Delivered April 28, 2008
RAY WALSER, PH.D.: It is my pleasure today to act as the
moderator and the presenter of our panel of distinguished guests.
First, we have Helen E. Krieble, the founder and President of the
Vernon K. Krieble Foundation. The Foundation's objectives are to
further democratic capitalism and to preserve and promote
a society of free, educated, healthy, and creative individuals.
Recently, the Foundation has directed its efforts at finding
workable free market solutions to balancing labor demand in the
U.S. with curbing illegal immigration.
Next, we have Jim Roberts, who is a Research Fellow for Economic
Freedom and Growth at The Heritage Foundation. He is an economist
and former diplomat, and he recently completed a study of ways to
strengthen the Mexican economy.
Marcus Brubaker is a Legislative Assistant responsible for
economic, foreign policy, and national security issues with
Congressman William T. Sali (R-ID).
Mario Loyola was a visiting fellow at the Foundation for
Defense of Democracies, has worked in the Pentagon, and published
widely. He joined the Republican Policy Committee as a
professional staff member last year.
I invite each of the panel members to make a brief statement on
ways that they envision the U.S. responding to current challenges
at the border and in the heartland. I also hope they will reflect
on ways to strengthen ties with Mexico.
Ray
Walser, Ph.D., is Senior Policy Analyst for Latin America in
the Douglas and Sarah Allison Center for Foreign Policy Studies, a
division of the Kathryn and Shelby Cullom Davis Institute for
International Studies, at The Heritage Foundation.
HELEN E. KRIEBLE: I think the presentation by Ambassador
Sarukhan that we just heard was extraordinary and did highlight the
willingness for Mexico and the United States to interface on key
issues, to develop a dialogue that presents friendliness and
mutual solutions to problems, which we feel are very, very
important in dealing with the immigration issue.[1] We have developed a
plan, the Krieble Plan, which is a non-immigrant work visa program
and relates to border security, but separates out the immigration
issue and the U.S. citizenship issue. As you all know, that is the
job of the United States federal government. Since that is a broken
system, and will take some very serious thought to heal or to fix,
it seemed easier to focus on the guest worker, border security
piece of this, which could be done through free market solutions
and private enterprise.
A Market Solution
Our suggestion is that instead of having artificial quotas on
our guest workers here, we let the market determine how many work
permits are needed. Think of it in terms of work permit travel
visas, rather than in the comprehensive picture of
citizenship, paths to citizenship, et cetera, that we have
been struggling with for so long and have not been able to reach a
solution for. So looking at that, our approach is that the market
determines the number of workers needed. It's a job-specific
program; if there is a job going begging in the United States that
a foreign worker is willing to fill, then let that
relationship be developed and let the process be taken care of
by private enterprise. Our recommendation is employment agencies
licensed by the government and supervised occasionally by the
government, masters at putting jobs and people together. As I say,
this is job-specific; if there are no jobs available in the United
States, then there would be no non-immigrant worker visas issued.
If there are jobs going begging in the United States, then they
could be filled.
So, the private sector would undertake to do this. Advantage:
American worker. Who goes to a head hunter if you can get the guy
next door to take the job? No employer would need to hire an
employment agency and pay the user fees if a local will take
the job, so the American workers will always have an advantage
under this system. But it is a mechanism that is efficient and
quick. What private employment agencies would do is to post jobs
available to any worker to look at so they can see the job
market in the United States. Once the match is made, they take the
applicant, do a picture and fingerprints, and send it to our
government criminal database to find out if the applicant has
committed a crime in the United States. If they clear that, then
there are private companies that can issue a million identification
cards in a month-a million of them that are non-copyable; you can
steal them, perhaps, but if your picture's wrong, it doesn't do you
a lot of good. And these would be swipeable in the new technology
very inexpensively by any employer, or by law enforcement. There
would never be a question of who these people are anymore.
So, that's the basis of what we propose in our program. The most
wonderful thing about this is that it is an easy solution for
workers who are already in the United States illegally. These
agencies would be positioned outside the country. They too, in one
week's vacation, could make an appointment, go to an
employment agency, run through the process, get screened for
security (to be sure they've never committed a crime), and be back
at their jobs in one week-not with a green card or with a pass to
citizenship, but knowing that they are fully legal and fully able
to participate in the American free enterprise system. If they
don't like their jobs, they can give notice, contact the employment
agency that gave them their identity cards, and say, "This is a job
I would like to take. Please send me an updated security card,"
which would then be easy as long as they still have a clean
record.
