USG Sends 5,200 Armed Troops to Border Against Purported Migrant “Invasion” a Week Before Elections

DHS/CIS clearly states that people may only apply for asylum if they are arriving in or already physically present in the United States. To apply for asylum in the United States, foreign nationals may ask for asylum at a port-of-entry (airport, seaport, or border crossing), or, if they are already in the United States, they may file Form I-589, Application for Asylum and for Withholding of Removal, at the appropriate Service Center. They may apply for asylum regardless of their immigration status, whether they are in the U.S. legally or illegally.

Per 2 FAM 220 on asylum cases, U.S. embassies and consulates may not/may not grant or in any way promise “asylum” to any foreign national:

Although foreign nationals may request “asylum,” posts should be aware that the term has specific meaning in U.S. immigration law. Persons may apply for asylum under U.S. law only if they are physically present in the United States or at a land border or port of entry and may be granted asylum only if they meet the definition of a refugee under U.S. law and are otherwise admissible. The United States does not recognize the granting of asylum at posts abroad. Requests for asylum by persons in the United States are handled by the Department of Homeland Security (DHS) and the immigration courts of the Executive Office for Immigration Review within the Department of Justice. Refer questions relating to such procedures to the Department, Bureau of Democracy, Human Rights and Labor, Office of Multilateral and Global Affairs (DRL/MLGA).

On Refugees:

Posts may not in any way promise that an individual will be admitted to the United States as a refugee. A U.S. embassy may refer any individual who appears to meet the definition of a refugee to the U.S. Refugee Admissions Program for consideration. Embassies may refer someone to ensure protection or provide a durable solution in compelling circumstances. Due to resource constraints and other foreign policy concerns, posts usually refer individuals only because of a significant humanitarian concern; a particular U.S. Government interest; or an especially close link to the United States. Acceptance of a referral by the program does not guarantee that an individual will be admitted to the United States as a refugee.

So when POTUS says “If they want to come into the country, you have to apply, like other people,” that’s what people are actually trying to do: presenting themselves at a U.S. border crossing because U.S. law requires that for people applying for asylum.

AND NOW THIS: “NO ONE IS COMING TO GET YOU”

MEANWHILE, ELSEWHERE IN THE WORLD OF LIGHT WHERE FEAR IS NOT A STRIKE ANYWHERE MATCH HEAD:

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Raymond Bonner: The Diplomat and the Killer (via ProPublica)

Posted: 1:45  am EDT
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The article below has been adapted from Raymond Bonner’s “Weakness and Deceit: America and El Salvador’s Dirty War,” which is being republished with a new prologue and epilogue. The book which received the Robert F. Kennedy Book Award is also available from Amazon here.  Raymond Bonner is a former foreign correspondent for The The New York Times and staff writer at The New Yorker. He is also the author of the memorable Waltzing With a Dictator: The Marcoses and the Making of American Policy.  (Below republished under Creative Commons).

In December of 1980, Salvadoran soldiers brutally raped and murdered four American churchwomen. A young U.S. diplomat singlehandedly cracked the case, cultivating an improbable source who risked everything to gather the key evidence.

*

On December 1, 1980, two American Catholic churchwomen — an Ursuline nun and a lay missionary — sat down to dinner with Robert White, the U.S. ambassador to El Salvador. They worked in rural areas ministering to El Salvador’s desperately impoverished peasants, and White admired their commitment and courage. The talk turned to the government’s brutal tactics for fighting the country’s left-wing guerrillas, in a dirty war waged by death squads that dumped bodies in the streets and an army that massacred civilians. The women were alarmed by the incoming Reagan administration’s plans for a closer relationship with the military-led government. Because of a curfew, the women spent the night at the ambassador’s residence. The next day, after breakfast with the ambassador’s wife, they drove to San Salvador’s international airport to pick up two colleagues who were flying back from a conference in Nicaragua. Within hours, all four women would be dead.

Two days later, White and a crowd of reporters gathered as the bodies of the four Americans were pulled by ropes from a shallow grave near the airport. The black-and-white photos snapped that day document a grisly crime. The women were dressed in ordinary clothes — slacks and blouses. Investigators would conclude that all had been sexually assaulted before they were dispatched with execution-style gunshots to the head. White, grim-faced and tieless in the heat, knew immediately who was behind the crime. This time, he vowed, the Salvadoran government would not get away with murder, even if it cost him his career.

