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*

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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*

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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.

U.S. Immigration Policy: Not Just Getting Rid of “Bad Hombres”

By Eric Hershberg, Dennis Stinchcomb, and Fulton Armstrong

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An agent from U.S. Immigration and Customs Enforcement (ICE)./ Department of Homeland Security / Wikimedia / Creative Commons

The immigrant deportation policy that the Trump Administration announced last week is among the most aggressive in U.S. history and promises to create tensions between Washington and Latin America and disrupt communities across the United States.  Homeland Security (DHS) Secretary John Kelly has told agencies under his aegis to “use all authorities to the greatest extent practicable” to remove undocumented immigrants from the country.  President Trump called his new initiative a “military operation” – which an embarrassed Kelly denied during meetings in Mexico City intended to control damage from other Trump statements.  The White House said the measures will “take the shackles off” the enforcers, and U.S. media reported enforcement officers’ celebratory comments that they “can finally do their job.”  The Administration will also ask Congress to authorize a large expansion – another 15,000 – of enforcement positions.

  • The rationale repeatedly refers to deporting “criminals” – whom Trump calls “bad hombres” and “bad dudes” – but the new policy will exempt no classes or categories of “removal aliens,” including non-criminals. U.S. press already report roundups of individuals with no criminal records who are being expelled from the country within 72 hours.  Fear among immigrants is pervasive, and there are many reports (such as here and here) of families hunkering down in their homes, withdrawing children from school, and setting up contingency plans for protecting U.S. citizen kids should their undocumented parents be grabbed by the authorities and sent abroad.
  • The policy weakens protections from “expedited removal” that the Obama Administration put in place, which allowed immigrants caught after they had been in the country for 14 days or more to be released pending proceedings to determine their eligibility to remain in the United States. (Details remain murky but supposedly will be announced soon.)  Individuals facing expedited removal are not entitled to appear before a judge.
  • It increases efforts to press local police to help federal agencies find and deport undocumented immigrants, blurring the line between local and federal forces. Legal experts say this commingling of forces violates the Constitution, and many local police chiefs lament that it reduces the willingness of immigrant communities to help them fight crime.
  • It removes privacy protections for people who are not U.S. citizens or permanent residents, putting their personal information in the hands of vigilantes, blackmailers, and others who have no need to know it. Trump previously threatened to withhold federal assistance from “sanctuary cities” in the United States, which he accuses of causing “immeasurable harm to the American people and to the very fabric of our republic” because they are reluctant to implement his deportation policies.

Two new measures suggest a long political campaign against undocumented immigrants.  DHS will create an office – with the acronym VOICE – to collect information from victims of alleged crimes.  It will be funded with “any and all resources that are currently used to advocate on behalf of illegal aliens” (most of whom have never committed a crime).  The Administration will also “identify and quantify all sources of direct and indirect” assistance to Mexico, obviously to evaluate U.S. leverage against the Mexican Government if the Administration is not pleased with compliance with Washington’s wishes.

Deporting all 11 million undocumented immigrants estimated to be in the United States will be impossible, but the new measures will push unprecedented numbers of Mexicans and Central Americans back into societies that have no jobs and no security for them.  That burden and the loss of immigrants’ remittances will cause those countries incalculable harm.  The Administration’s rhetoric hammering on “criminal immigrants” is deceptive:  DHS admitted in 2014 that most of the “criminals” it deported were guilty only of their undocumented presence (31.3 percent) and traffic violations (15 percent), and it would be foolish to expect that the Trump government will be more judicious.  The insinuation that immigrants commit more crimes than do native-born citizens, moreover, has been debunked; they are incarcerated at a rate half that of native-born.  These polices may enjoy the support of Trump’s political base, but the attacks on the defenseless; subversion of traditional values such as the right to legal counsel and the right to privacy; coercion of local police and civilian authorities; and the deportation of countless friends and neighbors whose everyday contributions enrich community life in the United States will have a profound impact extending far beyond its immediate victims.

