Adam Isacson

Defense, security, borders, migration, and human rights in Latin America and the United States. May not reflect my employer’s consensus view.

WOLA

At WOLA: U.S. Congress Must Not Gut the Right to Asylum at a Time of Historic Need

Republican legislators have dug in and have given the Biden administration a list of demands. Aid for Ukraine and other items in the White House’s supplemental budget request will not get their approval, they say, unless the law is changed in ways that all but eliminate the right to seek asylum at the U.S.-Mexico border.

Here, at WOLA’s site, is an analysis of this proposal and the unspeakable harm that it would do. We urge the administration and congressional Democrats to stand strong and reject it.

From the conclusion:

If the Senate Republicans’ November 6 proposal were to become law, it would deny asylum to almost all protection-seeking migrants, unless:

  • That migrant sought asylum and received rejections in every country through which they passed en route to the United States.
  • That migrant presented at a land-border port of entry (official border crossing), even though CBP strictly limits asylum seekers’ access to these facilities.
  • The U.S. government could not send that migrant to a third country to seek asylum there.
  • In an initial “credible fear” interview within days of apprehension, that migrant met a higher screening standard.

If an asylum seeker clears those hurdles, the Republican proposal would require them to await their court hearings in ICE detention—even if they are a parent with children—or while “remaining in Mexico.”

This proposal is extraordinarily radical. Congressional Republicans’ demands to attach it to 2024 spending put the Biden administration in a tough position. It is a terrible choice to have to secure funding for Ukraine and other priorities by ending the United States’ historic role as a country of refuge, breaking international commitments dating back to the years after World War II.

Read the whole thing here.

At WOLA: Migration Can’t and Shouldn’t Be Blocked. But it Can be Managed.

Here’s an 1,100-word statement recalling and highlighting some of the basic principles underlying our border and migration work. Backed up with lots of numbers and data, of course.

The main points:

  1. Most migrants arriving in the United States are exercising their right to seek asylum
  2. The United States needs to invest in managing, in a humane and timely manner, migrants and asylum seekers—NOT in more border security
  3. Legislative proposals from “border hawks,” like the “Secure the Border Act” (H.R2), would endanger thousands of lives

Read it here. It comes with an embedded video:

Pattern of “impunity” increases migrants’ risk of abuse by U.S. agents, report says

Emily Bregel published a terrific story at the Arizona Daily Star about our August 2 report, with the Kino Border Initiative, about abuse and accountability at Customs and Border Protection and Border Patrol.

Bregel got comment about our findings from CBP, former CBP Commissioner Chris Magnus, and the offices of Rep. Raúl Grijalva and Sen. Mark Kelly, among others.

And she had a great conversation with my co-author on the report, Zoe Martens of the Kino Border Initiative:

At Kino, Martens offered to help the man file a complaint about the violation of his right to request asylum. She explained he likely wouldn’t get justice in his case, but that documenting it could help improve the system for others. The man quickly agreed, saying, “Don’t worry — we’re used to lack of justice in our own country,” Martens recalled.

The comment stuck with her.

“These are our U.S. accountability systems. I think we’d assume they are more effective than in places where we know impunity is widespread,” as in Mexico, she said. “We must, and we can, do better.”

Highly recommended.

WOLA Podcast: Venezuela: “The Way out of This Situation Has to be Through a Democratic and Peaceful Solution”

I learned a lot about the current moment in Venezuela during this podcast conversation with one of my newest colleagues, Laura Dib, the recently arrived director of WOLA’s Venezuela Program. Here’s the overview text from WOLA’s podcast landing page.

In this podcast, Laura Cristina Dib, WOLA’s director for Venezuela, discusses the daunting political situation in Venezuela with WOLA’s Adam Isacson.

Venezuela is to hold presidential elections at some point in 2024. Whether they will be at least somewhat free and fair is unlikely but far from impossible. It is a goal that must guide the international community and Venezuelan civil society.

The episode covers the recent naming of a new National Electoral Council, a seemingly technical step with wide-ranging consequences; the need for a clear and transparent electoral timetable; and the importance of updating voter rolls and other crucial steps for the elections’ credibility.

