Cuban Transnational Economic Activity and Human Rights: Complementarity or Conflict?

The Association for the Study of the Cuban Economy (ASCE) will beholding its 20th annual meeting this coming July 28-Aug. 1, 2010 in Miami, Florida. As usual, the program is varied and informative, combining representatives from a broader spectrum of opinion than is common in meetings associated with the study of Cuba. "The main theme for the meeting will be “Cuba at the Crossroads in the 21st Century" focusing on Cuba's existing economic and social conditions, recent Cuban policies to address the impact of the world economic and financial crises, Cuban policy shortcomings, and needed structural reforms. " ASCE XXth Annual Meeting. 

For that conference I will be presenting a short and preliminary study of some of the collateral effects of Cuba's recent efforts to theorize and implement a new form of transnational trade, one founded on socialist principles.  For that purpose Cuba has challenged the dominant form of global trade--based on a privileging on free movements of capital and restricted movements of labor,and centered on private market activity with a residuary regulatory role for states.   In its place Cuba would see substituted a system of trade grounded in the role of the state as both regulator (internal) and market participant (external) with a residuary role reserved for private enterprises.  In place of a system that privileges the unimpeded flow of capital, Cuba would see  flows of both capital and labor, directed by states, to maximize the welfare of national populations through bilateral and multilateral trade and commercial transactions effected among like minded states. Cuba has begun to implement this model among its partners in ALBA, the Alternativa Bolivariana Para los Pueblos de Nuestra América.  A number of projects established under this framework involve barter transactions.  In the case of the Misión Barrios Adentro, focused on the provision of medical services, Cuba agreed to supply medical personnel (and other serviced and products) to Venezuela in return for discounted prices on Venezuelan petroleum.  This transformative system of trade, however, may raise issues of compliance with global human rights norms conventionally understood. In the case of the MBA program, the issue involves the characterization of the labor barter transactions as voluntary in character or as forced labor, compelled by the state to further its trade and political objectives.  It also suggests that as Cuba emerges as a more active player in global trade and commercial markets, it may be exposed generally to liability on these grounds, and subject its trade partners to liability as well on theories of complicity.    The preliminary conference paper can be accessed here: Cuba's Grannacional Projects at the Intersection of Business and Human Rights.   

Utah identifies 2 allegedly behind immigrant list

AP – Gov. Gary R. Herbert and Kristen Cox, Executive Director of the Utah Department of Workforce Services, …
Play Video Immigration Video:New Video of Illegals Along Arizona Border FOX News Play Video Immigration Video:List Outs Illegal Immigrants in Utah ABC News Play Video Immigration Video:Arizona sheriffs weigh in on Senate Bill 1070 lawsuits KTVK 3TV Phoenix By BROCK VERGAKIS, Associated Press Writer Brock Vergakis, Associated Press Writer – 2 hrs 38 mins ago
SALT LAKE CITY – Utah officials said Friday they have identified at least two state workers who apparently accessed confidential documents to create a list of 1,300 purported illegal immigrants that was mailed to law enforcement officials and the news media.

Gov. Gary Herbert said the employees work for the Department of Workforce Services, which administers food stamp programs and other public benefits. The employees have been placed on administrative leave, and the state attorney general will determine whether to file criminal charges.

"It's a very small group. The people we've identified certainly have some strong political opinions and seem to be frustrated with some of the issues around immigration," said Kristen Cox, executive director for the department. "I think it's an immense hypocrisy to talk about taking people to task for being illegal and doing so by breaking the law."

Newspapers started receiving the list of names and personal information this week, and its publicity created widespread fear in the Hispanic community. The anonymous mailing said it also was sent to immigration officials. It demanded that those on the list be deported, although some named have said they are in the country legally.

"This tactic by these rogue employees to go out and to single out individuals and their families, in some case falsely accusing people of an illegal status, is in fact deplorable," Herbert said.

A U.S. Immigration and Customs Enforcement spokeswoman acknowledged that it received the list but declined to say whether the agency is doing anything with it.

ICE won't confirm whether it has been investigating anyone unless there is some type of action such as an arrest, spokeswoman Virginia Kice said. She noted that with limited resources, the agency prioritizes its efforts on dangerous convicted criminals, not sweeps or raids that would target undocumented immigrants indiscriminately.

Cox said there may be a few more people implicated in the leak of the names, but she's confident that the core group that is responsible has been identified.

Intentionally releasing a private record in Utah is a misdemeanor punishable by up to six months in jail and a $1,000 fine. If someone stole such a record, it could be prosecuted as a felony with a penalty punishable by up to five years in prison and a $5,000 fine.

