Blog by Francesca Dumont, Junior Associate

“Juan Soto makes the catch! Ballgame over! American League Championship Series over! Yankees win! Thaaaaaa Yankees win!”

On Saturday, October 19, John Sterling made his infamous broadcast call as the New York Yankees clinched their spot in the 2024 World Series. Throughout their “Chase for 28” championship season, the Yankees relied heavily on the talents of right-fielder Juan Soto. Born in Santo Domingo, Dominican Republic, the 25-year-old has repeatedly proven himself in high-stakes games, excelling offensively and defensively.[1] His 2024 season numbers – a .288 batting average, 41 home runs, and 109 RBIs – are a testament to his skill and underscore the growing influence of international players in Major League Baseball (MLB).[2] However, despite such successes, international law and ongoing research highlight the urgent need for stronger protections for young, aspiring players from countries like the Dominican Republic.

Juan Soto’s journey began in 2015 when he signed with the Washington Nationals for $700,000, a modest sum in contrast to his future earnings.[3] Under the 2012-2016 Collective Bargaining Agreement (CBA), clubs like the Nationals could allocate funds to international prospects through slot values assigned to each player.[4] The current CBA, governing the 2022-2026 seasons, imposes spending caps and sets minimum bonus pools for international players.[5] This regulation impacts players like Soto, as Dominican prospects can secure substantial contracts if they meet the minimum age requirement of 16.[6] Soto’s rapid rise from joining the Nationals as MLB’s youngest active player at 19 to helping them secure a World Series title in 2019 illustrates the high reward for teams willing to invest in international talent.[7] His subsequent move to the San Diego Padres in 2022, with a $23 million contract, and later signing with the Yankees for $31 million, further highlights how lucrative the system can be for exceptional players.[8] For the Yankees, securing Soto’s talent was a critical move, contributing to their current success.[9]

However, the process that nurtures talents like Soto also raises serious concerns, particularly regarding the treatment of Dominican players within MLB’s draft and scouting system. Under MLB’s Rule 4 Draft, eligible players are drawn from the United States, Canada, and Puerto Rico, where educational standards, such as high school graduation or a year of junior college, are part of the eligibility requirements.[10] Dominican players, however, follow a different path. Often recruited by “buscones” (scouts) through local “programas” (programs), they sign short-term professional contracts instead of attending school.[11] Each year, approximately 2,000-4,000 young Dominican players participate in these programs, hoping to emulate the success of players like Soto.[12] Given the country’s poverty and education crisis, the allure of a potential MLB career offers a rare opportunity to escape hardship.[13]

Nevertheless, this success comes with a high cost. The Dominican Republic’s education system is one of the first casualties. While Dominican law mandates “free and compulsory education,” many boys are drawn away from school by the promise of a baseball career.[14] Principle 7 of the United Nation’s Declaration of the Rights of the Child, adopted by both the United States and the Dominican Republic, affirms that every child is entitled to receive at least an elementary state of education for their best interests and cultural well-being.[15] The intensive focus on baseball training often means that children sacrifice their education in pursuit of MLB dreams.[16]

Moreover, “programas” and baseball camps in the DR are organized either directly through the MLB or led by “buscones” and have been criticized for their lack of oversight and poor conditions.[17] As the Declaration of the Rights of the Child states in Principle 9, children shall be protected from all forms of neglect, cruelty, and exploitation.[18] Yet, some baseball academies, which should serve as nurturing environments, have instead been found to exploit the young talent they are supposed to develop.[19]

As Soto and the Yankees prepare for Game 1 of the World Series, fans anticipate his signature “Soto Shuffle” at the plate. While Soto’s career is a shining example of baseball’s opportunities, it also underscores the need for MLB and international organizations to closely examine the conditions in Dominican academies. The quest for free agency and a successful MLB career should not come at the cost of a child’s well-being or education. These academies should foster growth, not exploit potential, and MLB must prioritize player welfare over profit, ensuring that the path to greatness is fair and just for all.

[1] CBS Sports, https://www.cbssports.com/mlb/players/2507367/juan-soto/ (last visited Oct. 22, 2024).

[2] Id.

[3] Jesse Sanchez, Nats sign int’l free agent Soto for $1.5 million, MLB.com (Jul. 2, 2015) https://www.mlb.com/news/nationals-sign-dominican-outfielder-juan-soto/c-134216106.

[4] International Amateur Free Agency & Bonus Pool Money, MLB.com, https://www.mlb.com/glossary/transactions/international-amateur-free-agency-bonus-pool-money (last visited Oct. 22, 2024).

[5] Id.

[6] Id.

[7] Jamal Collier, Nationals call up Soto, youngest player in MLB, MLB.com, (May 19, 2018), https://www.mlb.com/news/nationals-call-up-teenage-prospect-juan-soto-c277498492.

[8] AJ Cassavell, Padres land Soto, Bell in blockbuster: ‘It’s going to be fun’, MLB.com, (Aug. 2, 2022), https://www.mlb.com/news/juan-soto-padres-trade; see also Bryan Hoch, Yankees get Juan Soto in blockbuster trade with Padres, MLB.com, (Dec. 7, 2023), https://www.mlb.com/news/juan-soto-yankees-trade.

[9] Hoch, supra note 8.

[10] Rule 4 Draft, MLB.com, https://www.mlb.com/glossary/transactions/rule-4-draft (last visited Oct. 22, 2024).

[11] Michael Lisman, Walk-off or Trade-off? Baseball and education in the Dominican Republic, The Dialogue, (Mar. 25, 2019), https://www.thedialogue.org/blogs/2019/03/baseball-education-dominican-republic/.

[12] Id.

[13] Id.

[14] Crystal Nieves Murphy, Striking Out: How the MLB’s Baseball Academies Interfere with Children’s Human Rights in the Dominican Republic, 26 Hum. Rts. Brief 77, 78 (2023).

[15] Id.; see also G.A. Res. 1386 (XIV), Declaration of the Rights of the Child (1959).

[16] G.A. Res. 1386, supra note 15.

[17] Vanessa Marie Zimmer, Dragging Their Devotion: The Role of International Law in Major League Baseball’s Dominican Affairs, 4 Nw. J. Int’l Hum. Rts. 418, 423-24 (2005).

[18] G.A. Res. 1386, supra note 15.

[19] Murphy, supra note 14 at 79.