Immigration

The 2017 Fugitive Slave Act

Posted on September 8, 2017. Filed under: Civil Rights, Immigration, Slavery, What History is For | Tags: , , |

We’re re-running this post because, sadly, it is more relevant than ever after the blow to DACA this past week. People who participate in DACA give all of their information (country of birth, birth date, any IDs like a driver’s license, home address, relatives’ names and addresses, etc.) to the federal government in return for its aid. Now that information might be used against them, to locate and deport them and their families. It’s one more way in which a federal act filters down to local law enforcement, which filters down to all of us, just as the 1850 Fugitive Slave Act did:

 

We’re interrupting our series on Barack Obama’s Farewell Address once again, but this time not because it was removed from whitehouse.gov, along with pages on civil rights, healthcare, and climate science, by the Trump Administration. Instead, we are struck by how much the war on Latin American immigrants (and this one group is the real focus of  anti-immigrant activism in this country) reminds us of the 1850 Fugitive Slave Act (also known as the Fugitive Slave Law).

We learn about the FSA when we learn about the Compromise of 1850, of which it was a part. To pacify proslavery forces who were angry that California was allowed to enter the Union as a free state, the Compromise allowed slaveholding and trading to continue in Washington, DC, and upheld the “rights” of slaveholders to their “property”—enslaved people—throughout the Union.

This meant that if you lived in, say, Wisconsin, and had voted to pass personal liberty laws in your state outlawing slavery, those laws were overturned. Slavery would be upheld in “free” states, because slaveholders were allowed to enter free states and reclaim escaped people, and even pick up black citizens who had never been enslaved—the word of the slaveholder was accepted over the word of the black citizen and even the white citizens of the state. Whites were forced by the law to help slave-catchers, they were fined and jailed for failing to do so, or for helping an escapee, and whites were forced to live with the rescinding of the personal liberty laws they had voted for on a state level. Thus, slavery was basically enforced in every state of the Union, and outrage over this was expressed by many Northerners who had previously been publicly neutral about slavery.

If the Fugitive Slave Act was all about enslaved blacks, asked Northerners, why was it fining, jailing, and threatening free whites? Why did it seem to focus just as much on attacking the liberties of northern white citizens as it did on preventing black Americans from gaining their liberty? It was just another example of the slave power perverting democracy and threatening free government.

When we hear people today, in 2017, talking about the laws and acts they are going to put in place to stop the alleged democracy-killing overflow of Spanish-speaking immigration to the United States, they sound a lot like people who would have liked the Fugitive Slave Act. Here is an NPR interview with Brandon Judd, president of the union that represents U.S. Border Patrol agents, the National Border Patrol Council, which endorsed Trump during the campaign, from yesterday:

INSKEEP: What do you think about the president’s effort to compel, if he can, local and state authorities to be more helpful to the Border Patrol and immigration authorities in doing their jobs and rounding up people who are here illegally?

JUDD: Well – so my understanding is that he’s not compelling them to help us round them up. But what he is saying is if they come in contact, if a police officer, say, from Phoenix Police Department – if a police officer from the Phoenix, Ariz., police department comes in contact with somebody that he knows is here or suspects that is here illegally, then his responsibility is to contact an immigration enforcement officer to come in and find out. It’s the same with me. As a Border Patrol agent, if I make a vehicle stop and I find that illegal activity is taking place outside of the laws that I enforce…

INSKEEP: Drunk driver for example.

JUDD: Exactly – it’s my responsibility to call the local law – the local law enforcement so that they can come out and take care of the problem.

INSKEEP: Are we not actually arguing about that much then? Because there are local authorities who are saying, yeah, yeah, if we find somebody who’s obviously in violation, we have to turn them over, but we do not want to make that our job. We don’t want it to be our job to seek them out or to hold people when otherwise there would not be reason to hold them.

JUDD: And it’s not going to be their job. It’s not going to be their job to go seek out illegal immigrants in the United States. That is immigrations officers’ jobs and it’s not theirs. But if they do come in contact with people that are in the country illegally, they should have a responsibility and duty to report people that are breaking the law.

Judd’s statements are disingenuous. How would that police office in Phoenix “know” that someone he meets is “here illegally” without a mechanism in place to track all immigrants and make their data available at all times to police, and require the police to consult it? There’s no way to “know” someone is a legal immigrant or not without looking up their information, which means asking/forcing the person you have “come in contact with” to give you their name, address, etc. And of course, “come in contact” with is blandly disingenuous as well: when do police officers “come in contact” with people? We’d wager that 95% of the time it’s by stopping them on the premise of a violation of the law. Judd himself puts contact in the context of a vehicle stop. So already we have a question of who is being stopped and why which has, of course, been asked for over a century in this country, beginning with black Americans stopped by police for no reason and extending to brown Americans getting the same treatment.

The reporter’s characterization of police officers resisting being turned into immigrant-catchers is in line with all white Americans being forced into being slave-catchers in 1850. Judd says it won’t be the police officer’s job to “seek out illegal immigrants”, but reiterates that police officers who don’t turn in people who are here illegally are violating their duty and the law. If you get in trouble for failing to do something, you will find ways to do it. If police officers will be sanctioned for failing to turn in illegal immigrants, they will begin turning in illegal immigrants. They will look at the data, identify people here illegally in their cities and towns, stop them on another pretext, and turn them in.

And if the police must do this, eventually they will enlist the general public in helping them to do this. They will paint all immigrants here illegally as murderers, as Judd does later in the interview by saying “I think the country is going to be a lot safer. I really do, yes, absolutely. I mean, I was there with what they call the angel families, families that had children that were killed by persons that were in the United States illegally.” And once all illegal immigrants are child-murderers, it will be against the law not to seek them out and turn them in, for everyone.

And then we are all slave-catchers.

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The 2017 Fugitive Immigrant Act

Posted on January 27, 2017. Filed under: Civil Rights, Immigration, Slavery | Tags: , , , , |

We’re interrupting our series on Barack Obama’s Farewell Address once again, but this time not because it was removed from whitehouse.gov, along with pages on civil rights, healthcare, and climate science, by the Trump Administration. Instead, we are struck by how much the war on Latin American immigrants (and this one group is the real focus of  anti-immigrant activism in this country) reminds us of the 1850 Fugitive Slave Act (also known as the Fugitive Slave Law).

