Immigration

RSS Feed for this category

Book Review: "De los Maras a los Zetas: Los secretos del narcotrafico, de Colombia a Chicago" by Jorge Fernandez Menendez and Victor Ronquillo (Mexico City: Editorial Grijalbo, 2006, 290 pp. PB)

If one wishes an object lesson in the unintended consequences of drug prohibition, one need look no further than the other side of the Rio Grande. Like all borders, the US-Mexican border has always been the scene of a lively trade in contraband. Although the authors of "From the Maras to the Zetas: The Secrets of the Drug Trade, From Colombia to Chicago" don't get into the prehistory of Mexico's powerful drug trafficking organizations, way back in those halcyon days of the 1960s and 1970s, a lot of marijuana moved across that border, but it was a largely peaceful trade, often a family affair.

In 1982, when President Ronald Reagan, having declared a new war on drugs, sent Vice-President George H.W. Bush to Miami to head up a new effort to block the flood of Colombian cocaine flowing across the Caribbean to Florida, the Colombians adjusted by shifting smuggling routes through Mexico. The Colombian used existing smuggling networks, which since then have grown into a Frankenstein monster, not only in the eyes of the Mexican state, but also in the eyes of their Colombian counterparts, who have found themselves squeezed out of end-stage distribution to the US and the massive profits that followed.

Fueled by Colombian cocaine, American dollars, and American weaponry, in the past 20 years, Mexico's so-called "cartels" -- a misnomer for these brutally competitive trafficking organizations -- have corrupted legions of Mexican police, soldiers, and politicians, and murdered as many more. Every time the Mexican state, hounded by its partner to the north, tries to crack down on the cartels, the result is not social tranquility or the end of the drug trade, but bloody gang wars as the different organizations fight for position -- and the flow of drugs never seems to be affected.

In the past couple of years, the cartels have become so brazen and the death toll from the constant "ajuste de cuentas" ("adjusting of accounts" or "settling scores") so horrendous -- more than 1,500 last year and a like number so far this year -- that they appear to be working with impunity.

Enter Mexico City journalists Jorge Fernandez Menendez and Victor Ronquillo. With the drug trafficking groups beheading police and engaging in street battles with RPGs in Acapulco and wreaking mortal havoc along the US border, their timing couldn't be better because they aim to explain the murky workings of the Mexican drug trade. They study and report on Mara Salvatrucha, the much screamed about gang that grew out from the children of Salvadoran refugees in Los Angeles and other American cities (another lesson in unintended consequences) who learned all too well the ways of the thug life, then re-exported it back home to Central America. According to Fernandez and Ronquillo, Mara Salvatrucha controls much of the traffic in illegal immigrants and drugs -- on Mexico's southern border. But like the truly Mexican criminal organizations, its tentacles extend far to the north as well.

They also provide the skinny on the Zetas, the US-trained former anti-drug elite force that switched sides and now acts as the armed forces of Osiel Cardenas and the Gulf Cartel -- one more lesson in unintended consequences. Thanks to the paramilitary skills of the Zetas, Cardenas has been able to directly confront the Mexican state, as when his men killed six prison employees in Matamoros in early 2005 in retaliation for a federal government crackdown on imprisoned cartel leaders.

There is much, much more in between. Fernandez and Ronquillo warn that imprisoned cartel leaders spent part of their time behind bars buddying up with imprisoned leftist guerrillas and could be either learning tactical lessons or forging unholy alliances with them. Despite the apparent ideological differences between Marxist rebels and drug traffickers, the Mexican cartels have shown that when it comes to business they are nonpartisan. They will corrupt politicians of any party, make deals with whoever can benefit them, and kill those who get in their way.

The cartels circle around power. When the old-time PRI ran the government, the cartels corrupted the PRI. When the PAN government of President Vicente Fox came to power, they attempted to corrupt it, and as Fernandez and Ronquillo demonstrate, they have arguably succeeded. PANista politicians have been caught attending the funerals of leading narcos, PANista local administrations have been bought off, and the narcos even managed to place an associate in President Fox's inner circle before the taint of scandal drove him off.