FICA Funding
So these people can now come out of the shadows and
participate productively in the American economy. It would be paid
for mostly by user fees, not tax dollars, other than the
government's cost of oversight. How about the FICA (Federal
Insurance Contributions Act) tax, 7.5 percent, that each
worker has to pay and each employer has to match? That's 15
percent of everything earned. Leave it in the states where the
worker lives to cover the costs of whatever services need to be
covered, and no other social services would be required
because they're guest workers. So this solves an endless group of
issues in a very simple, free market way, costs the federal
government nothing, removes 90 percent of the people currently
coming illegally across the border, and would allow the
federal government to then focus on border security and issues of
citizenship, which must be equal for everybody in the world
who wants to apply to come to the United States. A uniform
process-that's important, that would be phase two of what we're
talking about.
A Role for Mexico
Finally, the role that Mexico could play-not only in talking to
us about what is reasonable and helping to shape or modify what we
are discussing-would be very important if Mexican officials
would say publicly what they say privately, which is, "We want our
workers back." These are basically risk-taking younger people who
are very anxious to move upward in the economic scale, and Mexico
wants those people back. That would be an important message to
people in the United States.
What if Mexico were willing to run every applicant for a
job in the United States through their criminal database so that we
are absolutely sure that they are not exporting criminals? What if
they made it a policy to support young entrepreneurs who return to
Mexico by making it easy to get a license to start a new business?
What about simplifying the tax requirements for start-up
businesses, beginning to think about technical assistance and
advice, similar to our chambers of commerce? The Mexican
government could offer advice in helping the private sector to
develop that kind of support group so that there is a bigger ratio
of success among start-up entrepreneurs.
All of these things we feel should be in the dialogue, and
I am just extremely pleased that The Heritage Foundation has hosted
this meeting and that Mexico has expressed such an interest in
being co-stakeholders in all of these issues with the United
States.
JAMES M. ROBERTS: In an ideal world, we at Heritage would
love to see as many functions of the U.S. government privatized as
possible. We join our libertarian friends in sharing an admiration
for 100 percent free market solutions to governance problems. The
immigration problem is, in one sense, an economic and trade issue,
but I think at Heritage we are also realistic about the political
ramifications of any solution to the multi-faceted issue of
immigration. We do want the border to be secured first, and when
the Administration has taken steps to do that and it is
secure, we want to see a comprehensive reform of the immigration
laws of the United States.
We would certainly like to see as many elements as possible of
Helen Krieble's plan for a Temporary Worker Program incorporated in
that reform legislation; we would hope that they would be. It
is not likely, however, that the U.S. and Mexican governments
are going to cede a tremendous amount of their authority to the
private sector; many bureaucrats would have rice bowls at
stake, if you will. But the Krieble plan is certainly an admirable
ideal to put on the table.
Sovereignty and Border Security
Although Ambassador Sarukhan's comments with regard to the issue
of the security of the border vis-à-vis illegal immigration
were perhaps correct in theory, in practice and in fact Americans
are as sensitive as Mexicans about our sovereignty and our
border, and we'll get to the issue of Mexican sensitivities
about their sovereignty in a minute. I think the American people
want to see the border secure, and they see that, along with the
tremendous amount of very disturbing violence and crime and drug
trafficking going on there, the issue of maybe 500,000 Mexicans and
others crossing that border illegally every year is certainly the
most obvious sign that the border is out of control, and it makes
Americans feel unsafe. In fact, it is an example of why we
need to fix the border and secure it first.
Ambassador Sarukhan also noted extensively the progress that
President Felipe Calderón has made on fighting narcotics
trafficking and related criminal activity problems along the
border, but I wanted to focus a little on other issues that we hope
President Calderón will address, and in fact he is already
addressing. We wish him well and we'd like to support him. If
Mexican government officials made reforms to their own economy,
they could solve part of this immigration problem by growing
hundreds of thousands of new jobs in Mexico. We would like to
encourage that, and I just wanted to spend a couple minutes
laying out some of those areas.
