Central American Countries’ Northward Busing of South American Immigrants

This October, the Costa Rican government declared a national emergency and formed a plan with Panama to shuttle migrants [on buses] from its southern border to its northern one. Costa Rican officials say the busing program has removed . . . [a migrant encampment], as well as alleviated the strain on border communities and provided people a safer alternative to paying human smugglers. A similar busing program has been adopted by Honduras.[1]

This Costa Rican program is in response to a “doubling the number of crossings from [200,000] last year and leading to a massive tent encampment along Costa Rica’s borders, complaints from business owners and a rise in abusive smuggling operations.”

This development “has raised alarms in the United States, which has called on its Latin American allies to deter people from making the treacherous journey north by encouraging them to apply for refugee status closer to their home countries.” U.S. officials have also argued that the busing routes only incentivize more migrants to flee their homes and make the dangerous journey to the U.S. border. Their Central American counterparts argue migrants are already set on traveling to the United States and the busing system is making the journey less dangerous.”

“The busing program is not free, and has added one more fee to the many that migrants are confronted with on their costly journey north. . . . In Panama, each person must pay $60 to be bused to Costa Rica’s main terminal. They then must pay another $30 to board a shuttle that will take them to the Nicaraguan border. The fees are collected by the bus companies, which are licensed by the governments.”

This busing “can also be dangerous. Earlier this year, at least 39 people were killed when a bus ferrying migrants through Panama fell from a cliff. Last month, 18 migrants died in a bus crash in Mexico and a crash in Honduras left four dead and a dozen injured.”

It should also be mentioned that Panama is in the midst of violent protests about a government contract that allows a Canadian company to expand its copper mining operations here and whether the country should preserve its natural resources or develop them.[2]

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[1] Youngs & Bolanos, A New Answer for Migrants in Central America: Bus Them North, N.Y. Times (Nov, 8, 2023).

[2] Salcedo, Why ordinarily quiet Panama has erupted in deadly protests, Wash. Post (Nov. 8, 2023).

Worsening of Cuba’s Economic and Humanitarian Programs 

Cuba has been experiencing frequent electrical blackouts that have been intensifying after the G77+China summit held on the island (in mid-September). These outages last six to seven hours and can occur several times during the day.[1]

At night, people cannot stay in their homes because of the heat and go outside to sit on stools on sidewalks and talk with neighbors. Refrigerators break and cannot be repaired for lack of parts. A self-employed operator of a daycare center said, “We are without food, without medicine, without money and without electricity. We are going from bad to worse, we are walking two steps forward and ten steps back.”

On September 27, the Cuban government announced that  blackouts due to fuel shortages in Cuba , which are added to the frequent breakdowns in the island’s thermoelectric plants, will extend in the coming days because the country will not receive the necessary oil shipments.

In June-July Mexico sent 1,050,000 barrels of crude oil to Cuba free of charge. But Mexican financial issues are forcing it to terminate such free shipments.

On a Cuban television program Deputy Prime Minister and Minister of Economy, Alejandro Gil Fernández, and Vicente de la O Levy, Minister of Energy and Mines, said that these blackouts will also affect passenger transportation and economic activity, as well as the distribution of water in pipes , on which many communities on the Island depend for supply, among other vital activities.

These officials also said “We will not be able to maintain the same levels” of transportation and instead will promote teleworking. The current situation is due to the deficit in electricity generation due to fuel shortages. Some of the imported fuel was of poor quality that requires mixing and complicates distribution.

Senor Fernandez said that the regime does not have foreign currency to pay for the import of products included in the increasingly scarce food ration book . In October there will be pressure to meet the deliveries of milk and bread for young children. Part of this problem is due to this year’s inflation exceeding 20%.

Reactions

For a fuller understanding of this situation on the island, we will have to pay close attention to ongoing news.

=========================

[1] Perez, The blackout crisis worsens: “the power outages have now lasted only two hours. Diario de Cuba (Sept. 27, 2023);More blackouts, less transportation and teleworking: the fuel shortage will worsen in Cuba, the government announces, Diario de Cuba (Sept. 28, 2023); The meager basic basket at risk: the regime says it is unable to import food and pay in foreign currency, Diario de Cuba (Sept. 28, 2023) ;Reyes, The ‘contingency’ is coming: the Cuban Government announces a new twist to the crisis, Diario de Cuba (Sept. 27, 2023);Mexico will not be able to give more oil to Cuba, its Government announces, Diario de Cuba (Sept. 27, 2023);Reuters, Cuban officials warn of increased blackouts due to fuel shortages, Guardian (Sept. 28, 2023); Martin, Mexico Mulls Charging Cuba for Oil as Cost of Donating It Climbs, Wash. Post (Sept. 26, 2023).

 

 

 

Increasing Migrant Crossings at U.S. Border Call for Legal Changes

This July more than 130,000 migrants were apprehended at the U.S.-Mexico border. The fastest growth in this immigration, with 40,000 of the total, was in the Border Patrol’s Tucson sector, which comprises most of Arizona, which was the most since April 2008. U.S. authorities attribute this increase to smugglers now guiding migrants to the border across the most remote and harsh stretches of the Arizona desert between Yuma and Tucson to avoid detection. [1]

Crossing in desert areas in the summer can be deadly, with ground temperatures well exceeding 100 degrees Fahrenheit at times, officials say. Such extreme conditions have led to a spike in 911 calls.  Agents responding to such calls for help routinely find dozens or even hundreds of migrants in need of aid and trying to surrender to arriving border agents.

Cuba is experiencing growth in out-migration. Social-media advertisements on the island have recently increased offering door-to-door transportation to the U.S. through flights from Cuba to Nicaragua and ground travel across Central America and Mexico. Although new Biden policies require Cubans to have a U.S. citizen-sponsor for legal entry to the U.S., many Cubans do not have such sponsors and some officials say, “For ordinary Cubans, finding a sponsor who has money in the U.S. is Mission Impossible.”[2]

Another indication of this migrant pressure is the recent guilty plea by the owners of a Williamsburg, Virginia cleaning business who operated a “labor trafficking enterprise” that smuggled over 100 migrants from El Salvador, including minors, and forced them to work in U.S. under threats of violence and deportation.[3]

Recommended Changes

 Andrea R. Flores, who served as an immigration policy adviser in the Obama and Biden administrations, says, “Until Congress finds the political will to act, the president should use his authority to relieve pressure on our asylum system and give migrants the ability to legally work once they reach the United States.”[4] To that end, she recommends the following:

  • “While far from perfect, the Biden administration’s parole program for Cubans, Haitians, Nicaraguans and Venezuelans could serve as a model for what is possible. This policy provides safer options to people who are unlikely to meet the legal requirements for asylum, but who still have urgent humanitarian reasons to flee their homes.”
  • The President should “use his authority to grant Temporary Protected Status to the hundreds of thousands of Venezuelans who lack work authorization, which would be a boon for immigrants and the communities that welcome them. A 2023 analysisby FWD.us, a bipartisan group founded by American business leaders that favors more humane immigration reform, found that T.P.S. holders contribute $22 billion in wages annually to the U.S. economy.”
  • “The administration should also act quickly to increase the number of appointments at ports of entry; add new countries eligible for parole; lift caps on countries with urgent resettlement needs, as it did for Ukraine; and invest resources in adjudicating asylum cases expeditiously.”

Noted commentator, Fareed Zakaria, points out the obvious: “America’s immigration system is broken.” [5]Therefore, he says the following: “The laws and rules around asylum must be fixed so that immigration authorities can focus on the small number of genuine asylum seekers while compelling the rest to seek other legal means of entry. At the same time, it’s important to note that the United States is facing a drastic shortfall of labor and must expand legal immigration in many areas for just that reason. We urgently need to attract the world’s best technically skilled people so that they can push forward the information and biotech revolutions that are transforming the economy and life itself. With unemployment rates around 50-year lows, it is obvious that we need more workers in many sectors of the economy, from agriculture to hospitality. If this is done in a legal and orderly manner, Americans will welcome the new workers.”

Therefore, he says Biden “should propose an immigration bill that is genuinely bipartisan and forces compromises from both sides. It would be one more strong dose of evidence that policy can triumph over populism.” Good luck on doing that.

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[1] Perez & Caldwell, Migrant Crossings on the Rise Again at U.S. Border,W.S.J. (Aug. 12, 2023); Miroff & Sacchetti, Border arrests surged in July, a blow to Biden immigration plan, Wash. Post (Aug. 1, 2023).

[2] Perez & Caldwell, Migrant Crossings on the Rise Again at U.S. Border, W.S.J. (Aug. 12, 2023).

[3] Paul, Laundry company owners guilty of trafficking migrants, minors for labor, Wash. Post (Aug. 13, 2023).

[4] Flores, We Know What Doesn’t Work at the Border. Here’s a Better Solution, N.Y. Times (Aug. 10, 2023).

[5] Zakaria, Immigration can be fixed. So why aren’t we doing it?, Wash. Post (Aug. 11, 2023).

