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Ya es Tiempo de Aprender Otro Idioma: Expanding Access to Internationalized K-12 Education in the U.S.

Executive Editor Chloe Baldauf explores the vital role of internationalized K-12 education in U.S. education reform.

“Why have we normalized that we are primarily a monolingual country – even though our nation has only become more multicultural, more interdependent with the rest of the world? Why is it that in 2023, in many school systems in our country, we treat our English learners as students with deficits – rather than assets in a globally competitive world?” These were the questions U.S. Secretary of Education Dr. Miguel Cardona asked at the National Association for Bilingual Education (NABE) 52nd Annual International Bilingual and Bicultural Education Conference. While it is impossible to formulate a simple answer to these questions, it is clearer now in 2023 than any other time in the twenty-first century that school reform has become an overwhelmingly polarizing issue with little bipartisan agreement over policies, resource allocation, or school reform. In an increasingly competitive marketplace of education reform ideas, internationalized K-12 education finds itself moderately supported but ultimately neglected due to “more pressing” issues within the education landscape, such as COVID-related learning loss and addressing political polarization. One could argue that doubling down on Mandarin classes for middle schoolers who are grade levels below their expected math proficiency should be somewhere at the bottom of our most vital education reform ideas, but this could not be further from the truth. As demand for school reform grows and new education policies are rapidly proposed and implemented, expanding access to internationalized K-12 education must be prioritized by the federal government, state governments, and schools.
From learning loss recovery policies to school voucher programs, recent U.S. education policies aimed at fixing what has been broken have been prioritized over revitalization efforts. Policymakers look at “failing” inner-city schools and see an emergency that must be fixed rather than a hub of resilience, innovation, and multicultural expertise waiting to be plugged into our globalized society. Within a damage-centered framework, U.S. K-12 students have lost too much learning from COVID-19 to be focusing on much else beyond meeting basic grade-level requirements, and the best path forward is ensuring students “catch up” by focusing solely on literacy and math proficiency. This damage-centered framework would also lead us to believe increased family-school tension and polarization are irreparable, and the best path forward is a school voucher system that allows families and educators to self-sort into private schools most aligned with their views. As any educator will understand, however, there is rarely ever one right way to solve a problem, and the current zeitgeist of the 2020s calls for the prioritization of internationalized K-12 education policies that work to creatively and equitably address a myriad of issues including but not limited to COVID-related learning loss and polarization. To America, Dr. Cardona passionately called for the bringing in of a “new era of multilingualism,” and to students? “¡Ya es tiempo de aprender otro idioma!”

Conceptualizing Internationalized Education

Internationalized education can be described as “a process of incorporating international, intercultural, and global perspectives into different education contexts.” Framed as a necessary tool to sculpt young Americans into globally competitive citizens, internationalized education remains very popular in higher education institutions. Internationalized education materialized in the K-12 sector through the creation of private, internationally-minded schools. With the purpose of internationalized education being framed as primarily economic, policymakers and school leaders seemingly had little reason to support expanding access to internationalized education for poor students. International schools first came into existence with the goal of engaging in missionary activities and colonization, and while the restricted access of Black and Brown students to language classes and K-12 study abroad problematizes the claim that international schools have changed drastically from their exclusionary roots, internationalized curricula and programs can be seen in both private and public schools today. It is precisely this - the internationalized public school - that has the power to redirect the path that U.S. education reform is heading from deepening polarization and further inequities to a generation of multilingual, globally competent Americans. 

Access to dual-language immersion programs, K-12 study abroad opportunities, and instruction from educators with a global perspective not only increase economic outcomes and career opportunities for students but also help develop students’ social and emotional development in cross-cultural settings, reduce polarization, and increase a sense of belonging and excitement within school communities. Amid the growing implementation of school voucher programs and pressure on “failing schools” to increase test scores, refraining from incorporating internationalized education into public K-12 schools across the U.S. will only make our next generation of global ambassadors more homogenous. If the federal government, state governments, and schools work together to rapidly implement education policies that prioritize expanding access to internationalized education for all students, it is very likely that the most pressing educational issues of our time will be thoroughly addressed in the process.

Federal Policy Recommendations for Expanding Access to Internationalized Education

As the federal government navigates internationalized education reform, the priority must be well-informed but hands-off investments in public K-12 schools and making international partnerships. The COVID-19 pandemic has highlighted how innovative and effective schools can be even in dismal circumstances. From Kansas’s use of COVID-19 relief funds to offset the cost of field trips to museums and historical sites to South Carolina using the funds to make school bus Wi-Fi a reality, it is evident that states have different needs and are most innovative when policies are imagined using a bottom-up approach as opposed to top-down. To expand access to internationalized education in public K-12 schools, the federal government should invest in well-informed but hands-off grant programs for state education departments to use within their public school systems. A competitive global education grant program, accompanied with comprehensive monitoring and evaluating practices, will give states the capital they need to ensure stronger multilingualism and global educational opportunities in public schools while still having the freedom to address their own state-wide or community-wide needs. Additionally, the federal government should prioritize working with other countries’ education ministries as well as international education organizations from other regions to connect states’ education department leaders with international perspectives and policy suggestions. These ideas can then be used to inform and inspire leaders at the community or city level to use grant funds for expanding globalized education access in ways previously not considered. Global cooperation between the U.S. Department of Education with other countries’ education ministries will set the foundation for comprehensive, globally-minded R&D on K-12 internationalized education initiatives in the U.S.

State Policy Recommendations for Expanding Access to Internationalized Education

State governments play an essential role in expanding student access to quality internationalized education in a public school setting. Moving forward, it is vital for states to not only implement education policies that address COVID-related learning loss but also policies that increase students’ global competency and language skills. While some may argue falling literacy and math proficiency scores are proof that language skills need to be put on the back burner for now, there is data that dual language immersion boosts proficiency in other subjects for both English-speaking and ESL students. Not only are other academic subjects bolstered but dual language programs increase friendship and cultural competency between students of different racial or cultural backgrounds and increase overall confidence. When states neglect language immersion for “failing” schools, they often end up barring predominantly lower-income Black and Brown students from the internationalized education that sets so many upper-income white students up for success at the collegiate and vocational level. State governments must prioritize education policies that incentivize private-public school collaboration to put public schools in conversation with international schools within their state. This can also look like incentivizing state colleges to work with local K-12 public schools to grow language immersion programs or allow for high school students to audit college courses on intercultural communication and global politics. Additionally, states should center internationalized education at the core of their teacher shortage efforts. This could look like teacher pipeline programs that incentivize bilingual adults or immigrants within the state to pursue a teaching role through lowered teaching requirements at public schools and a pipeline that leads to these teachers earning a Bachelor’s or Master’s degree in education.

School Policy Recommendations for Expanding Access to Internationalized Education

At the school level, low-cost policies can still lead to high-impact results when it comes to making internationalized education a reality for all students. Dual-language programs have been extremely successful in providing English-speaking and ESL students the opportunity to hone their language skills, build cross-cultural friendships, and gain tutoring experience. School districts can also reward student engagement in cross-cultural contexts or with language programs through biliteracy or bicultural certificates. A certificate program could function in a cohort-based model with a lead teacher mentoring students seeking biliteracy in or outside the classroom. Other school policies could include investing in a more internationalized library, organizing dual language exchange programs for parents and teachers, supporting student efforts to obtain passports for study abroad, prioritizing the hiring of bilingual community members and family members when filling part-time school positions, emphasizing teacher professional development on bilingual students as assets not deficits or tools, and ensuring students on vocational or technical tracks can still engage in internationalized education through work with immigrant-owned businesses and professionals in the community.

Conclusion

From polarizing international events being broadcast everyday on the news to deepening disparities in graduation and attendance among students across the country, the current zeitgeist of 2023 can be used to implement successful and equitable expansion of internationalized K-12 education that has the potential to address COVID-related learning loss, fill teacher shortages, increase global cooperation, and reduce polarization. With school voucher systems becoming more commonplace across states and family dissatisfaction with public schools on the rise, it is vital that public school innovation and autonomy in addition to family-school engagement is incentivized and encouraged at the federal and state education policy level. Internationalized public education proves to be an overlooked but much-needed reform strategy that may look different in each school or state but could ultimately unify America’s students as they grow up in a world more globalized and interconnected than ever before. Upper-income private school students can no longer be the only young Americans engaging in internationalized education in 2023. A global education must be accessible to all students. With the right policies from the federal and state government in accompaniment with innovative school policies, teachers can confidently tell their students: “¡Ya es tiempo de aprender otro idioma!”

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PARLACEN: The Rats Den

Staff Writer Diego Carney analyzes what the Central American Parliament is and how it is used as a vessel for corruption by Central American politicians and businessmen.

What is the PARLACEN?

The PARLACEN (Parlamento CentroAmericano) or CAP (Central American Parliament) is the parliamentary body of the political organization known as SICA (Central American Integration system) whose objectives is to help integrate and develop, peace, political freedom, development, and promote free trade among Central American Countries. However, it has recently been used  as a vessel for former Presidents, elected officials, businessmen, and even the families of these involved parties to escape crime in their home countries. 

The PARLACEN, being an international organization between states, grants diplomatic immunity to those who are members in Latin America, meaning that these politicians are immune for crimes in Central America. With the rare of exception of Honduras, who suspended their diplomatic immunity after Ex-President Porifio Lobo Sosa who at the time was the President of the Honduran National Congress suspended their diplomatic immunity. This is interesting because a few years after that decision, Lobo Sosa's wife, former First Lady Rosa Lobo, was indicted in Honduras for misuse of Public Funds. Lobo Sosa himself has been accused of many crimes and headlines as one of the most recent Central American politicians who has been blacklisted from the U.S. a big first in the country’s history. Lobo Sosa was indicted in the United States for charges of Drug Trafficking, Racketeering, Tax Evasion and more. Even without these protections, it is rare for a country like the United States to prosecute them while they’re international deputies regardless of whether there is clear evidence of a crime because of diplomatic red tape. Countries with charismatic leaders or whose parties control a majority of the government would most of the time not allow a fellow member of that party to be extradited and being a member of the PARLACEN would only make that harder.

What grants them immunity?

