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Mexico Drug War Update

by Bernd Debusmann, Jr.

Mexican drug trafficking organizations make billions each year smuggling drugs into the United States, profiting enormously from the prohibitionist drug policies of the US government. Since Mexican president Felipe Calderon took office in December 2006 and called the armed forces into the fight against the so-called cartels, prohibition-related violence has killed more than 28,000 people, the government reported this month. The increasing militarization of the drug war and the arrest of dozens of high-profile drug traffickers have failed to stem the flow of drugs -- or the violence -- whatsoever. The Merida initiative, which provides $1.4 billion over three years for the US to assist the Mexican government with training, equipment and intelligence, has so far failed to make a difference. Here are a few of the latest developments in Mexico's drug war:

municipal building, San Fernando, Tamaulipas
Thursday, August 19

In Ciudad Juarez, 12 people were killed in various parts of the city. In one case, a man on a bus was killed after being shot by another passenger, who was apparently following him and waiting for an opportune moment to strike. In another incident, a group of armed men stormed a house, killing one man and leaving a woman and a child wounded.

Friday, August 20

In Monterrey, two private security guards were killed after a shootout in front of the prestigious American School Foundation, known for educating the children of many wealthy locals and those of American expatriates. The gun battle apparently began after the guards had a verbal altercation with a group of armed men who were driving near the school. Four guards who disappeared under unclear circumstances during the gunfight turned up safely on Friday. It is unclear whether the men fled or were kidnapped by the gunmen, as has been reported in the Mexican media.

Saturday, August 21

In El Paso, a bullet fired during a gunfight in Ciudad Juarez struck a building belonging to the University of Texas at El Paso (UTEP). At least eight rounds fired in Ciudad Juarez have struck buildings in El Paso in recent weeks.

Sunday, August 22

In Cuernavaca, four bodies were discovered hanging from a bridge. The bodies had been decapitated and mutilated, and their genitals had been removed. A note left at the scene indicated that the men were affiliated with American-born cartel figure Edgar Valdez Villareal, who is currently in a power struggle with Hector Beltran-Leyva for control of the Beltran-Leyva Organization. Cuernavaca has seen a dramatic surge in violence since cartel boss Arturo Beltran-Leyva was killed in December, leaving his organization leaderless.

Monday, August 23

In Hidalgo, seven bodies were discovered inside two mines that were being used as clandestine graves by suspected drug cartels. Authorities were led to the mine by several suspects arrested last week, including three police officers. In May, a similar discovery in Taxco led to the discovery of 55 bodies.

In Ciudad Juarez, five people were killed in several incidents in the city. Among the dead was a federal police officer who had been decapitated, dismembered, and whose body parts were left strewn along a highway. In another incident, a municipal policewoman was shot dead off-duty as she drove in a car with her child, who was left uninjured.

Tuesday, August 24

In Tamaulipas, 72 bodies were discovered at a farm after a gun battle in San Fernando, about 100 miles from Brownsville, Texas. The bodies were discovered by Marines acting on a tip from a man who claimed he was an illegal migrant who had been kidnapped. Initial reports suggest that the dead are mainly Central American immigrants who were killed after refusing to pay an extortion fee. Drug cartels, particularly the Zetas Organization which is powerful in Tamaulipas, have increasingly begun kidnapping migrants in addition to narcotics smuggling.

Near Acapulco, two bodies were discovered hanging from an overpass bridge on the highway from Chilpancingo. Their arms had been chopped off and a note was left with the bodies threatening extortionists, kidnappers, and the army.

In Mexico City, investigators from the UN and the OAS said that Mexico was the most dangerous place for journalists in the Americas. Some 60 journalists have been killed in the country since 2,000, according to the National Human Rights Commission.

Wednesday, August 25

In Sinaloa, three young men were found dead inside a car near the town of Las Palmas. All three had been reported missing on Sunday. At least one of the bodies, found in the trunk of the car, had signs of torture. All three had been shot.

Total Body Count for the Week: 301

Total Body Count for the Year: 7,331

Read the previous Mexico Drug War Update here.

San Fernando, TAM
Mexico

Drug Offenses 1/3 of US Criminal Deportations, DHS Says

Update: When published, this article incorrectly reported that aliens in the US face deportation for even a single marijuana possession misdemeanor. No, it takes two misdemeanor marijuana possession offenses to do that. We have modified the article accordingly. 

