Burden of Action

“A BORDER WALL SEEMS TO VIOLATE a deep sense of identity most Americans cherish. We see ourselves as a nation of immigrants with our own goddess, the Statue of Liberty, a symbol so potent that dissident Chinese students fabricated a version of it in 1989 in Tiananmen Square as the visual representation of their yearning for freedom.”

(Bowden, Charles. “U.S.-Mexico Border: Our Wall.” National Geographic.)

    This past Tuesday, April 1, the United States Homeland Security Secretary waived 30 laws in order to expedite the controversial construction of a border wall. This has become a standard procedure with the Secure Fence Act ever since the passing of the REAL ID ACT which gives a non-elected government official the authority to waive an unlimited number of laws passed by elected officials. In Arizona, 19 different laws were waived in the construction of the wall, unbeknownst to most Americans.

    The same legal trickery occurred during the Civil Rights Movement. Often, local government officials would abuse their power, pitting an unjust law against the federal mandate of integration. During the Birmingham Boycott in 1963, for example, King served a seven-day sentence for violating a court injunction disallowing “parading, demonstrating, boycotting, trespassing and picketing.” It was here he would write his seminal work, “Letter from a Birminham Jail.” The sinister thing about the REAL ID ACT, though, is that it works in the reverse; no matter how good the local laws are or how necessary the environmental laws may be, the a single federal official is allowed to waive all laws without so much as a study.

    Where are we to go when the federal government seems to ignore our pleas for justice on the border and hope for immigrants? We must appeal to higher powers, and one overarching authority organization we must beseech is the United Nations. On March 8, the U.N. Committee on the Elimination of Racial Discrimination (CERD) openly critiqued the U.S. government’s human rights record and effectively tied the border wall to civil rights. In 1994, the United States ratified an international treaty to end racial discrimination, and in keeping with this treaty, the U.N. has urged the United States to:

• Protect non-citizens from being subjected to torture and abuse by means of transfer or rendition to foreign countries for torture;   

• Address the problem of violence against indigenous, minority and immigrant women, including migrant workers, and especially domestic workers; and
• Pass the Civil Rights Act of 2008 or similar legislation, and otherwise ensure the rights of minority and immigrant workers, including undocumented migrant workers, to effective protection and remedies when their employers have violated their human rights.

These three recommendations are key to a lasting solution to immigration and civil rights, whereas a wall is a devastating and divisive gesture which, at best, only treats a symptom not a system. Although Special Rapporteur on the Human Rights of Migrants Jorge Bustamente was denied access to Texas’s Hutto immigrant detention center (an internment camp which currently detains children and families), the United Nations still came out very strongly for the case of the immigrant within our borders.

    The ACLU was represented at the United Nation’s meeting in Geneva. Lisa Graybill, Legal Director for the Texas ACLU, stated that, “it has been made clear that the U.S.’s responses, especially with regard to the potential seizure of indigenous land for the construction of the wall and the conditioning of basic services on proof of immigration status are in direct violation of the treaty agreed to by the U.S. in 1994.” (http://www.aclutx.org/projects/article.php?aid=557&cid=31) As citizens of the United States and as residents of a global world, we must hold our government to this high standard if we truly wish to see the Beloved Community Dr. King envisioned. Chandra Bhatnagar, an ACLU staff attorney who recently visited Cameron Park to instruct Brownsville immigrants about their legal rights, challenged the United States government to “…match its soaring rhetoric on the importance of human rights globally with a renewed commitment to protecting the rights of vulnerable immigrants here at home.” We must overcome the destructive distraction of this border wall and return to the nonpartisan dialogue on comprehensive immigration reform which began in 2006. (http://www.aclutx.org/projects/article.php?aid=557&cid=31)

    And so, the people of these United States are left with the burden of action. The burden of action has fallen on us, because our elected officials have largely ignored their responsibility to apply the laws for which they voted and which we elected them to protect. The burden of action has fallen on us to remind our nation that it is a nation of people bound together by certain inalienable rights and protected by just legislation. The burden of action has been passed onto us; may we consider it a mantle of activism, a call to bring the morality, the economy, the environmental, the political, and the social aspects of immigration to light in lieu of the blight of a border wall. The burden of action is ours, but it is also an opportunity  – what will we choose to do about it?