The rules of Parlacen are extremely ambiguous, essentially granting the countries the freedom to pursue their own agendas and rules. They base other countries' diplomatic powers on the Vienna Convention on Diplomatic Relations. What does this mean? The internal rules of the Parlacen allow for the same immunity and protections stipulated in the Vienna Convention if the sending state (the country that sends the deputies) agrees to them. This rule in the Parlacen allows that any elected official (as long as they're permitted) is granted this immunity in Central America. There are exceptions to this, like a host country may ask the PARLACEN to lift or suspend a specific deputies privileges.

As of 2023, each country sends twenty officials, each with a deputy, to the Parlacen. The rules of the Parlacen also state that each elected official is elected the same way they would in their own country. For example, in Guatemala, there is a direct election, while in other countries, primaries are held or in some cases parties will appoint a specific person for the ticket. Furthermore, former heads of states (presidents) of a member country also qualify as members of parliament; however,  this grace period is dependent and given by each individual country. 

Electoral Courts

Most Latin American Countries have within their public administration an entity known as Electoral Courts, which are in charge of overseeing every election. Amongst their powers and responsibilities is this jurisdiction in which they can bend some rules during elections; even if unconstitutional. For example, there has been ruling by these courts to allow private citizens with legal trouble to run for office. This is known as a fuero, here on now referred to as special privileges These special privileges allow the courts to acknowledge this legal trouble, whether domestic or abroad, and still allow that candidate to run for office. Most recently, we see the Tribunal Electoral of Panama rule in favor of former President Ricardo Martinellli,who has been sentenced to 10 years in prison yet still allowed to run because his appeal negates the guilty conviction needed to bar him from the election. While some may be quick to point out how judges can be bought and that judicial accountability is a rare phenomenon in Latin America; I argue that these courts are the most overseen by justice department because, just as they have the right to give you special privileges as a politician or party leadership, they can take it away.

Unethical by purpose or design?

One country who is notorious for using the PARLACEN as a vessel for special privileges is Panama. In 2023, the sons of aforementioned former president of Panama Ricardo Martinelli, whose sons were involved in money laundering, bribery, and illicit enrichment charges in Panama and the United States were sworn in to the PARLACEN as alternate deputies. This means that they get the immunities granted to them by the Vienna Convention, essentially stalling out their sentence. Ironically enough, Ricardo Martinelli himself attempted to leave The Parlacen, at the time calling it “a den of thieves,” However, both international and Panamanian courts found the action rash and unconstitutional.

The Martinelli brothers are not the only Panamanian Politicians seeking this special benefit. Former President of Panama Juan Carlos Varela, who is blacklisted from the United States for alleged involvement in corruption, is also seeking a seat in the Parliament. Varela is facing serious charges of corruption and bribes. Ricardo Martinelli, whom Varela once served as Vice President under, is leading the polls in the upcoming presidential election in 2024 (even despite all of those corruption charges) which for Varela, who is considered a nemesis of Martinelli, means he’s in really hot water if elected. 

During many of these elections, it is often seen in a lot of campaign trails for these politicians, who later attempt to benefit from the special privileges, their disdain for the governmental entity. Martinelli tried to leave the PARLACEN, as did Varela,yet, they did not revoke their privileges as Honduras did. Honduran politicians agreed to leave ability for immunity off the table while Panama still kept theirs. This begs the question: did these politicians foreshadow their future intentions or do they really believe in these anti-corruption methods? Because if they truly believed in the PARLACEN being a den of thieves  and leaving did not work, why not revoke the immunity anyway to deter and avoid the loophole? They do this by mix of saying what they need to win a crowd, and planting the idea in their minds to diminish the shock when they run PARLACEN after leaving office. One of the reasons why they get away with it is a mentality of “nothing is going to change”. A lot of people refer to Martinelli’s Administration with the quote “Robó pero hizo” (Stole but did) referring to the Millions of dollars embezzled from projects and the subsequent bribes that brought his alleged crimes. Furthermore, in a lot of Latin American countries, voting is seen as important; most citizens see the Central American Parliament as a joke entity for thieves, and they don’t actively participate in these elections other than to support their favorite former politicians from the hands of “injustice.”

Panama, however, is not the only instance where we’ve seen this; they’re just the most recent. In 2003 Nicaragua’s former president, Arnoldo Aleman also sought refuge within the Parliament,which ended up stripping him from his immunities and allowed him to be charged in an effort to save its reputation; there are also instances of corruption from Members of Parliament. The former president of the Central American Parliament, Mario Facusee Nadal, was charged with illegally appropriating some properties that belonged to the state. He also once sought to repeal the immunity, with Panama as a co-sponsor.

Conclusion

A lot of politicians and political pundits do not really see the point in the PARLACEN. While its reputation precedes itself, the same people are seen to be claiming it is an institution in which accountability is not enforced. The mission of the PARLACEN is to foster economic and cultural alliance between central american countries. More than three decades later it is now just a question of, is it worth it? Consequently, I believe that there are several solutions that could fix this problem if all parties agree to it.  Firsty, amending the internal rules of the body itself, abolishing this diplomatic immunity, and special privileges that are given to these congresspeople. Likewise, they can also make membership more exclusive by adding a morality or similar  clause barring citizens who have open investigations against them or have been charged with a crime before. The last solution I propose is to abolish the organization. If concern for corruption is high, and there have been efforts to leave the PARLACEN, then I believe this is an option worth considering, while extreme it would make facing accountability in Central American countries easier.

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A broken immigration system: the extension of the Title 42 immigration policy leaves many Cuban asylum seekers in crisis

Staff Writer, Candace Graupera, explores the impact of the extension of Title 42 on specifically Cuban asylum seekers and the perpetuation of the United States’ broken immigration system.

After five years of saving money, Patri, from Havana, Cuba, was ready to make the trek to the United States. Cuba’s economic crisis has become so dire in the past few years, due to COVID-19. The cost of living has been steadily rising and there has been an increase in food shortages. In 2022, 2% of Cuba’s population left for the U.S. and Patri hoped to be one of them. She saved up the equivalent of 8,000 dollars. However, this was rendered impossible by the Supreme Court’s decision that extended Title 42’s immigration policy. Now if you are seeking asylum, as Patri is, from four countries, Cuba, Venezuela, Nicaragua, and Haiti, you have to apply for a parole process. The process allows only 30,000 migrants to enter the U.S. per month and the qualifications are steep. You need to have a valid passport, pass a background check, afford the airfare, and have a sponsor with legal status who is already inside the U.S. that can help to support you financially. If you do not have a sponsor, as Patri doesn’t, you will be turned away at the border and forced to remain in Mexico for the time being. For many, this can be a death sentence, left vulnerable to theft, homelessness, and kidnapping for ransom. Despite these risks, many migrants make the trek anyway because they simply have no other alternative. The extension of the harmful Title 42 immigration policy by the Supreme Court and the Biden Administration leaves many Cuban asylum seekers in a crisis due to unreasonable restrictions. In response, the Biden Administration has put forth future policy changes to counteract the extension of Title 42 that will hopefully accomplish its goal of fixing the broken immigration system. 


What is Title 42? 

Title 42 is a U.S. law used in issues such as civil rights, public health, social welfare, and more. The government can use it to take emergency actions to keep contagious diseases out of the country. It was first used in 1929 during a meningitis outbreak to keep Chinese and Filipino ships from entering the U.S. and spreading the disease. The law was only enacted again in 2020 by then-president, Donald Trump, due to the global COVID-19 outbreak. However, Trump also used this law and its implications to turn away migrants from the border more quickly without having to consider their cases for asylum. Since this law has been put into effect in 2020, 2 million people have been barred from entering the U.S. 


The Trump Administration’s impact on immigration policy

Donald Trump’s campaign and presidency are defined largely by his harsh views and policies on immigration and enforcement.  There are 100 million displaced refugees in the world today, a number that only grew worse during Trump’s presidency. He reduced legal immigration into the United States by 49%. From 2016-2019, there was an increase in denials for military naturalizations by 54%. During his presidency, 5,460 children were separated from their families at the U.S.-Mexico Border. In 2017, he announced that he would dismantle DACA, Deferred Actions for Childhood Arrivals, which provides relief from deportation and work authorization for immigrants brought to America as children. He also tried to terminate TPS, Temporary Protected Status, a program that grants legal status – including work authorization and protection from deportation – to people from designated countries facing ongoing armed conflict, environmental disaster, or other extraordinary conditions preventing their safe return. Hate crimes against Latinos and Hispanics rose by 21% in 2018. By increasing his anti-immigrant rhetoric, he made the issue of immigration one of the top priorities in the 2020 election. 


The Biden Campaign’s immigration policy promises

Since immigration played a powerful role in the 2020 election, the Biden campaign put out extensive information on how he was going to help fix the immigration crisis if he was elected to office. He starts by evoking emotion in his plan by saying, “It is a moral failing and a national shame when a father and his baby daughter drown seeking our shores. When children are locked away in overcrowded detention centers and the government seeks to keep them there indefinitely.” He ultimately, flat-out states, “Trump has waged an unrelenting assault on our values and our history as a nation of immigrants. It’s wrong, and it stops when Joe Biden is elected president.” 

Biden states overall goals for immigration policy, such as modernizing the immigration system and welcoming immigrants into the community. However, since this election was about defeating Trump and reversing his policies, Biden created promises for his first 100 days in office. These include, “Immediately reverse the Trump Administration’s cruel and senseless policies that separate parents from their children at our border” and “End Trump’s detrimental asylum policies.” He wants to end the separation of families at the border by ending the prosecution of parents for minor violations since these are mostly used as scare or intimidation tactics. He said that he wants to restore asylum laws so they can actively protect people fleeing persecution. The Trump Administration put restrictions on access to asylum for anyone traveling through Mexico or Guatemala and those fleeing from gang or domestic violence. 


