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

By Fulton Armstrong

Honduran migrants meet with Mexican police in Chiapas

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

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

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

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

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

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

October 24, 2018

U.S. Immigration Policy: New Obstacles to Asylum

By Jayesh Rathod*

U.S. Attorney General Jeff Sessions

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

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

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

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

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

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

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

July 10, 2018

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

Guatemala: Are Governments Missing the Story on Homicides?

By Steven Dudley*

2048px-PNC_Guatemala

The special forces of the Guatemalan National Civilian Police (PNC). / Danilojramirez / Wikimedia Commons

A study of hundreds of homicides in Guatemala revealed major problems with authorities’ contention that “gang-related” and “drug trafficking-related” murders are at the center of the violence in that country, findings that complicate violence reduction programs in that country and elsewhere.  InSight Crime analyzed the murders in two areas: Zona 18 in Guatemala City, where 300,000 inhabitants live in what authorities designate a “gang area,” and the municipality of Chiquimula, a community of some 100,000, or what authorities call a “trafficking corridor.”  We also studied how police, forensic doctors, and government prosecutors gather and use information they gather during homicide investigations to clear cases or not.  It is less CSI and more creaky, antiquated 20th century bureaucracy.

Key findings from the report include:

  • The confidence with which Guatemalan authorities attribute homicides to traffickers is not warranted by the available facts. In the trafficking corridor, we could reasonably attribute only 28 percent of the homicides to what we termed “organized crime-related” activities – significantly less than authorities normally publicly attribute to organized crime.  Drug trafficking, we believe, is an incorrect way of describing the dynamics behind this violence.  Another 38 percent of the cases lacked information to make a determination.
  • In the gang area, where Barrio 18 and Mara Salvatrucha (MS13) operate, we could reasonably attribute 41 percent of the homicides to gang-related activities – an estimate in line with what authorities say in Guatemala. Another 35 percent of the cases did not have enough information to make a determination.
  • Regardless of area, the widespread availability of firearms is a clear factor in the murder rate. An estimated 75 percent of all homicides occur at the end of a gun in Guatemala.  At 15.8 guns per 100 inhabitants, the country has the highest number of guns per capita in the region, according to World Bank data.  (El Salvador has 7.0 per 100, and Honduras, 6.2.).
  • Another theory to explain the level of homicides – that the more “indigenous” western highlands are less prone to violence than the more “ladino” eastern states – is in its infancy and beyond the scope of our study.

In both areas, the information from authorities was fragmented, disorganized, and sometimes missing altogether.  Reports are filled out by hand or typed into computers, but they are quickly buried in massive piles of data and are most likely erased or lost by the next person in that job.  Multiple, clashing bureaucracies operating on the different platforms and with different formats also have differing criteria for classifying data.  The low priority given to collecting and analyzing information, and poor training, seriously undermine authorities’ ability to understand the homicide phenomenon as well as resolve the homicide cases themselves.  Indeed, our observation is that the resources used to gather what are considered more politically salient statistics – such as the overall number of criminal acts in any one area – hurts efforts to resolve cases or give authorities the ability to analyze criminal dynamics.

The confusion between the sources of violence has a palpable impact on how money is allocated over the years.  The U.S. Congressional Research Service has estimated that 66 percent of the $1.2 billion that Washington disbursed under its Central America Regional Security Initiative (CARSI) was “hard-side” assistance – aimed at attacking drug traffickers whose role in the murder rate we have assessed to be lower than previously thought.  Only 31 percent of U.S. aid was “soft assistance” – violence prevention, social and economic programs – that would address the more serious problem of gang violence.  The allocation of Guatemala’s own funding is harder to discern, but the Mano Dura tactics adopted by the Northern Triangle countries over the years have more resembled the militarized strategy against the drug traffickers, implementing various states of siege in affected locales (Guatemala), enacting “emergency measures” inside jails and in particularly troublesome states (El Salvador), and using the military police in numerous places (Honduras).  Aggressive police sweeps have, moreover, overcrowded prisons bursting with inmates in horrifying conditions.  While some of these programs may have helped slow the increase in homicides, our report clearly indicates that a deeper understanding of the problem – based on more rigorous collection and analysis of information on homicide cases – is necessary to evaluate and improve international and local strategies.  Especially if Washington cuts Northern Triangle funding, as it is widely reported to be intending, a smarter approach will require becoming smarter about the problem.