 

Department of Homeland Security Announces Important Proposed Rules To Improve Immigration Laws and Border Security

On January 5, 2023, the U.S. Department of Homeland Security  (DHS) announced that it is continuing to prepare for (a) “the end of the Title 42 public health order” that calls for the U.S. to refuse to admit certain migrants at the U.S. borders and (b) the “return to processing all noncitizens under the Department’s Title 8 immigration authorities.” [1}

To that end, the DHS announcement stated the following:

  • “DHS is establishing new parole processes for Cubans, Haitians, and Nicaraguans, modeled on the successful processes for Venezuelans and Ukrainians, which combine safe, orderly, and lawful pathways to the United States, including authorization to work, with significant consequences for those who fail to use those pathways. We are also continuing the process with respect to Venezuelans.”
  • “Through the CBP One app, we are also providing a new mechanism for noncitizens to schedule appointments to present themselves at ports of entry, facilitating safe and orderly arrivals. Initially this will be used for those seeking an exception from the Title 42 public health order. Once the Title 42 order is no longer in place, CBP One will be used to help ensure safe and orderly processing at ports of entry.”
  • “DHS is increasing and enhancing the use of expedited removal under Title 8 authorities for those who cannot be processed under the Title 42 public health order. These efforts include surging personnel and resources and enrolling individuals under the asylum processing interim final rule published in March 2022.”
  • “As a complement to these efforts, and in response to the unprecedented surge in migration across the hemisphere and to reduce encounters at our border, DHS and the Department of Justice (DOJ) intend to shortly issue a proposed rule that will, subject to public comment, incentivize the use of the new and existing lawful processes available in the Unites States and partner nations, and place certain conditions on asylum eligibility for those who fail to do so.”
  • “DHS will continue to monitor developments on the southwest border and will accelerate or implement additional measures, as needed, consistent with applicable court orders.”

The DHS Secretary, Alejandro N. Mayorkas, commented on these changes: “We can provide humanitarian relief consistent with our values, cut out vicious smuggling organizations, and enforce our laws.  Individuals without a legal basis to remain in the United States will be subject to prompt expulsion or removal. Individuals who are provided a safe, orderly, and lawful path to the United States are less likely to risk their lives traversing thousands of miles in the hands of ruthless smugglers, only to arrive at our southern border and face the legal consequences of unlawful entry.”

Country-Specific Enforcement Processes

Last October DHS established “a safe and lawful pathway” for Ukrainians and Venezuelans to enter the U.S. and “a consequence for failing to use that pathway,” and the January 5th announcement “establishes similar processes for Cubans, Haitian, and Nicaraguan nationals who face unique challenges in their home countries” while “the Venezuelan process also will continue.”

“These processes will provide a lawful and streamlined way for qualifying nationals of Cuba, Haiti, Nicaragua, and Venezuela to apply to come to the United States, without having to make the dangerous journey to the border. Through a fully online process, individuals can seek advance authorization to travel to the United States and be considered, on a case-by-case basis, for a temporary grant of parole for up to two years, including employment authorization, provided that they: pass rigorous biometric and biographic national security and public safety screening and vetting; have a supporter in the United States who commits to providing financial and other support; and complete vaccinations and other public health requirements. . . .These processes will allow up to 30,000 qualifying nationals per month from all four of these countries to reside legally in the United States for up to two years and to receive permission to work here, during that period.”

However, this new process “is contingent on the Government of Mexico’s willingness to accept the return or removal of nationals from those countries. It also is responsive to a request from the Government of Mexico to provide additional legal pathways for migrants, and it advances both countries’ interests in addressing the effects throughout the hemisphere of deteriorated conditions in these countries.”

Safe and Orderly Processes at Ports of Entry

“To facilitate the safe and orderly arrival of noncitizens seeking an exception from the Title 42 public health order, DHS is expanding use of the free CBP One mobile app for noncitizens to schedule arrival times at [the following] ports of entry: [Arizona: Nogales; Texas: Brownsville, Hidalgo, Laredo, Eagle Pass, and El Paso (Paso Del Norte); and California: Calexico and San Ysidro (Pedestrian West – El Chaparral).]”

“Individuals do not need to be at the border to schedule an appointment; expanded access to the app in Central Mexico is designed to discourage noncitizens from congregating near the border in unsafe conditions. Initially, this new scheduling function will allow noncitizens to schedule a time and place to come to a port of entry to seek an exception from the Title 42 public health order for humanitarian reasons based on an individualized assessment of vulnerability. This will replace the current process for individuals seeking exceptions from the Title 42 public health order, which requires noncitizens to submit requests through third party organizations located near the border.”

“Once the Title 42 public health order is no longer in place, this scheduling mechanism will be available for noncitizens, including those who seek to make asylum claims, to schedule a time to present themselves at a port of entry for inspection and processing, rather than arriving unannounced at a port of entry or attempting to cross in-between ports of entry. Those who use this process will generally be eligible for work authorization during their period of authorized stay.”

“During their inspection process, noncitizens must verbally attest to their COVID-19 vaccination status and provide, upon request, proof of vaccination against COVID-19 in accordance with Title 19 vaccination requirements.”

Enhanced Use of Expedited Removal

“We will comply with the court orders that require us to continue enforcing the Title 42 public health order. There are, however, migrants who cannot be expelled pursuant to Title 42 authorities and as a result are processed under Title 8 authorities. For those processed under Title 8, we are increasing and enhancing our use of expedited removal, which allows for the prompt removal of those who do not claim a fear of persecution or torture or are determined not to have a credible fear after an interview with an Asylum Officer, in accordance with established procedures.”

“This enhanced expedited removal process will include: dedicating additional resources including personnel, transportation, and facilities; optimizing processes across DHS and DOJ; and working with the State Department and countries in the region to increase repatriations. We also will continue to process individuals under the interim final rule published in March 2022 outlining procedures for U.S. Citizenship and Immigration Services to process asylum requests for noncitizens found to have a credible fear. Together, these measures will allow for the prompt removal of those who do not have a legal basis to stay and improve our overall preparedness for when the Title 42 public health order is lifted. Individuals removed under Title 8 are subject to a five-year bar on admission and potential criminal prosecution should they seek to reenter.”

Notice of Proposed Rulemaking

“DHS and DOJ intend to issue a proposed rule to provide that individuals who circumvent available, established pathways to lawful migration, and also fail to seek protection in a country through which they traveled on their way to the United States, will be subject to a rebuttable presumption of asylum ineligibility in the United States unless they meet exceptions that will be specified. Individuals who cannot establish a valid claim to protection under the standards set out in the new rule will be subject to prompt removal under Title 8 authorities, which carries a five-year ban on reentry.”

“Taken together, these efforts will: reduce irregular migration by disincentivizing migrants from taking the dangerous journey to the southwest border of the United States and attempting to cross without authorization; significantly expand lawful pathways to the United States for vetted individuals; and reduce the role for – and profits of – smuggling networks that callously endanger migrants’ lives for personal gain.”

“These new measures complement ongoing efforts to increase refugee resettlement from the Western Hemisphere. The U.S. Government intends to welcome at least 20,000 refugees from Latin America and the Caribbean in Fiscal Year 2023 and 2024, putting the United States on pace to more than triple refugee admissions from the Western Hemisphere this Fiscal Year alone. This delivers on the President’s commitment under the Los Angeles Declaration for Migration and Protection to scale up refugee admissions from the Western Hemisphere.”

DHS “is taking these measures in light of Congress’s failure to pass the comprehensive immigration reform measures President Biden proposed on his first day in office and the economic and political instability around the world that is fueling the highest levels of migration since World War II, including throughout the Western Hemisphere. . . . The actions announced today are part of the Biden-Harris Administration’s ongoing commitment to enforce our laws and build a fair, orderly, and humane immigration system, and build on efforts outlined in the Department’s December 2022 Update on Southwest Border Security and Preparedness. Today’s announcements also show the imperative of partner countries working together, as agreed in the Los Angeles Declaration following the Summit of the Americas, to take action against smugglers and provide protection to asylum seekers. Hemispheric challenges require hemispheric solutions.”

“The steps we are taking reflect the constraints of our outdated statutes, which have not been updated in decades and were designed to address a fundamentally different migratory reality than that which exists today along the southwest border and around the world. As it has since its first day in office, the Biden-Harris Administration continues to call on Congress to pass legislation that strengthens border security, holistically addresses the root causes of migration, and improves legal pathways. We also encourage Congress to provide critical funding and advance bipartisan efforts to create a fair, fast, and functioning asylum system – enabling those who merit protection to quickly receive it, and those who do not to quickly be removed. In the absence of such action, the Administration is committed to pursuing every avenue within its authority to secure our borders, enforce our laws, and stay true to our values as we build safe, orderly, and humane processes.”

This Blog’s Reaction to the DHS Announcement

This blog recently has criticized the failures of Congress and the Administration to attempt to modify and update the many failings in our immigration laws.[2] Thus, DHS needs to be congratulated for making this timely and cogent announcement of ways to meet these challenges while all others involved in making, enforcing and complying with these laws need to rise to the challenges.

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[1]  DHS, DHS Continues to Prepare for the End of Title 42; Announces New border Enforcement Measures and Additional Safe and Orderly Processes (Jan.5, 2023).

