There is a widespread perception of a strong link between immigrants and crime. It is common to hear those who oppose immigration argue that the first act illegal immigrants commit on U.S. soil is to break the law-that is, our immigration laws-and that they are ipso facto criminals who will continue to disregard U.S. laws once in the country. Those making this argument are generally steadfastly opposed to any immigration reform that will provide the 10 million to 12 million illegals already in the country any path to citizenship, on the grounds that such an "amnesty" would reward law-breaking.

The association of immigrants with crime is strengthened by the weekly barrage of news about drug and gang violence in Mexico as the government of Mexican President Felipe Calderón seeks to crack down on that country's powerful drug mafias. And long before the Mexican drug war, Americans were threatened by Colombian cartels, Salvadoran street gangs, and other criminal groups from Latin America. Moreover, it is perfectly true that the simple fact of being an illegal immigrant induces one to break further laws: One is reluctant to buy mandated auto insurance, pay taxes, or register businesses for fear of deportation.

There is indeed a huge problem of crime originating in Latin America and spilling into the United States. This is almost wholly driven by the enormous demand for drugs from the U.S. There are many things we can and should do to mitigate this problem, but it will persist as long as that demand remains high.

But the problem of gangs and drug violence should not be confounded with the behavior of the vast majority of illegal immigrants to the U.S., who by and large are seeking the same thing that every immigrant to America has wanted since the time of the Mayflower: to better their condition and that of their families. They are not criminals in the sense of people who make a living by breaking the law. They would be happy to live legally, but they come from societies in which legal rules were never quite extended to them. They are therefore better described as "informal" rather than "illegal."

Understanding this distinction requires knowing something about the social order in Latin America or, for that matter, in many other developing countries. These societies are often characterized by sharp class distinctions between a relatively small, well-educated elite and a much broader and poorer population.

The rule of law exists in places like Mexico, Colombia and El Salvador; the problem is that access to the legal system tends to be a privilege of the well-to-do. The vast majority of illegal immigrants to the U.S. come from poor rural areas, or shantytowns in large cities, where the state-in the form of courts, government agencies and the like-is often absent. Registering a small business, or seeking help from the police, or negotiating a contract requires money, time and political influence that the poor do not possess. In many Latin American countries, as much as 70%-80% of the population lives and works in the informal sector.

The lack of legal access does not make everyone in these regions criminals. It simply means that they get by as best they can through informal institutions they themselves create. The Peruvian economist Hernando de Soto has written extensively about the lack of formal property rights, not just in his own country but throughout the developing world. The poor do not hold legal title to their homes, despite having lived in them for years, because of the insuperable barriers the system throws up to formal registration. So they squat in their homes, constantly insecure and unable to use their property as collateral.

The poor are entrepreneurial and form businesses like restaurants and bus companies, but they are unlicensed and don't conform to official safety rules. They and everyone else would be much better off if they could be brought into the formal legal system, but it is a dysfunctional political system that prevents that from happening.

What illegal immigrants to the U.S. have done is to recreate the informal system within our borders. The Americans who hire them are often complicit in this system by not providing benefits or helping them avoid taxes through cash payments. The gardeners and maids and busboys who participate in this game, along with their employers, are indeed breaking the law. But they are in a very different category from the tattooed Salvatrucha gang member who lives by extortion and drug-dealing.

A comprehensive immigration reform that provides hardworking illegal immigrants with an ultimate path to citizenship should not be regarded as rewarding criminal behavior. It should be seen as an effort to move people from a dangerous informal system to one characterized by a modern rule of law.

We need, of course, to control much better the total number of people coming into the country, which can ultimately be done only through stronger enforcement of employment rules. If we can better distinguish between illegal and informal in our political discourse, then we can begin to concentrate our resources on going after those in the immigrant population who are genuinely dangerous criminals.

The Social Agenda for Democracy in Latin America is a policy-oriented research initiative of the Global Center for Development and Democracy, which was founded by former Peruvian President Alejandro Toledo in 2006. Authored by a taskforce of 20 former Latin American Presidents, as well as development experts from academia, the private sector, and multi-lateral organizations, the Social Agenda comprises 16 pressing social issues and 63 specific public and private policy recommendations to the region's current heads of state.

From the Washington, D.C. launch of the Social Agenda for Democracy in Latin America:

The Global Center for Development and Democracy, founded and presided over by former Peruvian President Alejandro Toledo, along with The Johns Hopkins University Paul H. Nitze School of Advanced International Studies (SAIS), the National Endowment for Democracy, the Brookings Institution, and the Inter-American Dialogue, is pleased to invite you to join us at the Falk Auditorium at the Brookings Institution on Tuesday, November 3, from 2:30 to 4:30 p.m. for a presentation of The Social Agenda for Democracy in Latin America for the Next Twenty Years by Dr. Alejandro Toledo and the following former presidents: Vicente Fox of Mexico; Carlos Mesa, Bolivia; Nicolas Ardito Barletta, Panama; Ricardo Maduro, Honduras; and Vinicio Cerezo, Guatemala.

