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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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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Anti-immigrant, anti-American laws building steam

Posted on July 5, 2011. Filed under: American history, Civil Rights, Immigration | Tags: , |

We’ve commented previously on the HP about states introducing unconstitutional voting restriction laws, nominally meant to stop voter fraud (which has never been proven as chronic or widespread), but really meant to target and deport immigrants. These include requiring voters to have a government-issued photo ID at the polls. Now the Times is reporting laws being passed in Georgia, Alabama, and South Carolina that basically create a police state in which anyone who “looks foreign” and can’t produce ID can be arrested and, if an immigrant—even a legal one—deported.

According to the editorial, these laws include removing illegal immigrants working under the table, reporting students who are immigrants or even American-born children of immigrants. Why target Americans who have immigrant relatives? Because other laws make it illegal to give an undocumented immigrant a ride in your car. By making native-born citizens afraid of immigrants and their native-born American children, these laws create a clear criminal class of immigrants and their friends and relatives.

To what end? I think the author puts it well: “It has long been clear that America is suffering for lack of a well-functioning immigration system that better protects workers and families, promotes lawfulness at the border and in the workplace, and gives hardworking people a path to legality. Congress’s inaction has let the states run amok with their own destructive ideas. Supporters insist they are only trying to enforce the law. But trying to catch and deport 11 million people is lunacy. The damage to this country — its citizens and its laws — is enormous.”

Trying to find illegal immigrants by terrorizing everyone in the U.S. is not only impractical and guaranteed to fail, it’s un-American. And since the people usually behind these laws say they must protect the American way from immigrants, you would think they would be the most resistant to passing any un-American laws. But the authors and promoters of these laws are the most un-American of people, and so hardly fit to decide who is a threat to our nation.

The U.S. has gone through many cycles of immigrant fear. In the 1850s it was the dirty Irish ruining the country. In the 1890s it was the hideous Chinese. In the 1920s it was the barbaric eastern Europeans. Now it is the lawless Mexicans (and all Latin Americans) who will destroy our country for the sheer fun of it. To reiterate a statement from our earlier post “Illegal Immigration must be stopped!”, the U.S. has made it harder to enter this country legally and get a green card or citizenship than ever before in its history, and that is the only reason why we have so many illegal immigrants today:

“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.”

It was true before, and it’s still true now.

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Union or slavery?

Posted on October 14, 2008. Filed under: Uncategorized | Tags: , , |

We were rereading David Potter’s timeless book The Impending Crisis: 1848-1861 and thinking about how it sounds to us today to read that some Americans valued union over abolition.

It sounds awful. It sounds like cavilling, cowardice, inhumanity, and loathsome empty-headed pseudo-patriotism.

But that is because this is not 1850, or 1858, or any point antebellum. It’s so hard to forget or to avoid the impact of hindsight on historical vision. We know that the Civil War did not end in permanent disunion, that the United States continued, grew, and thrived after 1865. But as Americans before 1861 contemplated the possibility that slavery might cause a civil war, they did not know any of this. They only knew that a civil war might erupt over slavery.

Think of it this way: what if right now, as you sit reading this, the United States was in danger of civil war. Some group of states had actually written up papers outlining how they would secede, and they had the power and the foreign backing to do it. Imagine that every week you read about how these states—let’s say 15 western states—were ready to actually sever their ties to the U.S., and leave the nation with 35 states and a big hole.

It’s impossible for us to really imagine this. We are faced daily with serious threats to our economic, intellectual, and political unity—there’s constant talk about red and blue states and how the coasts hate the  middle and vice-versa, etc.—but we cannot imagine this translates into a threat to our actual political unity. We can’t picture facing the possibility that civil war would break out over these issues and that the United States as we know it would cease to exist.

And all over one political and social issue. An important issue, to be sure, but not one that you thought could destroy the United States. Say it was illegal immigration. It’s been simmering for decades, but it’s begun to boil in the past 10 years, and people’s emotions are getting stronger about it. What do you think will happen in this situation?

Well, you expect it to keep dragging along as a divisive issue that will someday get enough minor legislation to die down, and be replaced by something else. Inertia or a solution, those are the options.

You never expect it to cause an actual civil war, with people in your state fighting people from another state. You don’t expect to see armies formed in the western U.S. states to fight the U.S. amed forces. You don’t expect to have your home destroyed by battle next year.