 February 27, 2017

Mexico: Changing the Narrative on Immigrants

By Carlos Díaz Barriga*

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Mexican President Enrique Peña Nieto welcomed deported citizens at Mexico City’s airport two weeks ago, a first for the president. / Gobierno de México / Creative Commons

President Donald Trump’s decision to put Mexican immigrants at the top of his enemies list has prompted Mexico to become more active – and more creative – in reaching out to compatriots in the United States to help them remain there or to cushion the shock of deportation.  Largely because unauthorized Mexican immigration had been in decline for many years, it rarely made front-page news in Mexico, but since Trump’s rhetoric during last year’s campaign and since winning the presidency there has been no topic more popular in Mexico.  The 5.8 million unauthorized Mexican immigrants living in the United States, according to Pew Research Center estimates, have their home country worried about the economic impact their deportation could cause.  As Washington’s threat to deport millions looms ever larger, the Mexican government and other institutions are preparing for such a scenario.  Their game plan includes both helping Mexicans fight deportation and easing their transition if deported.

  • Mexican consulates in the United States are actively offering legal advice to any migrant facing deportation. President Enrique Peña Nieto announced the country would send $50 million to hire lawyers and set up outreach programs.  The consulates also set up a 24-hour hotline for immediate help and are actively sharing infographics on social media indicating how undocumented immigrants should react if they are detained.
  • Two weeks ago, President Peña Nieto personally received 135 deported Mexicans at Mexico City’s airport – the first time ever. Throughout the encounter he shared an upbeat and welcoming message.  He described Mexico as a “land of opportunities” and said, “The doors are always open.”  Dressed casually in a shirt without a tie, it was an image reminiscent of Canadian Prime Minister Justin Trudeau’s warm welcome of refugees.
  • Mexican political leaders have launched Operación Monarca, a multi-party movement to form alliances that benefit deported immigrants. A group of Mexican senators involved in the initiative participated in a forum last week in Phoenix, Arizona, entitled “Agenda Migrante,”at which dozens of undocumented immigrants shared anecdotes of their current situation, expressed their worries, and demanded Mexican officials and advocacy groups fight U.S. policy harder.
  • Universities in the country are also embracing the returning Mexicans. Universidad Iberoamericana, a private institution with various campuses around the country, offered 1,500 full-ride scholarships to incoming deported youths.  The public Universidad Nacional Autónoma de México, one of the country’s most prestigious institutions, also announced it’s starting to work with some U.S. colleges to assure that their students who are deported can continue their studies in Mexico.
  • Since Trump threatened to overhaul the tech-favored H1B visa work program, cities like Guadalajara have declared interest in becoming a technology hub. Mexicans hold a little more than one percent of the approximately 300,000 H1B visas (India has more than half), but the number of returning workers with technical qualifications could be significant.

President Trump’s border wall and its cost remain major irritants in the relationship, and there is great uncertainty over how the “renegotiation” of NAFTA will proceed, but Foreign Minister Luis Videgaray and President Peña Nieto continue to say Mexico is willing to cooperate with the United States wherever they can.  They are hopeful to keep a strong relationship, while staying firm in their conviction that Mexico will not pay for the wall.  Their shift on the undocumented in the United States reflects that commitment.  No longer are unauthorized immigrants considered a long-term and one-sided issue in U.S.-Mexico relations, but rather an immediate and mutual problem.  Mexico’s welcoming and warm message is probably small comfort to those being deported, and it is unclear if any of these actions could mitigate the economic and social impact for them, but the Peña Nieto government appears to be giving priority to avoiding a major train wreck with Trump over immigrants for now, and leaving the details for the future.

February 20, 2017

* Carlos Diaz Barriga is a CLALS Graduate Fellow.

Deciding Asylum: Challenges Remain As Claims Soar

By Dennis Stinchcomb and Eric Hershberg

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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.

Tim Kaine: Boon for Latin America Policy?

By Tom Long*

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Photo Credit: Disney | ABC Television Group / Flickr / Creative Commons

U.S. Presidential candidate Hillary Clinton’s vice-presidential nominee, Virginia Senator Tim Kaine, may help her politically in the November election, and his potential influence on U.S. policy toward Latin America could be extremely important over the long haul.  Though Kaine’s Latin American experience likely was a secondary consideration in his selection, it is consistent with the role of the office of the vice president that has emerged during the Obama Administration as a center for serious policy initiatives in the Americas.