We learn about the FSA when we learn about the Compromise of 1850, of which it was a part. To pacify proslavery forces who were angry that California was allowed to enter the Union as a free state, the Compromise allowed slaveholding and trading to continue in Washington, DC, and upheld the “rights” of slaveholders to their “property”—enslaved people—throughout the Union.

This meant that if you lived in, say, Wisconsin, and had voted to pass personal liberty laws in your state outlawing slavery, those laws were overturned. Slavery would be upheld in “free” states, because slaveholders were allowed to enter free states and reclaim escaped people, and even pick up black citizens who had never been enslaved—the word of the slaveholder was accepted over the word of the black citizen and even the white citizens of the state. Whites were forced by the law to help slave-catchers, they were fined and jailed for failing to do so, or for helping an escapee, and whites were forced to live with the rescinding of the personal liberty laws they had voted for on a state level. Thus, slavery was basically enforced in every state of the Union, and outrage over this was expressed by many Northerners who had previously been publicly neutral about slavery.

If the Fugitive Slave Act was all about black slaves, asked Northerners, why was it fining, jailing, and threatening free whites? Why did it seem to focus just as much on attacking the liberties of northern white citizens as it did on preventing black Americans from gaining their liberty? It was just another example of the slave power perverting democracy and threatening free government.

When we hear people today, in 2017, talking about the laws and acts they are going to put in place to stop the alleged democracy-killing overflow of Spanish-speaking immigration to the United States, they sound a lot like people who would have liked the Fugitive Slave Act. Here is an NPR interview with Brandon Judd, president of the union that represents U.S. Border Patrol agents, the National Border Patrol Council, which endorsed Trump during the campaign, from yesterday:

INSKEEP: What do you think about the president’s effort to compel, if he can, local and state authorities to be more helpful to the Border Patrol and immigration authorities in doing their jobs and rounding up people who are here illegally?

JUDD: Well – so my understanding is that he’s not compelling them to help us round them up. But what he is saying is if they come in contact, if a police officer, say, from Phoenix Police Department – if a police officer from the Phoenix, Ariz., police department comes in contact with somebody that he knows is here or suspects that is here illegally, then his responsibility is to contact an immigration enforcement officer to come in and find out. It’s the same with me. As a Border Patrol agent, if I make a vehicle stop and I find that illegal activity is taking place outside of the laws that I enforce…

INSKEEP: Drunk driver for example.

JUDD: Exactly – it’s my responsibility to call the local law – the local law enforcement so that they can come out and take care of the problem.

INSKEEP: Are we not actually arguing about that much then? Because there are local authorities who are saying, yeah, yeah, if we find somebody who’s obviously in violation, we have to turn them over, but we do not want to make that our job. We don’t want it to be our job to seek them out or to hold people when otherwise there would not be reason to hold them.

JUDD: And it’s not going to be their job. It’s not going to be their job to go seek out illegal immigrants in the United States. That is immigrations officers’ jobs and it’s not theirs. But if they do come in contact with people that are in the country illegally, they should have a responsibility and duty to report people that are breaking the law.

Judd’s statements are disingenuous. How would that police office in Phoenix “know” that someone he meets is “here illegally” without a mechanism in place to track all immigrants and make their data available at all times to police, and require the police to consult it? There’s no way to “know” someone is a legal immigrant or not without looking up their information, which means asking/forcing the person you have “come in contact with” to give you their name, address, etc. And of course, “come in contact” with is blandly disingenuous as well: when do police officers “come in contact” with people? We’d wager that 95% of the time it’s by stopping them on the premise of a violation of the law. Judd himself puts contact in the context of a vehicle stop. So already we have a question of who is being stopped and why which has, of course, been asked for over a century in this country, beginning with black Americans stopped by police for no reason and extending to brown immigrants getting the same treatment.

The reporter’s characterization of police officers resisting being turned into immigrant-catchers is in line with all white Americans being forced into being slave-catchers in 1850. Judd says it won’t be the police officer’s job to “seek out illegal immigrants”, but reiterates that police officers who don’t turn in people who are here illegally are violating their duty and the law. If you get in trouble for failing to do something, you will find ways to do it. If police officers will be sanctioned for failing to turn in illegal immigrants, they will begin turning in illegal immigrants. They will look at the data, identify people here illegally in their cities and towns, stop them on another pretext, and turn them in.

And if the police must do this, eventually they will enlist the general public in helping them to do this. They will paint all immigrants here illegally as murderers, as Judd does later in the interview by saying “I think the country is going to be a lot safer. I really do, yes, absolutely. I mean, I was there with what they call the angel families, families that had children that were killed by persons that were in the United States illegally.” And once all illegal immigrants are child-murderers, it will be against the law not to seek them out and turn them in, for everyone.

And then we are all slave-catchers.

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Truth v. Myth: Illegal immigrants must be stopped!

Posted on September 1, 2016. Filed under: Immigration, Politics, Truth v. Myth | Tags: , , , |

In light of the continuing legal concern with illegal immigration, most notably the anti-immigrant threats currently being voiced by Donald Trump, we’re re-posting a Truth v. Myth staple on immigration and why it is now so often illegal.

Most of us have ideas on how to fix illegal immigration, but we never stop to ask why illegal immigration is now so common, but never was before. Americans have always tried to stop certain types of immigrants—Irish, Chinese, Jewish, etc.—but you will not find battles over illegal immigrants (except when people from those banned groups somehow got into the country). There was no such issue, really, as “illegal immigration” throughout our long history of immigrants. So why is it such an issue today?

The single answer is that we now make it much harder to become a legal immigrant than we have ever done before. That’s it. It’s not that today’s immigrants are more criminal. It’s not that our own sainted immigrant ancestors were more law-abiding. It’s simply a matter of changing the law to make it harder to become a citizen, a process put in motion after WWII.