Laura Dib notes a recent increase in repression, threats, and disqualification of candidates as the Maduro regime appears to grow uneasy. That makes the international role increasingly important—as it has been in Guatemala’s elections—starting with a stronger commitment to a humanitarian agreement, which resulted from the 2022 negotiations and has yet to be implemented. “International” includes Venezuela’s neighbors, like Brazil and Colombia.

“There’s always hope, I don’t think that everything is lost,” Dib concludes. “I think that there’s always opportunity, and I continue to work very closely with a civil society that is more knowledgeable than ever on how to advocate for their rights beyond their borders.”

Download the podcast .mp3 file here. Listen to WOLA’s Latin America Today podcast on Apple Podcasts, Spotify, iHeartRadio, or wherever you subscribe to podcasts. The main feed is here.

At wola.org: Crisis and Opportunity: Unraveling Colombia’s Collapsing Coca Markets

Here’s an analysis I’ve been working on, bit by bit, for the past several weeks.

The market in Colombia for coca, the plant whose leaves can be used to produce cocaine, is in a state of historic collapse, bringing with it an acute humanitarian crisis in already impoverished rural territories. The unusually sharp and prolonged drop in coca prices has several causes. WOLA has identified 12 possible explanations, some more compelling than others.

Regardless of the reason, the crisis is sure to be temporary as world cocaine demand remains robust. The Colombian government, and partner and donor governments including the United States, should take maximum advantage of this window of opportunity before it closes. The humanitarian crisis offers a chance for Colombia to fill vacuums of civilian government presence in territories where insecurity, armed groups, and now hunger are all too common.

Read on—in English or Spanish, HTML or PDF—at WOLA’s website.

New report: “Abuses at the U.S.- Mexico Border: How To Address Failures and Protect Rights”

I’m pleased and relieved to publish a report that I’ve been working on for months with colleagues at the Kino Border Initiative in Nogales. It’s a good one. It’s long—but that’s because we’ve packed it with vivid examples and a ton of policy recommendations.

My work in the past few years has documented a ton of human rights violations carried out by U.S. federal border law enforcement agencies. It’s a problem. But I’m reluctant to blame most Border Patrol agents and CBP officers themselves. They work in an environment in which complaints and allegations of bad behavior usually go nowhere. The Department of Homeland Security’s (DHS) accountability system is so dysfunctional that there’s little probability of consequences for human rights abuse.

Today’s report, “Abuses at the U.S.- Mexico Border: How To Address Failures and Protect Rights,” documents the extent of the problem, explains how DHS’s accountability system is supposed to work, explains why and when it usually fails, and then offers more than 40 recommendations.

Please give it a look. The whole 20,000-word beast is out in web and PDF formats, plus briefer, heavily abridged versions as PDFs in English and Spanish.

Here’s the executive summary, from the report’s main page:

A U.S.-Mexico border that is well governed and that also treats migrants and asylum seekers humanely can go hand in hand and should not be seen as an unattainable aspiration. For this to happen, U.S. government personnel who abuse human rights or violate professional standards, must be held to account within a reasonable amount of time and victims must receive justice.

Right now, at the U.S.-Mexico border, this rarely happens.

