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.

U.S.-Mexico Tensions: Harbinger for Latin America?

By Eric Hershberg and Fulton Armstrong

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The U.S.-Mexico border near Tijuana and San Diego. / Tomas Castelazo / Wikimedia Commons / Creative Commons

U.S. President Donald Trump’s unilateral actions on Mexico last week have precipitated the most serious crisis in bilateral relations in decades and threaten to further undermine U.S. image and interests throughout Latin America.  During last year’s campaign, in the face of Trump’s characterization of Mexicans as rapists and drug-traffickers and repeated pledges that he’d make Mexico “pay for the Great Wall,” President Enrique Peña Nieto adopted a strategy of patience and positive engagement.  He paid dearly in political terms for meeting with Trump in August – a misjudgment that worsened his already declining popular approval – but he continued to try to stay on the high road after the election.

  • Peña Nieto resurrected former Finance Minister Luis Videgaray, the architect of the Trump meeting last August, as Foreign Minister, and he replaced his ambassador in Washington with one having deep experience with NAFTA and a reputation for calm negotiation, in response to Trump’s repeated demand for a renegotiation of the 1994 accord. As opponents across the political spectrum egged him on to reciprocate Trump’s belligerent tone and strident U.S. nationalism, Peña Nieto – like all Mexican presidents for the past 25 years – tried hard to suppress the anti-Americanism that has lingered beneath the surface of Mexican politics even while the two neighbors have become increasingly integrated economically, demographically, and in governance.  Even after Trump’s first barbs following inauguration on January 20, Peña Nieto emphasized his preference for calm dialogue – “neither confrontation, nor submission.”  He declared that Mexico doesn’t want walls but bridges, and accepted the American’s demand to renegotiate NAFTA, although with a “constructive vision” that enables both sides to “win,” with “creativity and new, pragmatic solutions.”

Preparations for the summit meeting, scheduled for this week, crashed when Trump – without coordinating with his Mexican counterpart or the appropriate U.S. government agencies – issued executive orders putatively aimed at tightening control of the border.  One directed an immediate increase in efforts to deport undocumented Mexicans, and the other launched the “immediate construction of a physical wall on the southern border.”  Trump initially abided by an informal agreement with the Mexicans not to repeat his harangue that he was going to make Mexico pay for the wall, but on January 26 he tweeted that “If Mexico is unwilling to pay for the badly needed wall, then it would be better to cancel the upcoming meeting.”  His press spokesman followed up with a suggestion that Washington could impose a 20 percent tariff on imports from Mexico to cover the costs of construction, after which Peña Nieto, facing a firestorm at home, postponed the meeting.  The two presidents talked on the phone for an hour the following day and reportedly agreed to let things calm down, although the two sides presented different versions of the chat.

The speed of the trainwreck – in Trump’s first week in office – and the depth of the damage his unilateralism has done to bilateral relations have alarmed many in Mexico and the United States, including Republicans who worked hard to build the relationship.  (Only the Administration’s stunning decrees regarding immigration from other parts of the world have overshadowed the mess.)  Mexico is, of course, not without leverage and, as Trump stirs up long-repressed Mexican nationalism, Peña Nieto – whose popular support was recently in the garbage bin – is going to have to talk tough (at least) and could have to retaliate.  He could impose tariffs on the billions of dollars of Mexican exports that Americans have grown accustomed to having at low prices.  Mexico could also opt to diminish cooperation in counternarcotics and other law enforcement efforts, or to cease blocking Central American migrants seeking to reach the U.S. border – interests that the impulsive Trump policy team doesn’t seem to have considered.