The United States last year deported more than 128,000 foreigners for committing crimes in the US, with people convicted of drug offenses making up nearly one-third of the total, according to a Department of Homeland Security report released last week. Some 37,000 foreign nationals were deported for drug offenses in fiscal year 2009, the report found, or 29.6% of all those deported under the criminal alien removal program.

Immigration and Custom Enforcement (ICE) photo
Under US immigration laws non-citizens can be deported for any drug offense, except the simple possession of marijuana--although a second pot possession offense qualifies as deportable. The report supplies no breakdown of how many people were deported for which drug offenses.

The number of people deported for drug offenses was nearly double the second and third place offense categories. More than 20,000 people were deported for traffic violations and more than 19,000 were deported for immigration offenses.

Persons convicted of what are commonly considered serious crimes (assault, larceny, burglary, robbery, fraud, sexual assault) made up only 20.7% of those deported. "Family offenses" accounted for another 2%, while the category "other" included 16.5%.

Overall deportations are down from last year, with 290,000 people being removed by July 22, the agency reported. At the same time last year, 322,000 had been deported. But the percentage of people deported for committing crimes is up to nearly 50% this year, compared to 30% for the same period last year.

The Obama administration's push against criminal immigrants has been criticized both by advocates of tougher immigration policies, who applaud the crackdown on criminals but want to see it extended to non-criminal aliens, and by immigration rights activists for deporting more people than the Bush administration and deporting people, including some who have spent their entire lives here, for minor criminal offenses.

Washington, DC
United States

Congress Approves $600 Million for More Cops, Drones on Mexico Border [UPDATED]

(This is an updated version, posted August 11, of an article originally published on August 7.)

Acting to fulfill a June request from President Obama, the Senate last Thursday approved spending $600 million to increase the law enforcement presence on the US-Mexico border. The House earlier approved a $701 million version of the bill, and Tuesday moved on a voice vote to accept the Senate version.

military drone planes
The Obama request was largely a response to the meltdown over immigration in Arizona and calls to "secure the border" from Republicans. It also reflected heightening concern about the prohibition-related violence bloodying the Mexican side of the border. Last year, Obama had vowed to pass comprehensive immigration reform, but at this point, all that's left is more money for law enforcement.

The Senate bill, sponsored by Sens. Charles Schumer (D-NY) and Claire McCaskill (D-MO) provides funds for purchasing more unmanned drone surveillance aircraft ($32 million), 1,000 new Border Patrol agents to form a rapid-deployment unit ($129 milllion), as well as another 250 agents each for Immigration and Customs Enforcement, or ICE ($50 million) and Border Protection ($29 million).

Then there's $10 million for investigators to stop corruption in the Border Patrol and ICE, $14 million for communications equipment for new officers, $6 million for forward operating bases near the border, $30 for border interdiction, $8 million for a federal law enforcement training center, $10 million for federal judiciary resources for increased caseloads, $196 million for the Department of Justice, $13 million for border area US Attorneys, $8 million for more US Marshals along the border, and $7 million for border processing of apprehended drug and human traffickers.

The Bureau of Alcohol, Tobacco, and Firearms gets $37 million in the border beef-up, the DEA gets $34 million, and the FBI gets $24 million. And then there's another $21 million for "interagency crime and drug law enforcement along the border," another $20 million for a federal prison system for immigration criminals, and, finally, $2.1 million to "expedite" the deportation of aliens along the border.

The Senate bill pays for the spending by imposing a new tax on companies that hire foreign workers. Companies affected would be those that hire more than 50 H1B or L visa foreign workers.

"What a relief that the Senate is still capable of passing measures that are really needed without playing political games," McCaskill said Thursday after the vote. "America must do a better job of securing our borders. This bill will help in a big way."

"This bipartisan effort shows we are serious about making the border more secure than ever. Now our attention must turn to comprehensive reform, which is the only way to fully address the problem of illegal immigration," said Schumer, the chairman of the Senate Immigration Subcommittee.

And so the show goes on, just as the flows of drugs and immigrants go on.

Washington, DC
United States

The Border: Obama Seeks $600 Million in Emergency Funds for Heightened Security

The Obama administration asked Congress Tuesday to allocate $600 million in emergency funds to enhance security on the US-Mexico border. The move comes as the administration is under boisterous attack by "secure the border" advocates who seek to shunt aside comprehensive immigration reform in favor of merely walling us off from our neighbors.

