion for citizens.  The migrants left Mexico for concrete reasons, however, and some are questioning whether Peña Nieto’s administration will be able to address them.  Providing legal assistance to those at risk of deportation and facilitating education for Dreamers are important gestures, but they do not offer a viable long-term strategy.  The bigger picture is still suddenly having millions of Mexicans back in the country with no job prospects.  Trump’s delays on the border wall and mass deportations give the Mexican government time to come up with effective solutions, but such a massive disruption, especially coupled with the uncertainty over the future of NAFTA and the Mexican economy, is probably too much for any government to handle.

May 12, 2017

* Carlos Díaz Barriga is a CLALS Graduate Fellow.

U.S. Immigration Policy Propels an Invigorated Sanctuary Movement

By Alexandra Délano Alonso*

SANCTUARY_SYMBOL+SSS_BLACK

A new logo for the sanctuary movement. / Public Domain

The Trump administration’s expansion of an already enlarged deportation apparatus and its attempt to establish a ban against immigrants from targeted countries has intensified the Sanctuary Movement and driven it to explore new ways of protecting undocumented migrants and other groups that are under attack.  The new policies have generated a wave of protests and institutional responses from activists, lawyers, and immigrant-serving organizations as well as in higher education across the country.  Just days after the November election, hundreds of thousands of students, faculty, and staff at over 190 schools, colleges, and universities supported petitions calling on their respective administrations to declare their campuses sanctuaries.  The campaigns want schools to commit to withhold information from immigration enforcement authorities and disallow the presence of those authorities on campus without a court order or warrant, as well as establish institutional support to ensure that students with precarious migration status have access to the resources they need.  At the same time, there are almost three hundred sanctuary cities, counties, and states, which are at the center of Trump’s promises to cut federal funding to any local or state government that adopts this stance of defiance.  Republican Members of Congress in January introduced a bill (HR 483) to cut funding to universities that declare sanctuary.

  • The Sanctuary Movement has historical roots. In the 1980s, 400 religious congregations around the United States helped refugees from Central American wars enter the country.  In addition to challenging discriminatory U.S. immigration practices, the movement condemned U.S. support for the governments prosecuting those wars.  Years of effort led to legislation granting Temporary Protected Status (TPS) to Central American refugees.
  • More recently, a New Sanctuary Movement emerged in 2007 in response to mass deportations of undocumented immigrants. It emphasized raising public awareness about the individual lives at stake and pressing for legislative reform.  Today’s resistance is an outgrowth of the George W.  Bush and Barack Obama Administrations’ raids, deporting almost 3 million individuals, and the massive immigrant detention system that they expanded.

Many cities, universities, and NGOs have backed away from the concept of sanctuary in response to Trump’s threats, arguing that the risk of losing federal funding or of putting themselves in the spotlight is too high, or that the sanctuary concept promises more than it can really offer.  As Lewis and Clark College Professor Elliot Young has written, “Sanctuary is an aspiration, a statement of values rather than a statement of fact.”  Indeed, one of the arguments against the proclamation of sanctuary by universities is the misunderstanding of the term:  The undocumented community and its defenders have varied interpretations of what it means in practice, whereas the legal limitations on what can be done in the face of a court order are very clear.  Yet, the ambiguity of the term leaves a space for creative interpretation and should be seen as an opportunity rather than a limitation.

  • Most universities, including my own, The New School, have issued a standard statement that they will not share information or cooperate with immigration authorities without a court order, but they have shied away from using the term sanctuary – even though the term is a significant form of resistance to unjust policies, a moral stance, and a message of solidarity to the larger university community.

Reviving the concept of sanctuary in this political context provides an opportunity to open a debate about the rights and protections that marginalized groups need, and how universities and other institutions that have joined the sanctuary movement in the last months (restaurants, art spaces, among others) can support and extend it.  The time we are living in requires us to reexamine existing frameworks and concepts and mobilize them in effective ways when the principles and values we stand for are under attack.  Declarations of sanctuary campus send a clear message of support to vulnerable individuals within the community.  They also nurture transnational networks of solidarity – not just through churches, shelters, and civil society groups – but also including universities in Mexico, Central America, and other countries, to help individuals returning to their origin countries (deported or voluntarily) live better lives, including overcoming significant barriers to continuing their education. Migrants’ need and right to protection and education does not end when they cross the border, and universities’ ability to help them begins by taking a stance and making our campuses accessible, safe and open; in other words, making them sanctuary.

April 18, 2017

* Alexandra Délano Alonso is an Assistant Professor of Global Studies at The New School.  She is the author of Mexico and Its Diaspora in the United States: Policies of Emigration since 1848 (Cambridge University Press, 2011) and co-editor of Borders and the Politics of Mourning (Social Research, 2016) with Benjamin Nienass. She is also a participant in the Robert A. Pastor North America Research Initiative.