The Global Center for Development and Democracy has sponsored five Presidential Meetings over the last two years, at which a Presidential Task Force (including 20 former presidents of Latin American countries) has met with leading experts from policy-oriented academia, multilateral organizations, the private sector, and members of civil society to consider the innovative policy research of those experts and to discuss what the former heads of state consider to be the 15 most important social issues facing the region.  The conclusions of their research and discussions at these meetings have been synthesized into a report that will be shared with the sitting presidents of Latin American nations at the Ibero-American Summit in Estoril, Portugal, on December 1, 2009 – as well as with President Obama, the Prime Minister of Canada, and the heads of state of the European Union.  The report will present specific recommendations for actions to significantly reduce poverty, inequality, and social exclusion, as well as to strengthen democratic institutions in Latin America. The report will also include mechanisms for carrying out a twenty-year program of monitoring the results of the policy initiative.

Full text of the Social Agenda for Democracy in Latin America (pdf).
 

In a new Stanford endeavor, FSI's Center on Democracy, Development, and the Rule of Law has joined with the Bowen H. McCoy Family Center for Ethics in Society to launch an interdisciplinary Program on Human Rights. Introducing CDDRL's latest program, Director Larry Diamond noted that "today's human rights interact with a number of other urgent global issues including climate change, immigration, security, women's rights, poverty, and child soldiers" to name but a few. The campus-wide Human Rights Program builds on the work of CDDRL's Program on Global Justice by bridging the normative and the empirical.

The October launch featured an interdisciplinary panel on human rights, "Bridging Theory and Practice", combining the work and insights of Senior Law Lecturer, FSI Senior Fellow and Human Rights Program Coordinator Helen Stacy, who also served as moderator, Political Science Professor Terry L. Karl, Stanford Law School Professor Jenny Martinez, Anthropology Professor Jim Ferguson, and Civil and Environmental Professor Ray Levitt.

Observing that each of the panelists works adeptly across several disciplinary fields, Program Coordinator Helen Stacy noted that "they dynamically cycle between high theory and everyday action in a constant arbitrage between principle and practice."

Invoking the French philosopher Michel Foucault, Jim Ferguson observed that "the world is a dangerous place" and we need to be careful, watchful, vigilant, and realistic. Just as "If you want peace, work for justice," he said, "If you want human rights, work to overcome economic inequalities."

A second session featured Philosophy Professor Debra Satz, Director of the McCoy Family Center for Ethics in Society, who introduced the new Undergraduate Human Rights Summer Fellowships, which will allow four undergraduates to immerse themselves in a summer-long internship with a leading human rights organization.

A final keynote address by pediatrician Paul H. Wise, the Richard Behrman Professor in Child Health and a core faculty member of the FSI's Stanford Health Policy center, addressed the aspirational, "Between the Concrete and the Clouds: Living Your Human Rights Principles."

Wise's professional life has been devoted to the real human rights of real children by improving child health-care practices and policies in developing countries. Active in child health projects in India, South Africa, and Latin America, Wise spends each summer in an indigenous village in Guatemala, where he teaches and provides needed care at the village clinic.

Dr. Alejandro Toledo, former president of Peru, describes his vision as “democracy that delivers.”

“My colleagues and I who have taken the challenge of public life as a vocation and a life commitment,” Toledo says, “cannot but feel concerned about the great challenges faced by our continent where half its population lives between poverty and misery and where inequalities and social exclusion are at their highest.” Toledo has spent the past academic year in residence at the Center on Democracy, Development, and the Rule of Law, applying theoretical rigor to a bold new plan for Latin America and also making a sweeping call to action. At the same time, as Distinguished Visiting Payne Lecturer for the Freeman Spogli Institute, Toledo has shared his vision and his plans for the future with the Stanford community in a three-part special Payne Lecture Series, titled “Can the Poor Afford Democracy? A Presidential Perspective.”

Forty percent of Latin Americans — 230 million people — are trying to survive on less than $2 a day, and 110 million live on less than $1 a day, Toledo is quick to point out. He also notes that income levels do not reflect the “drama of poverty”— things like infant mortality, malnutrition, lack of access to health care and education, and ethnically based social exclusion. Impoverished populations see corruption, exclusion, and economic inequality, and they begin to associate these things with democracy and become impatient with it. Toledo is calling for leaders to have the courage to invest in human development through nutrition, education, and microfinance programs and to make decisions that may not have short-term political benefits. “This is a moment for more leadership and less politics,” he said in January.