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Reynosa/Hidalgo border crossing (courtesy portland.indymedia.org)
The funding would finance the hiring of another 1,000 Border Patrol agents, another 160 Immigration and Custom Enforcement agents, extra Border Patrol canine teams, and the purchase of two unmanned drones to overfly the border. It would also provide funding for extra FBI task forces, DEA agents, prosecutors, and immigration judges.

The federal law enforcement presence on the border is already at record levels. The Border Patrol has doubled in size since 2004 and now fields some 20,000 agents. The emergency funding request would allow for another 5% increase in their numbers.

President Obama said the budget request "responds to urgent and essential needs" in a letter to House Speaker Nancy Pelosi (D-CA) asking that the request be considered an emergency. "These amendments would support efforts to secure the Southwest border and enhance federal border protection, law enforcement and counter-narcotics activities," Obama wrote.

Last month, the administration announced it was sending 1,200 National Guard troops to the border and that he would seek $500 million in emergency funding. This week's funding request covers that and adds an additional $100 million taken from other Homeland Security programs.

The Border: Obama to Send 1,200 National Guard Troops in Bid to Fight Drugs

The Obama administration said Tuesday it would send 1,200 National Guard troops to the US-Mexico border and spend more law enforcement money there to combat drug smuggling. The troops will not be used on the front-line, but will provide support services to the already beefed-up border law enforcement apparatus.

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Esequiel Hernandez was killed by US Marines near the Texas border, while herding sheep. Are there more such victims to come?
The announcement came as the administration came under increasing pressure from lawmakers on both sides of the aisle to "do something" about border security and reflects concerns about the politics of immigration as well as the war on drugs.

Arizona Gov. Jan Brewer (R) last week called on Obama to send National Guard helicopters from neighboring states to Arizona. She didn't get the choppers, but she did get some attention, and now she will get some National Guardsman.

Although Brewer and other conservatives -- and some liberals -- are screaming to high heaven about the need for more border enforcement, the need for it isn't absolutely clear. In Arizona, the crime rate is down, there are signs that immigrants are leaving, and despite wildly exaggerated claims, Mexican drug cartels are generally very good at keeping their spectacular violence on the other side of the border.

The Obama National Guard deployment is a faint echo of President Bush the Junior's two-year deployment of 6,000 National Guard troops to the border beginning in 2006. Those troops were credited with helping in the arrest of more than 160,000 undocumented immigrants, the seizure of $69,000 in cash, and 305,000 pounds of drugs.

Arizona Republican Sen. John McCain, fending off a challenge from a rightist congressman, said that 1,200 troops wasn't enough. In a Senate maneuver, he tried to get funding for 6,000 troops Thursday, but was rebuffed.

Drug War Chronicle Book Review: "Drug War Zone: Frontline Dispatches from the Streets of El Paso and Juarez," by Howard Campbell (2009, University of Texas Press, 310 pp., $24.95 PB)

Phillip S. Smith, Writer Editor

Howard Campbell's "Drug War Zone" couldn't be more timely. Ciudad Juárez, just across the Rio Grande from El Paso, is awash in blood as the competing Juárez and Sinaloa cartels wage a deadly war over who will control the city's lucrative drug trafficking franchise. More than 2,000 people have been killed in Juárez this year in the drug wars, making the early days of Juárez Cartel dominance, when the annual narco-death toll was around 200 a year, seem downright bucolic by comparison.

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The violence in Mexico, of which Juárez is the current epicenter, has been setting off alarm bells in Washington, and the US has responded with thousands more law enforcement agents on the border and more than a billion dollars in aid to the Mexican government. In other words, what we've been doing hasn't worked, so let's do even more of it, even more intensely.

We've all seen the horrific headlines; we've all seen the grim and garish displays of exemplary violence; we've read the statistics about the immense size of the illegal drug business in Mexico and the insatiable appetites of drug consumers in El Norte ("the north," e.g. the US). What we haven't had -- up until now -- is a portrayal of the El Paso-Juárez drug trade and drug culture that gets beneath the headlines, the politicians' platitudes, and law enforcement's self-justifying pronouncements. With "Drug War Zone," Campbell provides just that.

