DELAY LIKELY FOR NEW IMMIGRATION LAW

C O N F I D E N T I A L SAN JOSE 001529 SIPDIS SIPDIS DEPT FOR WHA/CEN JASON MACK E.O. 12958: DECL: 07/09/2016 TAGS: KCRM PGOV PREF SMIG CS SUBJECT: DELAY LIKELY FOR NEW IMMIGRATION LAW REF: SAN JOSE 00280 Classified By: CDA Russell Frisbie for reasons 1.4 (B&D) -------------- SUMMARY -------------- ¶1. (C) President Oscar Arias has requested legislation that would delay the implementation of a law passed in October, 2005 designed to strengthen the immigration enforcement authority of Costa Rican Immigration (CRI) officials. The law is scheduled to take effect in August 2006. In all likelihood, implementation of the law will be delayed until December, 2007. Some of the law's controversial provisions likely will be weakened. While public statements by the government blame the excessive cost of the law's implementation for the delay, poloff's discussion with the Director of Immigration indicates that concern over corruption within CRI is a more urgent reason the GOCR will seek to delay implementation of the law. Additionally, the Arias administration implementation of the new law would provoke additional opposition at the same time the GOCR will be attempting to push fiscal reform and CAFTA through the Legislative Assembly. END SUMMARY -------------- NEW IMMIGRATION LAW DELAYED -------------- ¶2. (U) In October 2005, the Costa Rican Legislative Assembly passed a draft law intended to strengthen the immigration enforcement powers of CRI authorities. The law, which would criminalize alien smuggling and fine anyone who helps or employs illegal aliens, is scheduled to take effect in August 2006 (reftel). However, Arias's recently asked for a delay in the implementation of the law until December 2007. Arias, as a presidential candidate when the law was passed, unsuccessfully urged then-President Abel Pacheco to veto the bill, citing fears that the bill would result in increased human rights abuses of illegal immigrants. Arias's Minister of Security, Fernando Berrocal, has declared the bill impossible to enforce, due to cost. Berrocal calculates that 600 new immigration police would have to be hired, new detention centers constructed, and large investments in technology and equipment would be needed to comply with the mandates of the new law. The estimated cost would be nearly 14 million dollars. ¶3. (U) Arias's call to delay the implementation appears headed for approval. The 17 members of the Citizen's Action Party (PAC) legislative deputies, complaining that the immigration law creates a "type of Gestapo," have committed to join the 25 deputies of Arias's National Liberation Party (PLN) to pass legislation that would delay the law. The six Libertarian Movement (ML) party members have no defined position. Only the Social Christian Unity party (PUSC) deputies have expressed disapproval of the law's delay. Passage of the law was one of the major legislative accomplishments of former President Abel Pacheco of PUSC. -------------- MORE THAN JUST LACK OF MONEY -------------- ¶4. (C) On June 30, poloff met with the new director of CRI, Mario Zamora. Zamora supported the law's delayed implementation, stating privately that corruption concerns were more compelling reasons than lack of resources for delaying the new law's implementation. He told poloff that his first priority as Director of Immigration will be to eliminate the corruption in his department, and that implementing the new program next month would be impossible given the current level of corruption. Zamora fears that the sweeping new powers the law gives CRI officials to impose large fines would be abused by corrupt officials who accept bribes to look the other way. The law would make opportunities for this kind of corruption a nation-wide phenomenon instead of the current situation where such opportunities are restricted to points of entry. He also added that enforcing this law in August, in the midst of the crucial legislative battles over fiscal reform and CAFTA ratification, would be very difficult politically for the Arias administration. According to Zamora, all sections of the law, including the new and relatively non-controversial penalties for human trafficking, would be delayed. Zamora does not expect the law to survive in its current form, especially the sections mandating heavy fines for those who hire or assist illegal immigrants in Costa Rica. -------------- COMMENT -------------- ¶5. (C) Director Zamora appears enthusiastic about fighting corruption within his department, and is optimistic that he can work with Second Vice-President Kevin Casas to reorganize CRI and terminate corrupt employees. He is young (36) and new to Costa Rican government, which may contribute to his idealism. During the meeting with poloff, he requested any assistance the USG could give him, especially technological resources. He indicated that he would be willing to offer Embassy officials greater access to CRI information. ¶6. (C) The law does appear to be unenforceable given the current levels of corruption within CRI and the distaste the Arias administration has for it. Unfortunately, a delay would affect those portions of the law which could have been useful in the fight against trafficking of persons through Costa Rica. END COMMENT. FRISBIE