Mexican Monopolies
Mexico is still dominated by public- and private-sector
monopolies and duopolies, and they dominate huge swaths of the
Mexican economy, especially in energy, telecommunications,
construction, food production, broadcasting, financial services,
and transportation. They have long been a drag on Mexican economy.
Notwithstanding Mexico's membership in NAFTA (the North
American Free Trade Agreement), the roping off of these huge
sectors of the Mexican economy in order to benefit politically
powerful rent-seekers, if you will, has had the same practical
effect as would the erection of protectionist trade barriers. It is
a form of a mercantilist export model where, in this case, the
exports are Mexican workers. The remittances these workers send
home help the Mexican economy-last year, $24 billion in
remittances.
Pemex and the CFE (the Federal Electricity Commission) are both
state-owned. Neither one has been disciplined by competition for
probably the last 70 years. Private or "virtual monopolies"- not
monopolies in law but in practice-exist everywhere in Mexico.
Telmex, Televisa, Cemex, a number of bread and tortilla
manufacturers, the banking sector-these are all areas where only
tepid competition is faced at home, thanks to cozy
relationships with the government of Mexico.
Creating Jobs in Mexico
Helen Krieble noted the need for the Mexican government to
reform many of its laws, and I would certainly agree. Price,
supply, service, and quality are suffering in Mexico as a result of
the monopolies' stranglehold on the Mexican economy. There are
other statist, corporatist laws, systems and procedures in
place-price supports, subsidies, and special-interest tax
exemptions-that give an unfair advantage to wealthy and
well-connected businesspeople, restrict competition, and
obstruct economic growth. We hope that President Calderón
will lead the fight to make significant reforms in this area. We
know that he has already begun this fight, and we know he's up
against strong odds, but we hope he will persevere and stay the
course.
The largest unions in Mexico have had a grip on the Mexican
economy in some cases-and in the Pemex union case-since the 1930s.
They have immense leverage; they have closed shop
prerogatives; they operate without transparency. And even
though the overall percentage of unionized members in Mexico
is declining, these powerful unions still have a disproportionate
influence in the Mexican economy, and that has resulted,
basically, in 40 percent of Mexican workers now being in the
informal economy because of the rigidity of the labor laws
that the unions fight to keep unchanged.
President Vicente Fox, Calderón's predecessor, promised
to preside over the creation of six million jobs between 2000 and
2006 in Mexico. Unfortunately (in the absence of needed
reforms), only 1.4 million jobs were created in that time. The
roughly five million people for whom no jobs were created basically
went to the U.S.-between 400,000 and 700,000 illegal immigrants
per year. So reforming the economy could have very
significant practical effects both for Mexico and for the United
States. Mexico didn't do as well, really, as it should have in the
2008 Index of Economic Freedom that we publish here at
Heritage with The Wall Street Journal. Mexico's economy
scored a 66 out of a possible 100, making it the 44th freest
country in the world, but it was ranked only 9th out of the 29
Western Hemisphere countries, well behind the United States,
Canada, and Chile. It is even behind El Salvador.
These areas that I've mentioned would, if addressed, help Mexico
to improve that score and thereby improve per capita income and job
creation in Mexico. As it is, the "supply push" of unemployed
Mexican workers to the U.S. has been matched by a "demand magnet"
from U.S. employers who are attracted to these Mexican
workers. They work hard and in many unskilled jobs that don't pay
as well as other jobs in the U.S. That is not to say that if the
illegal immigrants were not here the jobs would go unfilled.
However, employers would have to offer more money and then it
is likely that there would be Americans who would line up to take
them. But as it is, the demand magnet for Mexican workers has
been intensified artificially by the fact that this labor is
not fully "costed." It does not include the costs and taxes that I
discussed earlier. Right now the wages of illegal workers
do not reflect payment of the taxes that would need to be paid by
both the employer and the employee to relieve the burden placed on
U.S. taxpayers by the increased cost of schooling, health
care, law enforcement, et cetera, due to the presence of the
illegal workers.