In the years since, much has come to light about this pivotal event in the history of U.S. interventions in Central America. But the full story of how one of the most junior officers in the U.S. embassy in San Salvador tracked down the killers has never been told. It is the tale of an improbable bond between a Salvadoran soldier with a guilty conscience and a young American diplomat with a moral conscience. Different as they were, both men shared a willingness to risk their lives in the name of justice.

In November of 1980, just weeks before the churchwomen were abducted, H. Carl Gettinger was sitting at his desk in the U.S. embassy when the phone rang. On the line was Colonel Eldon Cummings, the commander of the U.S. military group in El Salvador, who said there was a lieutenant from the Salvadoran National Guard in his office who could tell Gettinger about the harsh tactics of the guerrillas. The soldier was well-placed; El Salvador’s National Guard was an essential part of the country’s internal security apparatus. It operated as “a kind of landlords’ militia in the countryside,” as White wrote in a prescient, 1980 cable that analyzed the forces that would fuel the country’s civil war.

Gettinger, then 26 years old, was considered something of a liberal, in part because, like White, he supported the pro-human rights approach of President Jimmy Carter, Ronald Reagan’s predecessor. Adding to his reputation as a “proto-communist,” as Gettinger mockingly described himself, was that he had a beard and was often incorrectly assumed to be Jewish (he was called “Getzinger” when he first arrived). “I looked like a lefty rabbi,” Gettinger told me.

Gettinger informed Cummings that he did not need to hear more about the cruelty of the guerrilla forces. “I already know that,” he said. But Gettinger viewed his job as talking to everyone, and he had a knack for putting people at ease. His mother, who was Mexican, had taught him, Hablando se entiende la gente (“By talking, people understand each other”). He was born in Calexico, California, and spent many youthful days with his cousins, aunts, and uncles across the border in Mexicali, where his mother was born. Growing up in San Diego, Carl lost himself in National Geographic magazines and would dream about going to exotic lands. One day, when he was about 14, Carl asked his father what he should do with his life. “Try the Foreign Service,” his father said, without looking up from his newspaper.

Gettinger’s first posting had been in Chile, where he was assigned to the consular section. He quickly grew bored handling visa requests, and used his fluency in Spanish to moonlight for the embassy’s political section. When the State Department asked for volunteers to work in El Salvador, he didn’t hesitate. It was the place for a young diplomat to make his mark. In neighboring Nicaragua, the Marxist Sandinistas had come to power, and Washington was worried that El Salvador would be the next domino to fall. Gettinger arrived in the first months of a decade-long civil war that would be marked by peasant massacres and the loss of some 75,000 civilian lives, most killed by government forces.

Cummings walked the Salvadoran lieutenant, who was dressed in civilian clothes, over to Gettinger’s office, introduced him, and left. The lieutenant, whom Gettinger described as “mean and low-brow with the flattened face of a boxer,” began by saying that the guerrillas had killed both his father and a brother, and that he was playing a role in the dirty war. On one occasion, he said, soldiers under his command had picked up three “kids” who were suspected of being guerrilla sympathizers. After briefly interrogating them, the lieutenant thought they should be released, but a sergeant told him they were “unreformed.” The lieutenant ordered them executed. He had also killed several men who he thought might pose a threat to his own life. “He seemed to have a lot that he wanted to get off his chest,” Gettinger recalled.

But the diplomat was not prepared for what was to come. “It was the single most ironic twist in my 31 and something-year career,” Gettinger told me. (He retired from the Foreign Service in 2009 after several years in Japan and tours in Pakistan and Iraq — a decision he described as “wrenching” since the service “had been my whole life.”)

After expressing his distaste for the left, the lieutenant lashed out with equal contempt for El Salvador’s right. The lieutenant, who was born into a lower-class family, said the country’s oligarchs were using the military to do their dirty work. Soldiers should fight to defeat communism, not to enrich powerful landlords, he said.