[2] See these posts to dwkcommentaries.com: Need To Prod Congress To Enact the Afghan Adjustment Act (Dec. 17, 2022); Apparent Failure To Enact Bipartisan Immigration Bills (Dec. 18, 2022); Comment: Retired U.S. Military Leaders Support Afghan Adjustment Act (Dec. 19, 2022); Congress Fails To Adopt Important Immigration Legislation (Dec. 28, 2022); Comment: Omnibus Act Creates 4,000 New Special Visas for Afghans (Dec. 29, 2022); Comment: Speculative Interpretation of Supreme Court Decision of Title 42 Case (Dec. 29, 2022); Comment: Other Reactions to Failure To Adopt Immigration Reform (Dec. 31, 2022); U.S. Procedures for Resettlement of Ukrainians (Jan.3, 2023).

 

 

 

 

 

The Need To End Minority Rule in U.S.       

Harvard professors of government, Steven Levitsky and Daniel Ziblatt, make a convincing case that the structure of the U.S. government has permitted minority rule in the U.S. and they propose ways to change that structure to reduce the enabling of such minority rule.[1] We will examine their arguments about structure and reform. Then a couple of other ways to change one part of that structure—the Electoral College–will be proposed by this blog followed by looking at another critique of the current U.S. government structure provided by Larry Diamond of the Hoover Institute at Stanford University.

Existing Structure Enabling Minority Rule

 “Democracy is supposed to be a game of numbers: The party with the most votes wins. In our political system, however, the majority does not govern. Constitutional design and recent political geographic trends — where Democrats and Republicans live — have unintentionally conspired to produce what is effectively becoming minority rule.”

“Our Constitution was designed to favor small (or low-population) states. Small states were given representation equal to that of big states in the Senate and an advantage in the Electoral College, as we are seeing in this year’s presidential election. What began as a minor small-state advantage evolved, over time, into a vast overrepresentation of rural states. For most of our history, this rural bias did not tilt the partisan playing field much because both major parties maintained huge urban and rural wings.”

“Today, however, American parties are starkly divided along urban-rural lines: Democrats are concentrated in big metropolitan centers, whereas Republicans are increasingly based in sparsely populated territories. This gives the Republicans an advantage in the Electoral College, the Senate and — because the president selects Supreme Court nominees and the Senate approves them — the Supreme Court.”

Moreover, “recent U.S. election results fly in the face of majority rule. Republicans have won the popular vote for president only once in the last 20 years and yet have controlled the presidency for 12 of those 20 years. Democrats easily won more overall votes for the U.S. Senate in 2016 and 2018, and yet the Republicans hold 53 of 100 seats. The 45 Democratic and two independent senators who caucus with them represent more people than the 53 Republicans.”

“This is minority rule.”

“The problem is exacerbated by Republican efforts to dampen turnout among younger, lower-income and minority voters. Republican state governments have purged voter rolls and closed polling places on college campuses and in predominantly African-American neighborhoods, and since 2010, a dozen Republican-led states have passed laws making it more difficult to register or vote.”

Levitsky & Ziblatt’s Proposed Reforms

Eliminate the electoral college by constitutional amendment. This is not easy. Under Article V of the Constitution, the Congress shall propose amendments “whenever two-thirds of both Houses shall deem it necessary [Senate (2/3 x 50 = 33.3) and House (2/3 x 435 = 290). Or under Article V, the Congress shall call a Convention for proposing amendments “whenever . . . two-thirds of the Legislatures of the . . .States [currently 2/3 x 50 = 33.3] apply for such a convention). I agree.

Eliminate the filibuster, which has meant that “meaningful legislation now effectively requires 60 votes, which amounts to a permanent minority veto.”[2 ] This would require a Senate vote to change its rules. Under the current Senate Rules, I believe that would require a vote of at least 60 senators, but whenever a new congress convenes as it will do in January 2021, I believe it may do so by majority vote.   (Please advise by comments to this post if these beliefs about Senate Rules are wrong.).) I agree.

Offer statehood to Puerto Rico and the District of Colombia, “which would provide full and equal representation to nearly four million Americans who are currently disenfranchised.” I agree.

Defend and expand “the right to vote. “HR-1 and HR-4, a package of reforms approved by the House of Representatives in 2019 but blocked by the Senate, is a good start. HR-1 would establish nationwide automatic and same-day registration, expand early and absentee voting, prohibit flawed purges that remove eligible voters from the rolls, require independent redistricting commissions to draw congressional maps, and restore voting rights to convicted felons who have served their time. HR-4 would fully restore the 1965 Voting Rights Act, which was gutted by the Supreme Court’s Shelby County vs. Holder ruling in 2013.” I agree.

Other Suggestions Regarding the Electoral College

There are at least two other methods of changing the anti-democratic nature of the current Electoral College that, at least in part, would not require constitutional amendment.

First. Peter Diamond, professor emeritus at M.I.T. and a 2010 Nobel laureate in economics, has suggested a constitutional amendment that would require each state to divide its electoral vote between the two leading candidates within the state in accordance with the popular vote. For example, a state with an even split in the popular vote and 10 electoral votes would allocate 5 such votes to each candidate.[3]  Yes, such a change would require such an amendment since it would require all states to do it this way.

Or each state independently could decide to do just that, without a constitutional amendment, since Article II, Section 1 of the Constitution provides, “Each State shall appoint, in such Manner as the Legislature thereof may direct,” the Electors to which it is entitled. (Emphasis added.)  It, however, seems unlikely that all 50 states independently would decide to do this as a matter of each state’s laws.

Another way of changing the anti-democratic nature of the Electoral College is approval by additional states of the existing National Popular Vote Interstate Compact, which requires signatory states to award all their electoral votes to whichever presidential candidate wins the overall popular vote in the 50 states and the District of Columbia once the Compact is signed by states with at least 270 electoral college votes. As of October 2020 this compact had been adopted by 15 states and the District of Columbia, which have a total of 196 electoral college votes although one of the states (Colorado) has suspended its approval of the Compact.[4]

This proposal raises a number of legal issues. Some legal observers believe states have plenary power to appoint electors as prescribed by the Compact; others believe that the Compact will require congressional consent under the Constitution’s Compact Clause or that the presidential election process cannot be altered except by a constitutional amendment.

Another Challenging Critique of U.S. Government

Another challenging and surprising critique of the current governmental problems in the U.S. has been provided by Larry Diamond,  a senior fellow at the Hoover Institution and at Stanford University’s Freeman Spogli Institute for International Studies.[5]

According to Mr. Diamond, “Today, we are far closer to a breakdown than most democracy experts, myself included, would have dared anticipate just a few years ago. Even if we are spared the worst, it is long past time to renew the mechanisms of our democracy, learn from other democracies around the world and again make our republic a shining city on a hill.”

Moreover, “The very age of American democracy is part of the problem. The United States was the first country to become a democracy, emerging over a vast, dispersed and diverse set of colonies that feared the prospect of the ‘tyranny of the majority.’ Hence, our constitutional system lacks some immunities against an electoral debacle that are common in newer democracies.”

Today, he asserts, “The American [election] system is a mishmash of state and local authorities. Most are staffed by dedicated professionals, but state legislatures and elected secretaries of state can introduce partisanship, casting doubt on its impartiality. No other advanced democracy falls so short of contemporary democratic standards of fairness, neutrality and rationality in its system of administering national elections.”

In contrast, “even though Mexico is a federal system like the United States, it has a strong, politically independent National Electoral Institute that administers its federal elections. The Election Commission of India has even more far-reaching and constitutionally protected authority to administer elections across that enormous country. Elections thus remain a crucial pillar of Indian democracy, even as the country’s populist prime minister, Narendra Modi, assaults press freedom, civil society and the rule of law. Other newer democracies, from South Africa to Taiwan, have strong national systems of election administration staffed and led by nonpartisan professionals.”

In addition, “more recent democratic countries have adopted constitutional provisions to strengthen checks and balances. Like many newer democracies, Latvia has established a strong independent anti-corruption bureau, which has investigative, preventive and educational functions and a substantial budget and staff. It even oversees political and campaign finance. South Africa has the independent Office of the Public Protector to perform a similar role.”

In contrast, the U.S. “has no comparable standing authority to investigate national-level corruption, and Congress largely investigates and punishes itself.”

On another issue, newer democracies have taken “measures to depoliticize the constitutional court. No other democracy gives life tenure to such a powerful position as constitutional court justice. They either face term limits (12 years in Germany and South Africa; eight in Taiwan) or age limits (70 years in Australia, Israel and South Korea; 75 in Canada), or both. Germany depoliticizes nominations to its constitutional court by requiring broad parliamentary consensus. In other democracies, a broader committee nominates Supreme Court justices. In Israel this involves not just the executive branch but the parliament, some of the existing justices and the bar association.”

In contrast, the U.S. “lacks national checks on executive corruption and national guarantees of electoral integrity that have become routine in other democracies around the world. And nominations to our Supreme Court have become far more politicized than in many peer democracies.”

Conclusion

A proposal for changing the undemocratic  structure of the U.S. Senate will be discussed in a future post.

==============================

[1] Levitsky & Ziblatt, End Minority Rule, N.Y. Times (Oct. 23, 2020). Levitsky and Ziblatt also are co-authors of How Democracies Die, which was reviewed in the New York Times: Szalai, Will Democracy Survive Trump? Two New Books Aren’t So Sure, N.Y. Times Book Review (Jan 10, 2018).

[2] This blog has published posts that discuss the history of the filibuster rule, including modest reforms of the rule in 2013, and recent unsuccessful litigation challenging the constitutionality of the filibuster.