The economic crisis in Cuba

Why are there record numbers of migrants leaving Cuba for the United States? The number of migrants (200,000 in 2022) reflects percentages that haven’t been seen since the 1990s, and it's because Cuba is facing its worst socio-economic crisis since the collapse of the Soviet Union. There are daily shortages of food and medicine. There are regular power outages and last year during a protest against the government, the internet was switched off. Shortages of resources have culminated since 1962 when the U.S. trade embargo was imposed. To survive, Cuba has become reliant on earnings from international tourism and Cuban nationals working abroad. Due to COVID-19, the island was mostly closed off to foreign tourists and reduced visitor numbers by 75% in 2020. When Trump was elected in 2016, he reinstated longstanding travel and business restrictions between Cuba and the U.S., further closing them off from U.S. resources. He also reinstated Cuba to the list of state sponsors of terrorism, which obstructed the country’s access to international finance. 

In the last few years, resistance to the government has risen, partly due to social media and the internet. There are increased demands for political and economic change and for government officials to be held accountable. In 2021, there were massive Cuban protests that were fuelled by COVID restrictions and food and medicine shortages. Due to limited resources provided by the government, many were forced to turn to the black market. Many preferred to work for and sell on the black market because they usually made more money than a salary at a typical job to cover basic needs. The Cuban's ability to be resourceful and stretch themselves thin is running out and unless there is significant economic change, many more are bound to follow the 2% of the population that have already left in 2022. 


Impact of the continuation of Title 42 on Cuba and asylum seekers

The continuation of Title 42 could create an asylum crisis for many Cubans. An official from the Washington Office on Latin America, a human-rights nonprofit, estimates that people like Patri, without a sponsor, have no chance of crossing the border anytime soon. While she and many others wait in Mexico for their case to be heard, they would be risking dangerous conditions such as homelessness and kidnapping for ransom. Oftentimes, appointments for Title 42 expectations get booked as soon as they become available and people have to wait weeks to have their cases heard. 

Since there are so many restrictions, many Cubans are turning to more creative ways to migrate to the U.S. In 1994 there was a Cuban rafter crisis or balseros crisis where 35,000 Cubans migrated to the U.S. on makeshift rafts. They spent all their money on the materials to make a raft and row across the Gulf of Mexico to Miami, Cuba. After five weeks of riots, Fidel Castro announced that anyone who wanted to leave Cuba was welcome to do it without hindrance. However, President Clinton mandated that any rafters captured be detained at Guantanamo Bay Naval Base. About 31,000 of those 33,000 were detained at the base while many others were lost at sea. Even though this process of immigration is risky and dangerous, many are worried that the balseros crisis will happen again. 


The extension of Title 42

On December 27th, 2022, the U.S. Supreme Court voted to keep Title 42 in place, allowing asylum-seekers to be turned away at the border, even though it would have expired at the end of 2022. It is now in place indefinitely after 19 Republican state attorneys general filed an emergency appeal to the Supreme Court to keep it in place. U.S. District Judge Emmet Sullivan ruled that Title 42 should expire at the end of this year because the Centers for Disease Control and Prevention’s implementation of this policy was “arbitrary and capricious.” While many, such as Supreme Court Justice Neil Gorsuch, argued that the public-health justification of Title 42’s implementation has lapsed, they still voted for it to stay in place. Some Democrats, such as California Governor Gavin Newsom, think that if Title 42 is ended, the asylum system would break. White House Press Secretary Karine Jean-Pierre said in a statement that “Title 42 is a public health measure, not an immigration enforcement measure, and it should not be extended indefinitely.” Yet, the Biden Administration is complying with the Supreme Court’s Order and enforcing Title 42, offering no alternative to those trying to seek asylum on the border. 

However, there are steps in the right direction being made. In January of 2023, Biden issued an executive order restricting asylum applications on the U.S.-Mexico border for four countries, Cuba, Venezuela, Nicaragua, and Haiti. As mentioned in the first paragraph, the qualifications for asylum applications are steep, including needing a sponsor in the U.S. that can sponsor you financially. If one goes to the border without a sponsor, they will be turned away and the “Remain in Mexico” policy under Title 42 will be in effect. This Executive Order talks about expanding legal pathways for safe, orderly, humane, and legal migration. This includes increasing humanitarian assistance to Mexico and Central America, expanding the parole process, launching an online appointment portal to reduce overcrowding and wait times at the border, and tripling refugee resettlement from the Western Hemisphere. Biden has also reopened the U.S. embassy in Havana for visa applications allowing some an official route to emigration to the U.S.


Conclusion 

After the extension of Title 42 by the Supreme Court, the  NGO, The Washington Office on Latin America, WOLA, gave a list of 5 reasons why Title 42 must end immediately. Title 42 was not designed to protect public health, it creates a discriminatory system because it targets four specific countries, it puts people in need of protection in danger, and it undermines the U.S. ability to promote a protection-centered response to regional migration. However, the foremost reason is that Title 42 is illegal. It denies refugees protection from life-or-death situations. The Biden administration expels around 2,500 migrants every daySection 1158 of Title 8 of the U.S. Code does not allow for the blocking of fundamental protection and safety of migrants seeking asylum. Instead of perpetuating and prolonging a broken immigration system, it would be beneficial to invest time and resources in other areas. This would start with restoring the right of all refugees to seek asylum at the border. Using a COVID-era policy is not a justification anymore to keep implementing this law. Another is ensuring humanitarian support for the migrants that are arriving while also coordinating the response of federal, state, and local organizations to make sure everyone gets the same resources and treatment. Finally, there needs to be improvements to the adjudication capacity and resources, as the wait time could be anywhere from 2 months to 1 year.  There is a shortage of lawyers at the border who have impossible caseloads. By increasing the number of public defenders at the border, due process can still be ensured in a timely manner. The US immigration system has been broken for decades. Every day we wait to fix or come up with a new policy, thousands of people fall through the cracks and succumb to the danger they are running from. The system needs to be fixed, for the sake of rebuilding our asylum process and the democratic values that the U.S. was founded on. 

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Life? Liberty, and the Pursuit of Happiness

Guest writer Josie Bloom explores the U.S. death penalty through the lens of America’s founding principles, human rights, and diplomatic relations.

Introduction

“Land of the free and home of the brave.” That’s how the United States describes itself. It prides itself on being a paradigm of human rights and individual freedom, founded on the principles of life, liberty, and the pursuit of happiness. It’s surprising how a country like this can become associated with authoritarian regimes with horrible human rights records such as China or Iran, yet its continued use of the death penalty demonstrates how its so-called commitment to life, liberty, and the pursuit of happiness might not even include the right to life after all. 

International non-governmental organizations (NGOs) like the United Nations have called upon their member States to abolish the use of the death penalty, stating it violates the “right to life, liberty, and security of person” guaranteed by Article 3 of the Universal Declaration of Human Rights. Despite the constant backlash throughout recent history, the United States continually uses the death penalty and defends it on the international stage. It is one of the only nations to still do so. Nations that have abolished the death penalty see this as a sign of ignoring basic human rights and group the United States’ human rights index with that of nations like Sudan and Iraq. To put it simply, the United States’ use of the death penalty hurts its diplomatic relations and reflects poorly on the nation’s values. 

Capital punishment’s role in United States foreign affairs is severely affecting its image on the world stage, given that much of the world is opposed to the death penalty. Gaining a fuller understanding of why many nations have abolished the death penalty, makes it easier to understand how the United States’ commitment to the death penalty has such strong implications on the international stage.

Historical Context

In “Death, Dissent, and Diplomacy: The U.S. Death Penalty as an Obstacle to Foreign Relations,” Mark Warren details foreign perceptions of the United States concerning its continued use of the death penalty. In 1971, the United Nations (UN) General Assembly reached the opinion that capital punishment no longer served as an acceptable exception to the right to life guaranteed in Article 3 of the Universal Declaration of Human Rights. Many of the UN member states began adapting their legislature to reflect this new opinion. By the mid-90s, for example, a “commitment to abolition” of the death penalty became a requirement for membership in the Council of Europe and in the European Union. Meanwhile, the United States was making no such changes, and consequently starting some very rocky diplomatic relationships.  In 2001, the UN had taken notice of the United States’ static position on capital punishment and temporarily removed the United States from the UN Human Rights Council as a result. Later, in October of 2003, the forty-five nation Council of Europe, which contains many of the United States’ allies, stated that the United States’ “intractable position” towards the death penalty was “intolerable.”

The United States gained even more negative attention in 2004 when the International Court of Justice’s Avena decision declared the United States had, according to the 27th session of the UN Human Rights Council “failed to provide consular notification and access” to 51 Mexican nationals awaiting execution. Within the 27th session, the UN publicly rebuked the United States for this in 2014, stating that “the denial of the right to consular notification leads to the violation of due process and the execution of a foreign national deprived of his or her right to consular services constitutes an arbitrary deprivation of life.” Later that same year, the UN Human Rights Council took a firm stance on the use of capital punishment in their annual report to the Secretary General, stating that they still have numerous concerns regarding the “lack of respect for relevant international human rights norms and standards in States where the death penalty is still imposed.” Despite the continual concerns expressed by the international community throughout recent history, the United States continues to use the death penalty as a form of punishment within its criminal justice system.


The Human Rights Perspective

A vast number of international organizations have repeatedly expressed negative opinions about the death penalty. Most people reference the human rights perspective, claiming the death penalty is a violation of human rights. However, abolitionist views towards capital punishment are just as easily justifiable for other reasons. Many anti-death penalty advocates use the often-discriminatory implementation as a key argument. Other proponents, especially the UN, use its implications on juvenile offenders as a reason for its abolition.

The human rights perspective is arguably the most common criticism of capital punishment. Dongwook Kim addresses this in her article “International Non-Governmental Organizations and the Abolition of the Death Penalty,” where she cites then Secretary General of the UN Ban Ki-moon’s 2012 statement that “The right to life is the most fundamental of all human rights.” Aside from the views of the UN expressed by Kim, human rights NGOs use this perspective to promote the abolition of capital punishment. Amnesty International, one of the largest human rights NGOs in the world, calls the death penalty the “ultimate cruel, inhuman, and degrading punishment.” Amnesty International also claims that the death penalty impedes on “the right to life and the right to live free from torture or cruel, inhuman or degrading treatment or punishment,” which are both protected by the Universal Declaration of Human Rights. The use of the death penalty for juvenile offenders, which is a direct violation of international law, is also a key argument against capital punishment. According to Amnesty, the United States is the only Western nation to report having used capital punishment on juvenile offenders since 1990, the other 9 countries being: China, Iran, the Democratic Republic of the Congo, Nigeria, Pakistan, Sudan, South Sudan, Yemen, and Saudi Arabia. Organizations like Amnesty, Kim argues are “key to the worldwide abolition of the death penalty for all crimes.”