So here’s the original post, with a few new additions:

Myth: Immigration used to be good, but now it is bad.

Supporting myth:  Today immigrants are shiftless, lazy, and/or criminal, whereas they used to be hardworking people trying to make a better life for their children.

“Proof” of myth: Immigrants today don’t bother to learn English, want Spanish to be the official language of the U.S., refuse to become legal U.S. citizens, working here illegally instead, and constantly enter the U.S. illegally without even trying to become citizens because they want a free ride without paying taxes.

You know what we so often hear when Americans talk about immigration now?

1. They support anti-immigration laws.

2. Sure, their ancestors were immigrants, and they’re proud of that.

3. But their ancestors “followed the rules,” and therefore deserved to be here, while

4. Immigrants today have not followed the rules, and therefore do not deserve to be here.

This is a powerful myth. It seems to ring true. But do you know what the “rules” were for immigrants coming through Ellis Island for so many years? Look healthy and have your name listed on the register of the ship that brought you. That was it. “If the immigrant’s papers were in order and they were in reasonably good health, the Ellis Island inspection process would last approximately three to five hours. The inspections took place in the Registry Room (or Great Hall), where doctors would briefly scan every immigrant for obvious physical ailments. Doctors at Ellis Island soon became very adept at conducting these ‘six second physicals.’

When one of the HP visited the Ellis Island museum in 1991, they saw a film that said you also had to provide the address of a friend, sponsor, or family member who would take you in. And off you went.

So we can’t really hand out prizes to past immigrants who followed those rules. They were pretty easy to follow. If that’s all we asked of Mexican immigrants today, we wouldn’t have illegal immigrants.

Immigrants today are faced with much more difficult rules. In other words, they actually face rules.

Go to Google and type in “requirements for U.S. citizenship.” It’s hard to say how many million pages come up. You petition for a Green Card—or rather, you have a family member already in the U.S. or a U.S. employer become your petitioner, and fill out the visa petition. Your employer-petitioner has to prove a labor certificate has been granted, that you have the education you need to do the job, that s/he can pay you, etc.

Then you’re on the waiting list—not to get a Green Card, but to apply for a Green Card.

One could go on and on. Basically, it’s much harder to get into the U.S. today and to become a citizen than it was when most white Americans’ ancestors came through.

The real problem with immigrants today is the same as it was in 1840: each generation of Americans hates and fears the new immigrants coming in. In the 1850s, the Irish were the scary foreigners destroying the nation. In the 1880s it was the Italians. Then the Chinese, then the Eastern Europeans, then the Jews, now the Mexicans.

Each generation looks back to earlier immigrants as “good,” and views current immigrants as bad. In the 1880s, the Irish were angry at the incoming Italians. In the 1900s, the Italians were banning the Chinese from coming in. As each immigrant group settles in, it tries to keep the next group out.

It’s really time we ended this cycle. Here are some quick pointers:

1. Latin American immigrants are not qualitatively different than previous European immigrants.

2. Spanish-speaking immigrants do NOT refuse to learn English; in fact, the children of Spanish-speaking immigrants are less likely to speak the old language than the children of other groups (that is, more children of Chinese immigrants speak Chinese than children of Mexican immigrants speak Spanish).

3. Your European immigrant ancestors honored nothing when they came to the U.S. but their desire to be here. They didn’t anxiously adhere to “the rules.” They did the bare, bare minimum that was asked of them, which was easy to do.

4. If we reverted to our earlier, extremely simple requirements for entering the country and becoming a citizen, we would not have illegal immigrants. If we choose not to go back to the earlier requirements, we have to explain why.

The usual explanation is that if we made it as simple now as it once was to enter this country and become a citizen, the U.S. would be “flooded” with “waves” of Latin Americans, poor and non-English-speaking, ruining the country. Which is exactly the argument that has always been made against immigrants, be they Irish, German, Italian, Chinese, Japanese, etc. Each group is going to destroy the country and American culture and society. It never seems to happen.

But it might happen now, with Latin American immigrants, not because they will destroy the country but because those in the U.S. who are so afraid of them will rip the country apart trying to keep them out. Taking the long view, I can say there’s hope that that won’t happen. But it will take a good fight to get all Americans to realize that the key to this nation’s success has always been the open-door policy.

Immigration will always be with us—thank goodness! The only informed position on the challenges it poses is a historically informed position.

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Immigrants: Still scary-looking, still okay

Posted on August 26, 2016. Filed under: Immigration, Politics | Tags: , , |

We’re re-running this post in light of the questions about candidate Trump’s immigration policy, as a reminder that “extreme vetting” would have deprived us of millions of new Americans, perhaps including Trump’s own immigrant ancestors, had it been in place early in the 20th century.

 

A while back we showed some photos from the wonderful Washington Post feature “What America’s immigrants looked like when they arrived on Ellis Island”. It’s a collection of  photos taken by Augustus herman at Ellis from 1892-1925. Sherman was the chief registry clerk at the immigration station.

Here’s what we said at the time:

His photos are wonderful because most of them show people dressed in their very best clothing, usually traditional clothes. While immigrants at that time traveled in their regular clothes because they knew the trip in steerage was dirty, they brought their best clothes to put on once they arrived at Ellis Island so that they would seem like presentable people who were a) not poor and b) good citizen material. They dressed to impress, and they had plenty of time to change during the long waiting periods between landing at the dock and being processed.

Adults and children alike were decked out in elaborate clothes. Women must have been sewing for months to create these wonderful ensembles. As the site points out, seeing these people reminds us that America has long been a place where a multitude of cultures mix on the streets, in schools, at work and at play. While immigrants did not wear these magnificent dress pieces every day, they did leave Ellis and make their way in America with them on, and brought them out on special occasions, making America a bottomless reservoir of cultural identity and expression.

It would be great if someone would create a similar archive of 21st-century immigrants.

And then we showed some of the photos. At the time, we were just enjoying the window onto the past they provided. But with all the (usual) scaremongering talk about immigrants that was generated by the Syrian refugees, we suddenly thought of them in a new way.