 May 4, 2017

*Steven Dudley is co-Director of InSight Crime, which is co-sponsored by CLALS.  The full report “Homicides in Guatemala,” funded by USAID and prepared with administrative support from Democracy International, is available here.

Deciding Asylum: Challenges Remain As Claims Soar

By Dennis Stinchcomb and Eric Hershberg

asylum-blog-graph

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

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

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

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

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

January 19, 2017

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

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

2017: Happy New Year in Latin America?

By Eric Hershberg and Fulton Armstrong

posse_de_michel_temer_3

Brazilian President Michel Temer surrounded by members of his party in mid-2016. His government will continue to face questions of legitimacy in 2017. / Valter Campanato / Agência Brasil / Wikimedia / Creative Commons

The year 2016 laid down a series of challenges for Latin America in the new year – not the least of which will be adapting to a radically different administration in Washington.  Last year saw some important achievements, including an elusive peace agreement in Colombia ending the region’s oldest insurgency.  Several countries shifted politically, eroding the “pink tide” that affected much of the region over the past decade or so, but the durability and legitimacy of the ensuing administrations will hinge on their capacity to achieve policy successes that improve the well-being of the citizenry.  The legitimacy of Brazil’s change of government remains highly contested.  Except in Venezuela, where President Maduro clung to power by an ever-fraying thread, the left-leaning ALBA countries remained largely stable, but the hollowing out of democratic institutions in those settings is a cause for legitimate concern.  Across Latin America and the Caribbean, internal challenges, uncertainties in the world economy, and potentially large shifts in U.S. policy make straight-line predictions for 2017 risky.

  • Latin America’s two largest countries are in a tailspin. The full impact of Brazil’s political and economic crises has yet to be fully felt in and outside the country.  President Dilma’s impeachment and continuing revelations of corruption among the new ruling party and its allies have left the continent’s biggest country badly damaged, with profound implications that extend well beyond its borders.  Mexican President Peña Nieto saw his authority steadily diminish throughout the course of the past year, unable to deal with (and by some accounts complicit in) the most fundamental issues of violence, such as the disappearance of 43 students in 2014.  The reform agenda he promised has fizzled, and looking ahead he faces a long period as a lame duck – elections are not scheduled until mid-2018.
  • The “Northern Triangle” of Central America lurches from crisis to crisis. As violence and crime tears his country apart, Honduran President Hernández has devoted his energies to legalizing his efforts to gain a second term as president.  Guatemala’s successful experiment channeling international expertise into strengthening its judicial system’s ability to investigate and prosecute corrupt officials is threatened by a weakening of political resolve to make it work, as elites push back while civil society has lost the momentum that enabled it to bring down the government of President Pérez Molina in 2015.  El Salvador, which has witnessed modest strides forward in dealing with its profound corruption problems, remains wracked with violence, plagued by economic stagnation, and bereft of decisive leadership.
  • Venezuela stands alone in the depth of its regime-threatening crisis, from which the path back to stability and prosperity is neither apparent nor likely. The election of right-leaning governments in Argentina (in late 2015) and Peru (in mid-2016) – with Presidents Macri and Kuczynski – has given rise to expectations of reforms and prosperity, but it’s unclear whether their policies will deliver the sort of change people sought.  Bolivian President Morales, Ecuadoran President Correa, and Nicaraguan President Ortega have satisfied some important popular needs, but they have arrayed the levers of power to thwart opposition challenges and weakened democratic institutional mechanisms.
  • As Cuban President Raúl Castro begins his final year in office next month, the credibility of his government and his successors – who still remain largely in the shadows – will depend in part on whether the party’s hesitant, partial economic reforms manage to overcome persistent stagnation and dissuade the country’s most promising professionals from leaving the island. Haiti’s President-elect Jovenel Moise will take office on February 7 after winning a convincing 55 percent of the vote, but there’s no indication he will be any different from his ineffective predecessors.

However voluble the region’s internal challenges – and how uncertain external demand for Latin American commodities and the interest rates applied to Latin American debt – the policies of incoming U.S. President Donald Trump introduce the greatest unknown variables into any scenarios for 2017.  In the last couple years, President Obama began fulfilling his promise at the 2009 Summit of the Americas in Trinidad and Tobago to “be there as a friend and partner” and seek “engagement … that is based on mutual respect and equality.”  His opening to Cuba was an eloquent expression of the U.S. disposition to update its policies toward the whole region, even while it was not always reflected in its approach to political dynamics in specific Latin American countries.