Pemex and Telmex
Just a couple minutes on Pemex. As I said, it has had complete
control upstream and downstream of Mexican oil productions,
refining and retailing since the time of President Lázaro
Cárdenas in the 1930s. At that time, Mexicans were
exceptionally sensitive to their sovereignty and to foreign control
over what they saw as their greatest national patrimony, the
oil reserves, which had been developed by U.S., Dutch, and British
companies in the 1920s. So the oil sector was nationalized, but
without a lot of thought as to what the long-term effects of that
would be. The Partido Revolucionario Institucional (PRI) party that
was the party in power for 70 years benefited. During those 70
years the PRI created in Mexico what some pundits at time called
"the Soviet Union of the Western Hemisphere."
The PRI, with very strong links with the Pemex union and the
other large unions, such as the electricity union, benefited
then and continues to benefit now from this kind of lockout on
private participation in these sectors of the economy.
Unfortunately, Pemex is running up against the end of easy oil.
President Calderón and many other Mexicans know that Pemex
needs help now and must permit some private participation so they
can develop deep underwater oil resources in the Gulf of Mexico and
elsewhere. Pemex needs imported high technology and more cash.
Pemex is going to have to eventually bite the bullet and accept
some private participation.
What we hope here, of course, is that the Mexican
government does not decide to do joint ventures with
state-owned oil companies from authoritarian capitalist or just
downright authoritarian countries: China, Russia, Iran,
Venezuela. In some ways, the situation with the oil sector in
Mexico is similar to what we're looking at today in
Venezuela, and we hope that the Mexican government will turn
around and go in the opposite direction to the path Venezuela has
chosen. If Pemex did have joint ventures with authoritarian
capitalist companies, of course, that would be bad for our
companies and for us, I think.
Another area I mentioned is Telmex. Carlos Slim and his company
own more than 90 percent of fixed telephone lines in Mexico and 77
percent of wireless. They dominate the industry, and they
wield an overly significant amount of influence on regulatory
agencies and government decision makers. Their lawyers come up with
an endless stream of legislation, amparos in Spanish,
to fend off and weaken regulatory orders. The OECD has said that
telephone costs in Mexico are among the highest in all OECD
member countries, so clearly Mexican citizens would be well
served and hundreds of thousands of jobs could be created if
that sector were really opened up.
As Professor Grayson of William and Mary, a longtime expert on
Mexico, has said, Slim and other fat cats in Mexico are impeding
the country's growth because of these monopolies, duopolies, and
oligopolies. They have perpetuated an inefficient Mexican
economy that is losing its competitive standing vis-à-vis
other countries, and especially vis-à-vis Asia. Certainly
President Calderón, Ambassador Sarukhan, and many others in
Mexico know that. If the Mexican government allowed for private
participation, toll roads, et cetera, privatizing some of
these utilities, that would benefit everyone.
We hope that the Mexican government will make the painful, but
necessary reforms, and that they will take strong steps to
implement these reforms during the five years remaining in
President Calderón's term of office. We also hope that the
center-left PRI and the further-left PRD (Party of the Democratic
Revolution) in the Mexican Congress will see the light and will
work to open up some of these sectors. We hope they will realize
that they can do so without giving up control over Mexico's
sovereignty or the ownership of the assets. These reforms will
reduce the supply push. As I said, we hope that the demand magnet
is also reduced by the passage of appropriate legislation by
the U.S. Congress.
We hope that President Calderón will be the Teddy
Roosevelt of Mexico, if you will. Teddy Roosevelt faced similar
powerful oil and steel magnates and others in the early 20th
century and stood up to them. The Heritage Foundation is not in the
habit of urging additional regulation of the U.S. economy very
often, but in this case we do think that prudence dictates
that the Mexican government take a stronger role to break up these
monopolies.
[Ed. note: The Heritage Foundation has previously laid out
various principles that ought to shape a temporary worker program.
It should diminish the incentives for illegal immigration by
providing an additional option for legal temporary labor. It should
create a dynamic and revolving workforce that will serve a growing
economy. It should also serve our national security and be
moderated by serious concerns, not only about the failures of such
programs in our past and in other countries but also regarding how
a new program would likely be implemented and operate in practice.
A temporary worker program must be truly temporary and not
open-ended in terms of numbers or duration, and it must address
real practical concerns about costs and legal status. A
well-structured temporary worker program would be a valuable
component of our immigration policy, but an ill-defined and poorly
constructed temporary worker program would make the current
problems even worse.]