Coming on the heels of Trump’s executive order totally withdrawing from the Trans-Pacific Partnership, the new president is presenting the image of a U.S. leader whose harsh policies and arrogant style serve neither the United States nor Latin America’s interests.  Having appointed as White House National Security Council Senior Director for Latin America a political scientist whose writings draw bizarrely on analytic approaches that have been rejected in the discipline for more than 30 years, and whose recent articles lament the Obama administration’s abandonment of the Monroe Doctrine, the region’s leaders will rightly conclude that Washington is voluntarily abdicating any plausible case for leading multilateral cooperation around common interests.  The United States and Latin America are inextricably linked, however, and a policy based on stale assumptions of big power unilateralism ultimately will run into insurmountable obstacles: however ignorant Trump and his team are proving themselves to be, we live in the real world of the 21st century, in which imperialist, mercantilist fantasy will be treated with the disdain that it deserves.

January 31, 2017

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.

The Cataclysm that the Latino Vote Couldn’t Stop

By Eric Hershberg

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Presidential candidate preference, by race or ethnicity / Pew Research Center

In unprecedented numbers, Latino voters flexed their muscles in the bitter and destructive U.S. presidential campaign, but that wasn’t enough to elect a competent but mistrusted centrist and block an erratic TV showman espousing policies anathema to their interests.  Former Secretary of State Hillary Clinton lost in the electoral college, which in the American system is what actually matters, but she won the popular vote by a slim margin – little consolation to Latinos.  Donald Trump and the forces that will accompany him into the Executive branch have pledged to begin efforts to deport millions of undocumented immigrants, build walls to keep Latin Americans out of the country, and reverse decades of policies meant to strengthen ties among the Americas.  The election highlighted deep cleavages in U.S. democracy:

  • An inclusive coalition of the well-educated, urban dwellers, youth, and racial and ethnic minorities lost to a bloc of angry white working-class, rural, and small-town voters rallied by a man whose behavior and rhetoric were called repugnant by leaders of even his own party. The outcome testifies to the degree to which vast segments of the American population feel ignored and denigrated by political and cultural elites and alienated by profound social changes that accelerated during the Obama administration, including shifts regarding such issues as gender and sexual identity and, particularly, racial diversity and empowerment.
  • The Trump-led “whitelash” has been largely rhetorical up to this point, but it will soon be manifested in public policies with life-changing consequences for immigrants, minority populations, and impoverished citizens. There’s a possibility that, once charged with running the country, the Trump faction will moderate on some issues, but it’s frightening to recall that no fewer than 37 percent of German voters mobilized behind an analogous cocktail of racial resentment and violent impulses in 1932.  In 2016, nearly half of the American electorate did just that, with profound implications for civil discourse, tolerance, and respect for sometimes marginalized sectors of the country’s population. If Trump’s exclusionary rhetoric becomes translated into concrete policies that diminish the country’s diversity, the U.S. will lose its status as among the most dynamic and creative places in the world.

The Latino vote was expected to be among the decisive factors that would sweep Clinton into the White House and swing the Senate back to Democratic control, albeit by the slimmest of margins.  But while it was influential, diminishing Trump’s margin of victory in reliable Republican strongholds such as Arizona and Texas, and enabling the Democrats to eke out victories in states such as Nevada, New Mexico, and Colorado, the Latino vote was insufficient to rescue Clinton’s fortunes in the pivotal states of Florida and North Carolina.  Whereas in 2012 Obama had an estimated 71-27 percent advantage among Latinos against his opponent, Clinton failed to match that total – exit polls indicate roughly a 65-29 percent split – even against a candidate explicitly targeting Latino interests.  Trump called for mass deportations of the country’s 10 million undocumented Latino residents and a rollback of the Obama administration’s efforts to provide safe haven and legal status for at least half of this vulnerable segment of American communities.  Whatever the reasons for their low participation, these communities now confront existential threats.

  • If Trump follows through on his promises, the impact will be manifested in numerous domains beyond immigration and related human rights that have profound implications for the welfare of U.S. Latinos, including the composition of the Supreme Court and its commitment to voting rights; protection against discrimination in employment, housing, and financial services; access to health care for 20 million people who for the first time gained coverage through the Affordable Care Act (“Obamacare”); opportunities for pre-school and tertiary education; and environmental regulations needed to protect public safety and health.