Gettinger banged out a cable recounting his hour-long conversation with the lieutenant, who was unofficially dubbed “Killer” around the embassy. The message was stamped NODIS [no distribution], a higher classification level than SECRET, and only a limited number of copies were made. Gettinger described the lieutenant as “badly educated,” and “a savage individual who feels victimized both by the left and by the GN [National Guard] hierarchy.” In cables to Washington about the information it was learning, the embassy tended to refer to Gettinger as “the officer” and the lieutenant as “the source.” (In 1993 and 1994, shortly after the end of El Salvador’s civil war, the Clinton administration released thousands of previously classified documents pertaining to human-rights abuses during the conflict.)

In subsequent cables, the embassy told Washington that the “source” had been “deep inside extreme right wing fringe group activities” and “closely associated with rightists such as Major Roberto D’Aubuisson,” the notorious and charismatic right-wing leader. The lieutenant said that he had bombed a Catholic radio station and the Jesuit-run Central American University on orders from D’Aubuisson’s aides. (In the 1970s and 80s, as many priests and nuns in Latin America embraced the doctrine of “liberation theology,” which focused on the poor and oppressed, the rich and powerful came to view the Church as an enemy.) But he said that he had grown disenchanted as D’Aubuisson and his followers morphed into gunrunners and smugglers, motivated as much by money as political ideology.

The lieutenant told Gettinger that D’Aubuisson had been an architect of the assassination of the revered Archbishop Óscar Arnulfo Romero, who was murdered inside a church while saying Mass in March 1980. A couple days before the shooting, the lieutenant said, he had attended a meeting chaired by D’Aubuisson at which soldiers drew lots for the chance to kill the archbishop. There had long been rumors of D’Aubuisson’s involvement in the assassination, but this was the first concrete evidence the Americans had. (No one has ever been prosecuted for the murder. In 2015, Pope Francis declared that Romero had died a martyr and would be beatified, the final step before sainthood. D’Aubuisson died in 1992, at the age of 48, of throat cancer.)

Two weeks after Gettinger first met the lieutenant, on December 2, 1980, the Maryknoll nuns Maura Clarke, 49, and Ita Ford, 40, were returning from a Maryknoll conference in Nicaragua, where left-wing guerrillas had recently toppled President Anastasio Somoza and his American-backed dictatorship. They were met at the airport shortly after 6 o’clock in the evening by the two women who had joined White over dinner the previous evening: Dorothy Kazel, 41, and Jean Donovan, 27, a lay missionary who was engaged to be married.

The next day, the burned-out shell of their white Toyota minivan was found about five miles from the airport. On December 4, the vicar of San Vicente called the U.S. embassy to report that the bodies of the four women had been discovered near the airport. When White heard this, he rushed to the scene.

[….]

A handful of insiders knew that the trial would never have occurred were it not for Carl Gettinger. “It was through his persistent efforts” that the names of the perpetrators were obtained, wrote Pimentel, the FBI agent, when he recommended that Gettinger be honored by the FBI. “He did this knowing full well that inquiries of this nature could very well bring about physical harm to his person.” FBI Director William Webster agreed. “It is doubtful this matter would have been resolved so quickly without your aggressive pursuit and your personal interest in seeing justice served,” Webster wrote Gettinger in June of 1981. Gettinger couldn’t talk about the honor. Pimentel’s recommendation and Webster’s letter were classified secret. They have since been declassified and released, but the identity of Gettinger’s source — the National Guard lieutenant — remains a secret to this day.

Gettinger believes the lieutenant was killed in the early 1990s, by which point he had left the military and was operating a bus service. In 1998, an American diplomat relayed the story to Gettinger: One day, a bus the former officer was driving was stopped on the highway, whether by soldiers or guerrillas is unclear. “Killer” wasn’t one to go down without a fight, and he came out guns blazing. He lost.

The exceptional secrecy surrounding Gettinger’s work was evident when he received one of the State Department’s highest honors, the W. Averell Harriman Award for “creative dissent,” in the fall of 1982 during a public ceremony in the department’s auditorium. In presenting the certificate, Harriman, one of the “wise men” of American foreign policy, commended Gettinger for having “argued his conclusions whatever the potential risk to his own career.” Harriman offered no details about how Gettinger had earned the honor, only that it involved American citizens. The handful of officials who knew the story smiled; nearly everyone else in the audience was left wondering what highly classified issue could have prompted “creative dissent” by such a junior officer.

Read in full, The Diplomat and the Killer via ProPublica.

Here is a short video from retroreport.org on the search for justice.  See the site for more on this.

