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Lauren Witty
PS 321: American Foreign Policy
3/5/19
Professor Kier
Word Count: 3,336
Foreign Policy Memo

BACKGROUND:

Since the beginning of President Trump’s term, the United States has placed a focus on limiting

the number of immigrants present in the State. By proposing the elimination of many long

standing immigration policies, the Trump administration has faced domestic and global outrage.

One of these long standing policies that the Trump administration intends to terminate is

Temporary Protected Status (TPS). TPS is granted to certain countries after a catastrophic

disaster or conflict, and allows their citizens legal residence in the United States for a determined

time period. In 1999, Nicaraguans were granted TPS due to Hurricane Mitch, which destroyed

many villages throughout the country (Curbelo 2018). Since then, the Clinton, Bush, and Obama

administrations have extended the TPS of Nicaraguans thirteen times, allowing the survivors of

the Hurricane to remain in the United States for almost twenty years (United States 2018).

However, in 2018, the Trump administration announced their decision to terminate TPS,

notifying the 5,000 Nicaraguans who live and work in the United States that they had 12 months

until their legal status was revoked.

However, the Nicaraguans who are at risk of being deported, also face returning to a

dangerous nation in which they could potentially be targeted. In April of 2018, college students

and elderly residents took to the streets of Nicaragua to peacefully protest the government’s lack

of concern for the environment, and their proposed plan for the reduction of pension payments.
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During the protests, the President of Nicaragua, Daniel Ortega, felt that they were threatening his

regime, and he responded violently, killing 322 innocent civilians, and jailing many more

(Robles 2018). Since then, the Ortega regime has adopted “Operation Cleanup,” in which his

military sweeps innocent villages, murdering or imprisoning those who might be connected to

the opposition (Office 2018). This systematic targeting of any opposition to Ortega leaves many

TPS recipients in a dangerous position, as their futures are subject to the whims of the Trump

administration.While the court case, ​Ramos v. Nielsen, ​determined by the United States District

Court for the Northern District of California, has ruled that the termination of TPS violated the

Administrative Procedure Act, the Trump administration has filed an appeal (Update 2018). The

decision to move forward with the appeal or to extend TPS will show the rest of the world the

priorities of the United States, and could influence the US’s global position.

RECOMMENDATION:

In order to conform to the liberal assumptions of the world, the United States should drop their

appeal of ​Ramos v. Nielsen​. By dropping the appeal, the Department of Homeland Security

would therefore extend TPS, declaring a new time period in which Nicaraguans can remain in

the United States. This extension should last until the political tension in Nicaragua has

dissolved, giving all of the TPS recipients ample time to get their affairs in order and protecting

them from potentially dangerous situations. The Department of Homeland Security should

extend TPS multiple times if the situation in Nicaragua does not improve, it proves dangerous for

TPS recipients to return, or if Nicaragua remains in a state where it is unable to accept an influx

of people.
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According to Liberalism, the United States should follow this course of action in order to

abide by the norms of international society. Generally, if a leader is purposely oppressing their

citizens, the international community stands up and releases statements condemning the leader’s

actions. The international community will also act to prevent what the leader is doing, through

reasonable methods that do not deplete their own nation’s resources. This can be through the

form of sanctions, support for opposition, or aid to those oppressed. These actions are common

among a variety of nations, as many leaders feel the need to follow the norm of preventing the

actions of dangerous leaders in other states. While the United States has condemned the actions

of the Ortega regime by stating that, “​President Ortega and Vice President Murillo are ultimately

responsible for the pro-government parapolice that have brutalized their own people,” the White

House has failed to conform to the international norm of preventing these oppressive actions

through reasonable policies (Statement 2018). The Trump administration has attempted to make

it appear that they are conforming to the norm by condemning Ortega, implementing sanctions

on prominent Nicaraguan officials, and by providing aid to the citizens of Nicaragua (Malkin

2018). However, Trump’s stance on TPS plays right into Ortega’s hands. Ortega’s “Operation

Cleanup” thrives on eliminating those that oppose his regime, or have affiliations with those that

stand against him. All of the TPS recipients have lived in the United States for twenty years,

assimilating into American culture through work, homeownership, and dedication to their

communities (Kopan 2018). These recipients will automatically be seen as opposition to the