  • Kaine spent nine months in El Progreso, Honduras, as a young man working at a high school founded by Jesuit missionaries; he learned Spanish there and frequently mentions the period as formative. His approach to the region and immigration seems anchored in a focus on human dignity and belies an understanding of the difficult circumstances many there face.  El Progreso is close to San Pedro Sula, which has been a center of the country’s staggering violence and emigration.  In the Richmond Times-Dispatch, Kaine wrote that when unaccompanied minors arrived to the U.S. border in unprecedented numbers, “I felt as if I knew them.”
  • As a member of the Senate Foreign Relations Committee, Kaine has developed a rare policy focus on Honduras. He has pressed the U.S. and Honduran governments on issues of human rights in the wake of the 2009 coup.  In 2013, Kaine urged Secretary of State John Kerry for stronger U.S. support for elections.  Just two weeks ago, he called on Honduran President Hernández for greater effort on justice in the killing of environmental activist Berta Cáceres.
  • Kaine has placed immigration policy at the confluence of foreign and domestic policy. He has pressed President Obama to halt “deportation raids targeting families and unaccompanied minors who have fled the rampant violence in Central America’s Northern Triangle.”
  • Kaine’s political rhetoric often reflects his Jesuit background, and his Catholicism-inspired references to social justice – and his warm welcome for Pope Francis – are likely to earn him an empathetic ear among many throughout Latin America.

Vice-presidential leadership for the Americas offers an important opportunity – and one that Tim Kaine, if elected, is likely to use wisely.  He has complained that Washington usually pays attention to Latin America only in moments of crisis, and has argued the region should get similar priority as China, Russia, or the Middle East.  He would build on efforts initiated by Vice President Joe Biden, who has chaired a “High Level Economic Dialogue” with Mexico and pushed for the $750 million “Alliance for Prosperity” in Central America.  Kaine would be an asset in relationships that often fuse international and domestic policy, slicing across the domains of myriad departments and agencies.  While Kaine’s personal interest and positive relationships don’t guarantee policy successes on migration, drug policy, citizen security, and development assistance as vice president, his language skills and reputation for treating colleagues with respect all but guarantee a warm reception from leaders of countries long aggrieved by U.S. highhandedness. 

August 2, 2016

*Tom Long is a Lecturer in International Relations at the University of Reading (UK) and an Affiliated Professor at the Centro de Investigación y Docencia Económicas in Mexico City.  He is the author of Latin America Confronts the United States: Asymmetry and Influence, published last year by Cambridge University Press.

U.S.-Cuba: Migration Policy Growing Tortuous, Dangerous

By Fulton Armstrong

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Photo Credit: Coast Guard News / Flickr / Creative Commons

The surge in Cuban migration – prolonged at this point by U.S. policy paralysis – may show a dip soon but is growing tortuous and dangerous.  Since January 12, chartered aircraft and buses have been carrying about 360 Cubans a week from Costa Rica to El Salvador, and then through Guatemala and Mexico to the United States, where they are admitted with special status.  The US$550 cost of the trip is being paid by the migrants or unidentified “donors.”  The air bridge has begun relieving pressure on Costa Rica, which has been caring for 8,000 Cubans since Nicaragua in October halted the underground railway transporting them up the Central American isthmus.  (Three thousand more are reportedly stuck in Panama.)  Despite the progress, an estimated 1,500 migrants have left holding facilities and turned to alien-smugglers to take them to Mexico (for $800) or to the United States ($1,500), according to press reports.

  • Cubans’ fear of a change in U.S. migration policy since reestablishment of U.S.-Cuba diplomatic relations is most often cited as causing the surge, estimated at some 40,000 in 2015. It does not explain the estimated 20,000 who crossed into Texas in 2014 and before, when alien-smuggling networks were less developed.
  • Ecuador’s agreement to establish visa requirements for Cubans promises to slow the immediate flow, but the crisis has revealed corruption among migration authorities throughout the region, which will make stopping it difficult.
  • Central American resentment of the welcome Washington gives illegal migrants from Cuba is growing – aggravated in part by the arrival of airplanes from the United States full of deported citizens in the same timeframe. Senior officials from Costa Rica, El Salvador, and Guatemala have blamed the surge in trafficked Cubans on the preferences the United States gives them.

The U.S. Coast Guard reports an increase in the volume and violence of seaborne migration.  Migrants interdicted in Fiscal Year 2015 (ending September 30) grew to almost 3,000 – 900 more than the previous year – and, according to press reports, surged to 1,500 in the last quarter of 2015.  The Coast Guard says the migrants have concluded that Cuba’s economy will not improve even after U.S.-Cuba normalization, and they want to go before U.S. migration policy changes.  The service has reported a spike in violent confrontations with Coast Guard officers, violence against fellow migrants, and even suicide threats..