[3]  Diamond, Letter to the Editor: Let States Split the Electoral College Votes, N.Y. Times (Oct. 29, 2020).

[4] National Popular Vote, Inc., National Popular Vote!National Popular Vote Interstate Compact, Wikipedia.

[5] Diamond, I’m a Democracy Expert. I Never Thought We’d Be So Close to a Breakdown, N.Y. Times (Nov. 1, 2020).  Diamond is the author, most recently, of  “Ill Winds: Saving Democracy From Russian Rage, Chinese Ambition, and American Complacency,“ Penguin Random House, 2019, 2020).

Immigrants’ Stories from Worthington, Minnesota 

A previous post reviewed the Mayor of Worthington Minnesota’s defense of its large population of immigrants. Now, Andrea Durate-Alonso, a resident of that town and an American daughter of Mexican immigrants, has created an inspiring online collection of stories by the immigrants in that town. [1]

Her collection, entitled “Stories from Unheard Voices,” was prompted by her desire to debunk Donald Trump’s calling Mexican immigrants criminals and “rapists” in his 2016 presidential campaign. It documents an ”oral history” of the town’s immigrants: “Why did they come here? What are they escaping from? And how do their journeys shape the lives of their children?” Her interviews focus on individual experiences and empower the immigrants and their children to own their narratives and “feel human, to feel like they’re more than just undocumented, they’re more than just . . .immigrant[s]. They’re . . . actual human being[s] with feelings, with . . .emotions, who are more than just these other identities that they have.”

One of her interviewees, Elizabeth Coriolan, a Haitian-American, said it was a struggle for her to live in the town. “We have such a diverse environment around us in so many cultures. We can appreciate their art, their food, their language, their people, but in the same sense we hide them just so the Caucasians don’t feel uncomfortable.”

Another woman, named Teresa, left Mexico so her daughter could undergo surgery for a cancerous mole. She stayed, she said, “One comes to work, to fight, to get ahead to help also the family that one has in Mexico. I am already old, but my children here have a great future.”

Collecting these stories also has enabled Duarte-Alonso to re-evaluate her own life. “As a light-skinned Latina, she said she had privileges growing up.” Yet some said she was not “black enough” to be a Latina while others said she was not “white enough” to be white.

Duarte-Alonso was born in Dodge City, Kansas and with her father later moved to Worthington, after which she attended St. Catherine University in St. Paul, Minnesota. There she obtained a scholarship which helped fund her creation of this website.

Conclusion

Muchas gracias and felicitaciones, Andrea! Great idea to create this important contribution for  the people of Worthington, the State of Minnesota, the U.S., and the home countries of these human beings. I wish you every success as you continue your life’s journey!

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[1] Feshir, ‘Unheard Voices’ in Worthington now have their say, MPR News (Oct. 21, 2019); Stories from Unheard Voices (2019).

 

 

 

 

 

 

Minnesota’s Challenges of Declining, Aging Population

Minnesota has an aging, declining population coupled with shortages of skilled and other labor, as discussed in prior posts.[1] Here is additional information on that subject along with words about the problems of shortages of medical care in rural parts of the nation and the challenges of having more immigrants.

Skilled Labor Shortages[2]

As of September 30, 2019, “the number of job vacancies in Minnesota continues to climb and is now at the highest total on record — which state officials said continues to be of concern because it could slow economic growth. . . . More than half of the job vacancies were in the seven-county Twin Cities area. . . . While most of the openings statewide are in the health care and social assistance field, nearly 8% are in manufacturing.”

These shortages have led to employers expanding “job candidate lists to include older workers, people with disabilities, people of color and other groups sometimes marginalized from good-paying jobs.”

Other responses to these shortages include employers busing metro-area residents to companies in smaller nearby cities, buying houses to rent to new employees, investing in apartment buildings for renting to the newcomers, engaging in social media campaigns about the companies and their towns, designing high school courses for needed job skills, and sponsoring social activities for newcomers.

Warning signs of a downturn in the U.S. and Minnesota economy, however, threaten this demand for more skilled and other labor. On October 1, a report showed that nationwide factory activity in September fell to the lowest level since 2009, the last month of the Great Recession. As a result, some economists now consider the manufacturing sector to be in a recession. This  follows months of worrying earnings and other economic reports that signaled slowing economies around the world and heightened pressures as U.S. factories scrambled to deal with the shortage of skilled workers and the fallout from a volatile trade war with China.

Creighton University’s Economic Forecasting Group, which measures activity in Minnesota and eight other states including the Dakota, said through its Director, Ernie Goss, “Based on the last two months of surveys of manufacturing supply managers, both the U.S. and Mid-America economies are likely to move even lower in the months ahead.”  The probability of a recession during the first half of 2020 has “risen significantly” over the past few months.

Another expert, Thomas Simons, senior money market economist at Jefferies LLC, said that the Mid-America economy has been expanding in 2019 at a pace well below that of the nation and that  recent reports were “troubling,” “weaker than expected” and dragged down by “non-organic forces” such as the trade war and Boeing’s grounding of its entire fleet of 737 Max Jets. . .  Manufacturing itself is in a recession, but it does not mean that the overall economy is in a recession.” These thoughts were echoed by Tom Hainlin, national investment strategist at U.S. Bank Wealth Management in Minneapolis: “Easily the biggest issue that [manufacturing executives] talk about is trade. . . . The manufacturers are not just worried about the trade war between the Trump administration and China, but also unresolved trade agreements with Canada and Mexico, Germany’s weak economy and unfinished U.S. trade policies that affect Europe’s auto industry.”

Another bit of negative news came on October 1 when the World Trade Organization slashed its forecast for trade growth for this year and next. World trade in merchandise is now expected to expand by only 1.2 percent during 2019, in what would be the weakest year since 2009, when it plunged by nearly 13 percent in the midst of the worst global financial crisis since the Great Depression. The W.T.O. warned that intensifying trade conflicts posed a direct threat to jobs and livelihoods, while discouraging companies from expanding and innovating.

In response to this new negative news, global stock markets declined on October 1 and 2.

Medical Care Shortages [3]

Rural areas in Minnesota and other states also are facing shortages of primary-care physicians and other doctors. “In the medical desert that has become rural America, nothing is more basic or more essential than access to doctors, but they are increasingly difficult to find. The federal government now designates nearly 80 percent of rural America as ‘medically underserved.’ It is home to 20 percent of the U.S. population but fewer than 10 percent of its doctors, and that ratio is worsening each year because of what health experts refer to as “the gray wave.” Rural doctors are three years older than urban doctors on average, with half over 50 and more than a quarter beyond 60. Health officials predict the number of rural doctors will decline by 23 percent over the next decade as the number of urban doctors remains flat.”

One example of this shortage is the State of Texas, where “159 of the state’s 254 counties have no general surgeons, 121 counties have no medical specialists, and 35 counties have no doctors at all. Thirty more counties are each forced to rely on just a single doctor.”

A related problem is the closure of at least 113 rural hospitals in the U.S. since 2010. It, therefore, should not be surprising that “elderly patients are more likely to die when the nearest rural hospital closes and they have to travel farther for treatment of time-sensitive conditions such as heart attacks and strokes, according to a study by a new University of Minnesota health economist.” This study also invalidates  the theory that rural patients might do better after a hospital closes because they would travel farther for higher-quality care.

 Challenges of More Immigrants [4]

The Minnesota city of Worthington has been cited in this blog as an example of a city that has successfully welcomed and integrated immigrants. Its “population has surged from fewer than 10,000 in 1990 to more than 13,000 today and its residents expect it to exceed 14,000 in the near future with immigrants constituting roughly one-third of the population.  And the median age is under 36.”

“Some of the [Worthington] immigrants are entrepreneurs, who described the difficulties they had in getting their businesses started and frustration over lack of stores with their favorite foods and police forces still almost exclusively locally born white people. But they still expressed optimism about their future in this community.”

Worthington had recently been visited by “Neel Kashkari, the president of the Minneapolis Federal Reserve Bank. At a community meeting in the town he said, “If you do the math, there are three choices we have as a society. One choice is just accept slower growth. A second choice is to subsidize [human] fertility. Or number three, you can embrace immigration. Now the advantage we have in the U.S. is that, while we are not perfect, we are better than just about any other country at embracing immigrants and integrating them in our society.”

More recently, the Washington Post published a critical article about this small city as it struggles to meet the educational needs of the children of these immigrants and the costs of doing so.

This article reports that in the past six years, more than 400 unaccompanied minors have been placed in Worthington’s . . .[county]— the second most per capita in the country. . . . Their arrival has helped swell Worthington’s student population by almost one-third, forcing administrators to convert storage space into classrooms and teachers to sprint between periods, book carts in tow.” As a consequence, “the number of ELL [English language learner] students in Worthington has nearly doubled since 2013, to 35 percent of students. In the high school, where most unaccompanied minors are placed, it has almost tripled.”

In response, the Worthington school district has “scrambled to hire Spanish-speaking teachers, who are part educators, part parents, part therapists. Many unaccompanied minors live with unfamiliar relatives who offer little support. Teachers often fill the void, arriving early, staying late, even buying their students groceries.”

To meet this challenge, the school district over the last five years has “asked residents to approve an expansion of its schools to handle the surge in enrollment. Five times, the voters have refused” with another scheduled this Fall. According to this article, “The driving force [in this Trump-supporting county]behind the defeats has been a handful of white farmers,’ who provide a major portion of its tax base. One activist said, ““White people here don’t want to pay for people of color and undocumented children to go to school.”