Look at this woman from “Ruthenia” (today’s Belarus and Ukraine):

Ruthenian-woman

Would this woman pass the very, very difficult screening process we have in place for refugees and be allowed into the U.S. today? It doesn’t seem likely. Headscarf, ethnic clothing… looks like a terrorist.

In fact, all the women wore headscarves:

Slovak-woman-and-child

 

 

Three-Dutch-women

If headscarves are a red flag, these Slovakian and Dutch women would be held up for quite a while if they were screened today.

And what about these women?

They wear headscarves and have strange looks in their eyes; the one on the left seems pretty angry. Both of them were likely deeply committed to a religion that most native-born white Americans rejected as foreign and dangerous to the U.S. government and American Way. Yes, they were Italian Catholics who whisked into this country without anyone checking to see if they were terrorists. This at a time when the U.S. government was actually suspicious of Catholics as agents of the Pope. Yes, the Immigration Act of 1924 would limit the number of southeast European Catholics (and Jews) who could enter the country, but they were never banned altogether.

This Algerian man would likely not get into the U.S. today dressed like this. Yet he successfully entered the country a century ago, and likely lived a quiet life. His descendants are probably living quietly in the U.S. today.

Algerian-man

What about this guy?

A-German-stowaway

No way, right? But this German man successfully entered the country, likely with no more screening than the usual six-second physical at Ellis Island.

This Russian soldier seems fairly menacing:

Cossack-man-from-the-steppes-of-Russia

Are those bullets of some kind on his jacket? That seems like a knife in his belt. Whatever he’s holding—club, sword—is also pretty violent-looking. This man came to America loaded for bear. But he got in, and you know that he got his picture taken because of his “colorful outfit”.

We just weren’t scared of people like this a century ago because we assumed that anyone who came to America would see that it was the greatest society on Earth and toe the line. We believed that our society was strong enough to take in disparate peoples and turn them into Americans. We believed our society was appealing enough to win over our immigrants and make them real Americans who would live and die for their new country.

When did we lose that faith in ourselves? When did we decide that every single immigrant, man, woman or child, was a threat powerful enough to bring down our whole system and way of life? Why did we decide it? There have been acts of terrorism in this country before 2001, and they were usually (and usually wrongly) blamed on immigrants (think Haymarket). And we’ve passed stupid laws banning certain “undesirable” immigrants: the Chinese, the Japanese, southeastern Europeans (read Jews and Catholics). But the panicky idea that all immigration is a threat, that no one should be allowed into the country unless they’re white people from Europe, that every immigrant and even every refugee must go through the most rigorous, nay impossible screening process imaginable, is recent.

Here’s a rundown of what war refugees must do if they want to enter the U.S. today, courtesy of John Oliver:

Look, it is difficult to vet people coming out of a war zone, but it’s not like we’re letting just anyone in. We are the United States of America, not Arizona State. Because just for the record here, let me just walk you through what our screening process actually is.

If you’re a refugee, first, you apply through the United Nations’ High Commissioner for Refugees, which collects documents and performs interviews. Incidentally, less than one percent of refugees worldwide end up being recommended for resettlement.

But if you’re one of them, you may then be referred to the State Department to begin the vetting process. At this point, more information is collected, you’ll be put through security screenings by the National Counterterrorism Center, the FBI, and the Department of Homeland Security. And if you’re a Syrian refugee, you’ll get an additional layer of screening called the “Syria enhanced review,” which may include a further check by a special part of Homeland Security, the USCIS Fraud Detection and National Security Directorates.

And don’t relax yet, because we’ve barely even started. Then, you finally get an interview with USCIS officers, and you’ll also be fingerprinted so your prints can be run through the biometric databases of the FBI, the Department of Homeland Security, and the Department of Defense.

And if you make it through all that, you’ll then have health screenings which, let’s face it, may not go too well for you, because you may have given yourself a stroke getting through this process so far. But if everything comes back clear, you’ll be enrolled in cultural orientation classes, all while your information continues to be checked recurrently against terrorist databases to make sure that no new information comes in that wasn’t caught before.

All of that has to happen before you get near a plane.

This process typically takes 18 to 24 months once you’ve been referred by the U.N. to the United States.

This is the most rigorous vetting anyone has to face before entering this country. No terrorist in their right mind would choose this path when the visa process requires far less efforts. But nevertheless, the House still voted on Thursday to add a few more steps.

It doesn’t seem likely that anyone in the photos above would have entered the U.S. under those conditions. And that would have been a terrible injustice. Not every immigrant is an angel. That German guy probably got into a lot of fights. But we can’t be scared of immigration. We can’t put ourselves in a lock box and say “no more immigrants”. We have to believe, as we once did, that America makes Americans, that Americans can be made, not born, and that that is a source of our greatest triumphs as a nation.

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Immigrants have always been scary-looking, but that’s never stopped us before

Posted on January 22, 2016. Filed under: American history, Immigration, What History is For | Tags: , , , , , , , , |

A while back we showed some photos from the wonderful Washington Post feature “What America’s immigrants looked like when they arrived on Ellis Island”. It’s a collection of  photos taken by Augustus Sherman at Ellis from 1892-1925. Sherman was the chief registry clerk at the immigration station.

Here’s what we said at the time:

His photos are wonderful because most of them show people dressed in their very best clothing, usually traditional clothes. While immigrants at that time traveled in their regular clothes because they knew the trip in steerage was dirty, they brought their best clothes to put on once they arrived at Ellis Island so that they would seem like presentable people who were a) not poor and b) good citizen material. They dressed to impress, and they had plenty of time to change during the long waiting periods between landing at the dock and being processed.

Adults and children alike were decked out in elaborate clothes. Women must have been sewing for months to create these wonderful ensembles. As the site points out, seeing these people reminds us that America has long been a place where a multitude of cultures mix on the streets, in schools, at work and at play. While immigrants did not wear these magnificent dress pieces every day, they did leave Ellis and make their way in America with them on, and brought them out on special occasions, making America a bottomless reservoir of cultural identity and expression.