We’ve mentioned Hugo Carl Gettinger in passing here when we blogged previously about the May 2006  Accountability Review Board To Examine the Circumstances of the Death of David E. Foy and Mr. Iftikhar Ahmed in March 2006, Karachi, Pakistan. Secretary Rice appointed him Executive Secretary to that Board.

 

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US Embassy El Salvador: Critical Crime Threat – Stay Off the Streets

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On January 14, 2014, the US Embassy in San Salvador sent an emergency message to U.S. citizens in the country with a reminder of the critical crime threat in El Salvador. At approximately 21,041 square kilometers, El Salvador is the smallest and the most densely populated country in Central America.

This message is to remind U.S. citizens residing and traveling in El Salvador of the critical crime threat in El Salvador.  Most travelers to El Salvador experience no safety or security problems, but as noted in our August 9, 2013, Travel Warning for El Salvador, both random and organized violent crime is endemic throughout El Salvador. U.S. citizens are not normally singled out based on their nationality, but are subject to the same threats as all other persons in El Salvador.

Over the last several weeks, several joggers and pedestrians were robbed at gunpoint in the immediate area around U.S. Embassy San Salvador.  Blogs associated with local running and cycling groups have also reported on runners being targeted in the Santa Elena area as well as other affluent areas, such as Escalon and San Benito.  Due to these issues, U.S. Embassy security officials advise all U.S. Government personnel not to walk, run or cycle in the unguarded streets and parks of El Salvador, even in groups, and recommend exercising only in gyms and fitness centers.

Stay aware of your surroundings at all times when in public, and avoid carrying any valuables at all, including watches or smart phones/tablets, as these items are often targeted by thieves.  Be especially vigilant when entering or exiting your home or hotel, car, garage, school, and workplace.  Whenever possible, travel in groups of two or more persons.  Walking in many areas of El Salvador can expose you to crime, especially at night, and visitors and residents should not walk alone on or near beaches, historic ruins, or trails.

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The 2013 Crime and Safety Report published by  Diplomatic Security says that “El Salvador is considered one of the most violent countries in the world. The criminal threat in El Salvador is unpredictable, gang-centric, and characterized by violence directed against both known associates and targets of opportunity.”

Crimes of every nature occur 24 hours a day; daylight is not a deterrent. There are no areas that are deemed free of violent crime. Robberies and robbery attempts, home invasions, and extortions occur in the most affluent neighborhoods, and closely guarded officials, independent business persons, and diplomats are not immune from these attacks.
[…]
Most U.S. citizens (close to 90 percent) die of natural causes in El Salvador. The leading cause of non-natural death is homicide. In 2012, U.S. fatalities included 11 non-natural deaths (seven homicides, two vehicle accidents, one suicide, and one drowning). 2011 saw eight non-natural deaths (four homicides, two vehicle accidents, and two drowning). And 2010 saw 13 non-natural deaths (11 homicides, one vehicle accident, and one drowning). Of 32 non-natural deaths from January 2010 to December 2012, 22 were homicides.

The effect and threat of violent crime in San Salvador, including the neighborhoods in which many Americans live and work, leads to isolation and the curtailment of recreational opportunities. Based on current statistics, violent crime remains significantly higher than U.S. and international rates. El Salvador has the second highest per capita murder rate in the world: 69 per 100,000 in 2012 (UNODC statistics) (by comparison the murder rate in Massachusetts, with a similar geographical area and population, was 2.6 per 100,000). Police statistics show there was an average of seven murders and three carjackings reported daily in 2012.

As of January 12, 2014, El Salvador is a 15% hardship and a 10% COLA post.

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State Dept Issues El Salvador Travel Warning: Critical Crime and Violence

On January 23, 2013, the State Department issued a new Travel Warning for El Salvador detailing the crime and violence in the smallest and the most densely populated country in Central America.  For a while there, El Salvador had the highest murder rate in the world. It was  dislodged from the #1 spot by Honduras in 2010. In 2011, there were 82.1 murders per 100,000 people in Honduras.