The Executive Director of the Immigrant Law Center of Minnesota, Veena Iyer, disagreed  with the Washington Post article. She said, “Immigrants keep Worthington strong, growing, and working — and many residents welcome them. The Immigrant Law Center of Minnesota has worked in Worthington for more than a decade. We have seen many residents respond with welcome arms and generosity as one wave of immigrants after another arrived. This century’s immigrants reversed a decline in population and prosperity that threatened Worthington and that still characterizes too many rural communities. . . . These immigrants come from Guatemala and Mexico, and also from Laos, Myanmar and Ethiopia. In all, they come from 80 different countries and speak more than 40 languages. They are young — with an average age of 36 — and hardworking. Immigrants make large contributions to the local economy and help make Worthington a vibrant and dynamic community. . . . Immigrants remain a crucial part of Worthington’s past, its present and its hope for the future.”

The Washington Post article, however, spurred Michele Bachmann, the former Republican member of the House of Representatives from a district north of the Twin Cities and far away from Worthington, to write an article in the leading newspaper of the State, lamenting the “ideological civil war” in the town created by the immigrants’ causing “significant social disruption and severely strain[ing] local resources.”

Bachmann’s article prompted a letter to the editor from a former senior vice president of the Minnesota Chamber of Commerce, who voiced three criticisms of Bachmann. First, she failed to recognize that immigrants pay state and federal income and payroll taxes, sales taxes when they shop and real estate taxes whether they are homeowners or renters. Second, she also failed to recognize that immigrants “are significant contributors to the development and growth of our economy.” They “start businesses and help existing ones to grow” and replace “our retiring baby boomer workforce.” Third, she failed to suggest “ways to redesign [our broken immigration system] to support 21st century community growth and the development of our economy.”

 Impact of Lower Immigration Numbers [5]

The latest data from the Census Bureau’s American Community Service indicates that the net increase of immigrants in the U.S. population “dropped to almost 200,000 people in 2018, a decline of more than 70 percent from the prior year.” According to the Chief Demographer at the Brookings Institution, William Frey, said this “was likely caused to a more restrictive approach by the Trump administration.”

Mr. Frey also pointed out that of the 14 states with the lowest concentrations of foreign-born people, 12 voted for Mr. Trump in 2016. In half of those 12 states, Asians dominated recent immigrant gains and in 10 of those states, immigrants are more likely than native-born residents to hold bachelor’s degrees.

Another expert, David Bier of the Cato Institute, observed, “It’s remarkable. This is something that really hasn’t happened since the Great Recession. This should be very concerning to the administration that its policies are scaring people away.”

Also favoring more U.S. immigration was the Chair of the Latino Donor Collaborative, Sol Trujillo, who said if  “the U.S. Latino population were an independent economy, its gross domestic product would be the fastest-growing among the world’s developed economies. U.S. Latino GDP is now $2.3 trillion, as detailed in a new report that estimates the group’s economic output by measuring their share across 71 industries.” Continued growth of the U.S. economy requires the continued growth of Latino immigration to counteract the decline in U.S. labor-force growth.

In addition, Trujillo says, “Latinos also strengthen the economy by creating jobs. Latino entrepreneurs produce more than $700 billion annually. And as Latinos in the U.S. have become wealthier, they increasingly contribute to the economy as consumers. They account for nearly 30% of America’s growth in real income. With that comes purchasing power, and from 2010-17 real consumption by Latinos in the U.S. grew 72% faster than the rest of the population.”

Trujillo continues. “The U.S. needs an immigration policy focused on recruiting people who are ready to work in every sort of job, who have demonstrated an exemplary work ethic, and who have become essential workers in many industries.” This requires “comprehensive reform of immigration laws and policies.”

Conclusion

Once again, Minnesota and other states with aging, declining population need more immigrants. The Trump Administration’s anti-immigrant rhetoric and actions are contrary to the U.S. national interest and need to be abolished as soon as possible.

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[1] E.g., Minnesota Facing Slowdown in Labor Force Growth, dwkcommentaries.com (September 3, 2019); Rural Minnesota Endeavoring To Attract Younger People, dwkcommentaries.com (Sept. 2, 2019).

[2] DePass, Job vacancies in Minnesota rise again, StarTribune (September 30, 2019); Forgrave, Worker shortage sparks Minnesota businesses to think outside the box, StarTribune (Sept. 29, 2019); DePass, Manufacturing in Minnesota slumps but faring better than nation as a whole, StarTribune (Oct. 1, 2019); Goodman, Global Trade Is Deteriorating Fast, Sapping the World’s Economy, N.Y. Times (Oct. 1, 2019); Tsang, Stocks Slide as Investors Face New Evidence of a Slowdown, N.Y. Times (Oct. 2, 2019); Bernhard & Vigna, U.S. Stocks Drop on Worries About Growth, W.S.J. (Oct. 2, 2019) .

[3]  Saslow, ‘Out here, it’s just me;’ In the medical desert of rural America, one doctor for 11,000 miles, Wash. Post (Sept. 28, 2019); Olson, Deaths rise after hospitals close, StarTribune (Sept. 29, 2019).

[4]  Outstate Minnesota City Aided by Immigrants, dwkcommentaries (Aug. 5, 2018); Miller, Immigrant kids fill this town’s schools. Their bus driver is leading the backlash, Wash. Post (Sept. 22, 2019); Iyer, Immigrants make our community stronger, StarTribune (Sept. 26, 2019); Bachmann, Washington Post article shows that open borders rip our towns apart, StarTribune (Sept. 26, 2019); Letters re Bachmann, Star Tribune (Sept. 30, 2019);

 

[5] Tavernise, Immigrant Population Growth in the U.S. Slows to a Trickle, N.Y. Times (Sept. 26, 2019); Trujillo, Latino Workers Save America From Stagnation, W.S>J. (Sept. 25, 2019).

 

 

Mexican Historian’s Disavowal of Support for Fidel Castro

Enrique Krauze, a Mexican public intellectual, historian, author, producer and publisher, has written at least two fascinating essays about U.S.-Cuba relations.

U.S. Cuba at the Start of Obama’s Opening to Cuba [1]

Less than a month after the December 17, 2014, joint announcement of the U.S.-Cuba decision to seek better relations, [2] Krauze wrote that “Cuba has been the epicenter of anti-Americanism in modern Latin America. As a political ideology it was born during the Spanish-American War of 1898 [3]  [and] reached its height with the victory of the Cuban Revolution in 1959.” Between those two years, “with some exceptions, the political, diplomatic and military balance sheet of the United States in Latin America was nothing short of disastrous.” In response, “the region . . . [had] a surge of nationalism.“

The success of the Cuban Revolution “opened a new cycle of intense anti-Americanism. . . . The rage thus engendered was the most effective weapon of survival for the repressive and dictatorial Cuban regime.” But the fall of the Berlin Wall in 1989 and the rise of democratic governments in some Latin American countries resulted in the [orphaning] of Latin American Marxists. “Only the great obstacle of the American boycott of Cuba has remained an outmoded and divisive force.”

“In [Obama’s] re-establishing relations with Cuba, the United States renounced its ‘imperial destiny’ and recovers much of the moral legitimacy needed to uphold the democratic values that led to its foundation (and also of the countries of Latin America). Obama’s action is meant for the good of all the Americas, including the United States. And freedom of expression in Cuba is an absolute necessity for its success. No people or country is an island unto itself. The Castro dynasty has kept Cuba as such for 56 years.”

Moreover, “acclaim for the [new] agreement is widespread in Latin America. By his historic announcement on Dec. 17, Obama has begun to dismantle one of the most deeply rooted ideological passions of the southern continent” and may have “begun the final decline” of Anti-Americanism in Latin America.

Krauze’s Disavowal of Fidel Castro [4]

According to Krauze, the triumph of the Cuban Revolution in 1959 “inspired political awareness in almost all the [Mexican] writers, activists and intellectuals of my generation [including Krauze himself]. Our university professors, contemporaries of Castro, saw in him the definitive vindication of [José Marti’s] ‘Our America’ against the other, arrogant and imperialist, America. The literary supplements and magazines we read — by Julio Cortázar, Mario Vargas Llosa, Gabriel García Márquez, Carlos Fuentes — celebrated the Revolution not only for its economic and social achievements, but also for the cultural renaissance it ushered in.”

Krauze’s enthusiasm for Fidel Castro turned to disappointment in 1968-69 when Cuba supported the Soviet invasion of Czechoslovakia while Mexican tanks were combatting student movements in Mexico. Yet it still was difficult in Mexico to criticize Cuba.

In 1980 Krauze had his “final break with Fidel Castro” when “hundreds of people stormed the Peruvian embassy in Havana, seeking asylum” and “more than 100,000 Cubans left the port of Mariel for the United States, revealing a fracture in Castro’s utopia.”

In July 2009 Krauze visited Cuba “and was captivated by its natural beauty and the ingenuity and warmth of its people” and discovered in books that before the Revolution, “Cuba had a rich and diversified economy. In 1957, Cuba had around 6,000,000 heads of cattle, well above the world’s per capita average. . . . [In short] Cuba was already one of the most advanced countries in Latin America in 1959.”