  • Customs and Border Protection (CBP), the federal government’s largest civilian law enforcement agency, has a persistent problem of human rights abuse without accountability. Many, if not most, CBP officers, and agents in CBP’s Border Patrol agency are professionals who seek to follow best practices. However, the frequency and severity of abuse allegations indicate that a substantial number of officers and agents don’t meet that standard. Further, the record suggests that existing investigations are flawed and incomplete, while disciplinary procedures are not credible enough to change their behavior.
  • This report gives numerous examples of alleged abuse, as well as insubordinate or politicized behavior since 2020. Some of the cases are severe, involving misuse of force or even loss of life. Many other examples of cruelty and victimization take place on a daily basis, such as  unprovoked violence during arrests, abusive language, denial of food or medical attention, family separations, non-return of documents and valuables, dangerous deportations, racial profiling, and falsifying migration paperwork. The Washington Office on Latin America (WOLA) keeps a regularly updated database documenting these abuses.
  • The investigations of many of these allegations would not take place without the work of outside actors like human rights defenders, journalists, whistleblowers and the victims themselves. Investigations can begin in two ways. Some—often, the most serious cases—start at U.S. government investigators’ own initiative, especially if the site of the abuse is a crime scene. Many others require outside actors to take the first step. Without their initiative, most such cases would never be investigated at all—and, as this report shows, many still don’t get investigated.
  • For a victim or advocate seeking to make a complaint and achieve redress, the accountability process is bewildering, opaque, and slow-moving. Right now, outside efforts to gain accountability for abuse must go through a convoluted system that has been cobbled together in the 20 years since the Department of Homeland Security’s (DHS) founding. Four agencies with overlapping responsibilities handle complaints and pass cases between each other. All suffer from personnel and other capacity shortfalls, and some have insufficient power to make their recommendations stick.
  • There are several frequent “failure points” where cases commonly lead nowhere, ” leaving victims without justice and harming the credibility of the DHS accountability process. In its accompaniment of migrant victims who come from CBP custody to its shelter in Nogales, Sonora, Mexico, the Kino Border Initiative (KBI) often sees complaints go nowhere. Cases get entered into a database without further action. They get closed because of ongoing litigation, even about general topics, or because “policy was not violated.” Cases get forwarded to other agencies, then nothing happens. Sometimes, there is no response at all. This report’s second section documents painful examples of abuses suffered and what this inability to get past “failure points” looks like, including to victims—some of whom are deported without ever speaking to an investigator.
  • The status quo is unsustainable. Strengthening accountability will require action from many quarters. The way ahead involves improving the complaints process, investigations, discipline, congressional oversight, and cultural change. WOLA and KBI researchers drew on our experience, on many conversations with advocates and officials, and on extensive reading of existing literature to pull together more than 40 recommendations. Among them:
    • The complaints process: it is urgent to improve personnel capacity to reduce caseloads, to ease intakes, to offer real-time feedback to complainants about the status of their cases, to inform about resulting recommendations, and to explain why investigations were terminated.
    • Investigations: it is crucial to relieve complainants of the burden of knowing which of four agencies to complain to, to stop the DHS Inspector General (OIG) from freezing investigations by holding on to cases without acting, to improve agencies’ ability to handle complaints with multiple allegations, to build up staffing, to deploy and use more body-worn cameras, to ensure that victims are interviewed, and to make top-level management changes at the OIG.
    • Discipline: it is vital to strengthen CBP’s use of force standard to “necessary and proportionate,” to make it more difficult to overrule investigators’ disciplinary recommendations in human rights cases, to get officials in the chain of command out of discipline decisions, and to empower the National Use of Force Review Board to issue quicker, tougher decisions.
    • Congressional oversight: legislators and their staff need to carry out more hearings, issue more written inquiries, and add more reporting requirements about accountability, while passing legislation to clarify oversight agencies’ jurisdictions and increase their funding.
    • Cultural change: key steps include getting the Border Patrol Union out of human rights and other misconduct cases involving members of the public, taking stronger measures on sexual harassment and bolstering the recruitment of women, protecting whistleblowers, closing the current loophole allowing racial profiling, and taking Border Patrol agents out of asylum processing.

This agenda of recommended reforms is ambitious, and many sectors have roles to play: DHS officials, legislators, NGOs, journalists, philanthropists, and—first and foremost—agents and officers themselves. But as the many examples of injustice documented here make clear, there is no choice: this is a matter of democratic rule of law, both at the border and beyond it.

This report was made possible, and tremendously improved, by editing, design, research, communications, and content contributions from Kathy Gille, Joanna Williams, Ana Lucía Verduzco, Zaida Márquez, Sergio Ortiz Borbolla, Milli Legrain, and Felipe Puerta Cuartas. We could not do this work without the generosity of our supporters; please become one of them.

Event and Report Launch Wednesday… been working on this one for a while

Next Wednesday, WOLA is publishing a report that I’ve been working on for months, with colleagues at the Kino Border Initiative in Nogales.

It’s an in-depth look at

  • CBP’s and Border Patrol’s serious, pervasive human rights problem
  • Why DHS’s accountability efforts constantly fail
  • What we can do about it

Our launch webinar is at 2PM Eastern next Wednesday, August 2.

There’s a lot of ground to cover! Join us if you can – here’s the RSVP link.