He's the right guy in the right place at the right time. A professor of sociology and anthropology at the University of Texas-El Paso who has two decades in the area, Campbell is able to do his fieldwork when he walks out his front door and has been able to develop relationships with all sorts of people involved in the drug trade and its repression, from low-level street dealers in Juárez to middle class dabblers in dealing in El Paso, from El Paso barrio boys to Mexican smugglers, from journalists to Juárez cops, from relatives of cartel victims to highly-placed US drug fight bureaucrats.

Using an extended interview format, Campbell lets his informants paint a detailed picture of the social realities of the El Paso-Juárez "drug war zone." The overall portrait that emerges is of a desert metropolis (about a half million people on the US side, a million and a half across the river), distant both geographically and culturally from either Washington or Mexico City, with a long tradition of smuggling and a dense binational social network where families and relationships span two nations. This intricately imbricated web of social relations and historical factors -- the rise of a US drug culture, NAFTA and globalization -- have given rise to a border narco-culture deeply embedded in the social fabric of both cities.

(One thing that strikes me as I ponder Campbell's work, with its description of binational barrio gangs working for the Juárez Cartel, and narcos working both sides of the border, is how surprising it is that the violence plaguing Mexico has not crossed the border in any measurable degree. It's almost as if the warring factions have an unwritten agreement that the killings stay south of the Rio Grande. I'd wager they don't want to incite even more attention from the gringos.)

Campbell compares the so-called cartels to terrorists like Al Qaeda. With their terroristic violence, their use of both high tech (YouTube postings) and low tech (bodies hanging from bridges, warning banners adorning buildings) communications strategies, their existence as non-state actors acting both in conflict and complicity with various state elements, the comparison holds some water. Ultimately, going to battle against the tens of thousands of people employed by the cartels in the name of an abstraction called "the war on drugs" is likely to be as fruitless and self-defeating as going to battle against Pashtun tribesmen in the name of an abstraction called "the war on terror."

But that doesn't mean US drug war efforts are going to stop, or that the true believers in law enforcement are going to stop believing -- at least most of them. One of the virtues of "Drug War Zone" is that it studies not only the border narco-culture, but also the border policing culture. Again, Campbell lets his informants speak for him, and those interviews are fascinating and informative.

Having seen its result close-up and firsthand, Campbell has been a critic of drug prohibition. He still is, although he doesn't devote a lot of space to it in the book. Perhaps, like (and through) his informants, he lets prohibition speak for itself. The last interview in the book may echo Campbell's sentiments. It's with former Customs and Border Patrol agent Terry Nelson. In the view of his former colleagues, Nelson has gone over to the dark side. He's a member of Law Enforcement Against Prohibition.

If you're interested in the border or drug culture or the drug economy or drug prohibition, you need to read "Drug War Zone." This is a major contribution to the literature.

Drug War Chronicle Book Review Essay: "Righteous Dopefiend" and "This is for the Mara Salvatrucha: Inside the MS-13, America's Most Violent Gang"

Drug War Chronicle Review Essay: "This is for the Mara Salvatrucha: Inside the MS-13, America's Most Violent Gang," by Samuel Logan (2009, Hyperion Press, 245 pp., $24.99 HB) and "Righteous Dopefiend," by Philippe Bourgois and Jeff Schonberg (2009, University of California Press, 392 pp., $24.95 PB)

Phillip S. Smith, Writer/Editor

These two books have little in common except that they focus on two deviant subcultures of interest to people curious about various facets of drug policy: Central American immigrant gang-bangers in the former and, less obviously, middle-aged, homeless San Francisco heroin addicts in the latter. Neither group has much to do with the other, except that perhaps some of the gang members could have peddled some of the heroin that went into those addicts' arms. What makes both groups -- and both books -- of interest to the Chronicle is that neither group would exist as presently constituted absent the regime of drug prohibition.

http://www.stopthedrugwar.org/files/marasalvatrucha.jpg
"This is for the Mara Salvatrucha" is described as journalist Samuel Logan's effort to peek behind the curtain of one of America's largest street gangs, but with the exception of a few passages scattered through its pages, the book concentrates almost exclusively on the fate of Brenda Paz, a Honduran teenager who got caught up in the gang in Dallas and was quickly brought into local inner circles because she was the girlfriend of a local leader. When Paz's gang-leader boyfriend killed another Dallas area teenager in Paz's presence to steal his car, Paz fled to northern Virginia to avoid prosecution. There, she hooked up with another murderous local Mara leader, got arrested, and turned informant.