Unfair or discriminatory implication of the death penalty is a well-known, although less common, argument against the use of capital punishment. Within the UN, human rights groups have expressed continued concern over the “lack of fair trial in death penalty cases in a number of States,” as stated in the 27th session of the Human Rights Council. Human rights NGOs, according to Kim, insist that capital punishment is used as a “social control tool” against the poor and minority groups. In the United States, for example, one is “22 times more likely to get [sentenced to death] if the defendant is Black and the victim is white.” The previously aforementioned Avena decision of 2004 also serves as an example of this. Amnesty International further elaborates on this topic, stating how capital punishment is often disproportionately used on those with limited access to legal representation. Additionally, social activist and New York University professor of law Bryan Stevenson argues that American use of capital punishment is “defined by error.” He states that one out of every nine people executed was later found to be innocent. Human rights activists often use the consistent errors found within American death row to further their point.


Role in US Diplomatic Relations

The United States’ continued use of the death penalty isolates it from the rest of the world. According to Daniel Baer, former United States Ambassador to the Organization for Security and Cooperation in Europe, there are many different examples of the United States demonstrating a different viewpoint than the rest of the world. Out of the 30 member countries in NATO, the United States is the only one still using the death penalty. On top of that, more than 70% of the world’s nations have abolished or imposed a moratorium on capital punishment. The European Union, one of the closest and most important diplomatic relationships for the United States, has even banned the use of the death penalty in all member states. The United States is the only Western country to have carried out executions from 2013-2019. The United States, however, also emphasizes the importance of following global norms, with diplomat Stefanie Amadeo stating in an article from the New Yorker that “the United States is committed to complying with its international obligations” during her time as deputy representative to the UN Economic and Social Council. Despite assuring their aforementioned commitment to following along with the rest of the world’s views, the United States continues to demonstrate their inability to let go of the death penalty. 

The United States’ continued defense of the death penalty has led to some problems within the international community. In 1999, five years before the abolition of the death penalty in Turkey and fifteen years since their last execution, the Turkish government sentenced Abdullah Öcalan, a guerilla leader for the Kurdistan Workers’ Party, to death. Many, including the United States, saw this as a grossly unfair trial, and encouraged the Turkish government to undo Öcalan’s sentence. However, according to Warren, when the United States got involved, the Turkish government questioned the “authority of the United States to ask another country to forego the death penalty,” referencing its frequent use of capital punishment. While some countries (in this case, Turkey) have questioned the United States’ authority to criticize their implementation of the death penalty, some countries go a step further. According to international death penalty expert Mark Warren, some countries use the United States’ continual use and support of the death penalty to “legitimize their own appalling domestic practices.” Warren references Nigeria, who used this United States’ actions concerning capital punishment to support their 2002 ruling that adulterers will be sentenced to death by stoning.

Modern Values

When looking at it from this perspective, it is obvious that the United States’ continual usage of capital punishment makes it look out of touch and, as some would argue, barbaric. Using the death penalty isolates the country from modern views towards human rights. It puts the United States on the wrong side of a modern fundamental human rights issue.

The United States was founded on the principles of life, liberty, and the pursuit of happiness. Using the death penalty blocks the right to life, and therefore that principle as a whole. If the United States cannot stay true to the very principle it was founded upon, how are other nations supposed to respect them? 

Moreover, by capital punishment, the US not only looks bad in comparison to other developed nations, but also reflects poorly on itself and its own values. Its history of defending the death penalty time and time again groups the United States with countries with atrocious human rights track records like Saudi Arabia, China, and Iran. As the New Yorker’s Lincoln Caplan puts it, the United States ranks with other nations “not in full compliance with their international obligations.”

Careful consideration of international law, modern human rights views, and the country’s founding principles makes it painfully obvious that the death penalty has no place in the United States. Historical evidence shows how the United States has continually used capital punishment to violate what many see as a basic human right, and, in the case of the Avena decision, to violate international law. Aside from that, the use of capital punishment groups the US with countries with terrible human rights track records like Iran, Russia, or Belarus. Overall, the usage of capital punishment makes the United States look outdated and barbaric. It does not represent the “modern” nation the founding fathers intended. Interacting with such a “barbaric” country represents other countries poorly, leaving the United States isolated on the diplomatic stage.

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Americas Candace Americas Candace

The Future of Climate Policy for Brazil and the United States after Bolsonaro and Trump

​​Staff Writer, Candace Graupera, investigates the similar rollback of environmental policies of right-wing presidents of Brazil and the US and how the new left-wing president will help these countries bounce back from environmental policy reductions.

On October 30th, 2022, former president Luiz Inacio Lula da Silva beat incumbent Jair Bolsonaro in the Brazilian presidential election. It was a close election, with Lula getting 50.9% of the vote and Bolsonaro getting 49.1%. Bolsonaro had a turbulent and divisive one-term presidency with attacks on the democratic institutions in Brazil, improper COVID-19 policies which left 700,000 citizens dead, unfounded claims of voter fraud in the most recent presidential election, and telling his supporters to take to the street in protest. Now, if you think that this all sounds familiar, you are right. Former United States president, Donald Trump, also had quite a divisive and controversial presidential term that has similarities to Bolsonaro’s in terms of ideologies and policies. However, one of the most impactful and important ways that these two conservative presidents were similar was their climate and environmental policies. The two almost seemed to copy and bounce off each other with such matching policies and rollbacks. Donald Trump and Jair Bolsonaro have similar degradation of environmental policies such as wanting to withdraw from the Paris Climate Accords and dismantling their federal environmental agencies, the EPA and the MMA. However, now that both countries’ recent elections have ousted both the right-wing presidents, Biden and Lula are now cutting back on conservative climate policy to try to fill the gap.

The Paris Climate Accords

What exactly are the Paris Climate Accords? Put simply, they are a legally binding international treaty concerning climate change. In December 2015, world leaders came together at the UN Climate Change Conference (COP21) in Paris, France because they agreed that climate change is a global emergency that all the countries of the world need to concern themselves with. The agreement that they came up with a set of long-term goals for the 194 countries in attendance. The agreement’s main goals were to reduce global greenhouse gas emissions, limit the Earth’s temperature rise to 1.5C, review countries’ commitments to cutting emissions every five years, and provide financial aid to developing countries who need help financing environmental policies. Every five years, each country is expected to submit a climate action plan to the United Nations. In that plan should be the actions they plan to take to meet the agreed upon long-terms of the Paris Agreement, which are mandatory. This plan lets countries chart their own course on how they contribute to fighting climate change that best suits them. This will spark a huge economic boom for the rest of the century. There are greener jobs everywhere now, from the manufacturing of electric cars and the installation of solar panels. Not only will this plan help fight global climate change but it will also help the global economy. So why then, did Trump and Bolsonaro want to withdraw their countries from the Paris Climate Accords? In 2017, not even two years after the agreement was signed by the United States, Trump announced that the United States will withdraw from the agreement. In a press statement from the State Department that came out in November 2019, it stated that the US would withdraw from the accords because of “its unfair economic burden imposed on American workers, businesses, and taxpayers by the US pledges made under the Agreement.” It also claimed that the United States does not need the help or regulations of the UN because they have already been reducing emissions and ensuring the citizen’s access to affordable energy options. However, it promised to continue to work with other countries to react to the effects and impacts of climate change. Others believe that Trump pulled out of this agreement because it would be popular with his voters and supporters, who work in the fossil fuel industries.The US now represents around 15% of global greenhouse gas emissions, it remains the world's biggest and most powerful economy. So, when they are the only country so far to withdraw from this agreement, it raises a global problem of trust and responsibility.

Bolsonaro’s presidency

Early on in Bolsonaro’s presidential campaign, he said that he wanted to withdraw Brazil from the Paris Agreement. Just before the election, Bolsonaro changed his plan saying that he would keep Brazil in for now but only if certain conditions were met. While his mind kept changing about this particular agreement, he was dead-set on pulling out of others, such as the 2019 United Nations Climate Conference (COP25) and Brazil’s 2015 carbon emissions education pledge. In 2018, Bolsonaro said that Brazil would remain in the agreement if someone could give him a written guarantee that there would be no “Triple A” project and no “independence of any indigenous area” Triple A is a proposal of an NGO from Colombia for some protected areas between the Andes and the Atlantic. Bolsonaro thought that this proposal is a conspiracy to take the Amazon rainforest away from Brazil. When he referred to the “independence of indigenous areas,” what he really meant was foreign governments are trying to get indigenous communities to declare independence from Brazil so that those governments can take the Amazon as their own. While Bolsonaro eventually scraped his pledge to withdraw from the agreement, and the US remains the only country to actually do so, this could have set a dangerous precedent for other powerhouse countries to leave the agreement as well, effectively nullifying it.