It would be great if someone would create a similar archive of 21st-century immigrants.

And then we showed some of the photos. At the time, we were just enjoying the window onto the past they provided. But with all the (usual) scaremongering talk about immigrants that was generated by the Syrian refugees, we suddenly thought of them in a new way.

Look at this woman from “Ruthenia” (today’s Belarus and Ukraine):

Ruthenian-woman

Would this woman pass the very, very difficult screening process we have in place for refugees and be allowed into the U.S. today? It doesn’t seem likely. Headscarf, ethnic clothing… looks like a terrorist.

In fact, all the women wore headscarves:

Slovak-woman-and-child

 

 

Three-Dutch-women

If headscarves are a red flag, these Slovakian and Dutch women would be held up for quite a while if they were screened today.

And what about these women?

They wear headscarves and have strange looks in their eyes; the one on the left seems pretty angry. Both of them were likely deeply committed to a religion that most native-born white Americans rejected as foreign and dangerous to the U.S. government and American Way. Yes, they were Italian Catholics who whisked into this country without anyone checking to see if they were terrorists. This at a time when the U.S. government was actually suspicious of Catholics as agents of the Pope. Yes, the Immigration Act of 1924 would limit the number of southeast European Catholics (and Jews) who could enter the country, but they were never banned altogether.

This Algerian man would likely not get into the U.S. today dressed like this. Yet he successfully entered the country a century ago, and likely lived a quiet life. His descendants are probably living quietly in the U.S. today.

Algerian-man

What about this guy?

A-German-stowaway

No way, right? But this German man successfully entered the country, likely with no more screening than the usual six-second physical at Ellis Island.

This Russian soldier seems fairly menacing:

Cossack-man-from-the-steppes-of-Russia

Are those bullets of some kind on his jacket? That seems like a knife in his belt. Whatever he’s holding—club, sword—is also pretty violent-looking. This man came to America loaded for bear. But he got in, and you know that he got his picture taken because of his “colorful outfit”.

We just weren’t scared of people like this a century ago because we assumed that anyone who came to America would see that it was the greatest society on Earth and toe the line. We believed that our society was strong enough to take in disparate peoples and turn them into Americans. We believed our society was appealing enough to win over our immigrants and make them real Americans who would live and die for their new country.

When did we lose that faith in ourselves? When did we decide that every single immigrant, man, woman or child, was a threat powerful enough to bring down our whole system and way of life? Why did we decide it? There have been acts of terrorism in this country before 2001, and they were usually (and usually wrongly) blamed on immigrants (think Haymarket). And we’ve passed stupid laws banning certain “undesirable” immigrants: the Chinese, the Japanese, southeastern Europeans (read Jews and Catholics). But the panicky idea that all immigration is a threat, that no one should be allowed into the country unless they’re white people from Europe, that every immigrant and even every refugee must go through the most rigorous, nay impossible screening process imaginable, is recent.

Here’s a rundown of what war refugees must do if they want to enter the U.S. today, courtesy of John Oliver:

Look, it is difficult to vet people coming out of a war zone, but it’s not like we’re letting just anyone in. We are the United States of America, not Arizona State. Because just for the record here, let me just walk you through what our screening process actually is.

If you’re a refugee, first, you apply through the United Nations’ High Commissioner for Refugees, which collects documents and performs interviews. Incidentally, less than one percent of refugees worldwide end up being recommended for resettlement.

But if you’re one of them, you may then be referred to the State Department to begin the vetting process. At this point, more information is collected, you’ll be put through security screenings by the National Counterterrorism Center, the FBI, and the Department of Homeland Security. And if you’re a Syrian refugee, you’ll get an additional layer of screening called the “Syria enhanced review,” which may include a further check by a special part of Homeland Security, the USCIS Fraud Detection and National Security Directorates.

And don’t relax yet, because we’ve barely even started. Then, you finally get an interview with USCIS officers, and you’ll also be fingerprinted so your prints can be run through the biometric databases of the FBI, the Department of Homeland Security, and the Department of Defense.

And if you make it through all that, you’ll then have health screenings which, let’s face it, may not go too well for you, because you may have given yourself a stroke getting through this process so far. But if everything comes back clear, you’ll be enrolled in cultural orientation classes, all while your information continues to be checked recurrently against terrorist databases to make sure that no new information comes in that wasn’t caught before.

All of that has to happen before you get near a plane.

This process typically takes 18 to 24 months once you’ve been referred by the U.N. to the United States.

This is the most rigorous vetting anyone has to face before entering this country. No terrorist in their right mind would choose this path when the visa process requires far less efforts. But nevertheless, the House still voted on Thursday to add a few more steps.

It doesn’t seem likely that anyone in the photos above would have entered the U.S. under those conditions. And that would have been a terrible injustice. Not every immigrant is an angel. That German guy probably got into a lot of fights. But we can’t be scared of immigration. We can’t put ourselves in a lock box and say “no more immigrants”. We have to believe, as we once did, that America makes Americans, that Americans can be made, not born, and that that is a source of our greatest triumphs as a nation.

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A Nation of refugees

Posted on November 17, 2015. Filed under: Civil Rights, Immigration, Politics, U.S. Constitution | Tags: , , , , |

The wars in what we grew up calling “the Middle East”, from the Syrian civil war to the battles against the so-called Islamic State, are doing what all wars do: creating millions of refugees. This is not new in human history. Why is the U.S. a nation of immigrants? In large part because millions of people fled war in Europe during the 19th century. From the revolutions of 1848 to the wars that created Germany to the people who fled Europe after WWII, war has always grown our population in the U.S.

But that last one in the list, WWII, is actually an anomaly. It was after WWII that the U.S. began adopting policies that limited immigration, even for people claiming refugee status. There were multiple reasons for this; anti-immigration policies had begun to multiply in the 1920s and 30s, and affected people’s ability to leave Europe for America before the Second World War. These policies led to the refusal of the St. Louis in May 1939,  because it carried 937 Jewish Europeans seeking refugee status in Cuba; Cuba would not take them, and according to the Immigration Act of 1924 that cut immigration from southeastern Europe sharply, neither would the U.S. (The Jewish refugees were sent back to Europe where they fell victim to Nazism.) After WWII, the Cold War encouraged U.S. officials to restrict European and Asian immigration as we became a fortress closed against Communism.