Ortega regime, simply because they have been a part of the United States for a prolonged period

of time. Upon being deported, all of the TPS recipients will be targeted, and most likely

incarcerated or killed for their sympathy with the United States. While the Trump administration
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is making it appear that the United States is following the international norm of protecting those

being oppressed by dangerous leaders, their indirect actions through immigration policy are

reverting their efforts against Ortega. In order for the United States to remain a part of

international society, they must abide by all of the norms, meaning that they must take all

reasonable actions against Ortega’s regime. By dropping the appeal against ​Ramos v. Nielsen,​ the

United States will be able to save the 5,000 Nicaraguan TPS recipients from potential danger,

properly delegitimize Ortega's regime, and continue to remain a part of international society.

The issue of TPS is also a moral inquiry. As a great State, with an incredible arsenal of

resources, the United States has a moral obligation to support the people of other, politically

volatile, nations. Therefore, the United States should follow the logic of appropriateness, and

thoroughly examine its place and responsibilities in international society before making a

decision about appealing ​Ramos v. Nielsen. ​As a State that has always advocated for democracy,

the United States faces an obligation to ensure that constituents that desire democracy are not

condemned for their beliefs. Currently, Nicaragua defines itself as a democracy. However,

Ortega has gained supreme control of the nation by appointing all of his family members to

positions of power, manipulating elections, and systematically destroying all checks and

balances (Robles 2018). Ortega currently maintains a supermajority in the National Assembly,

allowing him to change any law, including the constitution, at his will. He has also adopted the

power to influence court rulings of the judicial branch, granting him supreme control over the

government of Nicaragua (US Relations 2019). The opposition to Ortega simply wants to

eliminate this abuse of power, and is advocating for a proper democracy. All of Ortega’s actions

are in direct violation of the ideals of democracy, yet the United States is failing to prevent the
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escalation of Ortega’s actions by potentially granting him access to those he wishes to persecute.

Even though the United States has applied sanctions to prominent figures in the Nicaraguan

government, and released statements condemning Ortega, they have failed to recognize those

most affected: the people. Democracy is about highlighting the voice of the people, and bringing

them into the political sphere. By focusing on the people, by supporting them through the

extension of TPS, the United States can act in a manner that will symbolize the power of

democracy in the global sphere. The extension of the TPS of Nicaraguans can actually strengthen

international society, as it will bring together all democratic ideals, forming new transnational

advocacy networks that unite people around the world through the power of democracy.

Therefore, the extension of TPS will prevent Ortega from oppressing more of his opposition,

while strengthening the United States’ ties within international society. By utilizing the law of

appropriateness, the United States can begin to realize the global implications of their actions,

and that the extension of TPS is the morally and democratically correct action to pursue.

The United States must also recognize the legitimacy of international organizations in

order to maintain a prominent role in international society. After the protests had occurred, the

United Nations High Commissioner for Refugees (UNHCR) issued a statement encouraging

nations to open their borders to those affected by the political violence in Nicaragua, as they

faced close to 25,000 Nicaraguans applying for asylum (Cumming-Bruce 2018). In their call for

aid, the UNHCR cites the obligation that nations have “​not to turn back at the border or expel

from the territory any person claiming a risk of serious harm.” The UNHCR also pressured

nations to “abide by international and Inter-American standards on the treatment of

asylum-seekers” (Guidance 2018). By using this language, the UNHCR has highlighted the
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United States, requesting that an action be taken that will positively impact the livelihoods of

those associated with the Nicaraguan political crisis. The United States plays a vital role in

international society, as it has a multitude of available resources that can be utilized to establish

stability and enforce basic human rights upon oppressive governments. Therefore, the United

States has a moral obligation to follow these instructions, set forth by the UNHCR, and promote

their beliefs in order to generate peace. By even considering eliminating the TPS of

Nicaraguans, the United States has also directly disobeyed the wishes of the UNHCR, therefore,

showing a lack of respect for international norms and institutions. Disrupting the policies set

forth by international institutions only creates chaos, and a lack of communication within

international society. It can also have the adverse effect of convincing other countries that they

too do not need to follow the norms and guidance set forth by prominent institutions. In order to

achieve progress in society, the United States must work with these international institutions,

adopting policies derived by transnational advocacy networks, encouraging participation in

international institutions, and building connections with people from other states. By inferring

that the power of international institutions are irrelevant, the United States opens the world to

chaos, as the power of the international norm is diminished. In order to maintain order within

international society, the United States must conform to the UNHCR’s requests, extending TPS,

and protecting the sanctity of international institutions.