Thanks to Paz's extensive interviews with local, state, and federal law enforcement officials, police got their best insights yet into the group's murky inner workings, its origins, and its breadth. Unfortunately, Logan devotes little attention to such things, preferring instead to craft a police procedural, which, while a page-turner in its own right, leaves this reader at least hungry for more solid information.

While Logan asserts that the Mara Salvatrucha is into extortion, dope dealing, and human smuggling, he doesn't really demonstrate it, nor does he demonstrate that the Mara is indeed "America's most violent gang." Logan shows us localized incidents of thuggery, some of them truly mindless and savage, but doesn't describe how the gang actually works, nor compare it in size and scope to other criminal gangs. Nor is there much material about Mara's presence in Central America -- it is particularly strong in El Salvador and Honduras -- a strange omission given Logan's acknowledgement of the gang's origin among Salvadoran immigrants in Los Angeles in the 1980s.

"This is for the Mara Salvatrucha" is an entrancing read in its own right, it does open some windows on the much feared organization -- although not nearly enough -- and it makes the reader develop an interest in Brenda Paz and her trip from innocent if troubled teenager to hardened gang-banger to the federal witness protection program. And that's sort of a shame, given how she ends up. I'll say no more; I don't want to spoil it for you.

Logan left me wishing that anthropologists Philippe Bourgois and Jeff Schonberg had written "This is for the Mara Salvatrucha," but that is a bit unfair. The urban ethnographers were able to spend a decade with the subjects of "Righteous Dopefiend," and those subjects, while constantly engaged in petty criminality, were not hardened, violent tough guys. Instead, they were middle-aged long-term heroin addicts, most definitely nowhere near as scary as a face-tattooed Mara killer. Still, whether it was differences in approach -- journalistic vs. anthropological -- or access to subjects -- limited and fraught with danger vs. long-term and fraught with being asked for spare change -- "Righteous Dopefiend" left me much more fulfilled.

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Bourgois and Schonberg came to be on intimate terms with a group of homeless heroin addicts camped in obscure spaces under freeway exchanges in San Francisco. Some were black, some white, a few Hispanic, a few were women. Good anthropologists that they are, there is plenty of theory mainly of interest to grad students, but it is nicely mixed in with real world observation, field notes, striking photographs (and the theory of the photographic gaze), and numerous transcripts of interviews with the aging junkies. (Before some reader jumps up to object to the term, let me just say I prefer the self-selecting "junkie" to the therapeutically-imposed and disempowering "addict.")

The junkie/addict distinction has a parallel in one of the distinctions Bourgois and Schonberg discovered among their homeless chronic heroin users. The white guys were much more likely to be alienated from their families than the black ones. The white guys sometimes didn't even know where their parents lived anymore, but the black guys would go home for birthdays, weddings, funerals, and other important occasions. They were more likely to be accepted as errant but still loved family members, while their white counterparts were more likely to be shunned. The junkies' own self-images reflected these contrasting familial responses, with the white ones adopting a hang-dog "outcast" persona compared to the black guys' graying Superfly "outlaw" persona.

The world of the "Righteous Dopefiend" isn't pretty. There are ugly abcesses and necrotizing fasciitis, there is the violence among the users and directed at them, they live in filth and squalor (although some try harder than others to rise above it), they are constantly driven by the need for the next fix and the fear of getting dopesick if they can't come up with the money to buy it.

But, like any of the rest of us, they are capable of acts of kindness and generosity. In the group Bourgois and Schonberg hung with, there was always at least a heroin-soaked bit of cotton for the person going without. There was romance, too, and a friendship and intimacy among "running partners" probably as genuine as any best friendship among non-homeless non-junkies.