 Trump’s rhetoric, in contrast, has already undermined efforts to rebuild the image of the United States and convince Latin Americans of the sincerity of Washington’s desire for partnership.  His rejection of the Trans-Pacific Partnership – more categorical than losing candidate Hillary Clinton’s cautious words of skepticism about the accord – has already closed one possible path toward deepened ties with some of the region’s leading, market-oriented economies.  His threat to deport millions of undocumented migrants back to Mexico and Central America, where there is undoubtedly no capacity to handle a large number of returnees, has struck fear in the hearts of vulnerable communities and governments.  The region has survived previous periods of U.S. neglect and aggression in the past, and its strengthened ties with Asia and Europe will help cushion any impacts of shifts in U.S. engagement.  But the now-threatened vision of cooperation has arguably helped drive change of benefit to all.  Insofar as Washington changes gears and Latin Americans throw up their hands in dismay, the region will be thrust into the dilemma of trying to adjust yet again or to set off on its own course as ALBA and others have long espoused.

 January 4, 2017

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

By Dennis Stinchcomb

uac-family-unit-apprehensions_aula-01

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.

Honduras: President Hernández’s Mission

By Fulton Armstrong

Hernandez honduras 2

Photo credit: Public domain

Honduran President Juan Orlando Hernández, who last month passed the half-way point in his four-year term, has scored some important political gains, with uncertain implications for his country.

  • The Obama Administration has embraced him as a partner in the “Alliance for Prosperity,” to which it has committed $750 million year to “build a safer and more prosperous future for [Northern Triangle] citizens.” It represents a doubling of U.S. assistance.
  • In a decision Hernández said he “would respect,” last April the Honduran Constitutional Court – key members of which the Congress elected under circumstances of questionable legality when he was Congress President – allowed him and other former presidents to run for reelection. The Chairman of the Congressional budget committee last week said there “should be no doubt” that the party is committed to Hernández serving a second term.
  • He successfully parried efforts to create a copy in Honduras of the International Commission against Impunity in Guatemala (CICIG), the UN-sponsored body with extensive powers in that country. The final terms of reference of the OAS-sponsored “Mission to Support the Fight against Corruption and Impunity in Honduras” (MACCIH) aren’t as loose as he had proposed, but many of its key definitions, personnel, and funding remain highly uncertain.  OAS Secretary General Almagro’s public blessing of it was a public relations coup.
  • The Honduran Congress’s approval last week of a new 15-member Supreme Court took numerous rounds of voting – presidents traditionally get the slate approved in one vote – but his party did well enough. Allegations of bribery arose immediately.  Praising the new court, he said last Friday that he would soon launch a national dialogue on additional Constitutional reforms and on “revising the social contract of Honduras” and building “a new Honduras.”

Hernández is not without critics in Tegucigalpa and Washington – even if their attacks have not thwarted him.  Opponents claim that his desire to overturn Constitutional prohibitions on a second term was more blatant than that of former President Mel Zelaya, whose removal by the military in 2009 Hernández supported claiming that Zelaya violated the prohibition.   Hernández has admitted that his party received funds embezzled from the national Social Security agency.  The Indignados, a grassroots opposition, doesn’t have the lobbying resources that the government has, but they have mobilized massive peaceful demonstrations, and veteran Honduras watchers praise their idealism, discipline, and maturity beyond their youthfulness.

Hondurans and foreign governments often favor leaders whose appearance of power promises stability, rather than favor processes and values – such as transparency and inclusiveness – that promise more effective democratic institutions.  Hernández was elected with barely 35 percent of the vote, but his growing power, coinciding with the weakening of legislative and judicial institutions, has concentrated power on the executive.  The country arguably faces one of the most complex situations in its history, on the cusp of either difficult change, such as reducing shocking levels of impunity, or a deepening of the current crisis.  The economic and political elites who control the nation have driven it into a rut from which “more of the same” does not appear a viable way out.  Hernández won praise from the international financial community by pushing through fiscal adjustments, yet these measures increased inequality in a country where half the population lives on less than $4 a day.  Preliminary data show that austerity has brought about an increase in unemployment and underemployment, which already affected roughly half of the labor force.  A U.S. and Mexican crackdown on Central American migration has reduced one of the only options that young Hondurans fleeing poverty, violence, and impunity thought they had.  While many Hondurans may wind up accepting a President’s reelection to a non-consecutive term, Hernández’s big push for a consecutive one and his talk of a “new social contract” understandably fuels skepticism if not angst.