The U.S. government’s mantra that it will not change policy toward either overland or seaborne migrants is not working – and could even be backfiring by reminding Cubans of the special treatment they receive upon arrival.  The airlift and bussing of thousands of migrants from Costa Rica to the United States helps Costa Rica deal with its crisis, but also signals yet again to Cubans remaining on the island how far the United States will go to bring them in.  Violence among seaborne migrants has traditionally been rare, but the increased aggressiveness suggests that migrants have the impression that they can act with impunity and still be welcomed into the country.  Overland migrants’ preference to use coyotes, known for violence, is another red flag.  The United States has expended political capital by washing its hands of the Cuban migrant mess in Central America, and grumbling among the region’s leaders suggests that options like airlifts will disappear soon.  U.S. law, including the Cuban Adjustment Act, fully empowers the President to turn off the green light to undocumented Cuban migration – and reality could very well nudge him in that direction soon.

February 4, 2016

Executive Under-Reach: Migrants on the Margins of Reform

By Eric Hershberg and Dennis Stinchcomb

UAC SPONSOR PLACEMENT updated post-report-01

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

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

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

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

December 11, 2014

Obama’s Deportation Debacle: Time for Executive Action?

By Eric Hershberg and Dennis Stinchcomb

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Amid fierce debate over the Obama administration’s record on the deportation of undocumented immigrants residing in the U.S. without serious criminal records, insiders confirmed to the Associated Press on Monday that the White House is seriously considering unilateral action to reduce deportations.  Preliminary reports suggest that a review of the policy by Homeland Security Secretary Jeh Johnson may result in executive action curbing deportations.  Rumors of White House movement on the issue surfaced last week, when members of the Congressional Hispanic Caucus presented Johnson with a memo outlining their demands.  Most notably, they recommended an expansion of the president’s Deferred Action for Childhood Arrivals (DACA) program and the elimination of “Secure Communities,” a program initiated during the Bush era that mandates that local law enforcement agencies enforce federal immigration laws and which has led to reported abuses.

The increased pressure on the president to further limit forced removals comes at a moment when deportations are on the decline and interior enforcement is at a five-year low.  New statistics released by the Department of Homeland Security (via FOIA requests from The New York Times) and the Department of Justice provide the most comprehensive view to date of an enforcement policy fraught with political miscalculations.  DOJ reports, for example, a 43 percent drop in the number of new deportation cases filed in federal immigration courts in the last five years.  In hopes of gaining credibility and leverage for Democrats in a potential immigration deal, the administration in 2011 reallocated massive enforcement resources to the U.S.-Mexico border.  The plan was to ease interior enforcement that disrupted established families and communities – and ran up deportation numbers in the past – while deporting higher numbers of recent border crossers, who under previous administrations would have been sent home without formal charges.  In the interior, workplace raids all but disappeared, but state and local police, under the Secure Communities program, continued to identify “high-priority offenders.”

The Obama administration’s five-year attempt to placate Republican lawmakers through record-setting deportations has backfired politically, and the collateral damage is high, with nearly 2 million deportations to date and an outraged electoral base.  Though current and former administration officials argue that concerns over public safety and border security have guided immigration enforcement since day one, the evidence suggests that political expedience has driven Obama’s deportation policy and – with midterm elections just around the corner and maneuvering toward the 2016 presidential elections already underway – is likely to continue to do so.  Obama’s eagerness to impress Republicans with his toughness, without any guarantee the maneuver would work, has alienated Hispanic and Asian communities who feel betrayed and whose turnout at the polls is crucial for a Democratic victory.  The leaks of executive action indicate a White House focused on damage control with those important constituencies, while essentially signaling the definitive end of any chance of bipartisan Congressional immigration reform.  Despite some handwringing among American conservatives that the Republicans’ position will lock out Hispanic voters for years to come, most of the party’s leaders appear to give priority to their nativist base.  Obama ultimately may be calculating that, with chances of passage of immigration reform nil anyway, his energy is best spent on rebuilding ties with constituents whose communities have been torn apart by policies pursued during his first five years in office.