But while Fernandez and Ronquillo are quite good in unraveling the mysteries of the cartels and explicating the results of decades of prohibitionist drug policy, they fail to make the leap to the next level. For them, "From the Maras to the Zetas" is a desperate wake-up call for the Mexican public and political class, a warning that the power of the cartels threatens the integrity of the Mexican state. They do not take the next step and ask if there is not a better way. But then again, they really don't have to -- the book itself is eloquent testimony to the corrupt and bloody legacy of prohibition in Mexico.

Yes, the book is only available in Spanish. It won't be much use to many of our North American readers, but Drug War Chronicle also goes out in Spanish and Portuguese, and perhaps if we can drum up a little interest here in Gringolandia, an American or Canadian publisher will print a translation. Goodness knows we get very little serious reporting up here about the Mexican drug war.

In the meantime, for you English-only speakers out there with an interest in this topic, I recommend the recent report from the Washington Office on Latin America, "State of Siege: Drug-Related Violence and Corruption in Mexico."

Feature: Cases of Immigrants Deported for Minor Drug Offenses Heard at US Supreme Court This Week

The US Supreme Court Tuesday heard oral arguments in two consolidated cases that question whether immigrants who are legal US residents should face mandatory deportation for small-time offenses such as drug possession. Thousands of immigrants face such wrenching punishment, and according to the National Network for Immigrant and Refugee Rights, more than a million and a half people have been deported since the introduction of mandatory deportation for "aggravated felonies" under the 1996 Immigration and Nationality Act that is being challenged in these cases.

https://stopthedrugwar.org/files/supremecourt.jpg
US Supreme Court
That law expanded the definition of "aggravated felonies" -- crimes for which deportation is mandatory -- beyond serious violent crimes, which had been the previous standard. The cases before the Supreme Court this week revolve around whether offenses that are considered misdemeanors under the federal Controlled Substances Act but are considered felonies under state law in the states where people were convicted can qualify as "aggravated felonies" under the immigration law.

Many of those deported under the immigration law were in fact found guilty of serious crimes, but many others were not. In one case covered by the Drug War Chronicle, Joao Herbert, who was adopted by American parents from a Brazilian orphanage as a young child but who never applied for US citizenship, was arrested as a teenager for selling a small bag of marijuana. He was sentenced to probation, but federal authorities sought successfully to deport him under the 1996 law. Sent to a land he never knew, he scraped by for a few years as an English teacher before being gunned down by Brazilian police in 2004.

In the cases before the court Tuesday, Lopez v. Gonzales and Toledo-Flores v. US, the offenses for which the US seeks to deport immigrants are even more trivial than in Herbert's case. Jose Antonio Lopez was a Sioux Falls, SD, grocery store and taco stand owner who legally emigrated from Mexico in 1985. The married father of two children, who are US citizens, pleaded guilty to telling someone how to obtain cocaine. Such an offense is a misdemeanor under federal law, but was a felony under South Dakota law. Federal immigration officials classified his offense as an "aggravated felony" under the immigration law and deported him to Mexico.

Reymundo Toledo-Flores was arrested for cocaine possession in Texas, where it is a misdemeanor, but when he was caught trying to reenter the country he was hit with a two-year prison sentence because immigration authorities considered his Texas bust an "aggravated felony" under the immigration law. He is appealing the sentence.

"The problem here is that state law and federal law are at odds in determining the gravity of the offense," Justice David Souter said during oral arguments Tuesday. "Isn't that very strange that Congress would have wanted a reading of the statute that would turn its definition of a misdemeanor crime into an aggravated felony for purposes of the immigration laws?" he asked.

Bush administration attorneys argued that immigration officials correctly classified both cases. "The statutory definition of 'aggravated felony' encompasses large categories of criminal conduct under state law, without requiring a federal-law parallel," the US solicitor general wrote in a brief to the court.

Deputy Solicitor General Edwin Kneedler told the court Tuesday that the immigration law "looks to state law." If a drug offense is a felony under state law, it is a deportable felony under the federal law, he argued.