February 16, 2016

A New Line of Defense: Trends at Mexico’s Southern Border

By Dennis Stinchcomb

The boat to Mexico.  Photo Credit: einalem / Flickr / Creative Commons

The boat to Mexico. Photo Credit: einalem / Flickr / Creative Commons

Statistics show that the United States is relying on Mexico to do what U.S. immigration law and the Northern Triangle countries can’t: keep Central American children out of the U.S.  In 2014, the same year in which Mexico announced tightened security measures along its southern border with Guatemala and Belize, Mexican authorities deported over 18,000 children, up 117 percent from just over 8,000 the previous year, according to Mexican government figures.  A similar increase is already being registered in 2015.  During January and February of this year, deportations of minors from Mexican soil tallied over 3,200 – a 105 percent jump from the same period in 2014.  Since launching what U.S. officials have dubbed a “layered approach” to immigration enforcement, data reveal several noteworthy trends:

  • Mexico’s get-tough approach has prevented a significant number of migrants from reaching the U.S.-Mexico border. According to U.S. Customs and Border Patrol, the first seven months of Fiscal Year (FY) 2015 witnessed a 48-percent decrease in unaccompanied child apprehensions and a 35-percent decrease in family unit apprehensions along the U.S. border.  However, considered in light of the unprecedented number of deportations from Mexico, these figures suggest that child and family migration from Central America remain at historic highs. 
  • Central American children detained in Mexico are unlikely to be offered forms of humanitarian protection mandated by international law. Despite increases in child detention and deportation, a report by Georgetown University Law School’s Human Rights Institute points to inadequate screening and arbitrary detention as among the obstacles preventing tens of thousands of children from seeking and receiving relief from removal.
  • Both Mexican and U.S. data show that a growing share of child and family migrants are Guatemalan. According to analysis by the Pew Research Center, the number of Guatemalan children deported from Mexico during the first five months of FY15 doubled since the same period last year and now accounts for 60 percent of all child deportations from the country.  Meanwhile, the share of child deportees from Honduras dropped from roughly one-third to less than one-quarter, and those from El Salvador fell off slightly to just above 15 percent.  An analogous shift is also evident at the U.S.-Mexico border where Guatemalans now comprise 35 percent of unaccompanied child apprehensions compared to 25 percent during FY14.  Similarly, the proportion of Salvadoran and Honduran children has declined from roughly 25 percent each to 18 and 9 percent, respectively.
  • Smugglers and migrants are already adapting to heightened enforcement in Mexico and charting new, more dangerous routes north. Local media reports have covered migrants’ attempts to bypass border checkpoints by sea and traverse Mexico undetected on foot or in third-class buses.  Data show that successful migrants are crossing into the U.S. at less traditional and harder-to-access points.  At the height of last year’s crisis, the majority of migrants were surrendering themselves to border officials in the Rio Grande Valley along Texas’ southern-most border.  While apprehension in the Rio Grande control sector have decreased significantly this year, three sectors – Big Bend (Texas), El Paso (Texas and New Mexico), and Yuma (California) – have registered at least double-digit percent increases in both child and family apprehensions.

During Mexican President Peña Nieto’s recent visit to Washington, President Obama stated that he “very much appreciate[d] Mexico’s efforts in addressing the unaccompanied children [crisis].”  Despite applause from the White House, Mexico’s aggressive border enforcement – driven at least in part by U.S. encouragement and funding – has implications for Mexico’s already problematic human rights record.  While it is true that Mexico’s actions have largely staved off a repeat of last year’s crisis, it has yet to translate into the sort of political bargaining chip the Obama administration has hoped might sway the immigration policy debate in the U.S.  With comprehensive immigration reform legislation long dead and recent executive actions on indefinite hold, the administration apparently hopes that ramped-up enforcement will improve prospects for congressional approval of $1 billion in development assistance to the Northern Triangle.  But with Mexico’s clampdown blocking another surge of migrants into the U.S., many legislators are likely to question the prudence of pouring more money into corrupt, dysfunctional regional governments.  By backing the militarization of Mexico’s southern border, moreover, the administration is privileging political goals at the expense of humanitarian objectives and is indirectly complicit in blocking thousands of Central American children from accessing lawful forms of relief for which most are likely eligible.  Meanwhile, Mexico’s migrant extortion market continues to boom as vulnerable children and families seek new routes north at the mercy of increasingly brutal transnational networks.