Humansarehumansarehumans…

“People in the detention centers are treated as things,” an ACLU attorney stated to me at tonight’s meeting at San Felipe de Jesus Church in Brownsville. “In Raymondville, they referred to people as ‘bodies’ and their quarters as ‘pods.’ It is the most dehumanizing thing.”

As Martin Luther King, Jr., began moving outside of the realm of segregation and began working on the integration he envisioned as a Beloved Community, he quickly realized that the United States was moving in a direction where people were devalued assets and machines or things were becoming increasingly prized. He wrote,

I am convinced that if we are to get on the right side of the world revolution, we as a nation must undergo a radical revolution of values. We must rapidly begin the shift from a thing- oriented society to a person-oriented society. When machines and computers, profit motives and property rights, are considered more important than people, the giant triplets of racism, extreme materialism, and militarism are incapable of being conquered. (Autobiography of Martin Luther King, 340)

40 years ago, Dr. King could very well have been envisioning the current immigration stagnation of our nation today.

    Racism, materialism, and militarism are all occurring in our nation around the issue of immigration. There is a racism inherent in a border wall that only keeps out people from certain countries rather than an immigration reform which would begin positively impacting individuals of all races and backgrounds. There is a racial bias apparent when legal Latinos are stopped and searched because the police see their skin as “probable cause.” In today’s thing-centered world, racism exists in our schools and our communities and our national policies because people are taken out of the picture. Instead of human rights issues, these are simply “dollars and cents” issues.

    Materialism exists in a thing-centered society where people can be terrorized by talk-show hosts and media sources so that they clamor for the deportation of 12 million people working and residing within our nations borders (an action which would cost almost $100 billion). Materialism drives companies like CCA (Corrections Corporation of America) to run for-profit immigrant detention centers at places like Hutto and Raymondville. Thankfully the ACLU and other organizations have been legally opposing these organizations, gaining considerable rights for children detained in the Hutto detention center this past year. However, detention centers like Raymondville are adding more tents and facilities every year, and therefore treating more and more people like things.

    Militarism is one of the worst effects of a thing-centered society. When peace is a word instead of people, a wall might seem like a logical idea. If a border were only a line on a map instead of a living river or a fertile Valley or a child’s backyard, then a border wall might make sense. If people were not inherently good, if immigrants did not give so much to a thankless U.S., if walls actually worked, then maybe the Secure Fence Act of 2006 would not be the unconscionable legislation it is. The fact is that our borders are militarized since 2006. I have had a gun pulled on me as I jogged legally on the border. The gun was not held by a drug smuggler or an immigrant; no, it was held by a Border Patrol agent. If this is how people are being treated all along la frontera, it is obvious that our increasingly militarized borders are becoming decreasingly humanized.

    Amidst the rhetoric about a border wall and immigration reform, it is all too easy to get distracted by numbers or logistics and forget the human element. Joseph Stalin once said, “A single death is a tragedy; a million deaths is a statistic.” We have come to a point where the 400 reported deaths of immigrants attempting to cross the desert is merely a statistic; in fact, we are willing to sentence more to die by building walls which will only reroute people to more dangerous border-crossing zones. We are to a point where we have forgotten that, at its heart, immigration legislation is affecting real souls in real time.

    We must not forget that the Secure Fence Act of 2006 was not being discussed as a solution to drugs or terrorism at first. No, it was being discussed alongside several other immigration reforms which would have positively impacted people’s lives. Legislation like the DREAM Act, a bill which would have given students like my own the opportunity to utilize the scholarships they have already earned at some of the best universities in the country. Mcain’s proposal for a path to earned citizenship (dubbed amnesty) was also on the docket, a law which would have given hope to thousands and thousands of working immigrants hoping to one day “earn” their place as the Americans they already are.

    As we campaign against the border wall and advocate for true immigration reform, we must never lose sight of the fact that this is important because it will change people’s lives. Yes, immigration legislation will affect the environment, the economy, our society, our politics, our consumerism, our language base, our schools, and our communities, but more importantly it will change the lives of people like Yadira, Celina, Mayra, Alexa, Daniel, Jesus, Perla…