Here’s the text of the event announcement from WOLA’s website.

The Washington Office on Latin America (WOLA) and Kino Border Initiative (KBI) cordially invite you to the following webinar:

Abuses at the U.S.- Mexican Border: How To Address Failures and Protect Rights

A U.S.-Mexico border that is well governed can go hand in hand with a border where migrants and asylum seekers receive humane treatment. For this to happen, U.S. government personnel who abuse human rights or violate professional standards must be held to account and victims must receive justice.

Right now, at the U.S.-Mexico border, this rarely happens. Customs and Border Protection (CBP), the federal government’s largest civilian law enforcement agency, has a persistent problem of human rights abuse without accountability. 

Many, if not most, CBP officers, and agents in CBP’s Border Patrol agency, are professionals who seek to follow best practices. However, the frequency and severity of abuse allegations suggests that agents who do, have little reason to be concerned about consequences from an accountability system that yields few results.

Join us to discuss the launch of our new report, Abuses at the U.S.-Mexican Border: How To Address Failures and Protect Rights. While documenting the problem at the border and showing “failure points” to accountability, the Washington Office on Latin America (WOLA) and the Kino Border Initiative (KBI) offer more than 40 recommendations for more effective complaints, investigations, discipline, oversight, and cultural change. 

The report is a product of years of work documenting human rights violations committed by U.S. federal law enforcement forces at the U.S.-Mexico border. WOLA, based in Washington D.C, maintains a database of over 400 cases—many of them severe—compiled since 2020. KBI has documented thousands of cases of abuse narrated by migrants who have sheltered at its facilities in Nogales, Sonora, Mexico. KBI has generated hundreds of formal complaints since 2015 in an effort to improve accountability. 

Of complaints since 2020, 95 percent resulted in no accountability outcome at all. Changing an abusive culture, and increasing the probability of accountability, can take many years and will face political headwinds. But as the many, often shocking, abuses documented by both organizations make strikingly clear, there is no other choice: this is a matter of democratic rule of law, both at the border and beyond it. The United States must bring its border law enforcement agencies’ day-to-day behavior back into alignment with its professed values, especially at a time of historic migration.

With:

Adam Isacson

  • Director for Defense Oversight, Washington Office on Latin America, WOLA

Zoe Martens

  • Advocacy Coordinator, Kino Border Initiative, KBI

Joanna Williams

  • Executive Director, Kino Border Initiative, KBI

Wednesday, August 2, 2023

14:00 – 15:00 ET / 11:00 – 12:00 MST

Register to join the webinar here.

Honduras trip report is out

Four weeks ago, I was flying back from our 10-day trip to Honduras. Today, we’ve managed to write and lay out a graphical report about what we learned.

The full, 7,000-word, photo-filled, English version is here.

The PDF version of the same is here.

Una traducción del resumen ejecutivo está aquí.

Here’s the summary in English. The much more interesting full report, again, is here.

