Tomorrow in Guatemala, a judge named Dina Ochoa faces a vote to be re-elected to the country’s Constitutional Court. Her critics accuse her of being corrupt. This thread includes info relevant to that conversation. It’s also about the US & the rule of law in Central America 1/
On September 9, 2019, then Interior Minister Enrique Degenhart & Dina Ochoa, at the time a magistrate on the Constitutional Court, had a meeting in Washington w Mauricio Claver-Carone, then an official at the WH (& now the controversial head of Inter-American Development Bank) 2/
Stephen Miller was angry & on edge. US was trying to get Honduras & El Salvador to follow Guate in signing a safe third country deal. Problem was: Guate, the 1st gov’t to sign, hadn’t yet implemented the deal. The Constitutional Court ruled that Congress first had to approve 3/
Unsurprisingly, the deal was UNPOPULAR in Guatemala. Meanwhile, the Trump WH was getting flack behind the scenes. It was pressuring these other governments to sign the deals, but the first major signatory was stuck. 4/
Degenhart brought Dina Ochoa to reassure the Americans; explain the problem; and “unstick” the Constitutional Court, according to former Administration sources. 5/
She explained to the WH officials where the votes were on the Guatemalan high court, and vowed to bring around two other judges to her position to get a majority in favor of the safe third country deal. 6/
Dina Ochoa, a sitting judge on the Constitutional Court, was meeting with Trump officials at the White House to give an inside account of the deliberations of Guatemala’s highest judicial body...and to vow to bring the court around to do the US’s bidding. 7/
Later that day, the Constitutional Court changed its position on the safe third country deal. 8/
This allowed the outgoing Guatemalan Executive to circumvent the country’s Congress. So, tomorrow, Guatemala’s Congress will have a chance to vote to keep this judge on the high court. Will be interesting to see what happens...end/

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More from @JonathanBlitzer

30 Jan
The Trump policy closing the border to asylum seekers during the pandemic (Title 42) put Biden in a bind from day 1. The policy was adopted in bad faith, w no scientific basis. The Biden Admin acknowledges that, but still faces complex reality at border 1/ nytimes.com/2021/01/29/us/…
Keeping border partially closed to asylum seekers gives the new Admin breathing room, to restart & stand back up an asylum system that’s been dismantled over past 4 years. But, of course, it also exposes a searing moral (& legal) dilemma: you either believe in asylum or not. 2/
You can’t answer that question in a meaningful way unless you’re reckoning w genuinely confounding operational questions—not just of restarting a broken system, but of doing so during a world-historical pandemic. How, for instance, do you process large #s of people right now? 3/
Read 8 tweets
11 Jan
Chad Wolf is stepping down w barely a week left in Trump’s term. For many months Wolf’s been dogged by legal questions (& court judgments) abt how he was serving illegitimately as acting DHS sec’y. How will he be remembered in the post? 1/
He’ll go down as a Trump shill who did the bidding of the White House at the very real cost of inflicting permanent damage on DHS as an institution. His handling of protests this past summer was militant and widely decried by his Republican & Democratic predecessors. 2/
DHS agents were deployed in DC to crack down on peaceable BLM protestors. They were sent to other major cities (NYC, Philly) to police crowds. In Portland, Wolf personally riled up his agents beforehand in what one former official described to me as a “pep rally.” 3/
Read 7 tweets
22 Dec 20
As usual, so much vying for our attention. But tonight two members of Biden team gave the most detailed interview to date abt incoming Admin’s plans for dealing w asylum, Central American migration, & the southern border. It was more a statement of purpose than an action plan. 1/
There are very encouraging signs and, as expected, some lacunae. A few noteworthy details: (1) The advisors said Biden will “expand legal pathways for migration...allowing people to apply for refugee resettlement & temporary worker and employment-based programs” in the region. 2/
All presidential admins (some MUCH more cynically than others) stress the dangerousness of the overland journey to the US. It obviously *is* dangerous. It’s also true that large #s of those arriving at US border don’t qualify for asylum under strict dictates of US imm law. 3/
Read 17 tweets
30 Oct 20
Absolute blockbuster report from @aflores w an early look at unpublished DHS IG report. At the peak of the family separation crisis in spring/summer of 2018, DHS officials insisted that there was a right and a wrong way to seek asylum at the border. 1/ buzzfeednews.com/article/adolfo…
The "wrong way" was to cross the border *between ports of entry*. Anyone who did this was fair game for prosecution (i.e. separation from children). The "right way" was to ask for asylum at ports of entry. (This formulation isn't accurate or legal, but that's another issue.) 2/
According to this report, DHS was doing 2 things at the same time as it was telling people (falsely) that their only legitimate option for seeking asylum was to go to ports. (1) It formally instituted metering *at the ports* as a way to keep out up to 650 immigrants per day. 3/
Read 6 tweets
16 Sep 20
We're at DefCon1 levels of *gross mismanagement* @DHSgov at this point, where each day brings another massive scandal. So many of these scandals are unfolding at once, in real time, that it's worth highlighting the basic chronology of a few of them from past couple of weeks. 1/
(i) "Dept has been using major hotel chains to detain [hundreds of] children & families taken into custody at border, creating a largely unregulated shadow system of detention and swift expulsions." 2/ nytimes.com/2020/08/16/us/…
Some context: This comes at a time when the Administration is using the pretext of the public health crisis (Covid) to openly flout immigration law--ignoring asylum, deporting unaccompanied kids, and dreaming up further cuts to legal immigration. 3/ propublica.org/article/leaked…
Read 9 tweets
10 Sep 20
All through the 80s, the US gov denied asylum applications from Salvadorans & Guatemalans at exorbitantly high rates for political reasons: the US was supporting the regimes that were brutalizing their own people & forcing them to flee. 1/
The political logic was simple & brutal: if the US granted asylum claims, then it would have to acknowledge that the Salvadoran and Guatemalan governments it was propping up (with aid $$, military advisors, etc) were murderous and incorrigible abusers of human rights. 2/
Eventually, after major legal challenge, US gov't conceded that it had politicized the asylum process & violated national (& int'l law). The settlement that followed (ABC v. Thornburgh) gave hundreds of thousands of Central Americans another chance at asylum/legal status in US 3/
Read 5 tweets

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