IRTF News

Beatriz's case, before the Inter-American Court of Human Rights, reflects El Salvador's stringent anti-abortion laws. Denied the termination of her pregnancy despite grave health risks, Beatriz's plea was rejected by the Salvadoran Supreme Court, citing the child's rights over the mother's. Eventually, after intervention from the IACHR, a delayed cesarean section led to the baby's death and worsened Beatriz's health. This case symbolizes the repercussions of El Salvador's severe abortion restrictions, especially affecting marginalized women. Despite hope for justice, the country's political landscape remains staunchly against abortion rights. Similar challenges have been seen in Manuela's case, where the IACHR ruled in her favor posthumously. The government's resistance to acknowledging these violations showcases its alignment with conservative factions. This stance, influenced by international right-wing groups, reflects a growing regression on abortion rights in El Salvador.

Border security continues to be a hot button issue in Congress. And some congressional leaders are holding hostage other non-border issues because of their tough stance on immigration and desire to gut US asylum law. 

In last month’s newsletter, we shared an article about a one-page document that three Republican senators submitted to President Biden on November 6, summarizing the border and migration proposals they demand to include in the supplemental budget request that the president is submitting for the war in Ukraine, Israel/Gaza, and the US-Mexico border. The draconian measures include: ban asylum access for people who did not cross the border at ports of entry; ban asylum access for people who pass through other countries without seeking asylum there; heighten eligibility standards to pass a credible fear interview; expand migrant detention (including families and children); restrict temporary humanitarian parole.

The Congressional Hispanic Caucus (CHC) and Congressional Progressive Caucus (CPC) responded in a combined letter on December 14, denouncing that: “Republicans continue to hold funding for America’s allies hostage at the expense of migrants and to pass Trump-era border policies.”

Articles in this monthly newsletter: 1) ICE Air: update on removal flight trends. 2) How US Policy Toward Latin America Has Fueled Historic Numbers of Asylum Seekers. 3) WOLA Urges Congress to Protect Asylum and Update Obsolete Border Policies. 4) At the Border: Recent Incidents. 5) Governor Abbott Signs Law to Arrest Anyone in Texas without Immigration Papers.

See the Take Action items listed at the bottom of this newsletter. Our advocacy is needed to maintain some modicum of humanity in the nation’s immigration system and to address root causes of migration.  1) Stop Border Militarization. 2) Take Action Now Against Extreme Asylum Restrictions.  3) Help Migrants and Refugees in Cleveland. 

Read the full IRTF Migrant Justice Newsletter each month at https://www.irtfcleveland.org/blog .

Colombian President Gustavo Petro challenges traditional diplomatic norms in a beachside Dubai interview, emphasizing the urgency of addressing climate change. He advocates for a global shift away from fossil fuels, positioning Colombia as a model for decarbonization. Petro, known for his unconventional style and leftist views, proposes using financial institutions to reduce debt in exchange for environmental protection. Internationally, he plays a crucial role in COP28, supporting a Fossil Fuel Non-Proliferation Treaty. Despite ideological differences, Petro's approach aligns with a growing global consensus to phase out fossil fuels amid escalating climate concerns

Panama's Supreme Court declared a new mining contract with a Canadian firm unconstitutional, concluding over a month of widespread protests. The contract, fast-tracked by Congress, aimed to boost profits but faced opposition from unions, teachers, students, and Indigenous groups. The mine, operated by First Quantum, contributed 5% to Panama's GDP. The court ruling sets a precedent against foreign companies exploiting lax rules, reflecting a broader resistance to short-term gains at the expense of environmental damage and national identity. Central America Studies scholar Jorge Cuéllar sees the ruling as curbing extreme extractive industry practices and protecting Panama's natural patrimony.

Guatemala Election Watch #44

An important summary of the Indigenous reality of what "Guatemala" is, for more than 500 years, now leading the struggle in defense of the August 20, 2023 election results, and the construction of a different Guatemala for the future.

Yuly Velásquez, an environmental activist in Barrancabermeja, Colombia, has survived three assassination attempts in two years for her efforts to expose water pollution in the industrial city. Colombia is deemed the most perilous country for environmental defenders, with 60 activists murdered in 2022. Latin America faces the highest number of killings, attributed to the region's active civil society and Indigenous groups. Despite Colombia's biodiversity and improved security post a 2016 peace treaty, criminal groups, drug traffickers, and corrupt officials persistently target activists. Velásquez, facing threats since denouncing irregularities in a city contract, emphasizes the environmental fight's importance despite risks. The government's response includes a protection program and the Escazú Agreement, yet killings rose in 2022, highlighting ongoing challenges. Velásquez remains determined, stating the fight must continue for the environment.

