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Immigration Policy and the Northern Triangle: Biden Administration's "Achilles Heels"

Editores | 08/12/2021 00:13 | Analyses
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On November 26th, we published in this Latino Observatory an analysis of the growing frustration of Joe Biden voters with the direction of the United States in the last 11 months. According to the latest polls, this frustration has influenced the president's low popular approval ratings. In part, this is due to the lack of concrete actions to fulfill many of its electoral promises. In 2020, Biden presented a reformist government platform to create a new immigration policy and increase public spending to leverage infrastructure works and energy conversion, which could generate jobs and give new economic boost to the country. However, due to the lack of articulation in Congress, including with Congress members from the Democratic Party itself, and due to restrictions from the Supreme Court, little has been seen of changes so far, especially concerning immigration policy.

The subject of immigration is susceptible for Latino/Hispanic communities in the United States, whether due to the legalization of undocumented immigrants, the regularization of adolescents, or the policy of granting asylum to people at risk, notably in the so-called The Northern Triangle of Central America (NTCA). Concerning the last point, nothing has advanced since Biden's inauguration due to the majority of the population's resistance to the relaxation of rules and the refusal of the Supreme Court to modify the guidelines defined by the Donald Trump government, known as "Remain in Mexico". However, the expectation for changes in this field eroded after the agreement announced on December 2nd by the governments of Washington and Mexico on the continuation of this policy, which compels applicants for humanitarian asylum in the United States to remain in Mexico to await the analysis of the claims by the US immigration authorities.

From the perspective of the Mexican government, the agreement with US immigration authorities came after Washington accepted the humanitarian concerns of Lopez Obrador's government, including providing more resources to shelters and international organizations for the protection of vulnerable groups, the respect for local conditions of security and protection, shelter and service capacity of the National Institute of Migration, as well as the application of measures against COVID-19, such as medical check-ups and the availability of vaccines for migrants. For humanitarian and temporary reasons, the Government of Mexico decided that migrants who already have an appointment to appear before an immigration judge in the United States to seek asylum in that country won't deport to their countries. 

As a result of this understanding, on December 6th, the United States resumed its "Remain in Mexico" policy and began returning asylum seekers from other Latin American countries to Mexico, where they are forced to wait while their case is evaluated. Due to this policy, asylum seekers await the screening interview in Mexican border towns, where vulnerable people have suffered from actions by local criminal groups, such as rape, robbery, extortion, and kidnapping. Given this situation, the Dr. Raul Ruiz, M.D, president of the Latin lobby group Congressional Hispanic Caucus (CHC), on December 2nd, released the following note: "The CHC is deeply concerned by the Biden Administration's announcement that it will reinstate the Remain in Mexico policy in compliance with a court order," said Chair Dr. Raul Ruiz. "This anti-immigrant policy by the Trump Administration has placed thousands of vulnerable migrants in harm's way. The CHC applauded the Administration's efforts to terminate the program in October and we strongly disagree with the court order forcing the reinstatement of this inhumane policy. The CHC stands ready to continue our work with the Administration to build a humane, just, and efficient immigration system that is consistent with our American values." 

The problem of immigration (legal and illegal) is related to the appalling living conditions in Latin American countries, even before the outbreak of the Covid-19 pandemic, but which was greatly aggravated by it. A large part of the migrants currently concentrated in Mexico and awaiting asylum in the United States come from the so-called Northern Triangle of Central America (TNAC), which encompasses the territories of El Salvador, Honduras, and Guatemala. In the fiscal year 2021 (which ended in September), 684,000 people from Honduras, Guatemala, and El Salvador were detained by the border police, surpassing the number of Mexicans (609,000).

The Northern Triangle countries are marked by poverty, low per capita income, high unemployment rates, and, above all, by violence related to the performance of organized crime, such as drug cartels and "maras." Young immigrants created these gangs in the United States, initially from El Salvador, but spread to other immigrant communities, such as Mexicans and Hondurans. Nowadays, they are also acting in the countries of origin of these immigrant communities. Maras groups are involved in various crimes, such as arms trafficking, assaults, car theft, drug trafficking, extortion, identity theft, illegal gambling, illegal immigration, kidnapping, money laundering, prostitution, and arson. Indicators of violence in this region, such as murders, outnumber countries at war. NTCA countries have also suffered from political instability, widespread corruption, and more recently climate-change-related environmental disasters such as increasingly severe hurricanes.

The immigration crisis, the Northern Triangle of Central America, and the Biden government

The Biden government plan released during the 2020 electoral campaign addressed special attention to the challenge faced by the migration crisis related to the Northern Triangle: "Joe Biden knows that the most effective and sustainable way to reduce migration from the Northern Triangle is to comprehensively address its root causes – the factors pushing people to leave their countries in the first place – because he's done it before. (...) As president, Biden will immediately do away with the Trump Administration's draconian immigration policies and galvanize international action to address the poverty and insecurity driving migrants from the Northern Triangle to the United States. Central American governments and societies have a primary responsibility to address the drivers of emigration in their own countries, but the depth of the necessary reforms require sustained international assistance and cooperation. Renewed U.S. leadership is desperately needed, and must be complemented by private sector investment, the support of the international donor community, and a commitment by regional governments to undertake fundamental reforms.".

In the government, Biden appointed Vice President Kamala Harris, on March 24th, as responsible for articulating a policy to tackle the roots of the migration crisis in the NTCA. According to Biden: "I've asked her, the VP, today — because she's the most qualified person to do it — to lead our efforts with Mexico and the Northern Triangle and the countries that help — are going to need help in stemming the movement of so many folks, stemming the migration to our southern border. (...) We're already talking with Mexico about that; she's already done that. We're going to be dealing with a full team now that we have to be able to deal with the problem here at home, but also to deal with it now in terms of in country." 