So we actually became less welcoming to Refugees from Foreign Wars, as they used to be called, during WWII. Famously, it took an emotional visit by First Lady Rosalyn Carter to starving and dying Vietnamese and Cambodian refugees from the Vietnam War to change our policy and allow them to enter the U.S.

In the 1920s, the U.S. banned immigration based on religion and race: “undesirable” Catholics, Jews, and people who were not considered white at that time like Italians and Czechs and Russians all had their quotas lowered. Since the 1950s, immigration has been viewed through the lens of politics and religion: Catholic Latinos in the 1970s-90s, and now Muslim Middle-Easterners are the new bogeymen. In the late 19th century and to the 1930s, southeastern European Jews and Catholics were decried  loudly by panicking white Protestants: their mission from the Pope or whoever controlled them was to destroy the U.S. government and our white nation. Today, the nativists panic as they claim… the exact same thing.

Muslims can’t understand democracy. They can’t participate in it. They won’t learn English. They hate our free society. They’ll bring their religious laws here and try to enforce them. They’ll destroy our government. They’ll commit acts of terrorism.

All of these hate-panic claims were once made about Italian, Jewish, Chinese, and Catholic immigrants. Somehow none of them came true.

Yet some of our political leaders are clearly nostalgic for the bad old days. Rick Santorum thinks all Syrian refugees should go back home and fight ISIS. Somehow they will succeed where Russian air strikes have not. Carly Fiorina wants all refugees screened for terrorism before they can come here. Rand Paul has a blanket “no” when it comes to Muslim refugees. Bobby Jindal thinks all refugees should be constantly monitored in the U.S., ankle-bracelet style. And Mike Huckabee thinks it’s “crazy” to take poor people from the “desert”, “who don’t speak our language, who don’t understand our culture, who don’t share a [sic] same worldview, and bring them to Minnesota during the winter”.

Luckily none of these people are running the country. Our president faced this front of ignorance by reminding us of who we are:

When I hear political leaders suggesting that there would be a religious test for which a person who is fleeing from a war-torn country is admitted, when some of those folks themselves come from families who benefited from protection when they were fleeing political persecution, that’s shameful, that’s not American. That’s not who we are. We don’t have religious tests (for) our compassion.

This is a much-needed counter-attack against those who insist that instituting the religious tests that our Constitution absolutely outlaws and deplores as undemocratic will keep our democracy safe. Suspecting people who have fled for their lives in a war of being warmongers whose only goal is to destroy any nation that takes them in and offers them hope is beyond ignorant. And it’s beyond American.

Whenever anti-immigrant, hate laws were passed in our history, there were Americans who stood up against them. There are always Americans who fight for justice for all. That’s our true identity. That’s American. Let’s remember that. Let’s remember who we are and how we got here, always aspiring to greatest-nation-on-Earth status, because the old saw is true: if we destroy everything we stand for in the name of security, the terrorists win.

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What America’s Immigrants looked like as they arrived at Ellis Island

Posted on October 28, 2015. Filed under: American history, Immigration, What History is For | Tags: , , , |

Yes, we’ve stolen that title from the wonderful Washington Post site showing photos taken by Augustus Sherman at Ellis from 1892-1925. Sherman was the chief registry clerk at the immigration station.

His photos are wonderful because most of them show people dressed in their very best clothing, usually traditional clothes. While immigrants at that time traveled in their regular clothes because they knew the trip in steerage was dirty, they brought their best clothes to put on once they arrived at Ellis Island so that they would seem like presentable people who were a) not poor and b) good citizen material. They dressed to impress, and they had plenty of time to change during the long waiting periods between landing at the dock and being processed.

Adults and children alike were decked out in elaborate clothes. Women must have been sewing for months to create these wonderful ensembles. As the site points out, seeing these people reminds us that America has long been a place where a multitude of cultures mix on the streets, in schools, at work and at play. While immigrants did not wear these magnificent dress pieces every day, they did leave Ellis and make their way in America with them on, and brought them out on special occasions, making America a bottomless reservoir of cultural identity and expression.

It would be great if someone would create a similar archive of 21st-century immigrants. Until then, here are some samples from the Post site:

Ruthenian-woman

A “Ruthenian” woman (today’s Belarus and Ukraine)

Slovak-woman-and-child

A Slovakian woman and her son

Russian-Cossacks

Men from Russia

Algerian-man An Algerian man

Children-from-Lapland

Children from Lapland

Norwegian-woman

A Norwegian woman

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Pew data on U.S. immigration

Posted on September 28, 2015. Filed under: Immigration | Tags: , , , , , , |

Next to the census every decade, we look forward to Pew Research Center Statistical Reports. These unofficial censuses give us valuable information on what our population in the U.S. is looking at. Historians use them as to check historical and current assumptions, and they should inform American political policy and social understanding.

You can go to the Statistical Portrait of the Foreign-Born Population in the United States, 1960-2013 and see it for yourself; for now, these are some highlights:

There were a record 41.3 million immigrants living in the U.S. in 2013, making up 13.1% of the nation’s population. This represents a fourfold increase since 1960, when only 9.7 million immigrants lived in the U.S., accounting for just 5.4% of the total U.S. population.

—A fourfold increase in the immigrant population is striking, but we’re willing to bet that if you asked most Americans what percentage of the U.S. population is made up of immigrants, they would guess something a *lot* higher than 13%. The time and fury spent on immigration in this country would lead anyone to believe that the immigrant population must be at least 30%. And most people would likely say that 90% of the immigrant population is made up of illegal Mexican immigrants, so these two facts are important:

About one-quarter of the U.S. foreign-born population are unauthorized immigrants, while the majority of the nation’s immigrants is in the U.S. legally. Naturalized citizens account for the largest portion of the foreign-born population (41.8%).