Comparing Trump’s environmental policies to Bolsonaro

Trump and Bolsonaro also had similar plans to defund or dismantle their federal environmental agencies, for the US, the Environmental Protection Agency (EPA), and in Brazil, the Ministry of the Environment (MMA). In the US, the Administrators of the EPA were deep in scandal and controversy. The first one was Scott Pruitt, a senator from Oklahoma, who was a fossil fuel industry enthusiast and had a disdain for climate science. He supported Trump in his rollbacks of the EPA regulation on multiple different issues. Trump signed an executive order in 2017 that would lift bans on federal leasing for coal, lifts restrictions on the production of oil, natural gas, coal, and shale, returns the power of such regulation to the states, and a re-evaluation of the Clean Power Plan. This is Obama’s signature climate policy which intended to cut 32% of power plant emissions by replacing coal with renewable energy. This plan only works if the EPA has regulation power of carbon pollution regulations. However, under Trump, this was not going to happen. If these carbon pollution regulations do not happen, the American people, especially the poor and people of color will suffer from it. There is also something called the Waters of US Rule, which Trump also wanted to eliminate. This was passed by the EPA in 2015 to include smaller streams in the Clean Water Act that could provide drinking water to a third of Americans, especially some in rural areas where access to clean drinking water is sparse. If the EPA’s ability to regulate the Clean Power Plan and the companies that produce fossil fuels, we could have a global climate crisis on our hands. Bolsonaro has used similar tactics to dismantle his federal environmental agency, the Ministry of the Environment (MMA). In 2019, he announced that he would be stripping the environment ministry’s authority over regulations in the forestry and water agency, which is a big problem since the Amazon rainforest is included in that description. Critics of this decision said that the lack of clear directives to fight against climate change is not allowing Brazil to meet its commitments to cut greenhouse gasses, which Bolsonaro has already done. Environmentalists at the time feared that since the ministry does not have as much regulatory power, deforestation in the Amazon will increase. In addition, in 2020, his government published 195 acts, ordinances, decrees, and other measures which would continually dismantle Brazil’s environmental laws. These acts would allow those who illegally deforested and occupied conserved areas of the Amazon to receive full amnesty for their crimes. Also, the supervision of fisheries was being relaxed so this could increase the illegal trafficking of tropical fish. These acts have also led to the firing of specialized agency heads and the hiring of personnel with little to no experience in environmental management. Under Bolsonaro, the Amazon rainforest has suffered an increase in deforestation rates. Brazil was once the standard for environmental conservation since they have a rainforest, whose protection is necessary for survival on Earth. However, since Bolsonaro took office in 2019, he stripped enforcement measures of the MMA, cut funding for the MMA, fired environmental experts and replaced them with personnel with little to no experience, and weakened indigenous land rights. There have been many forest fires and criminal activity such as illegal logging due to the MMA’s inability to enforce its regulations and protections. In the first three years of his being in office, the Amazon had lost 8.4 million acres, which just for context, is the same size as the entire country of Belgium. It is a 52 percent increase from the deforestation rates from previous years. In 2021, 17% of the whole rainforest had been destroyed. There are estimations that if that number reaches 20 to 25 percent, it could threaten millions of people and animals whose lives depend on the rainforest.

The new presidents and their policies: Biden and Lula

However powerless we feel as individuals about the inevitability of climate change, there is hope for the United States and Brazil in their new leaders. Both new presidents have promised to undo a lot of the policies, cuts, and setbacks to the environment from the last administrations. In the 2022 Brazilian presidential election, many felt that the Amazon’s fate was at stake. Lula has pledged to protect the Amazon and is the ‘greenest’ candidate that ran in the election. He was president also in 2003 and he often points to his track record during that term to show that he can succeed in his plans. He started enforcing a policy called the Forest Code which got many government agencies to work together to decrease deforestation. When Lula was in power, deforestation fell dramatically by 80%. Since Lula’s win of the office only occurred a short while ago, we can only look at his past performance to see if he will hold to his future promises to reduce deforestation. In the United States, the same environmental promises were made by Joe Biden when he was elected. Since Biden has been in office since 2020, we can look to see how the promises he made during his campaigns have fared. Biden has started protecting land that was opened to drilling. Trump approved the Keystone XL and Dakota Access pipelines, which invaded Native American and farming land. He also opened up federally managed land and ocean for oil and gas drilling. Biden, however, has halted oil and gas leasing, reserved land and ocean drilling for oil and gas, and blocked the Keystone pipelines. In addition, Biden has started enforcing environmental regulations again. Trump allowed businesses that polluted to not be prosecuted by the federal government for any broken environmental laws. Biden has started cracking down on pursuing and prosecuting polluters while also suing fossil fuel companies for the climate damage they have caused. He restored flood protection standards, revoked the executive order that made it harder for agencies to issue environmental rules, and reserved the requirement to reduce climate considerations when assessing the impact of a project. All that being said, the future of the environment and the impact of climate change will be decided in the next few years. All we can do as individuals are elect the officials with the Earth’s best interests in mind and hopefully, the policies being created now will help prevent irreversible damage further down the line.

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Americas, South America William Kakenmaster Americas, South America William Kakenmaster

Guatemala and the Limitations of Democratic Peace Theory

Executive Editor William Kakenmaster explores U.S. Intervention and Expanded Conceptualizations of Peace and Democracy.

In 1954, the United States covertly intervened in Guatemala, orchestrating a paramilitary coup d’état that deposed the democratically elected, Liberal government and installed a brutally repressive right-wing military junta. The story is well-known among Latin Americanists and foreign policy skeptics, but its theoretical significance for international relations (IR) has thus far been understated. More than just a foreign policy blunder, the case of Guatemala in 1954 represents the limitations of one of IR’s dominant frameworks: Democratic Peace Theory (DPT). DPT fails because it improperly conceives of its two key concepts—democracy and peace—ultimately narrowing them beyond any practically useful definition (e.g., one whose premises accurately reflect the world’s state of affairs). Western-style democracies—founded on Liberal values and free market capitalism—have no theoretical monopoly on legitimate democratic governance. To suggest otherwise ignores the realities and possibilities of equally legitimate democratic governance that may differ in form. Furthermore, and in spite of DPT, the absence of war does not sufficiently imply peace. To suggest otherwise insults the realities of torture, police brutality, disappearances, and other human rights abuses that happen off the battlefield, but which violate peace nonetheless.

 

DPT and Its Discontents

DPT is the closest thing we have to a natural law of international relations—we are often reminded—and its mainstream proponents claim three principal reasons that, when combined, create a special peace among democracies. First, citizens of democracies wield power over their governments, and their natural reluctance to go to war limits democratic countries’ proclivity for war-making. Second, the leaders of democratic countries face institutional constraints on their powers; unlike kings and emperors, presidents and prime ministers must answer to legislatures and voters, causing decisions to go to war to be based on multiple actors and timelines. Third, democracies are founded on values that naturally prioritize and respect individuals’ right to life, ensuring their philosophical predisposition to peace. Beyond these three mainstream explanations, some scholars argue that democracies enjoy peaceful relations due to their related economic development—war disrupts trade, and hence, democracies desirous of economic prosperity stop fighting and start signing trade agreements. Others argue that democracies are better at trusting one another because of their “unique contracting advantages” that make them more able and willing to negotiate peacefully amongst themselves. Whatever the reasons, proponents of DPT all ultimately maintain the same principle: democracies “don’t attack each other.”

Though several scholars support DPT, several others do not. DPT’s discontents consist of both quantitatively and qualitatively oriented critiques. Quantitative critiques suggest that theorists manipulate their variables and selectively limit the scope of their dataset in order to produce more favorable results. Qualitative critiques argue that democracy is a subjectively understood construction and, therefore, unreliable as a variable upon which to base peace claims. However, such critiques are not without flaws of their own. Quantitative opponents of DPT suffer from the same hindrance as the theory’s proponents, for the danger of quantitative methodologies is that of over-simplification, which excludes alternative, but nonetheless democratic forms of political participation. If we can rank countries on a scale of “objective” criteria required for democracy, then we risk excluding phenomena like protest, union membership, and so on that less traditionally characterize democracies and which are generally more observable through qualitative methods. DPT measures any given country’s democratic-ness with the Polity index, scoring countries out of ten on—for instance—open and fair elections, constitutionalism, and political participation. But, the Polity index does not account for alternative forms of democratic political action such as non-violent demonstrations and human rights activism. In Guatemala, the former led to the overthrow of the U.S.-backed dictator Jorge Ubico and the latter led the world to recognize the government’s genocide of indigenous Maya people. Defining which countries count as democracies and which do not is a political project and, if we remain skeptical of DPT proponents’ supposed objectivity, then we must also remain so for DPT’s opponents that adopt the same methodology. In addition, I remain skeptical of mainstream qualitative critiques’ subtle Eurocentrism. It is quite easy to claim that democracies are constructed by “America-like” discourses when the cases studied consist primarily of central and eastern European countries—countries with which a large portion of the U.S.’s population shares its heritage. It is a bit harder to identify cases that contradict DPT from the global South, as Guatemala does. Though DPT’s proponents may not get it right, to a certain extent, neither do its critics.

 

Usurpation and Inter-Democracy Violence in Guatemala

The U.S. intervened in Guatemala in 1954 to overthrow the legitimately elected government that sought to promote Liberal, capitalist reform. In 1901, the Guatemalan dictator Manuel Estrada Cabrera granted the United Fruit Company, an American multinational agricultural corporation, the exclusive right to transport post between the U.S. and Guatemala, which became the company’s first entry into the country. United Fruit primarily produced bananas, eventually dominating the market, and creating disparate inequalities in Guatemalan landholdings. By 1944, 2% of Guatemala’s population held over 72% of the land. Moreover, according to Insatiable Appetite by the University of California, Davis’ Richard Tucker, U.S. agro-industrial capitalists—who needed ports, roads, and other vital infrastructure to export their products from Guatemala—controlled nearly every aspect in the chain of production through centralized, vertical integration of Guatemalan production and infrastructure. By 1902, Tucker finds that agro-industries like United Fruit “controlled most banana shipping to Europe, as well as to the United States,” and by 1912, it controlled the International Railways of Central America. Furthermore, Tucker notes that United Fruit ran the Guatemalan postal service and Latin America’s first wireless telegraph company, the Tropical Radio and Telegraph Company. Meanwhile, policymakers in the U.S. Departments of State and Defense lined their pockets with shares in United Fruit (now known as Chiquita Brands International).

Eventually, popular uprisings ousted the authoritarian government and elected Guatemala’s first democratic president, Juan José Arévalo, who dreamed of Liberal, capitalist reforms and cited Franklin Delano Roosevelt’s New Deal as his primary source of political inspiration. In 1950, Arévalo’s democratically elected successor, Jacobo Árbenz implemented the controversial land expropriation policy Decree 900, which sought to break up United Fruit’s monopoly and combat the inequalities in landholdings. Árbenz’s Decree 900 drew upon Arévalo’s vision. In 1954, the Central Intelligence Agency (CIA) intervened in Guatemala, training Honduran and Nicaraguan proxy troops that stormed Guatemala City and forced Árbenz to abdicate power. As justification, the U.S. labelled Guatemala a communist state infringing upon free market capitalism and individuals’ land rights. According to the then-Ambassador to Guatemala, John Peurifoy, and despite significant evidence to the contrary, Árbenz “thought like a communist, he acted like a communist, and if he is not one […] he will do until one comes along.” In a nearly cartoonish exaggeration of the Guatemalan political situation, the CIA overthrew a legitimately elected democracy that deliberately incorporated elements of American policy in order to advance Liberal, capitalist development and promote market competition.