Halfway to the U.S.: A Report from Honduras on Migration

by Adam Isacson and Ana Lucia Verduzco and Maureen Meyer

  • Four current and former WOLA staff members—Adam Isacson, Maureen Meyer, Ana Lucia Verduzco, and Joy Olson—visited Honduras from April 26th to May 5th, 2023.
  • Why we visited: WOLA has done extensive research on the U.S.-Mexico border, throughout Mexico and the Mexico-Guatemala border, and the Darién Gap has begun to draw attention. But the U.S – Mexico border is the end of a long journey, and much of what happens elsewhere along the U.S.-bound migration route is poorly understood. WOLA wants to tell the story of what’s happening at key stages of the migration route because needs are urgent and the region is experiencing unprecedented human mobility.
  • What we found: Honduras, like its neighbors, now experiences four kinds of migration:
    • Hondurans who are departing
    • Hondurans who are internally displaced
    • Hondurans deported back from other countries
    • International migrants transiting the country
  • As everywhere along the migration route, numbers of international migrants passing through the country are up, as the land route from South America has opened up since 2021. Many U.S.-bound migrants are from other continents. To reflect this new reality, humanitarian aid providers call on international and national funding to be more consistent and reliable.
  • For migrants transiting Honduras, the country is a “respiro—a place to catch one’s breath—or even a “sandwich” between arduous and unwelcoming journeys before (Darién Gap, Nicaragua) and after (Guatemala, Mexico).
  • This is largely because Honduras is neither deporting nor detaining most migrants, and it has waived a fine that it had been charging for travel documents required to board buses. That fine had left many migrants in Honduras stranded, while providing corrupt authorities with an opportunity for extortion. Upon entry, most migrants now register directly with the government without the need to pay a fee. This reduces opportunities for organized crime. It also makes transiting the country slightly more bearable and provides a more accurate registry of those who enter the country. This “amnesty” policy is a necessary alignment with reality. Honduras should make it permanent, and other countries along the route would do well to emulate aspects of it.
  • Migrants—both those transiting Honduras and Honduran migrants departing the country—are traveling with widely varying levels of information about what lies ahead. While some were aware of the “CBP One” app and the significance of May 11, 2023, the day that Title 42 ended, almost no migrants with whom WOLA interacted had clear knowledge of the complex U.S. asylum process. Some did not even know how many more countries remained to cross in the days ahead.
  • The United States and Mexico deport 1,500-2,000 Honduran migrants in a typical week. Attention to deported migrants as they arrive in Honduras is supported by the U.S. government, indirectly through international organizations and humanitarian groups. Conditions are relatively dignified and well resourced, despite some serious short-term needs. But assistance with reintegration largely stops at the doors of the reception centers. Security risks are high, but economic and psychosocial needs are the most urgent.
  • Upon arrival in Honduras, deported migrants share alarming testimonies about the treatment they receive while in the custody of, and being transported by, U.S. law enforcement agencies. These rarely end up with investigations or discipline because pathways to reporting are often unclear or inaccessible, especially when witnesses are deported.
  • International humanitarian officials and Honduran experts joined calls for more clarity and stability in U.S. immigration policy, and simpler access to reliable, current information about existing legal pathways to migration.
  • Key reasons Hondurans migrate overlap in complex ways. It is hard to extricate economic need from the security situation as gang extortion has shuttered businesses and depressed economies. Corruption—and impunity for corruption— in turn feed a national malaise and sense of rootlessness or hopelessness that spurs migration. Add to these: discrimination, domestic violence, the effects of climate change, and the need to provide remittances to loved ones.
  • WOLA’s time in Honduras was a reminder of the pressing need to find long-term alternatives to mass migration flows. These include community-based and institutional reforms that address the conditions forcing people to leave: poverty, violence, impunity, corruption, persecution, climate change, domestic violence, and a general sense of “rootlessness.”
  • Experts and service providers warned against being tempted by quick fixes that promise short-term results at great long-term cost, like the state of emergency and mass incarceration that President Nayib Bukele is carrying out in neighboring El Salvador.

The full report

From WOLA: CBP and Border Patrol Deadly Force Incidents Since 2020

In my work on border security at WOLA, I maintain a database of cases of alleged human rights abuse and other misconduct committed by Customs and Border Protection (CBP) and Border Patrol personnel since 2020. It’s too large, with over 370 entries, and I have some in my inbox that still need to be entered.

Among the most serious are cases in which agents have taken a life, in circumstances that don’t make clear that an imminent risk of death or bodily injury warranted use of deadly force.

This commentary, published today, lays out the 10 cases since 2020 in our database that stand out to us as “cases of fatalities since 2020 that may—pending the final outcome of investigations, complaints, and litigation—have violated the agencies’ Use of Force policy.”

It’s very troubling, and highlights problems with the DHS accountability process. Read it here.

At wola.org: “How the Biden Administration May Keep Asylum out of Reach After Title 42”

Title 42 could finally end, along with the U.S. government’s COVID-19 public health emergency, on May 11. This new commentary lays out what may happen next.

According to what’s taking shape, migrants seeking protection in the United States may still face a hard time. The Biden administration may reject asylum seekers using a “transit ban” and expedited removal procedures, if Mexico takes deportees. The blow would be softened by two programs, humanitarian parole and use of the “CBP One” app, but both are deeply flawed right now and need a lot of fixes.

Read the whole thing here. También está disponible en español.