By the way, that kindness and generosity often means sharing needles and cooking equipment. If three of you are going in on a $20 bag of Mexican tar, there is going to be some bodily fluid-swapping going on. Bourgois and Schonberg devote some attention to harm reduction practices, and amid all the talk about knowledge/power relations, one gets the general message that some harm reductionists need to do a better job of listening to their clients. Encouraging them moralistically to not share needles or cooking equipment when their circumstances make it inevitable that they will may not be the best approach, they suggest. Still, despite the critique, it is clear the author and the junkies appreciate the efforts at public health and harm reduction interventions. They are certainly preferable to interventions by police or Caltrans, which result in arrest or the trashing of the homeless camps and the loss of all possessions, and certainly more well-intentioned than the city's public hospitals, which insist that the junkies be literally on death's door before they admit them or the doctors who operate on abscesses without anesthetics and needlessly remove large chunks of flesh, leaving gaping wounds before pushing them back out onto the streets.

"Righteous Dopefiend" is most excellent. Even the theorizing is intelligible to the interested layperson (and will doubtless be grist for many a graduate seminar), and the theorizing is the basis for a well-informed critique of the social forces that create and impact the lives of their subjects. I feel like I got to know these people and gained some insight to how they live and think, and I deepened my understanding of why they live the way they do. What more can you ask of anthropology?

Feature: The Southwest Border Counternarcotics Strategy -- More, Better Drug War?

The Obama administration last Friday unveiled its Southwest Border Counternarcotics Strategy to deal with the unremitting prohibition-related violence plaguing Mexico, and especially its border cities. Since Mexican President Felipe Calderon enlisted the military in his offensive against the so-called cartels in December 2006, some 11,000 people have died in the violence, and the streets of Mexican border towns have at times resembled battlefields.

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US Border Patrol
In recognition of the continuing violence and heedful of Mexican criticism that the US is not doing enough on its end to undercut the cartels, the administration responded first with increased funding for border law enforcement in March and now with the new counternarcotics strategy. The new strategy will emphasize reducing demand in the US and targeting the flow of money and weapons south. It includes:

  • Building visual shields near border-crossing points so drug cartel spotters can't alert approaching motorists about inspections.
  • Improving non-lethal weapons technology to help officers incapacitate suspects and disable motor vehicles and boats used by traffickers.
  • Reviving an interagency working group to coordinate intelligence.
  • Using more intelligence analysts to uncover drug-dealing networks.
  • Helping Mexico bolster its judicial system through training in the United States.
  • Focusing on combating corruption among US law enforcement and elected officials.
  • Delivering an additional $60 million to border law enforcement agencies.

"This new plan, combined with the dedicated efforts of the government of Mexico, creates a unique opportunity to make real headway on the drug threat," said Gil Kerlikowske, head of the Office of National Drug Control Policy (ONDCP), at an Albuquerque press conference unveiling the new strategy.

"International cooperation is very, very key," said Homeland Security Secretary Janet Napolitano, taking time to praise Calderon for his efforts. "We have an unprecedented opportunity to work on drug trafficking on both sides of the border," she said. "We should not let this opportunity go by."

According to the Justice Department, Mexican and other South American drug trafficking organizations are laundering between $18 billion and $39 billion a year in drug profits in the US. Some of that money then goes to purchase weapons in the lightly-controlled US gun market. Traffickers use those weapons against each other, as well as Mexican police and soldiers, as evidenced dramatically last weekend in the Acapulco shootout that left 18 people dead, including two soldiers, and the killings of 13 people in Ciudad Juarez last Friday despite the presence of more than 5,000 soldiers patrolling the city.

Reducing demand in the US is a key part of the struggle, said Napolitano. "We can't just fight drugs at the border. We can't just fight drugs by fighting traffickers. We must fight drugs in the United States," Napolitano said.

"This strategy is tough, it's strong, and it's balanced," said Attorney General Eric Holder, adding that it will be "an effective way forward that will crack down on cartels and make our country safer."

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cross-border smuggling tunnel
Others weren't so sure that would be the case. "The new plan simply calls for rearranging deck chairs on the Titanic," said Aaron Houston, director of government relations for the Marijuana Policy Project. "The plan ignores the central problem, which is that our policy of marijuana prohibition has handed the Mexican cartels a massive market that keeps them rolling in cash, not just in Mexico, but according to the Department of Justice, in 230 American cities."

"Rather than trying to make America's 15 million monthly marijuana consumers go away, we need to gain control of this market by regulating marijuana like we do beer, wine and liquor," Houston continued. "Any anti-drug effort that leaves the marijuana trade in the hands of the cartels is nothing but a full-employment plan for professional drug warriors and cartel bosses alike, not a serious proposal to address the problem," he said.