MARCUS BRUBAKER: I'd like to think I can bring a healthy
dose of common sense from the American heartland to the immigration
debate. To be sure, immigration is an extraordinarily complex issue
because it is inherently tied to our economy and our federal and
state budgets-and therefore taxes, national security, and our
rights and liberties as U.S. citizens. Therefore, there is no easy
fix to this problem. A real solution must take into account these
various factors to be truly effective.
Most immigration plans rightfully address increasing our
Border Patrol and ICE (Immigration and Customs Enforcement) agents
and declare that operational control of the U.S. borders must be a
priority. This is true. However, we still require creative,
outside-the-box solutions to solve our immigration challenges,
and many of these are inspired by the free market. Congressman Sali
and I agree that Americans are expecting real solutions from
Congress. The wrong legislation or the wrong incremental
approach not only risks failing to solve our immigration problems
but also lays the groundwork for another round of amnesty, as
we saw in 1986-although we know this time the stakes are much
higher. For many Americans, this is outrageous and
unacceptable.
Overlooked throughout the immigration debate is any meaningful
reform of the legal immigration process. As Mark Steyn observed,
"America has an illegal immigration problem in part because it has
a legal immigration problem…. Anyone who enters the system
exposes himself to an arbitrary, capricious, whimsical
bureaucracy."[2] During the debate over the last Senate
bill, we talked about amnesty. Regardless of your definition of
amnesty, if you're for or against amnesty, in regard to the 12 to
20 million (or however many) illegal aliens are in this
country, the fact is that the agencies cannot cope with these
numbers. We cannot process them; we cannot adjudicate the
cases.
Some Americans like to throw out the "line" metaphor: We
want people to get back in line, or to get in line. I'd like to see
this metaphor dropped, because anyone familiar with the immigration
process knows there really isn't a line. Instead, you file
your paperwork, you get an I-797C Notice of Action, and-if you're
familiar with the immigration process and many of these visa
categories- you'll know that the person next to you who filed a
month before may get their adjudication before or after you. There
is no line. U.S. Citizenship and Immigration Services (USCIS)
adjudicators are often mobilized for different priorities. Clearly,
the situation is a mess.
The Ombudsman's Report. I'd like to just quote a little
bit from the USCIS Ombudsman's Report, which I encourage everyone
to look at. This is the 2007 report; it's 140 pages long. That
alone should tell you something. He writes: "One of the most
serious problems facing individuals and employers is the complexity
of the immigration process. While the Immigration and Nationality
Act is a principal statute governing immigration to the United
States, there are myriad other laws, regulations, policies, and
procedures that affect whether and in what manner a foreign
national may enter the United States, seek temporary status, a
green card, or U.S. citizenship."[3]
Many of the pervasive and serious problems detailed in this
report are interconnected and stem from the complexity and opaque
nature of the immigration rules and the agency administering them.
I'm not going to read the 140-page report, but I would like to just
touch on some of highlights, which some of you already know.
Pervasive Problems. Backlogs and pending cases:
Prospective immigrants continue to face lengthy and costly waiting
periods for even the most straightforward cases. Customer service:
I like how they call them "customers," prospective applicants.
No caseworkers are assigned, in many cases, to prospective
applicants; form letters are instead sent in the mail; the
inconsistency, and often rudeness, of calling in to the 800
number of the customer service line.
Inefficient or redundant processes: Some applicants have to
submit biometric information multiple times, including
fingerprints. It's my understanding that the nature of a
fingerprint is that it's meant to be permanent and on record. So
why the unnecessary resubmissions? Why not offer fast-track
services for some visas, as we've seen in other countries? Why
can't, for example, K-3 visa holders be granted immediate work
authorization versus having to go through the process on getting
the EAD (Employment Authorization Documents) when they're in
the country?
Agency Solutions
Moving on to just some possible general solutions to these
legal immigration nightmares: It is considered to be an upfront
processing model, as encouraged by the CIS Ombudsman. Because
immigration is of interest to numerous federal agencies,
including the Department of Homeland Security (DHS), the FBI,
the Department of Labor, and others, it makes sense to follow the
USCIS Ombudsman's proposal on implementing a more front-end model
that solicits all the required information that any of these
agencies may want in advance-or anything that could be considered
of value in the future.