The Crime and Security Report for 2012 issued by the embassy’s Regional Security Office says that “El Salvador is considered one of the most violent countries in the world. The effect and threat of violent crime within San Salvador, including the neighborhoods in which many Americans live and work, leads to greater isolation and the curtailment of recreational opportunities.”  Part of that report described the robbery at gunpoint of an embassy officer and spouse while stuck at a traffic circle near the embassy:

“In 2011, armed robberies continued at the accelerated 2010 pace and arguably could be the single greatest security threat facing U.S. embassy staff and business persons. As an example, in April 2011, an embassy officer and spouse were robbed at gunpoint at a traffic circle less than a mile from the embassy while stuck in late rush hour traffic. In this instance, two unidentified men approached the driver’s side of the car, pointed a gun at both occupants, and demanded their belongings. The couple complied with their demands, and the attackers fled the scene on foot. In another example, a U.S. tourist was robbed at night by two individuals with machetes directly outside a popular private beach club that is frequented often by embassy staff and other Westerners.”

US Embassy San Salvador, El Salvador

US Embassy San Salvador, El Salvador

Below is an excerpt from the new Travel Warning:

The Department of State has issued this Travel Warning to inform U.S. citizens about the security situation in El Salvador.

Tens of thousands of U.S. citizens safely visit El Salvador each year for study, tourism, business, and volunteer work. However, crime and violence are serious problems throughout the country. In 2011, El Salvador had the second highest murder rate in the world: 71 per 100,000 people (by comparison, the murder rate in Massachusetts, with a similar geographical area and population, was 2.6 per 100,000). In 2012, a truce between El Salvador’s two principal street gangs contributed to a decline in the homicide rate. However, the sustainability of the decline is unclear, and the truce had little impact on robbery, assaults, and other violent crimes. Most of these crimes go unsolved. In March 2012, as a result of an administrative review of the security situation, Peace Corps El Salvador substantially reduced the number of its volunteers in country.

U.S. citizens do not appear to be targeted based on their nationality. However, 22 U.S. citizens have been murdered in El Salvador since January 2010. During the same time period, 230 U.S. citizens reported having their passports stolen. Armed robberies of climbers and hikers in El Salvador’s national parks are common, and the Embassy strongly recommends engaging the services of a local guide certified by the national or local tourist authority when hiking in back country areas, even within the national parks. In 2000, the National Civilian Police (PNC) established a special tourist police force (POLITUR) to provide security and assistance to tourists, as well as protection for the cultural heritage of El Salvador. It has officers located in 19 tourist destinations.

A majority of serious crimes are never solved; only five of the 22 murders committed against U.S. citizens since January 2010 have resulted in convictions. The Government of El Salvador lacks sufficient resources to properly investigate and prosecute cases and to deter violent crime. The PNC is still developing into a modern and effective police force that can protect the public. While several of the PNC’s investigative units have shown great promise, routine street level patrol techniques, anti-gang, and crime suppression efforts are limited.

Transnational criminal organizations conduct narcotics, arms trafficking, and other unlawful activities throughout the country and use violence to control drug trafficking routes and carry out other criminal activity. Other criminals, acting both individually and in gangs, commit crimes such as murder-for-hire, carjacking, extortion, armed robbery, rapes, and other aggravated assaults. El Salvador, a country of roughly six million people, has hundreds of known street gangs totaling more than 20,000 members. Gangs and other criminal elements roam freely day and night, targeting affluent areas for burglaries, and gang members are quick to engage in violence if resisted.

Extortion is a particularly serious and common crime in El Salvador. Many extortion attempts are no more than random cold calls that originate from imprisoned gang members using cellular telephones, and the subsequent threats against the victim are made through social engineering and/or through information obtained about the victim’s family. U.S. citizens who are visiting El Salvador for extended periods may be at higher risk for extortion demands. Hitting its peak a few years ago, extortion has dropped in the last two years; however, recent reports show that there is an increase in the level of violence associated with extortion cases, including media reports of extortion victims and witnesses being killed. Extortion attempts can be transnational in nature and can include kidnapping of victims. For example, in 2011, a 2 year old U.S. citizen was kidnapped from the home of his grandparents in El Salvador by 8 to 10 armed men. Ransom demands made to family members in both El Salvador and the United States were traced back to a local prison used exclusively to incarcerate gang members.

Read in full here.

In 2011, police statistics also show an average of 12 murders and three carjackings reported daily to the police. While  El Salvador is a 10% COLA and 15% hardship differential post, it is as of this writing not listed as a danger pay post.

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