The Drug Policy Alliance (DPA) was a bit more diplomatic. "The violence on the US and Mexico border is spiraling out of control because of the Mexican drug war. We are hopeful that Obama's new strategy will bring real change, and not more of the same policies that are failing our nation and communities," said Julie Roberts, acting director of Drug Policy Alliance New Mexico. "It is disappointing that our federal officials today remained focused on targeting the supply side of the Mexican drug war. Of course we need solutions that improve public safety and keep our country safe, but we also need to develop a public health plan for safely reducing drug demand in this country."

"The time has surely come to give serious consideration to taxing and regulating marijuana like alcohol," added DPA executive director Ethan Nadelmann. "That wouldn't solve all of Mexico's and America's prohibition-related problems, but it would prove invaluable in breaking the taboo on open debate and honest policy analysis, without which there can be no long term solutions to today's challenges."

While the criticism from drug reformers was blunt, some Latin Americanists had a more nuanced response. "This is the Obama administration's response to Mexico's criticism about the US not doing enough on arms trafficking, money laundering, and drug consumption," said Maureen Meyer of the Washington Office on Latin America. "The idea of enhanced cooperation among the different US agencies involved is an important step forward, and enhanced cooperation with Mexico is also important."

But while the administration is talking a good game, said Meyer, a look at the federal drug budget reveals a drug policy on cruise control. "The ONDCP drug control budget is a continuation of the same focus in US drug policy, with its objectives focusing a lot on interdiction and law enforcement, and not so much on arms trafficking. There is a slight increase in funding for treatment programs, but a reduction in funding for prevention. I don't see any shift in the balance," she said.

"When it comes to Mexico, what we need to see is a larger focus on some of the structural issues, such as reforming the police and the judicial system," Meyer said. "That is going to have more of a long-term impact than just providing more equipment for the police and the military."

For Larry Birns, executive director of the Council on Hemispheric Affairs, the new strategy appeared mostly symbolic. "I think the announcement of this strategy is way to put drug issues on the back burner for awhile while the administration deals with more pressing issues, like health care," he said. "The administration is trying to inoculate itself from criticism rather than undertaking an effort to effectively deal with drugs, which would involve the thornier border issues of immigration reform and the NAFTA traffic."

The border is a complicated place, affected not only by the drug trade but by licit trade, human migration, and weapons, among other issues. The drug trade in turn is driven by demand. Unfortunately, the Obama administration's Southwest Border Counternarcotics Strategy is largely more of the same old drug war, the critics suggest. Perhaps all the other issues would be better dealt without that drug war.

Feature: DC Moves Toward Stricter Penalties for Khat

For hundreds, if not thousands, of years, residents of the Horn of Africa and the southern Arabian Peninsula have partaken of khat, an evergreen plant native to the region. When the fresh leaves of the plant are chewed, they produce a mild stimulating effect. Friends of the plant liken the high to the buzz achieved from drinking strong coffee; foes, typically in law enforcement, are more apt to liken it to an amphetamine high.

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khat wrapped in banana leaves and smuggled in suitcase (usdoj.gov)
But with decades of war and internal strife in the late 20th Century, an East African diaspora occurred, with Ethiopians and Somalis scattering and creating new immigrant population centers across Europe, Australia, Canada, and the US. Not surprisingly, these emigrants brought with them their khat chewing habit.

Khat is not illegal under international law, although two of its active compounds are. Cathinone, the more powerful, is a Schedule I drug under the 1988 UN Convention on Psychotropic Drugs, while cathine, the less powerful, is Schedule IV. Cathinone is found only in fresh leaf, degrading rapidly once the plant is harvested.

With growing awareness of khat in recent years, a number of countries, including the US, have banned the plant. Here, fresh khat containing cathinone is a Schedule I controlled substance, the same schedule as heroin or LSD. Degraded khat containing only cathine is a Schedule IV controlled substance, like Valium, Librium, or Rohypnol.

Alongside the federal government, 28 states have criminalized khat. Washington, DC, home to one of the nation's largest East African communities, is not among them -- yet. Under current DC law, cathinone is not a controlled substance and people caught in possession of fresh khat face no local penalties. Oddly enough, the less powerful alkaloid cathine is a controlled substance under DC law, and possession with intent to manufacture or distribute carries a prison sentence of up to three years.