…As recently as 2008, immigrants arriving within the past year to the U.S. who were born in Asia have outnumbered those born in Latin America. In the early 2000s, the number of newly arrived immigrants from Latin America greatly outnumbered those arriving from Asia. But with the Great Recession, Latin American immigration slowed sharply, especially from Mexico. The number of new immigrants from Latin America has been about steady since then, but the number of newly arrived Asian immigrants has continued to rise.

—So only one-quarter of 13% of our population is made up of illegal immigrants. The graph is worth a couple hundred words:

PH_15.06.15_StatPortraits-Unauthorized-Immigrant

What we see is that there are 42.5 million immigrants in the U.S., and 11 million of those came here illegally. The vitriol about “illegals” usually offered by Republicans and Tea Party members claims there are 30 million illegal immigrants in the U.S.; we see that this not true.

We also see that Asian immigration is fast out-pacing Latin American immigration, and it stands to reason that there are illegal Asian immigrants in that 11 million number, but you never hear about that from politicians; they are only ever concerned about Mexico. We can’t tell you exactly why, but if the Asian immigration trend stays on track, we wouldn’t be surprised if, in the next 10 years, you start to hear lots of negative stereotypes about “illegal Asians” and closing ports on the west coast.

The share of immigrants who are proficient in English has declined since 1980, though it has increased slightly in recent years. This decline has been driven mostly by those who speak only English at home, which fell from 30% of immigrants ages 5 and older in 1980 to 16% in 2013. The share who speak English “very well,” meanwhile, has increased slightly, from 27% to 34% over the same time period.

—Anti-immigration people tend to blame Latinos for this, claiming they won’t speak English. But as Latino immigration falls, and Asian immigration rises, it is far more likely that people who are not speaking English only are speaking Chinese, not Spanish. In fact, Latino immigrants’ children are far more likely to switch to all-English than Asian immigrants’ children.

Check out the whole report and know the facts about the ever, ever-changing U.S. demographic.

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Supreme Court ruling on Arizona anti-immigration law: show us your papers

Posted on June 27, 2012. Filed under: Immigration, Politics, U.S. Constitution | Tags: , , |

On June 25, the Supreme Court ruled on the provisions of the Arizona state laws meant to prevent illegal Latino immigration and find hidden illegal immigrants already in the state and deport them. Police in the state can stop anyone if they have a “reasonable suspicion” that the person is, or is with, an illegal immigrant. Lyle Mann, Executive Director of Arizona Peace Officers’ Standards and Training Board, created an instructional video for police officers outlining what they should look for when they are assessing whether someone is an illegal immigrant, including “dress, demeanor, unusual or unexplained nervousness” and trouble speaking English.

There are no guidelines given on what illegal immigrants dress like, or what their “demeanor” is. I have never seen a category of clothing online or in a store called “Illegal Immigrant.”

It’s hard to believe that the Court would uphold a provision of the law that allows police officers to act on their sixth-sense, that enshrines “reckoning” as a process upheld by law. But the most controversial provision of the Arizona law was upheld: the “show me your papers” provision requires state law enforcement officials to determine the immigration status of anyone they stop “if there is reason to suspect that the individual might be an illegal immigrant.”

Again, what anyone “suspects” is usually hard to defend in court, but in this case those “suspicions” were supported. The three provisions blocked by the Court were: (quote from the NYT) “making it a crime for immigrants to fail to register under federal law, making it a crime for illegal immigrants to work or to try find work, and allowing the police to arrest people without warrants if they have probable cause to believe that they have done things that would make them deportable under federal law.” This third provision means that the police could arrest a person they think committed a crime that could get them deported. Again, what an officer “suspects” is the core of this provision. Why it was not upheld while the other “suspicion” was is unclear.

Those who say this will not validate and encourage racial profiling are almost certainly fooling themselves. When an officer is asked to look at someone’s clothes that officer is being told, “Illegal immigrants dress a certain way because they all come from Mexico and they all wear this or that kind of jeans, shirts, hats, etc.” When an officer is asked to look for people who can’t speak English well, that officer is naturally going to look for people s/he considers to look “foreign”—a white person is very likely to be overlooked in favor of a darker-skinned person, a person with black hair, etc.: in short, a Mexican.

Because that’s what this law is about in Arizona: stopping Mexican people from crossing the border illegally. It is a law about Mexican immigration, and therefore a law about Mexican people: identifying them and deporting them.

One can only point out that the U.S. only has a problem with illegal immigration because we have made it very difficult to emigrate here legally. This is a policy adopted after WWII. Throughout its long history, the U.S. has often tried to prevent certain people from entering the country—Italians, Chinese, Eastern Europeans, to name a few—but it has never had a blanket policy of trying to stop immigration itself. Today immigrants from any nation face an uphill battle of many years to become citizens that includes having to get an employer to sponsor you for multiple years, tests on American history and government, and paperwork, paperwork, paperwork (which also adds up to money, money, money).

We now make it much harder to become a legal immigrant than we have ever done before. That’s it. It’s not that today’s immigrants are more criminal. It’s not that our own sainted immigrant ancestors were more law-abiding. It’s simply a matter of changing the law to make it harder to become a citizen. What were the “rules” for immigrants coming through Ellis Island for so many years? Look healthy and have your name listed on the register of the ship that brought you. That was it. “If the immigrant’s papers were in order and they were in reasonably good health, the Ellis Island inspection process would last approximately three to five hours. The inspections took place in the Registry Room (or Great Hall), where doctors would briefly scan every immigrant for obvious physical ailments. Doctors at Ellis Island soon became very adept at conducting these ‘six-second physicals.'”

When I visited the Ellis Island museum in 1991, I saw a film that said you also had to provide the address of a friend, sponsor, or family member who would take you in. And off you went. Those rules were pretty easy to follow. If that’s all we asked of Mexican immigrants today, we wouldn’t have illegal immigrants.

Each generation looks back to earlier immigrants as “good,” and views current immigrants as bad. In the 1880s, the Irish were angry at the incoming Italians. In the 1900s, the Italians were banning the Chinese from coming in. As each immigrant group settles in, it tries to keep the next group out.