 

The Limitations of the Democratic Peace

U.S. intervention in Guatemala in 1954 demonstrates how DPT improperly conceptualizes democracy as a specific type of government that is Western-styled, Liberal, free market, and allied with the U.S. politically and ideologically. Polity IV counts Guatemala just before the U.S. intervention as an “open anocracy” characterized by “mixed, or incoherent, authority.” Arévalo’s and Árbenz’s reforms therefore do not sufficiently reach the threshold of democratic governance for DPT. But, Polity’s mistake lies in its lack of consideration for states’ democratic capacities. In its first ever legitimate, national elections, Guatemalans clearly showed their democratic volition, but were plagued by the lack of democratic institutions typical of other, established democracies. To the extent that it could reasonably be considered so, Guatemala was a democracy in 1954 in that it had open, fair elections, support for Liberal human rights, and reforms to establish free and fair market competition. However, factoring in democratic capacity did little to make Guatemala a democracy in the eyes of policymakers. Recall how, despite the Liberal, democratic, and capitalist reforms instituted and sought after, U.S. policymakers claimed that, if the Árbenz administration was not communist, it “would do until one came along.” U.S. policymakers imagined the threat of communism in Guatemala because it did not pursue conservative, free market ideologies as the U.S. did, and because it did not explicitly reject the same Cold War allies that the U.S. did; and Guatemala subsequently was not considered a democratic country in spite of evidence to suggest otherwise.

Moreover, DPT improperly conceptualizes peace, excluding violations of peace present in cases like Guatemala. Following the U.S. installation of the junta, Guatemala entered a decades-long period of authoritarian rule resulting in state-sponsored violence, disappearances, torture, and genocide against Guatemala’s indigenous population. According to mainstream DPT literature, “peace” is defined as the absence of war. War is defined as any formal, organized, inter-state conflict resulting in the deaths of over 1,000 belligerent soldiers. The Guatemalan Historical Clarification Commission estimated in 1999 that over 200,000 people were killed or disappeared during the county’s civil war and as a direct result of authoritarian rule. Few, if any, troops on either the U.S. or Guatemalan side died during the 1954 coup, however. Therefore, according to DPT, Guatemala’s is a case for peace. From this intuitively false conclusion, we can derive two important implications, the first of which deals with how we conceptualize peace. If peace is restricted to DPT’s definition, then repression, civil disobedience and political cleavages, torture, ethnic cleansing, and so on, count for peace besides our natural beliefs to the contrary. Leaving these instances out of the dataset makes the theory useful only for explaining the absence of war, not peace, especially given that these concepts are not perfect opposites.

The second conclusion deals with the dangers of narrowly conceptualizing peace in this way. If we exclude one type of violence that breaches the peace in vor of including another, then we introduce structural elements to IR theory that privilege one type of violence over another. War, at least DPT’s version of it, may be on the wane for a number of factors, but that does not necessarily imply a more peaceful world. Excluding Guatemala renders DPT potentially dangerous and privileging of a narrow, antiquated view of peace and its conceptual opposite. If we privilege formal, organized, inter-state war as the only acceptable form of peace for IR theorizing, then other atrocities that violate peace between people (not to mention between states) fall off scholars’ radars. Essentially, genocide and the legacy of human rights abuses in Latin America from colonial mass killings and rapes to the state-sponsored slaughter of indigenous people as recently as the late twentieth century equally violate peace in IR.

 

Conclusions

The U.S. coup in Guatemala deposed of a democratically elected regime seeking to advance Liberal, capitalist reforms. DPT’s proponents rely on overly narrow and useless definitions of peace and democracy. To claim that DPT adequately explains inter-democratic relations ignores the fact that Guatemala’s open, fair elections constituted democratic governance to the extent that its limited democratic capacity allowed. To further suggest that, because fewer than 1,000 belligerent combatants died on either side of the intervention, Guatemala sufficiently constitutes peace obfuscates the U.S.’s use of proxy troops and the resulting brutality of the U.S.-backed authoritarian regime.

The 1954 U.S. intervention in Guatemala represents more than just a foreign policy blunder—it shows the vastly insufficient conceptualizations of peace and democracy that underpin one of the dominant contemporary IR theories. Of course, fully developed, accurate conceptualizations of both democracy and peace would be exceedingly useful for IR theorizing if defining these concepts were removed from countries’ and scholars’ political agendas. Such conceptualizations are, however, outside the scope of this essay and would require more in-depth research. But what is clear is that those employed by DPT are insufficient. To secure its place in IR scholarship, DPT would need to rectify its definitional shortcomings and adequately account for alternative forms of democracy and violations of international peace off the battlefield. However, to the extent that they represent subjectively understood elements of a Liberal political project, the inherently narrow representations of peace and democracy only indicate DPT scholars’ inability to objectively determine them. Democracy consists of innumerable philosophies of governance far beyond its narrow understanding in the DPT literature and peace consists of a state of human affairs, whose maintenance or violation inter-state wars’ have no theoretical or practical monopoly—neither concept can be so reductively defined as in the literature lest we ignore alternative, valid approaches to democracy and alternative, tragic violations of peace.

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Americas, North America Jeremy Clement Americas, North America Jeremy Clement

Violence in the Schoolhouse: The State of Corporal Punishment

Jeremy Clement criticizes the use of corporal punishment in modern American education, highlighting its discriminatory use.

Corporal punishment was the preferred method to keep America’s students in line for much of American history. Paddling, spanking, and other forms of violent punishment have slowly been replaced by other techniques such as positive reinforcement. However, today corporal punishment still exists in many American schools, with disastrous consequences for youths, families, and the United States as a whole. These consequences range from mental and physical harm to children, a tarnished international image, harm to families, and a discriminatory punishment system.

Where Does Corporal Punishment in American Schools Stand Today?

Corporal punishment has existed for many centuries. It was used in the Middle Ages to punish school children and until 1948 was used in Britain to punish minor criminal offenders. Some infamous examples of corporal punishment include the flogging of Christ and the use of flogging by the British navy during the 18th century.

The good news is that corporal punishment is on the decline. During the 2006-2007 school year 223,190 students received corporal punishment in comparison to approximately 1.5 million students in 1976. However, nineteen states (shaded red in Figure 1 below) still allow corporal punishment.

Clement 01 pic.png

Why Should The U.S. Ban Corporal Punishment?

Aside from the more obvious arguments against corporal punishment, such as the negative effects on children’s ability to learn and so on, the administration of corporal punishment has discriminatory factors associated with it. Table 1 below outlines some striking statistics. Overall, African Americans disproportionately receive twice the amount of corporal punishments that their percentage of school population would suggest. It is hard to convince young African American students to behave in school when they are unfairly administered corporal punishment by their discipliners.

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Table 1: Corporal punishment minority statistics

Table 1: Corporal punishment minority statistics

Differently abled students also bear an unfair burden. One study showed that in Tennessee disabled students are twice as likely to be paddled as their peers. This is especially true for students on the autism spectrum, since their disability interferes with their ability to follow what would otherwise be considered appropriate social behavioral norms.

Aside from the discriminatory nature of corporal punishment, the negative effects on children are severe and sometimes irreversible. A study by the Brookings Institution revealed that students who are subject to corporal punishment at a young age are more likely to abuse drugs or alcohol. These students are also more likely to imitate such abuse later in life through domestic violence or emotionally abusive relationships with their children. The study claims that these students “may learn to associate violence with power or getting one’s own way.” Children who are punished physically—regularly or severely—are more likely to develop mental health issues later in life.

Corporal punishment can be physically devastating for children as well. According to Time magazine, “[t]he Society for Adolescent Medicine has documented [...] severe muscle injury, extensive blood-clotting (hematomas), whiplash damage and hemorrhaging” in cases of corporal punishment. These gruesome injuries have sometimes caused parents to give up jobs to homeschool their children, thereby negatively affecting students’ family lives. Not to mention that these injuries unnecessarily contribute to skyrocketing healthcare costs when they require medical attention.

The effects that corporal punishment has on students boil down to one simple fact: in the United States of America—one of the most developed and democratic states in the world—one of the only groups of citizens who can be beaten legally are school children. This, of course, exhibits a terrible confusion of our priorities.

The last reason for banning corporal punishment is the simple fact of embarrassment. Over 70 nations worldwide have laws that explicitly prohibit corporal punishment in schools. The United Nations has criticized countries that still allow corporal punishment saying that “there is no doubt that corporal punishment is a violation of children’s rights under the Convention on the Rights of the Child because it is constitutive of violence that causes . . . suffering.” That the U.S. has not ratified the Convention on the Rights of the Child is further proof of its negligent policy towards children. Therefore, the U.S. should A) ratify the Convention, and B) respect its basic obligations towards its citizens under the age of 18.

 

If Corporal Punishment Were to Be Banned, How Would We Do It?

A simple answer would be for schools to just stop doing it. No law requires schools to paddle or hit children. However, with that route being perhaps too far away, legal action seems necessary.

States without specific regulations prohibiting corporal punishment could amend their laws to define it and outlaw it. These states should take a similar route as Iowa and New Jersey, for instance, both of which ban the practice in both public and private schools. As Figure 1 showed, the states in which corporal punishment still lingers are typically more conservative states. This is not a coincidence, Republicans in general tend to view the practice more favorably. So all else being equal, passing laws in these states will be theoretically more difficult than passing laws in more left-leaning states that do not already ban it.

The federal government could use its spending power to incentivize schools or state governments to ban the practice. A program similar to Race to the Top or to a statute such as Title IX where schools will lose funding if they do not abide by prohibitions on corporal punishment could be effective. Alternatively, and to the benefit of those in the disabled community, Congress could introduce an amendment to the Americans with Disabilities Act that specifically protects disabled students from corporal punishment in schools. If a lawsuit arose that claimed that corporal punishment constituted child abuse, and was thus unconstitutional, the Supreme Court could overturn its 1977 ruling that allowed corporal punishment via the “Trop” standard which allows for evolving standards of decency in America society or another similar mechanism.