With the Global Center for Development and Democracy, the non-governmental organization that he founded, Toledo is organizing a new, broad-sweeping initiative to construct a social agenda for democracy in Latin America for the next 20 years. This Social Agenda for Democracy Initiative will identify specific and measurable goals to demonstrate that democracy is capable of “delivering concrete results to the poor.” To do this, Toledo says, the group of former Latin American presidents, democratic leaders, experts, and exponents of civil society that he is organizing will need to map out an agenda for both stimulating economic growth and reducing inequality and exclusion. Their agenda will be supported by parallel and ongoing efforts to promote and strengthen democratic institutions including judicial systems, freedom of speech, human rights, and the independence of all branches of government.

Toledo’s working group met for the first time on November 26, 2007, at the National Endowment of Democracy in Washington, D.C. The core team is made up of 12 former presidents, including Presidents Vicente Fox (Mexico), Fernando H. Cardoso (Brazil), Carlos Mesa (Bolivia), Ricardo Lagos (Chile), Cesar Gaviria (Colombia), Jose Maria Aznar (Spain), Rodrigo Carazo (Costa Rica), and Ricardo Maduro (Honduras). The group met again in Lima, Peru, on April 25, a meeting that Toledo is particularly excited about. “Our meeting in Lima has special significance for the initiative,” Toledo explains. “First, because the Latin American, Caribbean, and European Union Summit between 60 heads of state was held this year in Lima, just one month later, and second, because the theme of this year’s summit is ‘Poverty, Inequality, and Exclusion.’”

Which is the task that lies before Toledo and his colleagues.

One of the main aims of the Social Agenda for Democracy Initiative is to develop a social matrix to measure progress on key indicators such as economic growth, health, education, employment and salaries, poverty and income distribution, and access to technology. Several working group members reported on May 14 to the Latin American, Caribbean, and European Union Summit on the Social Agenda for Democracy Initiative and their progress in constructing this social matrix — giving the bold plan of this already super-charged group additional visibility and opportunity for capacity building. The group will meet two more times in 2008: in Bolivia this July and again in September in Sao Paulo, Brazil.

For Toledo, the link between democracy and social change is palpable — he is both the product of and an advocate for the transformative powers of these two processes. Democratically elected in 2001, Toledo was Peru’s first president of indigenous descent, having grown up in an impoverished and remote Andean village. “For 500 years, someone with my ethnic background was never accepted to be a candidate,” Toledo said in May, in his final Payne lecture. “I was a political intruder in the establishment of politics in Latin America and in Peru.”

In his five-year term as president, Toledo achieved 6 percent average annual growth, increased foreign direct investment by 50 percent, balanced the budget, and brought 25 percent of the population above the poverty line. He also initiated a program called Juntos, or “Together,” a system of conditional, direct cash transfers to female heads of the poorest households. In return for obtaining pre- and post-natal checkups, vaccinating their children, and making sure their children went to school, the women received $30 per month to invest in their economic self-sufficiency. The short-term solution provided by Juntos was initially criticized by the IMF but has been so successful that it is now being evaluated as a policy option by both the IMF and the World Bank and has been continued by the current government.

In his first Payne lecture, held in January, Toledo interwove firsthand observations with quantitative research to support his argument that a reduction in poverty and inequality does not necessarily follow economic growth. While he has “cautious optimism” that Latin America is poised to “make a substantial jump and take a prominent place in the world economy in the next 15 to 20 years,” he said that only an ambitious social agenda to reduce poverty and inequality will stimulate economic growth, strengthen democratic institutions, and consolidate democratic governance in the region.

Having analyzed the relationship between democratic reform, economic growth, and poverty, inequality, and social exclusion in Latin America, Toledo focused his second Payne lecture, in April, on some of the political dynamics in Peru leading up to his election to president. His multimedia presentation included footage of the mass protests that followed Alberto Fujimori’s controversial re-election to a third term in 2000 amid allegations of electoral fraud. Fujimori ultimately agreed to schedule a new election the following year and stepped down as a candidate.

In his third and final Payne lecture, on May 14, Toledo answered the question that served as the organizing principle for the series: Can the poor afford democracy? Yes, he said — but more importantly, “Democracy cannot afford to neglect the poor.”

Like Toledo, former president of Mexico and Social Agenda for Democracy colleague Vicente Fox sees positive economic and social growth for Latin America. He accepted Toledo’s invitation to visit the Stanford community and on March 5 spoke with intensity about Latin America’s prospects for both social welfare and economic well-being in the coming century. Mexico, which Goldman Sachs recently projected to be the world’s fifth largest economy by 2040, was emblematic of this electrifying future, he said. On the one hand, there is great promise for economic growth, stability, and entrepreneurship; and with this great promise, he was careful to note, comes great responsibility for the reduction of poverty and inequality through a “package of powerful social policies.”

Looking ahead, Fox hoped that Latin American democracy would not to be taken for granted; “it has to be nourished, it has to be taken care of, it has to be promoted.” But his outlook for Latin America is that this is a time for its countries to consolidate democracies and freedoms, consolidate economies, and promote new leadership. After years of military dictatorships, corruption, inefficiency, and poor development, “People decided to go for change,” Fox said, “and change is a magic word. It moves people to action.”