On March 27th, Kamala Harris issued a "call to action" in which he urged private companies to invest in NTCA countries to encourage inclusive development and create employment opportunities for the local population. According to the White House, Harris stated: "Our comprehensive strategy to address the root causes of migration will involve significant commitments of U.S. government resources to support the long-term development of the region — including efforts to foster economic opportunity, strengthen governance, combat corruption, and improve security. This approach will leverage commitments and resources from the governments in the Northern Triangle, as well as partnerships with multilateral development banks and international financial institutions. Supporting the long-term development of the region, and in the Western Hemisphere more broadly, will require more than just the resources of the U.S. government. (...) The Administration looks forward to increased collaboration with private companies — U.S., foreign, and local in the Northern Triangle and Latin America more broadly — to build upon this Call to Action in the months and years to come." 

Trying new articulations to take forward the Biden government's new approach, Ricardo Zúniga, Special Envoy for the Northern Triangle, traveled to Guatemala and El Salvador between April 5 and 8, 2021, as well as speaking with the Honduran chancellor on April 9. At a press conference that day, Ricardo Zúniga said he had met with the government of Guatemala and El Salvador and representatives of civil society, the press, and business. According to him: "And so our commitment has to be not just to deal with the acute drivers of migration, but really dealing with the short-, medium-, and long-term problems if we want to see systemic and sustainable change, which, really, that's our objective. And thanks to the leadership of the Vice President, we've organized ourselves as a government to make cooperation stronger and more of a reality, a tangible reality for governments in the region. We're also addressing structural problems that have affected so many lives in Central America, whether they regard insecurity or lack of opportunities or corruption. Our goal is to work with the people of Central America to create safe, prosperous, democratic societies where citizens can build their own lives with dignity. At the center of our efforts, again, is this fight against corruption and impunity and fostering the conditions that provide for growth, especially in the vital small – and medium-sized business sector which drives – in which so many people are employed in the region.

Two months later, Vice President Kamala Harris visited Mexico and Guatemala, when, among other things, to address the immigration crisis at the NTCA. On June 8, in Guatemala, Harris highlighted the goals of his trip: "Mr. President, I'm very proud that this is my first foreign trip as Vice President of the United States. And it is a reflection of the priority that the President and I have placed on this region of our world. We are neighbors. And the position of the United States is that we then are interconnected. We share familial bonds. We share bonds that are historic. And it is important that, as we embark on a new era, that we recognize the significance and the importance of this relationship as neighbors. We also believe the world is, more than ever before, so obviously interconnected and interdependent. 

And there are many issues that have made that clear — including, most recently, the Covid-19 pandemic. So it is in our collective interest that we work together where we can find the possibility of solving problems that are longstanding, problems that are both based on root causes, and have manifested themselves in terms of acute factors". 

On June 9th, for the instance of Harris' visit to Mexico, a joint communiqué addressed the problem of illegal immigration and the promise of shared work between the United States and Mexico: "The governments of the United States and Mexico signed a memorandum of understanding to establish a strategic partnership to address the lack of economic opportunities in northern Central America. The two governments will work together to foster agricultural development and youth empowerment programs in El Salvador, Honduras, and Guatemala and will co-create and co-manage a partnership program enabling them to better deliver, measure, and communicate about assistance to the region". 

Following Kamala Harris' visit, the White House on June 15th announced a series of measures to alleviate the migration crisis on the southern border, such as better treatment for unaccompanied children, the removal of barriers to reunifying immigrant families, the improving immigration management, especially concerning human trafficking, and finally addressing the structural causes of the migration crisis

It is important to note that despite a series of speeches and directives, nothing has changed in practical terms in US immigration policy, including violence against civilians, as was the case with the use of troops on horseback to repress Haitian migrants on the border with Mexico. The continuity of the "Remain in Mexico" policy is the most apparent evidence of this.

Before concluding this analysis, it is worth mentioning the US government's role in the internal affairs of Guatemala and El Salvador. On September 20th, Secretary of State Antony Blinken announced sanctions on seven personalities in El Salvador and Guatemala because their actions undermined democracy and obstructed corruption investigations in those countries. The seven authorities (five Supreme Court judges from El Salvador and two attorneys from Guatemala) violated the United States Undemocratic and Corrupt Actors list under section 353 of the United States–Northern Triangle Enhanced Engagement Act, which perpetrators ineligible for visas and admission to the United States. 

The US government took another measure by the Department of Justice's Anti-Corruption Task Force, on October 15th, launched new measures to fight corruption in Central America. In the justification for the new actions, the DoJ cites Kamala Harris' trip to the region: "As the Vice President recognized during her visit to Guatemala earlier this year, corruption and impunity in the region undermine democracy, fuel irregular migration, and pose a threat to our national security because they sustain criminal organizations and transnational crime," said Assistant Attorney General Kenneth A. Polite Jr. of the Justice Department's Criminal Division."  

Also, according to the statement, "The work of the Task Force is also supported by special agents of the FBI's International Corruption Unit, the U.S. Drug Enforcement Administration, and the U.S. Department of Homeland Security. Allegations will be investigated by these law enforcement agencies, working in cooperation with the legal attachés and country representatives at our U.S. embassies, as well as with the Justice Department's Task Force and the Department's Office of International Affairs."  

Finally, it is interesting to note that the United States' proposals to promote the development of the Northern Triangle of Central American countries are still on the drawing board. Further on, we may discuss the investment proposals related to the Build Back Better World (B3W) project and the articulations associated with "nearshoring," initiatives to be applied to create better conditions for Latin American countries, and not only for the Northern Triangle.

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