Political scientists and informed citizens must now revisit their assumptions about the impact that a growing Latino population may have on the outcome of presidential elections.  The gap separating the two parties in terms of Latino preferences is vast and increasingly consolidated, suggesting an enormous and enduring disadvantage for the Republicans.  But whether the Latino vote can become a decisive, rather than merely influential, component of the electorate is much less certain.  The anger among white voters – at least this time around – carried the day.  This “whitelash” may or may not be a transitory phenomenon, but the prospects for efforts to make the United States a force for good in the world, and to make government an agent for social and economic justice for all, will depend in large part on the future mobilization of the Latino community.  Arguably, the future of the United States – and by extension the world’s – hinges on the capacity of Latino voters to make America great again.

November 10, 2016

As Mexico “Absorbs” Central American Refugees, Record Numbers Reach the U.S.

By Dennis Stinchcomb

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The meeting of world leaders that President Obama convened on Tuesday to rally support for refugee resettlement and inclusion across the globe was good diplomacy but contradicts Washington’s policies even in the Americas.  At a meeting on the margins of the UN General Assembly, Obama thanked Mexico for “absorbing a great number of refugees from Central America,” yet the data make clear that Mexico is hardly absorbing refugees.  During the first seven months of 2016, as WOLA has reported, Mexico granted asylum to just under 1,150 Central Americans but deported over 80,000 others.  Meanwhile, far greater numbers of Central Americans have reached the U.S., principally women with children (whom U.S. Customs and Border Protection labels “family units”) and minors traveling without a guardian (“unaccompanied children”).  With one month remaining in Fiscal Year 2016, apprehensions of Central American women with children total over 61,000 – up 79 percent from FY15 – and are on pace to surpass the FY14 record.  Likewise, apprehensions of unaccompanied children have already exceeded the FY15 total, and September numbers will likely push the current tally of 42,000 just shy of the FY14 record.

This renewed influx comes despite the Obama administration’s multi-pronged strategy to deter unauthorized migration from the Northern Triangle countries of El Salvador, Guatemala and Honduras:

  • U.S. support for Mexico’s Southern Border Program has resulted in unprecedented numbers of both detentions and deportations of Central Americans in Mexico, yet the dramatic increases in arrivals to the U.S. and shifting points of entry – including an upswing in seaborne trafficking – suggests that the exodus from the Northern Triangle continues and that human smugglers have adapted to stepped-up enforcement measures by forging new routes through Mexico.
  • Ongoing raids by U.S. Immigration Control and Enforcement (ICE) authorities, which under the banner of Operation Border Guardian aim to roundup unaccompanied youth who had been ordered deported from the U.S. and have recently turned 18, have not stemmed the tide of new arrivals fleeing untenable circumstances in their countries of origin.
  • Despite a July 2016 expansion of the CAM Program for in-country processing of youth applications for refugee status and for others in Central America asserting that they are at risk of harm, the pool of beneficiaries remains miniscule. Whereas the program had received 9,500 applicants by mid-year, only around 270 had been resettled in the U.S. With a six- to eight-month processing period and room for only 200 applicants at a time at shelters that have been set up in Costa Rica, desperate Central Americans continue to turn to more efficient human smugglers.
  • Public messaging campaigns launched in the region with U.S. government funding, to warn Central Americans of the dangers involved in irregular migration and to dispel misperceptions regarding U.S. immigration policies, also appear fruitless, as outlined in a recent American Immigration Council report).