CRITIQUE:

While the extension of TPS of Nicaraguans remains a contentious issue within the government of

the United States, both realists and liberalists would agree that it is necessary for the Trump

administration to drop their appeal to ​Ramos v. Nielsen.​ However, even though both schools of
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thought would advocate for the extension of TPS, they do not share the same reasoning behind

this policy change. While the extension of TPS obviously has severe implications to the stability

of international society, it also directly affects the relative power of the United States. In order to

maintain the balance of power in this anarchical world, realists would argue that the extension of

TPS is necessary, as it would validate the cohesiveness of the US government, while preventing

other nations from gaining too much influence in Central America.

Power is not simply defined as physical and military capabilities. Power also comes from

how other countries perceive one nation and its domestic stability. Without a strong government,

support from constituents, and cohesiveness between branches of government, other nations can

manipulate the political chaos in one nation in order to gain an advantage over that state. In the

midst of the decision whether or not to extend the TPS of Nicaraguans, the United States finds

itself falling into this power vacuum, becoming increasingly vulnerable to the whims of other

states as the chaos unfolds. The contentious debate surrounding TPS has torn the government

into two different blocs, facing each other in an ideological standoff (Bailey 2018). On July 26th,

2018, seven members of Congress wrote a letter to the executive branch, highlighting the United

States’ obligation to protect people facing political violence, but also addressing the mixed

messages being sent by the branches of the government. These Congress members cited the

statements made by the executive branch that condemned Ortega’s actions, while emphasizing

the hypocrisy of the executive branch’s actions (Curbelo 2018). These contradictions leave other

nations confused about the intentions and stability of the United States. If the government cannot

agree that the protection of democracy and those politically oppressed are essential to the ideals

of the US, they are unlikely to be able to deal with current global crises. This weakness within
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the government allows other nations to take advantage of the chaos, as the US might not notice

or be able to prevent them from enacting policies that encroach on the power of the United

States. If the branches of government were able to unite around the value of human lives, then

they would be able to protect the power of the United States relative to other nations. Ultimately,

the extension of TPS will maintain the balance of power within the international system,

preventing other nations from making any gains relative to the power of the United States.

The United States’ decision to neglect the people of Nicaragua allows Russia to gain

more influence and power within Central America. Russia already has a long and complicated

history within Nicaragua, since the nation served as a pawn during the Cold War. In the midst of

the Cold War, the United States made the decision to support the Nicaraguan dictatorship led by

the Somoza family, while both the USSR and Cuba aided the opposition, rebel, Sandinista group.

The Sandinista movement proved victorious during the Cold War, removing the Somoza family

from power, and instating Ortega as the President of Nicaragua (Reimers 2002). Today, Russia

still supports the Ortega regime, as they have begun the process of selling tanks, troops and

weapons to the Nicaraguan government, while also providing aid to build facilities to counter

Central American drug trafficking. Similarly, in 2015 the Sandinista controlled Nicaraguan

Parliament passed legislation that allows Russian warships to reside in Nicaraguan ports.

Russia’s increase in power within Central America since the Cold War should be seen as a threat

to the United States, as they are attempting to extend their influence in order to encroach on the

borders of the United States (Partlow 2017). These actions, masterminded by Russia, could be a

response to NATO expansion and the United States’ decision to increase their military presence

within Central and Eastern Europe. The increase of military presence by both Russia and the
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United States illustrates the dangers of the security dilemma, and must be diffused before another

power competition between the two states begins. One way that the United States can prevent

Russia from gaining any more influence is by extending the TPS of Nicaraguans. By dropping

the appeal to ​Ramos v. Nielsen​, the United States can begin to gain the trust and support of the

opposition to Ortega’s regime. The extension of TPS will indicate that the United States stands

with democracy and the people of Nicaragua, and that they are willing to support new forms of

democracy within the nation. Gaining support within Nicaragua will also inherently decrease the

support for Russia, allowing for the United States to regain some power within Central America.