Regardless of which legal or social path is taken to end corporal punishment in American schools, it needs to be done quickly. Hundreds of thousands of students are affected every year and this practice is clearly detrimental to society.

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Americas, North America Emily Dalgo Americas, North America Emily Dalgo

Comparative Analysis of Bush and Obama Pre- and Post-9/11 Strategies

Contributing Editor Emily Dalgo analyzes contemporary Presidents’ unique approaches to counter-terrorism strategies.

Background

On September 11, 2001, 19 Islamic terrorists from Saudi Arabia and several other Arab nations associated with the Islamic extremist group al-Qaeda hijacked four American aircrafts and carried out suicide attacks in New York and Washington, D.C. Two planes were flown into the towers of the World Trade Center in New York City, a third plane struck the Pentagon outside of Washington, and the fourth plane crashed in a field in Pennsylvania, its target unknown but suspected to be the White House or the Capitol Building in Washington. The attacks killed over 3,000 people, including more than 400 police officers and firefighters, and seriously injured over 10,000 others. The attacks on 9/11 triggered major U.S. initiatives to combat terrorism and were the basis for the Iraq and Afghan wars. On the night of 9/11, President George W. Bush gave an ominous address from the Oval Office in which he stated, “We will make no distinction between the terrorists who committed these acts and those who harbor them.”

 

The Build to September 11th

During Bill Clinton’s Presidency in 1998, the United Nations inspection agency withdrew from Baghdad in protest of Saddam Hussein’s unwillingness to cooperate with inspection measures. President Clinton then called on American Armed Forces to strike military and security targets in Iraq due to the belief that Hussein was harboring weapons of mass destruction (WMD); the President stated that Hussein’s reluctance to cooperate with inspections presented “a clear and present danger to the stability of the Persian Gulf and the safety of people everywhere.” The U.S. pledged to enact a long-term strategy of containment toward Iraq and its weapons of mass destruction, but at no point did the Clinton administration consider an operation specifically designed to overthrow Hussein’s regime.

In December of 2000, President Clinton told President-Elect George W. Bush that the biggest threat to be concerned with would be al Qaeda and its leader, Osama bin Laden. In January of 2001, soon-to-be Vice President Dick Cheney met with Pentagon national security officials to discuss Iraq; the Pentagon reported to Cheney that Saddam Hussein was contained and isolated, and that there was no need for any aggressive action against him, and that acting otherwise would “immediately engender strong opposition in the region and throughout the world.” However, the Bush administration did not agree with the Pentagon’s sentiments nor did it share President Clinton’s concern with al Qaeda. The Administration instead prioritized China’s increasing military power and the desire to oust Saddam Hussein from power. Former national coordinator for security, infrastructure protection, and counterterrorism in the Clinton administration Richard Clarke was appointed as a special advisor to the NSC by Bush and was startled at the lack of attention that was being placed on al Qaeda by the new Administration. He told his colleagues that the terrorist organization was “clearly planning a major series of attacks against us” and that they “must act decisively and quickly” against imminent attacks. The President’s advisors did not believe Clark’s warnings and said he was giving bin Laden “too much credit.” Throughout the summer months of 2001, the CIA repeatedly warned of imminent attacks by bin Laden on American facilities. On May 1, June 22, 23, and 25, intelligence briefs issued by the CIA warned of imminent attacks. Bush disregarded the warnings.

 

Strategy of President Bush

Immediately following the attacks, Bush and his advisors met with the CIA to discuss strategy. It was debated whether the focus moving forward should be on the destruction of al Qaeda and Osama bin Laden or against terrorism more broadly. The CIA director of counterterrorism argued that the Taliban and al Qaeda needed to be jointly eliminated, due to the intricate entwinement between the two groups. The topic was continuously tabled, but finally, after continuous pressure from the President to develop a concrete plan of attack rapidly, a decision was made.

President Bush’s first objective in the wake of 9/11 was to topple the Taliban regime and attack al Qaeda in Afghanistan. Thus, Operation Enduring Freedom was the first initiative launched by the President. On October 7, 2001, the U.S., with assistance from Australia, France, and the United Kingdom, carried out air strikes on Taliban and al Qaeda targets in an attempt to stop the Taliban from harboring al Qaeda, and to stop al Qaeda from using Afghanistan as a base for operations. Due to the U.S.-led effort in Afghanistan, the Taliban was forced to relinquish power and the state was renamed the Islamic Republic of Afghanistan. However, by the time the allied forces took over the capital, most high-ranking Taliban and al Qaeda officials had escaped to Pakistan. Within two years, Taliban forces launched a counteroffensive. Within five years, Bush had almost doubled the number of U.S. forces in Afghanistan from 26,607 to 48,250.

His second goal was to oust Saddam Hussein, the 5th President of Iraq, in order to “prevent him from developing weapons of mass destruction” and to help Iraq create a stable democratic regime. The President and his advisors were set on the idea that Hussein was attempting to recreate the state’s nuclear program that had been eliminated after the Gulf Wars. The Bush Administration was desperate to make a connection between al Qaeda and Saddam Hussein, even though top CIA officials and International Atomic Energy Association (IAEA) officials insisted that there was absolutely no evidence that Hussein was rebuilding a nuclear program, and that connections between Hussein and al Qaeda were weak. Bush, however, did not accept these claims and continued to press on in order to create a rhetoric that Hussein and al Qaeda were inexplicably linked, and that Hussein was an imminent threat to freedom and U.S. security. Perhaps a more truthful rationale for the Administration’s invasion of Iraq was the desire to democratize the region in order to enhance Israel’s security. Another interest that was severely under-articulated was the United States’ long-standing dependence on Persian Gulf oil. The Bush Administration believed that if Iraq were to have a nuclear weapon, Hussein would be in a position to gain control over a large segment of the world’s oil reserves. Eighteen months after the 9/11 attacks, Bush authorized the invasion of Iraq. The war against Iraq was extremely unsuccessful; it lasted much longer than estimated—formally ending in December 2011—and cost the U.S., Iraq, and the entire Middle East more lives and money than projected. Conflict in both Afghanistan and Iraq continued at the end of Bush’s second term in office, leaving Barack Obama with the remainder of two complicated, costly, and contentious wars.

 

Strategy of President Obama

President Obama inherited the failed attempts to reform both the Afghan and Iraqi governments and to rid the Taliban of its power. By 2009, the Taliban had fled Afghanistan into neighboring Pakistan. Drug trade in Afghanistan had become a $4 billion business, and the Taliban used the money to fund its insurgency against the Afghan government and the occupying forces. Al Qaeda had also secured safe havens in Pakistani tribal regions. Obama’s first move was to send Vice President Joe Biden to Pakistan to meet with President Asif Ali Zardari to secure diplomatic ties with the government and to emphasize the important role Pakistan had in the Afghanistan conflict, which, unlike Bush’s Administration, was to be the Obama Administration’s focus. Zardari expressed concerns at the anti-American sentiment in the country, and said that helping the U.S. would create hatred toward the Pakistani government unless there was something in it for the people. He requested economic resources so that he could justify supporting the U.S. and Biden did not object.

The next stop was a meeting in Afghanistan with President Hamid Karzai. Karzai expressed that the Afghani people did not want Americans to leave the country because they were there fighting terrorism, but that civilian casualties were a concern. He stated that an additional 30,000 American troops would make the efforts more successful. Biden was hesitant. Obama’s first decision as president was to commission a sixty-day review of the Iraq war, since additional troops were likely to be needed in Afghanistan, and a drawdown in Iraq would be necessary to supply the additional forces. Obama called on advisors to come up with strategies for Afghanistan, because if more troops were needed in the country, he would need a set plan in order to validate further involvement. The debate went back and forth between sending an additional 17,000 troops or 30,000 troops, and Obama took the time necessary to hear from multiple sources about what the best plan of action would be. After several days to think on the final strategies, Obama approved the request for an additional 17,000 troops, knowing that without more Americans on the ground, the Afghan elections would probably not be possible.

In late March of 2009, Obama announced that the U.S. would help Pakistan battle al Qaeda, but Pakistan had to “demonstrate its commitment to rooting out al Qaeda and the violent extremists within its borders.” He also announced that the U.S. would send 4,000 troops to Afghanistan to train and enhance the Afghan army and police force, and that economic and social aid would be sent to the country.

 

Bush vs. Obama and Present Day

Several key differences between the Bush and Obama administrations can be noted at this point in the War on Terror timeline: President Bush was bent on ousting Saddam Hussein and focusing on Iraq rather than on Afghanistan. At the start of his Presidency, Obama made it clear that stabilizing Afghanistan and attacking the Taliban in neighboring regions would be the chief objective. Bush was also less receptive to information that went against his own personal beliefs about how the war should be fought, as well as what was truly happening in the region. No matter which senior official told the President that there was absolutely no evidence that a nuclear program was being reestablished in Iraq under Hussein, Bush and his advisors continued to push the discourse until it became accepted and acted upon. Obama, although reluctant to send additional troops into Afghanistan, listened to all opinions and encouraged dissenting voices at the table. In deciding how to continue in Afghanistan, Obama said, “I’m a big believer in continually updating our analysis and relying on a constant feedback loop. Don’t bite your tongue. Everybody needs to say what’s on their mind.” There was not as much pressure to act quickly under Obama; Bush was fixated on the idea of responding with concrete action within days of the attacks, but Obama was more determined to act with strategy and purpose, even if that meant a delay in action.