President Obama’s efforts to galvanize international action in response to forced displacement worldwide highlight his own administration’s shortcomings in addressing refugee flows closer to home.  Expedited hiring of border patrol agents and an increase in the number of beds at contract detention facilities, among other domestic measures, have enabled the administration to process large volumes of Central American migrants while avoiding the appearance of a “border crisis” akin to 2014.  Meanwhile, an emphasis on curtailing outflows from Central America (without regard to the justification of people’s decision to flee), detention (rather than absorption) in Mexico, and deportation in both Mexico and the U.S. has not been matched with analogous investments to address the needs of Central American migrants already in the U.S. who may have legitimate claims for asylum or other forms of protection.  Central American families and unaccompanied children, for example, now account for over one-fourth (26 percent) of the 512,000-case backlog in immigration courts, yet only 53 percent of families and 56 percent of unaccompanied minors have access to attorneys.  In failing to guarantee legal representation for these vulnerable populations the administration is sidestepping the same moral obligation to thoroughly vet and provide safe, inclusive communities for refugees that President Obama challenges other governments to fulfill.  Perhaps funding that is supporting Mexico’s strategy of detention and deportation could be better allocated to programs that ensure proper adjudication of asylum claims – in both Mexico and the U.S. – and to genuinely seek to absorb individuals and families who, through due process, are judged to qualify as refugees.

September 22, 2016

Tim Kaine: Boon for Latin America Policy?

By Tom Long*

Tim Kaine

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.

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

By Aaron T. Bell*

Trump Latin America

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

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

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

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

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

 June 21, 2016

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

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

What do Latin Americans Make of the U.S. Election Campaign?

By Fulton Armstrong

Trump Wall Pope

Photo Credit: Daryl Lawson and Pingnews (modified) / YouTube and Flickr / Creative Commons

Remarks about Mexico and immigration by Donald Trump – leader in the U.S. Republican Party’s presidential nomination contest – have drawn intense criticism from some Latin American leaders, but their underlying concern may be about the implications of the broad support for his populist rhetoric regardless of who wins the party’s nomination in July.  Media throughout the hemisphere are reporting highlights of the U.S. campaign, focusing mostly on immigration and its connotations for the region.  Some reports touch on the challenges to unity facing both major U.S. political parties, such as Democratic pre-candidate Bernie Sanders’s pressure on the previously unbeatable Hillary Clinton.

Most Latin American attention has gone to Trump and his statements.  His characterization of many Mexican immigrants as criminals, drug dealers, and rapists; his statement that Mexicans “bring tremendous infectious disease” into the United States; and his pledge to make Mexico pay billions of dollars for a new high wall on the border have drawn sharp rebukes from across Latin America.

  • Mexican President Peña Nieto, who initially remained on the sidelines when Trump brought the immigration issue to the table in a cynical fashion, recently compared Trump with Hitler and Mussolini. Former President Calderón called him a “racist” and lamented that he is “sowing anti-American hatred around the world.”  And his predecessor, Vicente Fox, said on U.S. television that Mexico wouldn’t pay for “that f**king wall.”
  • Argentina-born Pope Francis also criticized Trump. “A man who thinks only of walls is not a Christian,” he said.  Former Colombian President and OAS Secretary General Gaviria told Miami Herald columnist Andrés Oppenheimer that Trump “has the typical style of a Latin American caudillo,” scaring people and putting himself up as “the solution to all their problems.”
  • Ecuadoran President Correa said, “Trump’s rhetoric is so clumsy, so vulgar, that it will stir reaction in Latin America” – which would be “very bad for the United States” but positive for Latin American “progressive tendencies.”
  • In Venezuela, President Maduro has condemned Trump’s “threats” against Latin America as “brutal” and termed him a “thief full of hate.” On the street, however, comparisons between Chávez and Trump are part of daily conversation.