But in 2009, “cows are so scarce that killing one carries a multiyear prison sentence. Not too long ago, in order to eat beef legally, farmers ‘accidentally’ sacrificed them by tying them to train tracks.”

At his trial in 1953, “Fidel famously declared, ‘History will absolve me.’ That’s no longer a sure thing. An awareness of freedom awakens sooner or later when faced with the obvious excesses of authoritarian rulers. If history examines his regretful legacy through that lens, it may not absolve him.”

With few exceptions, “Latin American historians and intellectuals . . . have refused to see the historical failure of the Cuban Revolution and the oppressive and impoverishing domination of their patriarch. But the parlous situation in Venezuela — with Cuba as a crutch — is undeniable, and the Cuban reality will be increasingly hard to bear. This has been Lenin’s decade. Perhaps the next one will belong to [Cuban patriot José] Martí.”

President Obama’s opening to Cuba in December 2014 inspired hopes that this would come to pass. “Unfortunately, the current president of the United States, Donald Trump, has marred any possibility of conciliation, which has further isolated Cuba and so perpetuated Castroism.”

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[1] Krauze, End of Anti-Americanism?, N.Y. Times (Jan. 7, 2015).

[2] U.S. and Cuba Embark on Reconciliation, dwkcommentaries.com (Dec. 21, 2014).

[3] U.S. Intervention in Cuba’s War of Independence from Spain, 1898, dwkcommentaries.com (Aug. 26, 2019); U.S. De Facto Protectorate of Cuba, 1898-1934, dwkcommentaries.com (Aug. 27, 2019).

[4] Krauze, My Sixty Years of Disappointment with Fidel Castro, N.Y. Times (Aug. 21, 2019

U.S. Reactions to New U.S. Anti-Cuba Policies 

U.S. objections to the new U.S. policies regarding Cuba (and Venezuela and Nicaragua) have been registered by a Bloomberg News editorial; by the U.S. Chamber of Commerce; by Representative Eliot Engel, the Chair of the House Committee on Foreign Affairs and other representatives and by groups and individuals outside the government. They will be discussed first.[1]

Then we will look at support for the policies from three Cuban-American legislators (Sen. Marco Rubio (Rep., FL), Sen. Robert Menendez (Dem., NJ) and Rep.Mario Diaz-Balart (Rep., FL); from Sen. Rick Scott (Rep., FL); and from Walter Russell Mead of the Wall Street Journal.

Given the legitimate current U.S.  preoccupation with the Mueller Report and its implications, there have been no editorials (to date) on these Cuba policy changes in other leading newspapers (New York Times, Washington Post and Wall Street Journal) or by the sponsors of the pending Senate bill to end the U.S. embargo of Cuba (Senators Amy Klobuchar (Dem., MN), Patrick Leahy (Dem., VT) and Mike Enzi (Rep., WY)) or by the Chair of the House ‘s Cuba Working Group Steering Committee (Tom Emmer (Rep., MN).

Critics of the New Policies[2]

  1. The Bloomberg Editorial.

Although it was worthy for the U.S. to seek to persuade Cuba to stop helping Venezuela’s Maduro, Bloomberg says the new policies are “the wrong way to get results.”

In fact, says Bloomberg, the new U.S. policies and actions will “inflict real damage on Cuba,” and  “that’s unlikely to make the country’s rulers budge. Instead, opening the [U.S.] floodgates for litigation against Canadian and European companies doing business in Cuba will fracture the international front against Maduro — not to mention swamping U.S. courts with troublesome lawsuits.” In fact, such litigation is “more an attack on America’s friends than on Cuba or Venezuela.”

Moreover, according to Bloomberg, “Aside from dividing what could have been a U.S.-led coalition [against Venezuela’s Maduro], the new escalation will play into the hands of aging hardliners, encouraging Cuba to seek help from Russia and China, and weaken potent internal forces for change.”

  1. Engage Cuba

Engage Cuba, the leading bipartisan coalition of businesses and others who support U.S.-Cuba normalization, issued the following critical comments:

(Statement by James Williams, President of Engage Cuba)

  • “President Trump is doing this for one reason, and one reason only: to appease fringe hardliners in South Florida ahead of the 2020 election. The only way to get property claimants what they deserve is through diplomatic negotiations, which President Trump just threw off the table. . . This lets the Cuban government off the hook and shifts the burden to American, European and Canadian companies. American companies and our closest allies will now be paying instead of the Cuban government.”
  • “The hypocrisy of the Trump administration cozying up to the most brutal dictatorships in the world in Saudi Arabia, Russia and North Korea, but claiming to care about democracy and human rights in Cuba, is like living in a parallel universe. President Trump himself tried for years to open up a Trump Hotel and golf resort in Cuba.”
  • “U.S. travel and remittances are the lifeblood of the private sector entrepreneurs in Cuba. These restrictions are a cruel betrayal and a knife in the back of Cuban civil society and the prospects for a growing independent private sector in Cuba. The Cuban people are already struggling under tremendous difficulties, and these actions only make it worse. We need a policy that focuses on empowering the Cuban people and advancing American interests, not continuing a 60-year failed policy that only serves fringe domestic politics in South Florida.”

(Property Claim Lawsuits)

  • “The Trump administration has chosen to break precedent with every administration since President Clinton by failing to waive Titles III and IV of the the LIBERTAD Act, commonly referred to as the Helms-Burton Act after its sponsors. When Title III takes effect on May 2, American companies and foreign firms will be subject to lawsuits in U.S. courts over the use of properties that were nationalized by the Cuban government following the 1959 revolution. Title IV will also take effect, requiring the denial of U.S. visas for anyone “trafficking” in confiscated Cuban properties, as well as their relatives.”
  • “In opposition to international law, Title III affords claimant rights to Cuban Americans who were Cuban citizens at the time their property was confiscated. Currently, there are 5,913 certified claims of seized American property in Cuba, but the State Department has estimated there could be a flood of up to 200,000 claims with the full activation of Title III.”
  • “Due to Title III’s potential to jeopardize U.S. trade interests, every U.S. administration since the law’s enactment in 1996 has suspended its implementation, typically for a period of six months. Today’s announcement marks the first time Title III has been fully activated and U.S. firms will be subject to lawsuits.”
  • “Companies from the biggest U.S. trade partners, including the European Union, Canada, and Mexico, will also be subject to property claim lawsuits under Title III, though most countries will protect their companies from having to pay damages to U.S. property claimants. The EU and Canada have threatened retaliation in the World Trade Organization.”
  • “Meanwhile, U.S. adversaries like Russia and China are unlikely to comply with Title III lawsuits and will instead align themselves with Cuba against this extraterritorial U.S. policy. By maintaining a trade embargo, the U.S. has already left a vacuum in Cuba for adversarial influence. As Cuba continues to be isolated by the Trump administration, it will increasingly turn to Russia and China, who offer them favorable credit terms and invest in high-profile projects.”

(New Restrictions on Remittances,Travel, and Financial Transactions)

  • “Bolton also announced there will be new limits on non-family travel to Cuba and U.S. remittances to the island, a heavy blow to Cuba’s nascent private sector (roughly one-third of the workforce) which greatly depends on remittances and U.S. travelers to keep their small businesses alive. Remittances will now be capped at $1,000 per quarter, a dramatic departure from the $4 billion that flowed to the Cuban people after the Obama administration lifted all limits on remittances in 2015.”
  • “Five Cuban government-run businesses will be added to the list of entities with which direct financial transactions are barred. New Department of Treasury regulations will prohibit U.S. banks from processing “U-Turn transactions,” Cuba-related funds transfers from a bank outside the U.S. that pass through U.S. financial institutions before being transferred to banks abroad where neither the originator nor the beneficiary is a U.S. national.”
  1. U.S. Chamber of Commerce

“Six decades of trying to isolate Cuba has failed to bring change to the island, and today’s move only doubles down on this strategy. The U.S. Chamber’s support for a new approach to Cuba is founded in our profound conviction that more engagement with the Cuban people — on the basis of free enterprise and free markets — is essential to democratic change and improvements in the Cuban people’s lives.”

“We strongly support U.S. government efforts to protect the property rights of U.S. citizens abroad, but full implementation of Title III is unlikely to achieve those aims and is instead more likely to result in a protracted legal and diplomatic morass that ensnares U.S. courts, companies and partners. . . . Furthermore, it is difficult to see how this action squares with the administration’s earlier commitment to hold harmless U.S. companies legally authorized and previously encouraged to do business in Cuba.”

“Many American companies will now be subjected to countersuits in Europe, Canada, Latin America, and elsewhere. Today’s announcement threatens to disrupt our trade ties to these countries, which are among our closest allies and best customers. Instead, we should be working with them to make the case for democratic change in Cuba.”

  1. Center for Democracy in the Americas

Another U.S. group that supports U.S.-Cuba normalization, the Center for Democracy in the Americas, said through its executive director (and former Obama National Security Advisor) Emily Mendrala, “Capping remittances is mean-spirited, and can only be understood as the U.S. government’s attempt to create economic hardship among the Cuban people. Ambassador Bolton’s speech conflated Cuba with Venezuela, and he announced a policy approach that does the same. The two countries are different, living through very different moments, and to exploit events in Venezuela to settle Cold War scores with Cuba is a distraction from real needs in Venezuela.”