But three former Immigration and Naturalization Service general counsel disagreed in a friend of the court brief they submitted. "There is no clear indication that Congress intended the definition of aggravated felony to apply to drug offenses that are... misdemeanors under the federal law," they wrote.

Chief Justice John Roberts was thinking along similar lines. "It must give you pause," he told Kneedler, "that your analysis of a term 'drug-trafficking' offense... leads to the conclusion that simple possession equates with drug trafficking."

"Immigrants shouldn't be kicked out of the country for doing what the president of the United States did," said Bill Piper, director of national affairs for the Drug Policy Alliance. "It is clear that the type of drug offenses we are talking about here are not the type of offenses Congress intended when it passed that law," he told Drug War Chronicle. "It also seems like this raises equal protection issues because it looks like whether you get deported or not depends on which state you were convicted in. In those states where drug possession is a felony, you get kicked out; in those where it isn't, you don't."

Immigrant rights and civil liberties groups joined in calling on the court to reject the federal government's broad interpretation of the law, and even the Center for Immigration Studies, which generally hews to a hard line on immigration enforcement, was not overly enthusiastic about deporting small-time drug offenders. "If the state legislature has decided this is a serious crime and someone who commits it will get deported, it's not like that person didn't know it was illegal," said Dr. Steven Camarota, director of research for the group. "I don't see a problem with making those people go. In some cases, however, people plead guilty to a crime not realizing they would be subject to deportation, and that raises a fairness issue," he told Drug War Chronicle. "The whole criminal justice system is supposed to temper justice with mercy, but with immigration we've created so many exceptions and waivers that sometimes it's good to come down hard."

For Camarota, the whole debate over deporting immigrants for small-time drug offenses is "small potatoes" compared to the real immigration issues facing the country. "We are talking about a few thousand people when there are 37 million immigrants in the country," he pointed out. "There is nothing wrong with the way in which the government is approaching this, but it does seem like an awful lot of debate over something so small. We should be putting resources into general enforcement of immigration laws."

"The 1996 law is really destructive," said Arnaldo Garcia of the National Network for Immigrant and Refugee Rights. "On any given week, you have 20,000 or so legal permanent residents who committed small offenses sitting in jail under deportation proceedings. That includes things like a 20-year-old who had sex with his 17-year-old girlfriend, and it includes things like people getting arrested with small amounts of marijuana on them," he told the Chronicle. "The federal government is trying to institutionalize a double standard. Legal residents have equal rights under our court system, but after they have completed their sentences, they are then subjected to an unfair punishment -- banishment for life. This is a big crack in the foundation of equal treatment under the law."

There is little legal permanent residents can do, said Garcia. "What you can do is make sure you know the law," he said. "If you get arrested, you need to get the advice of an immigration attorney to know the consequences of the charge and whether it's a deportable offense. Some judges will work with you -- doing things like sentencing you to 364 days instead of 366, the difference between a misdemeanor and a felony -- but the INS just wants to deport your ass. I've seen people going in for their citizenship tests and immigration is waiting for them because they got busted as a teenager."

The ultimate protection from deportation under the immigration law is to become a US citizen. "That's easier said than done," said Garcia. "There is a huge backlog. I'm working with one family that submitted a reunification petition in 1994. Their case is just coming up now."

Mexico's Mounting Drug Trade

Localização: 
United States
Publication/Source: 
Council on Foreign Relations
URL: 
http://www.cfr.org/publication/11599/mexicos_mounting_drug_trade.html

Smugglers Innovate as Border Tightens

Localização: 
United States
Publication/Source: 
USA Today
URL: 
http://www.usatoday.com/printedition/news/20060803/a_borderdrugs03.art.htm

Khat: Feds Arrest 62 in Crackdown on Mild East African Stimulant Herb

Khat, a shrub that grows in East Africa, has been used for centuries as a mild stimulant in the region, with a high similar to that obtained by drinking a lot of tea or coffee. Khat is legal thoughout Africa and most European countries, but US federal authorities consider it a dangerous drug. They struck Wednesday, arresting 62 East African immigrants on charges they smuggled more than 25 tons of the stuff into the United States.

https://stopthedrugwar.org/files/khatinvietnam.jpg
family khat use scene, Vietnam
Federal officials told reporters Wednesday they are investigating reports the khat smugglers may be linked to "war lords" in Somalia and Ethiopia, but they have not produced any proof of that, nor do any of the indictments allege any links to terrorist activities in the region, where Islamic extremism is on the march. Muslim fundamentalists linked to Al-Qaida are battling Western-backed "war lords" for control of Somalia.