"We will begin an immediate, aggressive, formal investigation," Utah Attorney General Mark Shurtleff promised Friday on a conference call with national and local Hispanic leaders.

Herbert said accessing the private information and distributing it to federal immigration authorities is also a violation of federal law. Shurtleff said he would seek the help of the U.S. attorney's office.

"We're talking serious, felony-level crimes," Shurtleff said.

Hispanic advocates applauded how quickly the state acted to find the source of the leak and to assure the community that state policy doesn't allow for just anyone to access private information.

"The governor took the first step today to bring that trust back again," said Tony Yapias, former director of the Office of Hispanic Affairs.

Cox said most of the people are on the list because their children are receiving benefits. Herbert said there are two benefits administered by the state — food stamps and prenatal care — that would provide information that could indicate someone is in the country illegally.

The list that was mailed contains Social Security numbers, birth dates, workplaces, addresses and phone numbers. Names of children are included, along with due dates of pregnant women.

Officials continued investigating Friday even though state employees usually have the day off as part of the state's four-day workweek to cut energy costs.

Herbert, a Republican, is preparing to host a public summit on immigration Tuesday. The governor has said he will sign an immigration bill into law next year if he's still in office, but it's unclear how closely that bill might mirror one lawmakers recently passed in Arizona.

Arizona's law, which takes effect July 29, directs police enforcing other laws to determine a suspect's immigration status if there is reason to believe the person is in the U.S. illegally. The Obama administration has sued Arizona to throw out the law and keep other states from copying it.

First SB1070 Hearing: Salgado v. Brewer Live Coverage

Reporter Corey Rangel is covering the first hearing in the SB 1070 case, Salgado v. Brewer, live for abc15.com on twitter: ( http://twitter.com/coreyrangel ).

Brief for 9 states backs Arizona immigration law

Several states have argued that they have the authority to enforce immigration laws and protect their borders, Michigan Attorney General Mike Cox said Wednesday in a legal brief on behalf of nine states supporting Arizona's immigration law.

Cox, one of five Republicans running for Michigan governor, said Michigan is the lead state backing Arizona in federal court and is joined by Alabama, Florida, Nebraska, Pennsylvania, South Carolina, South Dakota, Texas and Virginia, as well as the Northern Mariana Islands.

The Arizona law, set to take effect July 29, directs officers to question people about their immigration status during the enforcement of other laws such as traffic stops and if there's a reasonable suspicion they're in the U.S. illegally.

President Barack Obama's administration recently filed suit in federal court to block it, arguing immigration is a federal issue. The law's backers say Congress isn't doing anything meaningful about illegal immigration, so it's the state's duty to step up.

"Arizona, Michigan and every other state have the authority to enforce immigration laws, and it is appalling to see President Obama use taxpayer dollars to stop a state's efforts to protect its own borders," Cox said in a statement.

Arizona's Republican Gov. Jan Brewer, in a statement released by Cox's office, said she was thankful for the support.

In a telephone interview, Cox said the nine states supporting Arizona represents "a lot of states," considering it was only Monday that he asked other state attorneys general to join him. The brief was filed in U.S. District Court in Arizona on the same day as the deadline for such filings.

"By lawsuit, rather than by legislation, the federal government seeks to negate this preexisting power of the states to verify a person's immigration status and similarly seeks to reject the assistance that the states can lawfully provide to the Federal government," the brief states.

The brief doesn't represent the first time Cox has clashed with the Obama administration. Earlier this year, he joined with more than a dozen other attorneys general to file a lawsuit challenging the constitutionality of federal health care changes signed into law by the Democratic president.

Like with his stance on health care, the immigration brief again puts Cox at odds with Democratic Michigan Gov. Jennifer Granholm. Granholm, who can't seek re-election because of term limits, disagrees with the Arizona law, her press secretary Liz Boyd said. The Michigan primary is less than three weeks away on Aug. 3.

"It's a patently political ploy in his quest for the Republican nomination for governor," Boyd said.

By DAVID RUNK, Associated Press Writer David Runk, Associated Press Writer – Thu Jul 15, 3:50 am ET

Despite these arguments, as I, other legal experts, and now the justice department have argued, these states are simply wrong. Arizona's SB 1070 interferes rather than assists federal immigration policy. As a result, it is preempted and thus unconstitutional under the U.S. Constitution's Supremacy Clause. If the high court follows the law rather than politics, it will agree with my assessment.

Disgusting: Anti-Latino Hit List

Multiple media outlets reported today that an anonymous group purportedly from Utah sent out a list of 1,300 persons whom they claim are undocumented migrants.