Last fall, at the urging of DC US Attorney Jeffrey Taylor, Mayor Adrian Fenty (D) introduced a proposal to criminalize fresh khat as a Schedule I drug, as it is under federal law. The DC City council is currently considering the proposal as part of its 2009 Omnibus Crime Bill and is likely to act on the measure before its session ends July 15.

"It's sad that they want to put the resources of crime fighting against individuals from a different culture who don't have anybody except their community and try to punish them for doing what they have always done," said Abdul Aziz Kamus of the DC-based African Resource Center. "It seems like DC wants to punish hard-working immigrant taxi drivers who are law-abiding citizens."

Kamus related the tale of an immigrant taxi driver who sought help from his office a few months ago. "This guy was a father of four, and he was terrified because they caught him buying khat and he had to go to court," he said. "He said: 'I didn't commit any crime, I bought this leaf to chew while I work 16 hours to support my family.' Why should the government want to punish him?"

Good question. The answer appears to be a combination of reflexive prohibitionist responses to new drug challenges, concerns about the impact of khat use on family life among elements of the East African community, and so far unsubstantiated fears that profits from the khat trade may be flowing into the hands of Al Qaeda-linked Islamic radicals in Yemen and Somalia.

"Law enforcement has intercepted fresh khat coming into the city, and it made sense to change the statute to reflect the more serious drug," Assistant US Attorney Patricia Riley told the Washington Times when the measure was introduced last fall. District law should be consistent with federal law, she said, adding that the potency of cathinone warranted the schedule bump.

DC Metro Police Detective Lorenzo James, who works narcotics and special investigations, told the Times that while he had not been able to develop evidence of khat profits funding terrorists, he was still suspicious. Khat traders in DC are using hawalas, or informal money transfer systems common to South Asia and the Middle East that have been tied to terrorists in the past, James said. "The money is not being kept here," he said.

Detective James was all for toughening the khat laws. "Why lock them up when you get a slap on the wrist for a schedule IV that the attorney's office does not want to prosecute?" he said. "I can tell you when you get it to a Schedule I, a lot of things are going to change."

Those reasons are not good enough for opponents of the measure, who are mobilizing to block it. Various groups and individuals have submitted testimony in a bid to kill it in the council's Judiciary Committee.

"We've learned from past examples that prohibiting a drug doesn't necessarily change use patterns; it just ensures that more folks go to jail or prison," said Naomi Long of the Drug Policy Alliance DC Metro program. "The primary users of khat are the East African community, and the people who would be impacted would be people from the East African community, who used it in their home countries much as we consume coffee here," she added.

"There is no evidence that recreational use is spreading among non-East Africans," said Long. "The use is based in the East African culture, and the idea that we have to clamp down on it to prevent its spread when it's not spreading is just silly," she added, deflating one argument for increased criminalization of the plant.

Long also challenged the alleged terrorist connection. "I don't think there has been any documented direct link showing a connection between khat users in the US and funding terrorism," she said. "We need to take a thoughtful approach to how we criminalize drugs here, given past experience."

"The federal government is talking about whether terrorist organizations are using the khat trade for cash money," noted Kamus. "If they are really worried about that, they should make it legal and regulate it and tax the people who sell it."

Kamus added another point. "It is the terrorist link they are talking about. They are not trying to say it causes crime or violence. It doesn't."

But that's not stopping the push to more deeply criminalize the plant. Taxi drivers' wake-me-up or terrorist drug threat? If we leave it up to the law enforcers and their cronies in government, we know what the answer will be.

Almost Any Drug Offense Can Keep You from Becoming a Citizen or Getting a Green Card

Yasha Spector of drugpolicycases.com has joined us in the Speakeasy with a discussion of the intersection of immigration law and drug law. As Spector, who works in immigration law, explains in some detail:
[P]retty much every drug offense is sufficient to permanently bar getting a green card or obtaining U.S. citizenship.
There are exceptions that the government can make in limited circumstances, but they are limited, and many more cases carry the likelihood of automatic deportation -- no judicial exceptions. Plea bargaining might help one avoid a prison sentence, but it doesn't help with the immigration problems. There was a little good news in this area courtesy the Supreme Court in 2006. But there is still little to be done in most cases, and people are being deported who for all intents and purposes have never lived in any other country than here.

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