"It is suspected that there are ties to some type of terrorist organizations," a federal agent demanding anonymity told the McClatchy Newspaper chain. While the indictments do not allege terror links, they do charge the group laundered money through hawalas, an informal network of remittances widely used in South Asia and the Middle East. Some of the money ended up in the Middle East financial capital Dubai, the indictments allege.

FBI Assistant Director Mark Mershon told a New York news conference Wednesday that the agency continues to seek "the ultimate destiny of the funds." According to Mershon, intelligence suggests the money was headed for "countries in East Africa which are a hotbed for Sunni extremism and a wellspring for terrorists associated with Al-Qaida."

Hmmm…They are also the countries from which those arrested hail and where khat is widely grown. Meanwhile, the man charged as ringleader for the group faces up to life in prison and the others face up to 20 years for using and dealing in an herb with which they grew up.

Drug War Issues

Criminal JusticeAsset Forfeiture, Collateral Sanctions (College Aid, Drug Taxes, Housing, Welfare), Court Rulings, Drug Courts, Due Process, Felony Disenfranchisement, Incarceration, Policing (2011 Drug War Killings, 2012 Drug War Killings, 2013 Drug War Killings, 2014 Drug War Killings, 2015 Drug War Killings, 2016 Drug War Killings, 2017 Drug War Killings, Arrests, Eradication, Informants, Interdiction, Lowest Priority Policies, Police Corruption, Police Raids, Profiling, Search and Seizure, SWAT/Paramilitarization, Task Forces, Undercover Work), Probation or Parole, Prosecution, Reentry/Rehabilitation, Sentencing (Alternatives to Incarceration, Clemency and Pardon, Crack/Powder Cocaine Disparity, Death Penalty, Decriminalization, Defelonization, Drug Free Zones, Mandatory Minimums, Rockefeller Drug Laws, Sentencing Guidelines)CultureArt, Celebrities, Counter-Culture, Music, Poetry/Literature, Television, TheaterDrug UseParaphernalia, Vaping, ViolenceIntersecting IssuesCollateral Sanctions (College Aid, Drug Taxes, Housing, Welfare), Violence, Border, Budgets/Taxes/Economics, Business, Civil Rights, Driving, Economics, Education (College Aid), Employment, Environment, Families, Free Speech, Gun Policy, Human Rights, Immigration, Militarization, Money Laundering, Pregnancy, Privacy (Search and Seizure, Drug Testing), Race, Religion, Science, Sports, Women's IssuesMarijuana PolicyGateway Theory, Hemp, Marijuana -- Personal Use, Marijuana Industry, Medical MarijuanaMedicineMedical Marijuana, Science of Drugs, Under-treatment of PainPublic HealthAddiction, Addiction Treatment (Science of Drugs), Drug Education, Drug Prevention, Drug-Related AIDS/HIV or Hepatitis C, Harm Reduction (Methadone & Other Opiate Maintenance, Needle Exchange, Overdose Prevention, Pill Testing, Safer Injection Sites)Source and Transit CountriesAndean Drug War, Coca, Hashish, Mexican Drug War, Opium ProductionSpecific DrugsAlcohol, Ayahuasca, Cocaine (Crack Cocaine), Ecstasy, Heroin, Ibogaine, ketamine, Khat, Kratom, Marijuana (Gateway Theory, Marijuana -- Personal Use, Medical Marijuana, Hashish), Methamphetamine, New Synthetic Drugs (Synthetic Cannabinoids, Synthetic Stimulants), Nicotine, Prescription Opiates (Fentanyl, Oxycontin), Psilocybin / Magic Mushrooms, Psychedelics (LSD, Mescaline, Peyote, Salvia Divinorum)YouthGrade School, Post-Secondary School, Raves, Secondary School