And that’s the way Americans viewed slavery in the antebellum years. It was a divisive issue, and was getting hotter after 1848, but civil war? Really?

Once it became frighteningly clear that the southern states really were prepared to secede, and really were gathering an army to fight the rest of the U.S., many Americans clung to union as a sacred obligation in order to forestall war. And you can see why, if this thought experiment has worked. If our nation were about to actually go to war over illegal immigration right now, wouldn’t you protest that union was more important than this issue? that the issue could surely be worked out legislatively instead?

Of course, illegal immigration is not truly like slavery, but the conditions many illegal immigrants work and live in here in the U.S. can approach slavery. And the hatred and revulsion some Americans feel for these people is equal to the hatred and revulsion some Americans had for enslaved black Americans. And, like free black Americans, even legal immigrants are in many cases mistreated and denied equal access to the law. Still, could we possibly go to civil war over it?

Americans felt the same way in the antebellum period: yes, slavery was a big issue, but it was just one of a half-dozen big issues. Why go to war over slavery? It seemed irrational. It seemed much less of a sacred cause than union, the great union of states that shone the light of democracy over the world.

This is just an attempt to really put ourselves in the shoes of our ancestors. When we do so, we can better understand why the cry of “union!” was stronger for many Americans than the cries of secession or abolition. Only when we truly try to put ourselves in those shoes can we begin to understand the seemingly incomprehensible decision to support union over abolition that many of our ancestors made.

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Posting bail is un-American

Posted on August 12, 2008. Filed under: Politics | Tags: , , , |

One of the great founding principles of the United States is the right of equal opportunity. This means that no one is born with political advantages; for example, in a monarchic society, someone who is born into the nobility has political rights and protections from the law that “commoners” don’t have. Therefore, people outside the nobility do not have equal opportunity to succeed in their society.

In the U.S., equal opportunity has been popularly enshrined in the notion of every American having the chance to live the “American dream”: everyone has equal opportunity to work, vote, succeed, own a home, go to school, and more. Ideally, no American is barred from these things because of their social class, income, color, or anything else.

We of course fight a constant good fight to make sure this is true in America. There are always some people who want to set up barriers to equal opportunity. But we can never let this happen, for, as Alexis de Tocqueville, visiting America in the 1830s, later wrote in Democracy in America, equality of opportunity is the thing that truly sets America apart, the jewel of our democracy.

de Tocqueville was bothered, therefore, by one commonplace in the American system that he felt was a slap in the face to equality of opportunity. Was it slavery? Unequal wealth? City slums? No. While he saw those things were aberrations in our democracy, one thing he chose to comment on in particular was posting bail.

This seems like a very small thing. If you’re arrested, you can post bail to stay out of jail until your trial. That seems fair.

But it’s not fair, because it gives those who have money an advantage over those who don’t. If you’re not poor you can post bail; if you’re poor, you can’t. So poor people go to jail, while others don’t.

And if you are accused of a horrendous crime, like murder or child sexual assault, you have to post a much larger bail, maybe tens or even hundreds of thousands of dollars. This only guarantees that wealthy people will not be imprisoned while awaiting trial no matter what they are accused of.

Currently, this inequality of opportunity has come up in the context of immigration. If you are accused of being an illegal immigrant, you are most likely poor. Therefore, you can never post bail when you are arrested. And so you sit in jail until you are deported. Or, worse, you don’t even sit in jail, but are immediately put on a bus or a plane back to your native country.

This means your loved ones have no idea where you are. If you are never in a police station, you can’t make a phone call home to tell them. At least if you’re sitting in jail, your family knows what has happened. But illegal immigrants cannot post bail, and legal authorities know this, and so the whole process is skipped.

Even if an illegal immigrant is given a chance to post bail, everyone knows s/he will not be able to pay. Therefore, there is no real chance to protect oneself from immediate repatriation, no chance of having a trial.

One might argue that since illegal immigrants are not U.S. citizens, they cannot complain about not receiving due process. And one might feel that the problems of illegal immigrants are worlds away; U.S. citizens will never face this problem.

But you might. No one is guaranteed that they will never be arrested. Anything can happen. And if it does, will your wealth qualify you for justice, or will you sit in jail?

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