Although the experience of these wars has, obviously, been negative, and billions of dollars and thousands of lives have been lost since 2001 when the war began, retrenchment is not an option for several reasons and on several fronts. In regard to Afghanistan, stability will continue to decrease as U.S. forces decrease in the region. Total retrenchment would be the most extreme, and worst, scenario. In 2015 Afghan security forces, including local police, suffered a 70 percent increase in casualties compared to 2014. The average count of casualties per week currently stands at around 330. This increase in violence is directly related to the decrease of foreign aid and military services. The toxic combination of a new unstable government with leaders who have not yet been proven trustworthy, and the simultaneous withdrawal of U.S. troops is increasing the likelihood of a resurgent Taliban and potentially wasting years of war and the American lives lost during the conflict. The withdrawal at this critical yet sensitive time in Afghanistan’s move toward stabilization also provides the perfect breeding ground for ISIL to gain power and control. While difficult and messy war efforts that last longer and cost more than expected are not the ideal reality for any nation’s foreign policy, isolationist strategies would not bode well for the international community either. The globalized world is as interconnected as it is interdependent, and the United States’ deep involvement in all regions of the world is important and necessary. The capacity of that involvement, however, may change over time.

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Americas, North America Laura Thompson Americas, North America Laura Thompson

The Discourse Surrounding Internment of United States Citizens: Action Derived From Fear as a Departure from Liberal Democracy

Staff Writer Laura Thompson discusses the potentially imperiled state of fundamental U.S. values due to polarized political actions against demographic groups in reaction to concerns over terrorism and the refugee crisis.

As the world enters its second decade of the new century, crises across the globe are driving people to take refuge from their home countries. Old fears concerning terrorism, as well as current realities about violence and prejudice pose a significant problem for United States politicians: should refugee programs for Muslims be banned on the basis of national security, just as World War II fears produced Japanese internment camps? This paper will not explore the moral justification—or lack thereof—for the implementation of Japanese internment camps during WWII, or for the banning of Muslim refugees. Instead, it will discuss how the decisions of World War II, and the revival of new discussions of ethnically biased policies, contradict liberal democratic political theory in the United States. Liberal democratic theory is at the core of the United States’ political doctrine; it drives the Constitution, the structure, and the ideology of both the government and the people. The contradiction of these values and ideologies is not only a troubling departure from foundational liberal democratic principles, but potentially signal a decline in the political stability of the nation itself as the American people sink more deeply into polarized positions and increasingly neglect objective evaluation of political candidates from either major party.

In the U.S., there exists a divide between the intentions of politicians for the societies they wish to create and lead, and the reality of the political and social atmospheres garnered by the more diverse American peoples. These differences reflect the further, profound difference between the United States’ liberal democratic foundations, and the reality of its lack of democratic representation. Liberal democracy is defined here as a political theory founded on representative democracy, where the government is formed of elected representatives whose power is restrained by both the law and the constitution, both of which serve to protect the rights and freedoms of individuals and are supported by the majority of the state. Of course, the United States is not a perfect liberal democracy. The theoretical justifications for the values and legal attitudes of the nation that can be—and are—threatened by the proposed decisions of the few who hold power.

The Syrian refugee crisis has given way to rhetoric by some United States politicians that is both anti-refugee and, more generally, anti-Islamic. In recent years, conflict has arisen in Syria, The civil war began in spring 2011 when pro-democracy protests erupted across the nation in opposition to the authoritarian regime of President Bashar al-Assad; the President used violent, militaristic methods to suppress opposition efforts, including murder. Since then, conflict has raged between the government and opposition militias, as well as the rise of a third antagonist, ISIS, a radical non-state terrorist actor in the region. All of these threats have culminated in the displacement of Syrian civilians, who have now gained refugee status as they flee their civil war-torn country. The potential for the reinstitution of internment camps for those peacefully seeking refuge in America based on race and religion both represents the state’s increasing political polarization and its departure from the values of liberal democracy that upon which the United States was founded. The complexity of the situation is most apparent when the security argument is considered: does the nation prioritize perceptions of security, or philosophical foundations rooted in the Constitution, during times of crisis? This question might seem rhetorical and self-evident to people on either side of the argument; the ideological conflict at hand here is best exemplified by the U.S. policy decisions made during World War II concerning Japanese-American citizens.

The U.S. first interred civilians during WWII following the Japanese attach on Pearl Harbor, a measure intended to improve security, but which did little else beyond dividing otherwise equal citizens and violating the fundamental theories of liberty and freedom otherwise promoted by the concepts of democracy. In a 1942 film produced by the US Office of War Information, Japanese Relocation, Milton Eisenhower’s narration sets the tone for the official opinion on U.S. action. Eisenhower’s explanation of the motivations for the internment, could easily translate into today’s anti-Muslim immigration discourses by substituting a few key words. The original states:

When the Japanese attacked Pearl Harbor, our West Coast became a potential combat zone. Living in that zone were more than 100,000 persons of Japanese ancestry; two thirds of them American citizens; one third aliens. We knew that some among them were potentially dangerous. But no one knew what would happen among this concentrated population if Japanese forces should try to invade our shores. Military authorities therefore determined that all of them, citizens and aliens alike, would have to move.

 

The legal basis for the internment of Japanese U.S. citizens and non-citizens alike derives from Franklin D. Roosevelt’s Executive Order 9066, which came two months after the attack on Pearl Harbor and the subsequent declaration of war against.  Executive Order 9066 was declared after the United States had formally declared war and was motivated by determined necessity founded on fear of future attacks and national insecurity. The trouble was, legal basis had been developed around racial motivations in order to support it; legal foundations in the Constitution did not support the xenophobic ideas on security being purported at the time, and so those in power created the necessary legal foundation through Supreme Court decisions such as Hirabayashi v. United States, executive orders, and influential media coverage of the conflict.

Ansel Adams, a photographer of the period who was critical of the executive order, noted that by June 1943, the Office of War Information reported that Nazi agents, not Japanese Americans, who aided the Japanese in carrying out their attack on Pearl Harbor—the rhetoric of security perpetuated at this time was proven wrong. In this case, fear determined the guilt of Japanese Americans before the facts had been appropriately investigated and considered; and, thus, a narrative of the danger that Japanese Americans posed took hold of public perception and ended up oppressing innocent civilians. This fear-based/security-obsessed narrative ultimately led to the forced internment of more than 120,000 Japanese Americans in the Pacific Coastal region, most of whom lost their jobs, possessions, and land, all with little guarantee of their full or partial return following the conclusion of internment.

Today, U.S. political discourse encounters the same methods of abusing the public’s insecurities in order to advance and justify extreme and xenophobic notions of how the country should be governed.  Following recent terrorist attacks in San Bernardino, California and Paris, France—both connected with the Islamic State of Iraq and the Levant (ISIL)—2016 Presidential candidate Donald Trump advocated a ban on allowing identified Muslims into the United States. Understanding the motivation behind the urge to stop the refugee program is vital to understanding its significance to the theoretical underpinnings of U.S. politics. David Bowers, the mayor of Roanoke Virginia, issued an early statement advocating the refusal of Syrian refugees to his region of the state:

I’m reminded that President Franklin D. Roosevelt felt compelled to sequester Japanese foreign nationals after the bombing of Pearl Harbor, and it appears that the threat of harm to America from ISIS now is just as real and serious as that from our enemies then.

 

The real and serious threat that Bowers is referring to, however, is unfounded in the wake of the Parisian attacks considering that the perpetrators were European radicals, not moderate Syrians or Muslims. As Adams noted during his work covering the Japanese internment camps, fear of Japanese American spies would fail to become tangible. In a similar way, security concerns regarding Syrian and Muslim immigrants to the U.S. fail because of the tenuous link between extremist ideology and everyday civilians; not all Muslims or Syrian refugees are dangerous, and so to criminalize all members of one demographic is disproportionately xenophobic. Consider the writings of a theorist behind liberal democratic theory, John Locke. In Locke’s Letter Concerning Toleration, he argued that churches should have no coercive power over their members, and that there could be no true religion for a state; he wrote of the separation of legislative and executive powers, and furthermore that a government could not exist without the consent of its people to protect and govern it. Thomas Hobbes and Jean-Jacques Rousseau shared similar notions concerning the relationship between government and people, in fact.

The executive order authorizing the internment camps came at a time of inter-state war that inspired high levels of fear and national insecurity for the state of democracy; Trump’s remarks and the attempted policies of both governors and mayors represent a resurgence of fear-based political discourse based on a fear of refugees and the threats more directly faced by those abroad. There is a sense of irony in that the United States has nearly always proclaimed itself a land without religious oppression. Puritans came from England with motive to practice their religion in peace, and the first amendment of the Constitution forbids the impediment of the freedom of religion.

Although school systems teach the values of the U.S. Constitution—freedom of speech, freedom of religion, civil rights such as voting and desegregation amongst races—the impression that many may have of the active applicability of these rights may be misaligned with the desired reality of those vying for power.  The possibility arises that these protections once deemed inalienable may only be selectively extended. Of the Republican presidential candidates, Jeb Bush and Ted Cruz have recommended that the Syrian refugee program be continued, but that the program should only accept Christian refugees. While no politicians have formally recommended the internment of Muslim-American citizens or of Syrian refugees, their discrimination in terms of their immigration policies sends a concerning message to the U.S. While the United States government may not directly endanger them yet, political discourses based on fear sets a dangerous precedent for policies that may come further down the road.

Embracing a rhetoric that threatens to divide the American people from the values their country was founded on compromises the political stability of the United States as a whole, as ethnically-motivated policies may lead to political polarization, However, the danger comes from public opinion itself, which has become so divided that only 39% of Americans share a somewhat equal number of liberal and conservative positions. As it currently stands, the two-party system in the U.S. grows increasingly polarized, supported by politicians and citizens alike—the fundamental lack of civil discussion on the political spectrum itself can produce the level of instability suggested thus far. And indeed, if fears of xenophobia are once again able to fuel adaptations of the law to the demands of a few in power, democratic instability would not be a possibility, but perhaps an inevitability. The banning of refugees based on religion and ethnicity threatens the security of American citizens who practice Islam and enables U.S. citizens to incorrectly identify non-Christians as un-American. It is impossible for a nation to correctly proclaim itself a sanctuary of liberal democracy if it fails to offer equal status and liberal democratic rights to all its citizens, regardless of their identities. Banning Muslim and Syrian refugees may intend to proffer security by blocking terrorists, but its main accomplishment will be the endangerment of entire segments of the U.S. population, as radicalized fears seem legitimate in contemporary political discourse. If the United States is no longer loyal to its foundational principles as a liberal democracy, the nation may plunge itself into internal political turmoil as people clash over the future of the United States, and whom it truly serves.

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