June 4, 2015

CICIG: Model for Northern Triangle

By Fulton Armstrong and Héctor Silva

Photo Credit: Mike Gifford and Nicolas Raymond / Flickr / Creative Commons

Photo Credit: Mike Gifford and Nicolas Raymond / Flickr / Creative Commons

Guatemalan President Pérez Molina’s announcement two weeks ago that he would seek another two-year renewal of the Comisión Internacional Contra la Impunidad en Guatemala (CICIG) has been well received everywhere except in neighboring countries, which would benefit greatly from similar outside assistance.  A broad array of leading Guatemalans have welcomed the move, as have the UN and the United States.  U.S. Secretary of State Kerry said it “is a major step forward in the fight against organized crime … and will advance the goals of Guatemala and the United States as articulated in the Plan of the Alliance for Prosperity in the Northern Triangle.”  First created in 2007 to support prosecutions of cases involving corruption and impunity and to strengthen the country’s judicial sector through legal reforms and training, CICIG has been renewed every two years since.  Its commissioner, Colombian jurist Iván Velásquez, said CICIG “commits to the government and society to make every effort in support of Guatemala’s aspirations to consolidate institutions, to offer more analyses, to formulate proposals to strengthen institutions, to continue criminal investigations that we carry out shoulder to shoulder with the Public Ministry, and to continue building the capacity of judicial institutions.”

CICIG’s record shows that, on balance, it has made unique, positive progress to meeting Guatemala’s need for prosecution of impunity and for reform.  The Washington Office on Latin America and other key observers have given CICIG high grades because, as WOLA said in a recent report, it has provided “important investigative tools for the prosecution of organized crime … [and] helped to resolve emblematic cases of corruption and it has dismantled powerful criminal networks deeply embedded in the state.”  Daniel Wilkinson, managing director of the Americas division at Human Rights Watch, told the Guatemalan El Periódico that CICIG has “almost been a miracle.”  While it’s made some mistakes, he said, “The surprising thing is everything that CICIG has achieved in these years” in high-profile cases.  InSight Crime notes that the recent case against extortionist Byron Lima, who had suborned the head of the prison system, was impressive.  InSight Crime and others also say, however, that CICIG “has proved unable to sufficiently reform the country’s judicial system.”  InSight Crime reported that, despite its $12 million a year budget, the body is still struggling to train and foster an independent judiciary – that is, encouraging Guatemalan justice to work on its own.

Velásquez and his team will face tough challenges in the new mandate.  There are rumors that President Pérez Molina – who previously said he wouldn’t extend CICIG under the “threat of blackmail” – intends to rein the body in, and the retrial of former dictator Ríos Montt, currently projected to be in 2017, looms on the horizon as a further test of Guatemalan resolve to deal with impunity.  Nonetheless, CICIG is nearly universally seen as providing assistance that all three countries of the “Northern Triangle” of Central America need – to foment rule of law, build confidence in justice, and clean up state institutions – and it has achieved reforms when the political will was sustained.  CICIG’s status as an advisory body in support of the government has enabled it to finesse the legal and political need to fully respect sovereignty.  Honduran and Salvadoran leaders have made statements suggesting openness to the idea but, apparently for different reasons, don’t want independent investigators upsetting the applecart.  Salvadoran President Sánchez Cerén has less to fear from examination of his administration and his predecessor’s record on impunity and organized crime, but he may be concerned that a CICIG-style unit would dangerously aggravate his opponents, who retain intimidating power through many sectors.  The failure to push for CICIG to realize its full potential in Guatemala and for similar mechanisms in El Salvador and Honduras will only slow the sort of reforms the Northern Triangle needs to overcome its political, social, and economic challenges crises.

May 4, 2015