Simply by changing a domestic policy, the US can inconspicuously begin to remove Russian

power and influence within Central America. This policy change will allow the United States to

gain more relative power within the region, and will ultimately restore the balance of power

within the Americas.

However, the conflict within Nicaragua does not directly impact the power of the United

States, as Russian influence remains very small within the nation. Instead of focusing on the

political violence in Nicaragua, Realists would argue that the United States needs to center their

priorities around the crisis in Venezuela. Venezuela poses a bigger threat to the United States,

due to its large supply of resources and Russia and China’s ties to the State (Seligman). By

splitting priorities within the government, the United States might be spreading itself too thin.

This could be detrimental to the power of the United States within Central and South America,

because it could allow Russia and China to influence other nations without the United States’

cognizance. By focusing on a smaller policy, with seemingly more domestic implications,

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Realists would argue that the United States would be wasting their resources, and that, instead,

all attention should be diverted to Venezuela in order to preserve American power.

While both ideologies would argue for the extension of TPS, they vary in their decisions

about when and why to enact this policy. Realists see the world by analyzing power and the

dynamics that accompany it. An issue as small as the extension of TPS for the economically

insignificant nation of Nicaragua should not be a priority for the United States, especially in a

world with so many other major threats. Just because a policy would uphold a system of morality

and unity between nations does not mean that it is of the utmost importance. The United States

should focus on the main power threats, such as Venezuela, before moving forward with the

extension of TPS.

RETORT

Even though both ideologies recommended the same policies, there are still significant

differences about the implementation of the extension of TPS of Nicaraguans. Liberalists would

argue that none of this is about power or selfish gain, but about the moral obligation that all

nations have to promote and protect human rights. Therefore, it would not make sense to

prioritize the events in Venezuela over the crisis in Nicaragua. The United States is capable of

multitasking, and can protect the lives of all those facing political oppression in the Americas.

By waiting until the Venezuelan crisis simmers down, the United States will show that it has a

lack of moral integrity, as the international system will see the US as a selfish, power obsessed,

nation. The only way for the United States to remain a part of international society is if they

show that they value human rights, and will uphold international norms for moral reasons, not in

order to increase power and influence abroad. By extending TPS as soon as possible, the United
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States will illustrate their desire to protect basic human rights and maintain their position within

international society.

If the United States conforms to Realism, they will also lose their influence within

international institutions, such as the United Nations. Since the UNHCR requested that the

United States provide safety for Nicaraguans months ago, just extending the decision about TPS

will further delegitimize the power of international institutions. Due to this, the United States

might lose their legitimacy within international society, and may not be given the same respect

within international institutions. The United Nations is a large body, composed of a variety of

different nations. If the United States chooses not to follow the recommendations made by the

UN, other states can create blocs that undermine American interests. This could be detrimental to

the US, as other states could develop resolutions that do not pertain to the needs of the United

States, and the US could lose some of its sway within the institution. This loss of power within

international society is not worth the risk, so it would be in the United States’ best interest to

immediately drop their appeal to ​Ramos v. Nielsen, a​ nd abide by the UNHCR’s request.

Extending the TPS of Nicaraguans is in the immediate interest of the United States, and

should be enacted in order to preserve democracy, human rights, and international stability. Even

two greatly different ideologies of foreign policy would agree that the extension of TPS must be

enacted in order to preserve the status of the United States within society. Ultimately, the

extension of the TPS of Nicaraguans proves to be beneficial to the integrity, international role,

and preservation of power of the United States, and therefore should be enacted.
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*NOTE:
On February 28th, 2019, the Department of Homeland Security decided to drop their appeal to ​Ramos v.
Nielsen,​ extending the TPS of Nicaraguans until January 2020 (Miroff 2019). By this time, I had already
begun my research and writing of this memo, so I was unable to switch topics in order to write my memo
about a foreign policy that had not already been enacted. I talked to Professor Kier about this dilemma,
and she told me to continue writing my paper, and to write a note on my memo that this had occurred.

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