Next, consider moving away from our linear approach to a more
hub-based model. Again, considering the numerous agencies
involved in processing some visas, for example, the H2B visa.
We know H2A is getting some reform. We'll see what happens, but
let's look at H2B. Processing times are longer than they need to be
because a prospective immigrant's visa is passed from one agency to
another. In the case of the H2B, the dossier goes to the Department
of Labor, then to CIS, then to the Department of State. So, this is
just another example of how many stovepipe agencies must be
involved in this process.
Creative Solutions
Next, consider creative solutions for reducing the bottlenecks.
We understand that consular officers overseas provide a very
important service in filtering out would-be terrorists, drug cartel
operatives, or those that would do harm to the U.S., but the State
Department has informed Congressman Sali and me that there are
a number of creative ways that they can tackle the numbers game
abroad. For example, one creative solution for these interviews, to
speed up the process, is to consider doing remote interviewing at
designated secure facilities. Just another out-of-the-box way of
looking at the solution.
Also, we are informed by the FBI that as high as 70 percent of
prospective immigrants can be approved, based on the impressive
database of FBI records and the collection of biometric information
we have on file already. That's a huge number of people as
prospective applicants who can be put on a fast track using a "work
smarter, not harder" assessment model.
Finally, what about the illegal immigrants already within the
United States? Congressman Sali is on record as being opposed to
amnesty, and by that, he says that people should enter the U.S.
legally and remain in the U.S. legally. Throughout the
immigration debate, surely these issues are getting muddled
and many people are coming around to the idea that deporting
everyone is not a realistic or practical solution. The most
conservative estimate I have seen shows that it would cost around
$200 billion to round up all the illegals and deport them. If we
spend that kind of money, there won't be money to build a fence on
our border.
Finally, we must capture human motivation as a means of
encouraging self-deportation and legal entry. Encouraging this
through a combined interior enforcement effort and a workable legal
immigration process is important. Shift the incentive, the
human incentive, to become legal. This does not mean adjusting
status in the U.S.A. by waving a magic wand and redefining the
status of those already here illegally to become legal through
legislative fiat.
The Superior Policy
I'd like to just touch on interior enforcement. The superior
policy understands that we will not deport or see an exit of every
illegal in this country. Instead, it can be argued that the
superior immigration policy, the best-not the perfect, but the
best- policy must view this challenge as a numbers game that
results in the highest reduction of illegal presence possible
while not instituting draconian, expensive, and ineffective
regulations that waste taxpayer money.
One smart way of addressing this is just to remove the barriers
and restrictions that prevent the Social Security Administration
(SSA) from working with the Department of Homeland Security. I'm
not suggesting any privacy invasions, but there is a "work smarter,
not harder" solution to this. You can require that SSA send DHS
anonymized data that would show the largest concentrations of
no-matches between the names and Social Security numbers.
Individual information need not be applied, but a Social Security
number that's used a few hundred times in a certain area is
certainly a red flag and could be a useful tool in having SSA and
DHS coordinate their enforcement efforts.
In conclusion, while the U.S. immigration system needs to
be overhauled, to be sure, a few commonsense changes can be
made and implemented using out-of-the-box thinking, many of them
seizing upon the principles of a free market. Some changes are
direly needed beyond the common border security measures,
especially by making fixes to the broken legal immigration
system.
MARIO LOYOLA: I look at the Mérida
Initiative, and where a lot of people might see a sort of next
generation counter-narcotics effort, I recognize immediately, as
anyone from Policy at the Pentagon would, a very straightforward
application of the security cooperation paradigm that we developed
after 9/11. If you read the National Security Strategy, the
National Defense Strategy, you'll see right away many elements of
the Mérida Initiative are represented in conceptual
outlines in the doctrines that the Pentagon developed after 9/11.
And it's important to go back to the questions we faced in
9/11 to understand the real value of something like the
Mérida Initiative and the direction that it's hopefully
heading in.
Partnership Capacity Building
After 9/11, one of the very basic questions we had to confront
is how to fight an enemy that is present in 60, 70 countries with
whom we are not at war, many of whom are friends of ours,
recognizing that we won't be able to fight it alone, that it won't
be a matter principally of military means or even mostly of
military means.
The answer that we came up with-to put it in a catchphrase
that's been used since then-is partnership capacity building.