Amnesty International declared that El Salvador is undergoing a severe human rights crisis, attributing it to President Nayib Bukele's aggressive anti-gang measures. The report alleges that the approximately 74,000 individuals detained in the crackdown faced "systematic use of torture and other mistreatment." The Americas director for Amnesty International, Ana Piquer, expressed deep concern over the documented deterioration in human rights, linking it to Bukele's repressive security policy and the erosion of the rule of law. The report, based on 83 interviews, highlighted instances of abuse, while former inmates, interviewed by The Associated Press, recounted severe beatings by prison guards. Critics argue that Bukele's broad sweep in detaining suspected gang members has ensnared individuals based on factors like low-wage jobs, limited education, or place of residence. Local rights groups claim 327 people are missing, and at least 190 have died due to the crackdown. Despite the controversial policy's success in reducing the homicide rate and boosting Bukele's popularity, he aims to seek re-election, challenging a constitutional prohibition.

Honduran authorities have issued an arrest warrant for Daniel Atala Midence, the alleged mastermind behind the murder of Indigenous environmental leader Berta Cáceres. Cáceres, known for opposing the construction of an internationally financed hydroelectric dam, was assassinated in her home in 2016. Atala Midence, the former financial manager of the dam company Desa, is part of a powerful political and economic family. Desa's president, David Castillo, previously sentenced to 22 years and six months for his role in the assassination, also ran the company. Atala Midence, implicated in running operations, was excused from testifying in Castillo's trial due to being under investigation. The majority shareholders of Desa, Atala Midence's father and uncles, were not implicated. Cáceres's children welcomed the charges, seeking justice. Cáceres, coordinator of the Civic Council of Popular and Indigenous Organizations of Honduras (Copinh), opposed the Agua Zarca dam project and was murdered by hired hitmen. The dam, sanctioned after a 2009 coup, lacked compliance with environmental and community requirements. The current president, Xiomara Castro, has not commented on the case.

Guatemala's Supreme Electoral Tribunal faced the removal of immunity, prompting three magistrates to leave the country amidst allegations of interference in the presidential election results. The Congress lifted the immunity of four magistrates, accused by attorneys linked to a far-right candidate of overpaying for election software. Despite international observers declaring the election fair, the magistrates certified the results. President-elect Bernardo Arévalo, an outsider promising to tackle corruption, faces legal challenges, with his party suspended and members arrested. Amidst U.S. sanctions on officials, Arévalo is set to take office on Jan. 14, but concerns about Guatemala's establishment interfering persist.

In this monthly newsletter, we include the fiscal year-end numbers from Customs and Border Patrol. CBP reports 2,475,669 “encounters” of migrants at the US-Mexico border from OCT 2022-SEP 2023. That’s up about 100,000 from last fiscal year. 

Let’s be clear. There is no “border crisis.” But there is a humanitarian crisis at the border.

The numbers don’t justify any increased funding for CBP. Federal agents are not having to chase down tens of thousands of migrants along the river bank or into the desert along the 2,000 mile border. A large portion of the “encountered” migrants (roughly 30,000 per month) have actually turned themselves in voluntarily at ports-of-entry to request political asylum. Presenting themselves at ports of entry (i.e., the “legal” way to cross) are these nationalities in this order: Haiti, Venezuela, Mexico, Cuba, Honduras, Guatemala, Colombia, Ecuador, Nicaragua, Peru.

But the waiting time to schedule an appointment at the border crossing (via the CBP One app) and then waiting for the actual appointment—this is causing tens of thousands of migrants to seek humanitarian assistance on the Mexico side of the border as they sit it out and wait.

As burdensome as the asylum process is, a group of US senators is trying to make it worse. They are threatening to stall any supplemental budget request that Biden is submitting for the war in Ukraine, Israel/Gaza, and the US-Mexico border. They say that won’t approve any Biden request unless it contains new border restrictions, including: more detention, family and child detention, restrictions on humanitarian parole, and banning the right to asylum for migrants who do not present themselves at ports-of-entry (note: this is clearly an illegal provision that violates both domestic and international asylum law.). 

See the Take Action items listed at the bottom of this newsletter. Our advocacy is needed to maintain some modicum of humanity in the nation’s immigration system and to address root causes of migration. 

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