This list targeted mostly persons with “Hispanic” names. As has often occurred in anti-latina/o so-called anti-immigrant bashing, children and expectant mothers have been the particular targets of this disgusting piece of hate. Here we have a highly personalized illustration of the anti-latina/o nature of the “immigration” discourse that is currently spreading like a virus through our country.

United Press International reported: “The list of people accused of being in the United States illegally included addresses, birth dates, phone numbers and -- in 31 cases -- social security numbers, the [Salt Lake] Tribune said. The list also included the names and dates of birth of 201 children.” (http://www.upi.com/Top_News/US/2010/07/14/Utah-investigates-illegal-immigrant-list/UPI-15961279087383/).

MSNBC reported that: "My phone has been ringing nonstop since this morning with people finding out they're on the list," said Tony Yapias, former director of the Utah Office of Hispanic Affairs. "They're feeling terrorized. They're very scared." (http://www.msnbc.msn.com/id/38234429/ns/us_news-immigration_a_nation_divided/).

I have several predictions. First, most of the people on this list –particularly the children-- will turn out to be citizens and documented residents of the United States. Second, many of them will be harassed, probably by the same vermin that put together this list, and I hope that the proper authorities will immediately mobilize to ensure the personal safety of those so targeted. Third, should a few undocumented immigrants be found on this list, they will be held up as examples of the righteousness of this bit of anti-latina/o guerrilla warfare, and the “collateral damage” of the gross invasion of privacy at the very least, and worse harassment of citizens and legal residents will be dismissed, because it could not happen to those who promote this sort of thing.

The news reports indicate that Utah authorities are laboring to find out how this list was distributed and by whom. I hope that they do so quickly and before anyone comes to harm.

Another question is the possible misuse of state confidential databases to produce this list. The Salt Lake Tribune reported today that Utah’s governor has ordered a review to find out whether this is the case. “If [the investigation] reveals any kind of evidence of wrongdoing or release of private information we will turn it over to the Attorney General’s Office,” said Angie Welling, [Gov. Gary] Herbert’s spokeswoman. (http://www.sltrib.com/sltrib/home/49922073-76/list-dates-information-state.html.csp).

We must be vigilant in these situations and hold these state officials to their promise to protect the civil and human rights of all.

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Additional References:

On the evil effect of racial profiling resulting from purported “immigration enforcement” see Violation of Latino Civil Rights Resulting from Ins and Local Police's Use of Race, Culture and Class Profiling: The Case of the Chandler Roundup in Arizona [article], Cleveland State Law Review, Vol. 52, Issues 1 & 2 (2004-2005), pp. 75-96, by Romero, Mary; Serag, Marwah.

On the targeting of women and children in these individual vendettas, see Go after the Women: Mothers against Illegal Aliens' Campaign against Mexican Immigrant Women and Their Children [notes], Indiana Law Journal, Vol. 83, Issue 4 (Fall 2008), pp. 1355-1390 by Romero, Mary.

More on the Puerto Rican Birth Certificates

I previously blogged about the law which would invalidate all the Puerto Rican birth certificates as of July 1, 2010 (see Ay Bendito in Puerto Rico posted March 2, 2010). If you recall, the rationale of the Puerto Rican legislature was to curb identity theft. However, the magnitude of the effort to have the over 8 million Puerto Ricans in the island and the U.S. obtain new birth certificates has dawned on the Puerto Rico legislature. So now, the legislature has amended the law extending the validity of the pre-July 1, 2010 birth certificates issued. The extension is until September 30, 2010. For more information about about how to obtain a birth certificate see http://www.pr.gov/CitizenPortal/Templates/TxPosting.aspx?NRMODE=Published&NRNODEGUID={54D8AD18-838F-4127-8B2F-876D9823B428}&NRORIGINALURL=/citizenportal/071-001-000-000.htm&NRCACHEHINT=Guest.

SB 1070: LULAC v. Arizona

The League of United Latin American Citizens (LULAC), "the largest and oldest Hispanic organization in the United States," and other individuals have brought the seventh lawsuit seeking to strike down Arizona's new immigration statute -- SB 1070. LULAC alleges that SB 1070 is unconstitutional because it amounts to "an impermissible attempt by state actors to regulate immigration." In addition, SB 1070 and its associated police training materials which have been developed to implement the new statute deny the plaintiffs their rights under the due process and equal protection clauses of the U.S. Constitution by, among other things, "permitting detentions and arrests based on vague or ill-defined facts such as dress, demeanor, and limited English-speaking ability." The LULAC complaint is here: (http://drop.io/fpeecpn).