Partnership capacity building goes to two basic things. We
look at the front line in the states where we are facing the threat
of transnational terrorist networks, and we realize that the
problem in these states is a lack of basic institutional
capacity across the board-not just military or even law
enforcement, but traditional rule of law, basic services, water,
roads, really basic things.
So the security cooperation paradigm that emerges has to be a
very full-spectrum kind of thing where we try to achieve a common
understanding with partners around the world of what the nature of
the enemy is and how we can help them build their institutional
capacity, ultimately with the objective of depriving the terrorist
networks of what they need to operate, and winning the support of
the population and the allegiance of the local population
against the terrorist networks that otherwise thrive in an
atmosphere where the populations are ambivalent in their
loyalty to the central government.
The other component of partnership capacity building that is
critical arises from the realization that this is a transnational
enemy, and we have to fight it in a transnational way. We have
institutions in our country that do law enforcement intelligence,
and our partners around the world have similar institutions. The
important thing is to create connectivity between those
institutions so that just as these transnational networks move more
or less freely across borders, our efforts to counter them can do
the same thing.
Initially, the U.S. national security establishment concentrated
on the terrorist network threat arising in the Muslim world for
obvious reasons. But from the very beginning, we weren't just
concentrated on Afghanistan and focused on Iraq; we were doing
security cooperation in the Philippines, Indonesia, Pakistan,
Yemen, Africa-many, many countries around the world-to make no
mention of the behind-the-scenes cooperation. Our French allies,
for example, were much more helpful behind the scenes than they
appeared to be in public at times.
It took us awhile to realize-perhaps too long- that the same
enablers, for example, communications in an open and free
society, that contributed to making small terrorist cells of 20 and
30 years ago very effective and dangerous terror networks, were
also enabling narcotics trafficking and criminal conspiracies
to merge into increasingly effective transnational networks in
the Western Hemisphere. So it makes sense that our approach would
be in keeping with the approach that we took in the fight
against terrorism and terrorist networks of global reach in the
years after 9/11.
Confronting Transnational
Terrorism
The situation in Latin America, in Central America, and in
Mexico is a lot more serious and a lot more dangerous, I think,
than many people realize. If you look at it purely from the point
of view of terrorist networks that are increasingly capable in
the challenge that they pose to the state, you see something
like the raging gun battles over the weekend in Tijuana. That's
only the tip of the iceberg of what's happening in Tijuana. In
Tijuana, you've had police chiefs and local government officials
fearful for their lives, murdered, shot at on a fairly regular
basis for a couple of years now because they're trying to stand up
to these terrorist networks.
When the challenge becomes sufficiently grave that the people
who control the security forces are afraid to confront the gangs,
it's not just the ungoverned space paradigm that you have to
deal with (in which the network has free rein of the municipality),
but they also start to absorb the cooperation of corrupt
elements of the security forces. That can even start to happen at
the national level. And that is very dangerous, because what we've
seen in Mexico and Central America is the increased militarization
of these gangs. Before, anybody who remembers the days of the TV
show Miami Vice and so forth, they always had hit men-the
Jamaicans, I remember, in the popular culture, and Colombians were
an innovation over the typical drug-dealing hit men because
they used automatic weapons instead of pistols.
What we're facing today, what the Mexican government is
facing, what the governments of Central America are facing is a
whole other order of threat. We have not only the weapons
array-antitank weapons, very, very powerful weapons-but also
ex-paramilitary who know how to use those weapons and know how
to use them in an organized way, who know how to use communications
equipment to carry out sophisticated tactical operations. Add to
that, lurking in the background-and I know that the Mexican
government won't talk about this openly-people are increasingly
worried about the support that these networks are gaining from
countries like Ecuador, Nicaragua, Venezuela, where, even
assuming for the sake of argument that the top leadership hasn't
made a conscious strategic decision to support narcotics
traffic, you still have a problem. I'm sure that President Correa
in Ecuador would be very surprised, even if he's sympathetic to the
FARC (Revolutionary Armed Forces of Colombia), to find out how
much his government is already helping the FARC at lower
levels.