Racial slurs and rhetoric about walling out immigrants are, naturally, hair-trigger issues not just for Latin Americans.  If the Trump juggernaut rolls on, however, anxieties about its implications are likely to sweep across the hemisphere – not necessarily because he will win the general election in November, but because the broad support for his rhetoric about walls and deportations suggests a widening gap between the United States and the region.  Moreover, doubts about the credibility of the U.S. political model – already battered by the contested presidential election of 2000 and the decade-long gridlock in Washington between the executive and legislative branches of government – could multiply, especially if campaign violence spreads beyond Trump rallies.  Trump’s pledge to resume “enhanced interrogation” and “bring back a hell of a lot worse than waterboarding” of alleged Islamic extremists could further undercut U.S. moral authority.  Dismayed Republican leaders are privately floating the idea of rewriting the rules for their party convention this summer to overturn Trump’s primary victories and block his candidacy in the general election, but that too would be a spectacle that could undermine U.S. image in Latin America.  Moreover, other Republican candidates’ views may compound the problem.  Senator Ted Cruz is proud of having shut down the U.S. Government to make a political point during a skirmish with President Obama, and he and Senator Marco Rubio are fervent supporters of their party’s decision to refuse to meet with the President’s nominee to replace a recently deceased Supreme Court nominee, let alone give him or her a hearing and floor vote.  Ecuadoran President Correa’s remarks about the U.S. campaign empowering “progressive” forces is probably wishful thinking on his part, but Trump’s populism and his party’s questionable options could indeed appear contrary to some Latin American countries’ struggle to rid themselves of populist, authoritarian-style leaders.

March 14, 2016

A Divided Court on U.S. v. Texas: A Safety Net for the Administration?

By Dennis Stinchcomb

Supreme court Scalia

Photo Credit: Ted Eytan / Flickr / Creative Commons

The passing of Supreme Court Justice Antonin Scalia reshuffles the deck of possible outcomes in the highly politicized case involving President Obama’s executive actions on immigration.  When the White House petitioned the Court to review its dispute with Texas and 25 other states, it could not have imagined a result that now appears to be possible: a tie.  An evenly split decision would mean that the injunction against the measures issued by the lower court – the Fifth Circuit – would stand, an outcome that critics of Obama’s executive actions would herald as a triumph.  It may, however, also prove to be a safety net for the Administration and the over five million undocumented immigrants whose status is at stake because the law stipulates that a tie vote is not precedent-setting.  That means that the underlying case would proceed to trial in Texas district court – and could then potentially find its way back onto the Supreme Court’s docket, perhaps under more favorable conditions for a future Democratic administration.

This is, of course, purely speculative as a complex web of scenarios remain in play, including:

  • A 5-3 Decision in Favor of the Administration: If the Court finds that the states do not have the right (or standing) to sue the President, the case will be immediately dismissed.  A decision recognizing the states’ right to sue would force the Court to address the other two matters at stake – whether the President’s actions are consistent with existing immigration law, and whether he met the requirements for public notice and comment.  Some experts believe that members of the Court’s conservative wing may side with the Administration on these questions, striking down the injunction and allowing the deferred action programs to proceed.
  • A 3-5 Decision in Favor of Texas: A majority ruling against the Administration seems most plausible on the constitutional issue of whether the President abdicated his responsibility to “take care that the laws be faithfully executed.”  Though the Court had appended the separation-of-powers question to the roster of issues under consideration, it is under no obligation to hand down such a wide-reaching decision.  But should the case become a constitutional showdown, it is not inconceivable that a member of the Court’s liberal bloc might side with conservatives to prevent what would amount to be a significant expansion of executive authority – and an undermining of the judiciary’s ability to curb excesses.  Observers say it is less likely that a liberal would find the Administration in violation of immigration law or public notification procedures.

Beyond the struggle between the President and his opponents in the U.S. Senate over whether a successor to Scalia should be confirmed this year, the prospect of a tie in U.S. v. Texas and the potential for a rematch down the road has raised the stakes in this U.S. election year.  Candidates from both parties have been calling on voters to transform the November election into a referendum on the Supreme Court.  At least on the immigration front, the presidential nominees and voters alike will have to wait until the Court announces its decision in mid-summer to find out what exactly has been won or lost, and what more can be done or undone.  Though a tie would leave open the door for the legal merits of the case to be revisited by a full complement of justices under a new president during a non-election year, such a scenario is hardly ideal for the outgoing Administration.  The possibility that victory in the short-term for immigration conservatives could translate into a permanent victory should the Republican nominee win the presidency is a gamble the Administration would rather not face. 

 February 29, 2016