  1. Cuba Educational Travel

Collin Laverty, president of Cuba Educational Travel, added other critical comments. First, “the measures on remittances and travel threaten the economic survival of Cuban families and the viability of thousands of independent small businesses allowed to operate since 2010 under reforms implemented by former President Raúl Castro.” Second, “The only winners here are a handful of members of Congress and those stuck in the past that support them. The losers are millions of Cubans on and off the island and the overwhelming majority of Americans that support engagement with Cuba.”

  1. Current and Former Federal Government Officials

Representative Eliot Engel (Dem., NY), the Chair of the House Committee on Foreign Affairs, stated, ““President Trump’s rejection of over two decades of bipartisan consensus on a key piece of U.S. policy toward Cuba will further isolate the United States from our Latin American and European allies and diminish our ability to promote democracy in Cuba and Venezuela. Sadly, this decision will do nothing to resolve U.S. property claims in Cuba—an important goal toward which we must continue to strive.”

Similar statements were issued by Representatives Kathy Castor (Dem., FL), James McGovern (Dem., MA), Barbara Lee (Dem., CA) and Donna Shalala (Dem., FL).

Benjamin Rhodes, a former Obama adviser who helped negotiate the December 2014 U.S.-Cuba normalization agreement, said, “Restricting remittances that can be sent to Cubans will directly hurt the Cuban people. This is a shameful and mean-spirited policy.”

Mark Feierstein, a former National Security Council’s Director for the Western Hemisphere, tweeted: “As Bolton delivers speech in Miami today on Cuba, it’s useful to keep in mind that according to public opinion polls, most Cuban-Americans approve the measures taken by the Obama Administration to support the Cuban people. The [National Security Council]. . . is out of step with majority opinion in Miami.” In another tweet  he stated, “What we’re leading the Cuban people toward is a darker day, where there will be less economic opportunity.”

  1. Other Americans

Tim Fernholz, who covers space, the economy and geopolitics for Quartz, has addressed the new policies’ adverse effects on the emrging Cuban private sector. He says, “The Trump administration is setting out to crush free markets in Cuba.” These policies “will damage Cuba’s nascent private sector far more than a ruling regime that has out-lasted six decades of US embargo. Trump is pulling the rug out from Cuba’s cuentrapropistas—literally, self-employed—eliminating their sources of capital and revenue and reducing their influence during the all-important transition to a post-Castro Cuban government. . . . US policy toward Cuba, meanwhile, is defined by a near-theological belief that isolating the Cuban people will lead them to abandon national self-determination.”

Supporters of the New Policies[3]

The two Cuban-American Senators and one of the Cuban-American U.S. Representatives, as expected, endorsed at least some of the new U.S. policies. So did Senator Rick Scott. So did Walter Russell Mead, who is the James Clarke Chace Professor of Foreign Affairs and the Humanities at Bard College, a Distinguished Fellow in American Strategy and Statesmanship at the Hudson Institute, and The Wall Street Journal’s Global View columnist.

Senator Marco Rubio (Rep., FL) said, “”By no longer suspending Title III of the Freedom Act, the Trump administration is the sixth of impunity by the Castro regime. The United States is opening the door to justice and enabling victims of the Cuban dictatorship to rightfully sue their perpetrators. Today, as we commemorate the value of the fallen heroes in the Bay of Pigs invasion, history is once again being written. ”

Senator Robert Menendez (Dem., NJ) offered a similar statement: “By fully implementing Title III of the LIBERTAD Act, the United States is rightly providing U.S. citizens with the means to hold the Cuban regime accountable through the U.S. justice system.”

Representative Mario Diaz-Balart (Rep., FL) issued a lengthier statement, which is extracted below:

  • “At long last, victims of confiscated properties will finally have the chance to pursue claims to recoup losses suffered at the hands of the Castro regime.”
  • “President Trump and his administration have demonstrated remarkable solidarity with the Cuban people and the regime’s other victims in tightening sanctions by prohibiting financial transactions with the Cuban military.
  • “Cutting off resources and investment to the regime in Cuba will benefit both U.S. national security interests and regional security interests for neighbors in our hemisphere.”

Senator Scott stated, “Americans can finally sue for property stolen by the Cuban regime. We must continue to do everything we can to cut off the money supply to the Castro Regime, which continues to prop up dangerous dictators like Nicolas Maduro in Venezuela and Daniel Ortega in Nicaragua.”

Walter Russell Mead. He starts with the proposition that Venezuela presents the key challenge of Latin America. “Left to accelerate, the breakdown of governance and civilized life in Venezuela can only create more refugees, enrich arms smugglers and drug cartels, allow forces like Hezbollah to insinuate themselves more deeply in the region. On the other hand, a return to some kind of stability under a pro-business government would initiate an economic recovery that would help the people of Venezuela and their neighbors alike, and deprive the terror cartels of much of their arms and funding. Crucially, if Venezuelan oil production recovers, it would help stabilize world energy markets and significantly increase American leverage with both Russia and Iran.”

“The continued collapse of Venezuela’s economy means the Cuban regime is also facing disaster. From the Trump administration’s point of view, this is a historic opportunity. If Cuba . . . abandons socialism on Mr. Trump’s watch, the president’s prestige at home and abroad would soar.”

Therefore, says Mead, the Trump Administration hopes for “historic victories in Cuba and Venezuela.” That plus  “the fear of a costly defeat have combined to persuade the Trump administration to adopt some of the most far-reaching economic sanctions ever imposed.” In short, no previous U.S. president “has been willing to impose sanctions that alienate powerful allies to this degree over Caribbean policy. That Washington is pressing ahead suggests how high a priority Venezuela has become for the administration.”

Conclusion

There are so many reasons to oppose the new U.S. policies towards Cuba, as this blogger does. Just refer to the above section regarding such opposition and to the similar discussion in the previous posts cited in footnote 1.

As always, this blog invites reasoned comments, pro or con, or corrections from all readers of this post.

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[1] Prior posts have discussed (a) the April 17 announcement of the U.S. allowance of litigation over alleged trafficking in American-owned Cuba property that was expropriated by the Cuban government, circa 1959-60; (b) National Security Advisor John Bolton’s April 17 announcement of additional Cuba sanctions; (c) Cuban reactions to these changes; and (d) European and other countries’ reactions to these changes. These changes take effect in the midst of Cuba’s current dire economic situation, which was the subject of another post.

[2] Editorial, Cuba Is a Problem That Trump Is Making Worse, Bloomberg (April 22, 2019); Press Release, Engage Cuba Statement on New Cuba Sanctions (April 17, 2019); Engage Cuba, Memorandum: New Sanctions on Cuba Announced April 17, 2019 (April 2019); U.S. Chamber of Commerce, Statement on Cuba and Title III of the LIBERTAD Act (April 17, 2019); Center for Democracy in the Americas, CDA STATEMENT:Cuba Sanctions announcement (April 17, 2019); Cuba Educational Travel, CET Statement on President Trump’s Cuba Policy Changes (April 17, 2019); Engel on Implementation of Article III of the Helms-Burton Act (April  17, 2019); U.S. Rep. Castor: The Trump Administration’s Announcement of New, Hardline Restrictions on Cuba Brings Pain to Families, Hurts Growing Cuban Private Sector (April 17, 2019); McGovern Statement on Trump Administration;’s Reckless Policy Change Toward Cuba (April 17, 2019); Congresswoman Barbara Lee Slams President Trump’s Backwards Policy Towards Cuba (April 17, 2019); Caputo, Trump crackdown on “3 stooges of socialism’ has 2020 thrust, Politico (April 17, 2019) (Rep. Shalala quotation); Reuters, Trump’s Cuba Hawks Try to Squeeze Havana Over Venezuela Role, N.Y Times  (April 18, 2019) (Rhodes quotation); Feierstein Twitter Account; Fernholz, Cuba’s entrepreneurs are under attack by Donald Trump, Quartz  (April 22, 2019).

[3] Press Release, Rubio Commends Trump Administration’s Move to Hold Cuba Accountable (April 17, 2019); Press Release, Rubio Highlights Importance of Trump Administration’s Commitment to Democracy in Latin America (April 17, 2019); Press Release, Menendez Statement on Announcement to Let Cuban Americans File Suit over Property Confiscated by Cuban Regime (April 17, 2019); Diaz-Balart: Trump Administration’s Full Implementation of Title III Is a Monumental Decision   (April 17, 2019); Press Release, Sen. Rick Scott Applauds President Trump For Fully Implementing Title III of the Libertad Act (April 17, 2019); Mead, Trump Takes Aim at Caracas and Havana, W.S.J. (April 22, 2019).

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

European and Other Countries’ Reactions to New U.S. Anti-Cuban Policies

Strong objections to the  new U.S. policies regarding Cuba have been registered by Europe and Canada, both major investors in, and having significant business with, Cuba. Russia also objects for more strategic reasons.

Europe and Canada[1]

The EU is the largest foreign investor in Cuba and the latter’s top export market. In December 2016, the EU and Cuba concluded a new framework for boosting economic and trade links that were encouraged by the Obama administration’s efforts to reset relations with Havana. Some European companies, including Spanish hotel chain Meliá Hotels International SA, recently have announced fresh investments there.