This is a very serious prospect because if the situation is
worsening, even if the government of Mexico has obviously over the
past year shown itself very committed to the fight against these
networks and has made great strides against them, it's hit
them hard. Mexico has extradited, like the Ambassador said, 81
people just in the last year. Still, if the enablers are all in
favor of the terrorist networks and they're getting increasingly
sophisticated support from sections of the governments of
Venezuela or Ecuador or Nicaragua, the situation is going to get
worse.
Lurking in the background of all this is the fact that Iranian
intelligence now operates freely in Venezuela. And where Iranian
intelligence lurks, Hezbollah is not far behind. We already know,
and we've known for a long time, that Hezbollah is engaged in
gun-running in the region of Paraguay and that part of South
America. I traveled to Lebanon last year and I saw with my own
eyes the Hezbollah flags flying right next to these stupid flags of
Che Guevara. However little sense that may make to you, it shows
the rule in the Middle East-which the CIA took a long time to
learn-which is that ideology is not nearly as impressive to
Islamist terrorists as are enemies in common.
The Mérida Initiative in
Congress
With all that said, one would think that the Mérida
Initiative would be a no-brainer in Congress. Unfortunately,
it's going to be uphill in the supplemental. The only reason why
we're considering it now in the supplemental for FY 2008 is
that it didn't pass in December of 2007 as part of the initial
emergency three- or four-month supplemental. I have to point out,
if it's any indication of how many people in Congress think about
diplomacy and giving diplomacy a chance, that Congress blocked
funding for Mexico for the Mérida Initiative. However,
in the supplemental that passed in FY 2007, they gave our dear
friends in North Korea $106 million for heavy fuel oil. What that
tells you about congressional priorities, you're welcome to draw
your own conclusions.
For supporters of the Mérida Initiative, the
legislation represents-and I think the President has indicated
that this is his thinking also-a recognition that Mexico
obviously has a lot more resources and a lot more money to spend
than the countries of Central America. It's an oil producer and so
forth. So it's not a normal case of foreign assistance, as the
Ambassador said, but we have to recognize that part of Mexico's
problem is that these weapons are not coming from Iran, they're
coming from the United States, in large measure. The demand that
creates the production, supply, and transit through their territory
of all of these drugs is also from the United States. For
supporters of the Mérida Initiative, it seems a matter of
assuming our basic responsibilities as a nation to contribute
to the solution in whatever way seems reasonable.
The danger is going to be as we move forward, I suspect. I think
this is the feeling of different people in Congress, the
danger is going to be that the hardware-the helicopters, the gamma
ray scanners, things like that that are geared more toward military
applications, for example-are attractive targets for people on the
other side of the aisle who are going to want to modify this in
accordance with their own priorities. They're going to want to
shift resources, probably to more "catchy" kinds of human rights
things. It's important to understand that we already have many
existing programs meant to encourage the further development of
human rights throughout the Western Hemisphere, including in
Mexico.
Security Cooperation Relationships
This is an important piece of a security cooperation
relationship and of implementing our basic national security
strategy, and it has to be viewed in that way. As the Ambassador
pointed out, only 40 percent of the monies under the Mérida
Initiative are destined for the military. Sixty percent of them are
already going to rule of law, to institutional capacity building,
and to things that ultimately have to focus on human rights. Nobody
has a monopoly on human rights advocacy in the Congress. When the
Congress was considering the $106 million for North Korea, it was
almost exclusively conservatives who were pushing for a
consideration of the human rights issue. We see that around the
world.
Even in terms of national security strategy, the human rights
issue is critical because, as I said, the focus of the fight
against terrorism ultimately is to deny these networks, whether
they be narcotic traffickers in Central America or terrorist
networks in the Islamic world, what they need to survive in the
long run. And what they need to survive in the long run is popular
support. If you have the population that's just as afraid of the
security forces as they are of the criminals, that's precisely what
the criminals want to achieve. That's what guarantees their ability
to continue to operate and survive, and so that's something
obviously that we have to make a big part of the fight.
I'll just wrap up by saying the Mérida Initiative is a
long overdue baby step in the direction of what hopefully will be a
full-spectrum security partnership to fight common enemies.
It's a very encouraging sign that the Mexican government and
the U.S. government have come up with such a sophisticated
understanding of what the enemy is and the ways in which we can
work together to combat it.
[2]
Mark Steyn, "Undocumented Americans," The New York Sun, June
11, 2007.