It’s really time we ended this cycle. Here are some quick pointers:

1. Latin American immigrants are not qualitatively different than previous European immigrants.

2. Spanish-speaking immigrants do NOT refuse to learn English; in fact, the children of Spanish-speaking immigrants are less likely to speak the old language than the children of other groups (that is, more children of Chinese immigrants speak Chinese than children of Mexican immigrants speak Spanish).

3. Your European immigrant ancestors (and mine!) honored nothing when they came to the U.S. but their desire to be here. They didn’t anxiously adhere to “the rules.” They did the bare, bare minimum that was asked of them, which was easy to do.

4. If we reverted to our earlier, extremely simple requirements for entering the country and becoming a citizen, we would not have illegal immigrants. If we choose not to go back to the earlier requirements, we have to explain why.

The usual explanation is that if we made it as simple now as it once was to enter this country and become a citizen, the U.S. would be “flooded” with “waves” of Latin Americans, poor and non-English-speaking, ruining the country. Which is exactly the argument that has always been made against immigrants, be they Irish, German, Italian, Chinese, Jewish, etc. Each group is going to destroy the country and American culture and society. It never seems to happen.

But it might happen now, with Latin American immigrants, not because they will destroy the country but because those in the U.S. who are so afraid of them will rip the country—and the Constitution—apart trying to keep them out. Taking the long view, I can say there’s hope that that won’t happen. But it will take a good fight to get all Americans to realize that the key to this nation’s success has always been the open-door policy.

Immigration will always be with us—thank goodness! The only informed position on the challenges it poses is a historically informed position.

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Barriers to your right to vote: 2012

Posted on May 3, 2012. Filed under: Immigration, Politics, U.S. Constitution | Tags: , , , , |

Let’s take a look at the laws currently in place and being introduced every year requiring ID to vote. I’m indebted for much of my data here to the NCSL Voter Identification Requirements webpage. Go there to see a great map (that unfortunately will not let itself be pasted here).

Strict photo: There are currently five states that require you to have a photo ID before you can vote—Kansas, Pennsylvania, Indiana, Tennessee, and Georgia. Mississippi, South Carolina, and Texas have strict photo laws pending. Wisconsin’s strict photo law was declared unconstitutional by its state legislature but is being appealed and could be put into effect by November 2012. So that would make 9 states with strict photo requirements by the end of 2012. At the start of 2011, only Georgia and Indiana had these requirements, so the number has shot up quickly.

What constitutes a photo ID is defined variously in the different states; some do not give examples but merely say it must be issued by the federal government (passport), state government (driver’s license), city government, or military. Pennsylvania includes IDs from “an accredited PA private or public institution of higher learning (student ID) or a PA care facility”. Kansas specifically names “government-issued concealed carry handgun or weapon license”, so if you own a gun, you get to vote. In Mississippi, if you have a religious conviction against being photographed you can sign an affidavit instead of presenting a photo ID.

Photo: There are currently six states requiring a photo ID—Hawaii, Idaho, South Dakota, Michigan, Louisiana, and Florida. Alabama has a photo ID law pending. The photo ID law, as opposed to “strict photo,” asks voters to show a photo ID but allows other proofs if they don’t have one, such as a voter with a photo ID vouching for you, giving your birth date, or signing an affadavit swearing to your identity.

Non-photo: Eighteen states require non-photo ID—Alaska, Washington, Montana, North Dakota, Utah, Arizona, Colorado, Texas, Oklahoma, Missouri, Arkansas, Alabama, Kentucky, Ohio, Virginia, South Carolina, Delaware, Connecticut, and Rhode Island. Rhode Island is filing for a change to a photo requirement. Non-photo ID includes bank statements, utility bills, and other items mailed to your local address.

No ID: That leaves 30 states with no ID requirement for voting.

What happens if you show up and attempt to vote but you don’t have your state’s required ID? It varies—and here’s where the fundamental emptiness of these laws comes through. In some states, if the local election official knows you, s/he can waive the law. In others, you sign an affidavit. In others, you fill out a provisional ballot which will be counted if you provide ID before the close of voting, or if the county board of election officials decides to accept it. In short, you go ahead and fill out your ballot in most states and if you plead your case it will be accepted.

The kicker here is that in many states, your case is accepted if your name is on the poll list. Which takes us back to square one: in the U.S., all you need to vote is to register. When you register, you are asked to produce ID saying that you are a citizen of the U.S. and have residency in your state. Once you’ve registered, your name goes into the poll list—that big book the election officials find your name in when you go up to them on election day. If your name is on that list, you have already fulfilled the requirements for voting in the U.S., and you should not be forced to show ID. You have already been verified as a U.S. citizen and state resident, and those are the only requirements. Adding photo ID requirements, then, is the equivalent of a poll tax or literacy test, tactics used during the lowest years of Jim Crow to prevent the poor and black Americans from voting. Forcing people to pay a fee to vote, or prove their English literacy, has been declared illegal in this country. Forcing people to show photo ID should be illegal, too.

Who are the people without valid photo IDs in this country? The elderly, who often no longer drive or use a passport; the poor (who are often non-white); and, importantly, illegal immigrants. It is this last group who are the real targets of photo ID laws. Americans have been told there is an epidemic of voting fraud in this country, and that it is being carried out by illegal immigrants. But independent inquiries have turned up no such epidemic, and illegal immgrants are the last people to willingly risk having their status found out by attempting to vote. If you think about it, describing voter fraud in 2012 as someone amassing millions of names, getting them into the list of registered voters, then getting those millions of people to go vote illegally is absurd. Any voting fraud carried out today would be a hacking of the computer systems that tabulate votes, not a hacking of your local registered voters database at town hall.

Photo ID laws are blatant attempts to restrict voting rights. They impact the poor, the non-white, and the elderly—groups assumed to vote Democratic, which may explain the strong Republican backing for these laws. If your name is on the poll list there is no constitutional law requiring you to show more ID than that. Until the accusations of voting fraud are proved, we should all be fighting on our local state level against these laws.

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