Immediately after the U.S. announcement of the activation of Title IIII of the Helms-Burton Act, the EU  by its High Representative/Vice President Federica Mogherini and its Commissioner for Trade Cecilia Malmström) issued this joint statement: “In the light of the United States Administration’s decision to not renew the waiver related to Title III of the 1996 Helms-Burton (LIBERTAD) Act, the European Union reiterates its strong opposition to the extraterritorial application of unilateral Cuba-related measures that are contrary to international law. This decision is also a breach of the United States’ commitments undertaken in the EU-US agreements of 1997 and 1998, which have been respected by both sides without interruption since then. In those agreements, the US committed to waive Title III of the Helms-Burton Act and the EU, inter alia, suspended its case in the World Trade Organization against the US.”

This EU statement added, “The EU will consider all options at its disposal to protect its legitimate interests, including in relation to its WTO rights and through the use of the EU Blocking Statute. [This EU Statute] prohibits the enforcement of US courts judgements relating to Title III of the Helms-Burton Act within the EU, and allows EU companies sued in the US to recover any damage through legal proceedings against US claimants before EU courts.

Canada, whose companies are other major investors in, and conductors of business with, Cuba, also issued an immediate rejection of this U.S. change of policy. Its Minister of Foreign Affairs, Chrystia Freeland, stated, “Canada is deeply disappointed with today’s announcement. We will be reviewing all options in response to this U.S. decision.” She added the following:

  • “Since the U.S. announced in January it would review Title III, the Government of Canada has been regularly engaged with the U.S. government to raise our concerns about the possible negative consequences for Canadians—concerns that are long-standing and well known to our U.S. partners.”
  • “I have met with U.S. Secretary of State Mike Pompeo to register those concerns. Canadian and U.S. officials have had detailed discussions on the Helms-Burton Act and Canada’s Foreign Extraterritorial Measures Act. I have also discussed this issue with the EU.”
  • Finally, “I have been in contact with Canadian businesses to reaffirm we will fully defend the interests of Canadians conducting legitimate trade and investment with Cuba.”

According to EU Ambassador to the U.S., Alberto Navarro, there is “enormous worry” by European businesses.  “There are business people who’ve been . . .[in Cuba] 20, 30 years, who’ve made bets on investing their financial resources in Cuba to stimulate commerce, tourism, international exchange, and many of them tell me that they haven’t lived through a similar situation.” He also said, “”any country can adopt whatever legislation it wants, and apply the law within its own country, we can criticize whether we like it or not. What that country cannot do is impose its legislation on others. We are the front line of defense in Cuba, and obviously have legitimate interests in Cuba and we want to defend them and protect our citizens and our investors.”

The EU and Canada also issued a joint statement that said the U.S. decision would have “an important impact on legitimate EU and Canadian economic operators in Cuba” and that they would seek to use the WTO dispute-resolution framework to protect their companies. This U.S. decision was “regrettable” and an “extraterritorial application of unilateral Cuba-related measures contrary to international law.” It “can only lead to an unnecessary spiral of legal actions.”

The EU and Canada already have so-called blocking statutes against some U.S. sanctions on Cuba, which bans the enforcement of U.S. court judgments against EU and Canadian firms and allows counterclaims to be filed against U.S. firms bringing legal action. However, these blocking statute have rarely been used.

A former Canadian ambassador to Cuba, Mark Entwistle, got it right when he opined that the origins of these new U.S. policies “lie partly in the historic dynamics of American presidential politics and partly in an obsession in some circles about a mythical existential threat posed by the developing Caribbean island nation.”

Moreover, according to Entwistle, the activation of Title III of the Helms-Burton Act “seeks to impose American domestic law on other countries” or attempts “to off-load responsibility to third parties and internationalize what is and should be a bilateral issue between the United States and Cuba.” This is extraterritoriality that “ violates basic sovereignty,”  supposedly highly valued by Trump. This recent Trump decision, however, fits with his scepticism of, if not outright hostility towards,  rules-based multilateral systems.

These sentiments were echoed by EU member, France, whose Finance Minister Bruno Le Maire said Europe would respond to any sanctions by the U.S. on investments in Cuba. “If the American administration decided to also impose a regime of sanctions on investments in Cuba, in contravention of what has been decided for several years now by our American allies, we would react. Europe would also react and is ready to also impose sanctions at our end.”

In Spain, another EU member which has large investments in hotels and other tourism-related ventures on the island, a senior government official said its government  promised that it will ‘absolutely support’ Spanish companies established on the island in the face of the U.S. new policies and that it understands that “the EU will support, together with Spain, those companies that have their commercial activities, legitimate and well organized in Cuba and in other countries.”

Another EU member, Portugal, joined the choir by saying that it “regrets the US decision to authorize the filing of legal actions in its territory [under] . . .Title III of the Helms Burton Law against certain foreign companies operating in Cuba, ” This U.S. decision “reinforces the commercial tension between the [EU] . . .and the United States.”

The United Kingdom’s Foreign Office joined in these objections. It stated, “The extraterritorial application of … sanctions, which we consider to be illegal under international law, threaten to harm UK and EU companies doing legitimate business in Cuba by exposing them to liability in U.S. courts. We will work alongside the EU to protect the interests of our companies.”

Also critical was Ivan Briscoe, the Latin American director for the International Crisis Group, an independent Belgium-based organization “working to prevent wars and shape policies that will build a more peaceful world” and to sound “the alarm to prevent deadly conflict.” He said, John Bolton’s “honoring one of U.S.’ greatest military fiascos from 60 years back [the Bay of Pigs invasion] suggests U.S. policy to Latin America owes more now to a perverse Cold War nostalgia than practical benefits for people of the region.”

Mexico added its objections to the new U.S. measures. It said that it “lamented” the U.S. decision that the government will work to protect Mexican companies that have business interests in Cuba.

Russia[2]

Russia’s Deputy Foreign Minister Sergei Ryabkov considers the new U.S. sanctions against Cuba and Venezuela to be illegal and it plans to do everything to support its allies in these two countries. “Venezuela and Cuba are our allies and strategic partners. We join the voices of those who condemn US impositions on Latin America or any other region of the world.”

A spokeswoman of the Russian Foreign Ministry, Maria Zajárova, added that Moscow “is against any unilateral sanction.”

Conclusion

This blog supports the objections from the EU and its members, including the United Kingdom (still a member), Canada and Mexico. Also deserving special commendation is Ivan Brisco’s rejecting John Bolton’s statement:“honoring one of U.S.’ greatest military fiascos from 60 years back [the Bay of Pigs invasion as suggesting that] U.S. policy to Latin America owes more now to a perverse Cold War nostalgia than practical benefits for people of the region.”

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[1] EU, Joint Statement by High Representative/Vice President Federica Mogherini and Commissioner for Trade Cecilia Malmström on the decision of the United States to further activate Title III of the Helms-Burton (Libertad) Act (April 17, 2019) (his EU Joint Statement was issued shortly after the EU’s Press Release, EU, Latin America and Caribbean: Partnering for prosperity, democracy, resilience and global governance (April 17, 2019)); Assoc. Press, EU Ambassador: Trump Cuba Policy Worries European Companies. N.Y. Times (April 24, 2019); Global Affairs Canada, Government of Canada will defend interests of Canadians doing business in Cuba  (April 17, 2019); Entwistle, The Trump Administration’s new Cuba restrictions are harmful and belligerent, Toronto Globe & Mail (April 19, 2019); Anchfield, Canada pushes back against U.S. move to allow lawsuits against foreign firms in Cuba, Toronto Globe & Mail (April 27, 3029); Norman & McBride, EU, Canada Vow to Fight New U.S. Sanctions on Cuba,  W.S.J. (April 17, 2019); The European Union could prohibit the application of Judgments of US courts against their companies, Diario de Cuba (April 17, 2019); Reuters, Europe Would Respond to Any U.S. Sanctions on Investments in Cuba: French Minister, N.Y. Times (April 18, 2019); Madrid promises to ‘defend” the interests of Spanish companies in Cuba, Diario de Cuba (April 17, 2019); Parra, Spain wants EU to challenge US policy in Cuba, Wash. Post (April 17, 2019); Portugal: Application of Helms-Burton reinforces commercial tension between the European Union and the US, Cubadabate (April 20, 2019); Reuters, UK Condemns U.S. Application of Cuba Sanctions to Foreign Companies, N.Y. Times (April 18, 2019); Reactions: Canada and Mexico promise to protect their companies in Cuba,  Diario de Cuba (April 18, 2019); Reuters, Trump’s Cuba Hawks Try to Squeeze Havana Over Venezuela Role, N.Y. Times (April 18, 2019); Gómez, What antidotes are there against Helms-Burton?, Cubadebate (April 25, 2019) (details about these laws against Helms-Burton Act: 1996 EU Statute of Blockade, the 1996 Canadian Foreign Extraterritorial Measures Act, the 1996 Mexico Law on Protection of Trade and Investment of Foreign Standards that Contravene International Law and the 1996 Cuba Law of Reaffirmation of Cuban Dignity and Sovereignty (Law 80)).

[2] Reuters, Russia Says It Will Help Venezuela, Cuba to Weather U.S. Sanctions: RIA, N.Y. Times (April 18, 2019); Assoc. Press, Putin Envoy in Caracas Rejects US Revival of Monroe Doctrine, N.Y. Times (April 18, 2019).