Title 42 Must End. Here are Five Reasons Why

Just posted at wola.org, drafted by WOLA’s communications team with much input and edits from Maureen Meyer and me. As Title 42’s end date nears a Supreme Court showdown, here in 1,280 words are 5 reasons why it should terminate, as soon as possible.

Title 42 Must End. Here are Five Reasons Why (in <1,300 words):

  1. It’s illegal
  2. It wasn’t designed to protect public health
  3. It creates a discriminatory system
  4. It puts people in need of protection in further danger
  5. It undermines the U.S. ability to promote a protection-centered response to regional migration

Read the whole thing here.

WOLA Podcast: Unprotected at the U.S.-Mexico Border

For the latest episode of WOLA’s far-too-infrequent podcast, three colleagues and I talked for nearly an hour about what we saw and heard during a week along the U.S.-Mexico border in mid-November. We’re definitely still processing it.

Here’s the text from WOLA’s website:

During a week in mid-November, WOLA staff visited both sides of the U.S.-Mexico border, from El Paso and Ciudad Juárez, west through Tucson and Nogales, and on to Yuma and San Luis Río Colorado. We spoke to shelter personnel, advocates, experts, service providers, and many migrants.

The migrants we met were stranded in Mexican border cities, fleeing violence and state failure but unable to ask for protection in the United States, a right normally enshrined in U.S. law, due to ongoing Trump and Biden administration policies.

Many were from Venezuela, whose citizens the United States began expelling into Mexico, under the 33-month-old Title 42 pandemic authority, in mid-October. Many were from Central America and Mexico. Some were living in overwhelmed shelters, many others were living in a tent encampment where nighttime temperatures dropped to freezing.

In this episode, WOLA staff talk about what we saw and heard on this trip at a time when the largest obstacle to seeking asylum in the United States may be about to fall. A federal judge struck down Title 42 on November 15, while we were traveling. It could finally be lifted, and the right to seek asylum at least somewhat restored, by December 21. We discuss what may come next, and what new maneuvers the Biden administration is contemplating to deter migrants from seeking asylum after Title 42 ends.

Four WOLA staff members who visited the border in November participate in this episode:

Download the podcast .mp3 file here. Listen to WOLA’s Latin America Today podcast on Apple Podcasts, Spotify, iHeartRadio, or wherever you subscribe to podcasts. The main feed is here.

Next Tuesday: Abuse, Accountability, and Organizational Culture at U.S. Border Law Enforcement Agencies

I don’t host events very often, and I’ve wanted to do this one for a while.

There’s a few colleagues in Washington and at the U.S.-Mexico border whose work I really admire: people who take testimonies from migrants about abuse they say they suffered at the hands of U.S. border law enforcement agencies (CBP and Border Patrol), and people who doggedly follow the DHS complaints process and otherwise seek reforms to hold abusers accountable. It’s hard work.

I’m delighted that four of these colleagues accepted my invitation to talk about their work, what they’re finding, what happens when you try to achieve justice or redress after an abuse occurs, and how to bring about institutional and cultural change.

We’ll be talking at 1:00pm Eastern next Tuesday in this virtual event. I’ll share the video on YouTube (and embedded here) afterward. Please join, and share—here’s the WOLA event announcement.

Colombia Elections: ‘The Next President is Either Going to Effectively Kill the Peace Accord or Save it’

Here’s highlights of a discussion Gimena Sánchez and I had with Héctor Silva at WOLA the other day.

The first round of the Presidential elections in Colombia was marked by the real possibility of a triumph of the political left, a stalemate in the peace process, the proliferation of armed groups, and growing violence.

Gustavo Petro, former senator and former mayor of Bogota, obtained 40 percent of the votes and Rodolfo Hernández, an emerging candidate, came in second with 28 percent. One of the big questions ahead of the second round on June 19 is whether Hernández will be able to capitalize on the 55 percent of voters who did not choose Petro.

In this interview, Gimena Sánchez, Director for the Andes at WOLA and Adam Isacson, Director for Defense Oversight at WOLA, discuss the main challenges the new president will face, the risks of electoral violence, and the implications of Colombia’s new political map for the bilateral relationship with the United States.

Read in English at wola.org | Leer en español en wola.org

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