Castle Clinton, Then and Now

Last week, I heard the best compliment about the United States. Two LLM international law students from Ghana were talking about their lasting impressions of the United States and the University of Minnesota Law School, respectively. Unlike Europe, they both said, no one in the U.S. has ever asked them when they were going to leave.

This could be written off as merely overblown American pride. But it could also be the expression of something much deeper, much more important. Perhaps Brihan and Peter have never been asked about their exit because it is assumed they are here to stay and succeed, like so many other immigrants before them. And although the melting pot is a flawed metaphor, the beauty is that everyone is accepted because everyone is assumed to be striving for the same acceptance, same success, the same happiness.

Yesterday I found myself at Castle Clinton in Battery Park of New York City. Standing inside the circular battlements first designed to ward of the British in the War of 1812, I thought of the new welcome people receive coming to our shores. Since the World Trade Center towers fell just a few blocks from here, America has doubled its Border Patrol agents, tripled its budget, and is spending millions deporting some 250,000 extralegal immigrants every year (http://visalawcanada.blogspot.com/2008/10/interesting-perspective-on-canada-us.html). Lines lengthen on our northern border and nativism heightens on our southern boundary in the form of a border wall. Gone are the orange cones between Vermont and Canada which once designated the border and represented our mutual trust.

In 2001, Tom Ridge was instrumental in passing the Smart Accords, border security measures which simultaneously attempted to curb criminal activity on the border while expediting legitimate economic activity. The idea was to “manage risk” by submitting questionable vehicles to lengthy inspection while speeding daily commuters through on their weekday drive from Detroit to Windsor. Canada even went so far as offering the United States a section of Canadian ground for pre-clearance facilities, to cut down on border wait times. The U.S. government, however, pushed for full sovereignty on Canadian soil, and so this Smart Accords measure has stalled.

Our nation’s economic recession changes nothing in the way of its pull for immigrants. While Americans may feel that the “economic crisis” is being borne hardest by us, this is simply not the truth. Any look at international exchange rates or foreign papers will show the fear and downward plunge of foreign markets. No, this change in economy will not solve our immigration problems any more than a wall will. As Cardinal Roger Mahony of Los Angeles has stated, our country has posted both “Help Wanted” and “No Trespassing” signs – only one of which it is possible for us to change immediately (Heyer, Kristin http://www.americamagazine.org/content/article.cfm?article_id=11117). With hate crimes against Hispanics on the rise 25% since 2004, it is clear that the xenophobia behind the protectionist anti-immigrant sentiments is alive and well. May we learn to welcome the stranger among us.

It is clear that our current frenzy of border security measures has only rerouted undocumented immigration into more dangerous, tougher-to-enforce areas. While apprehensions in San Diego dropped by two-thirds from 1994-2000, the deaths have skied to more than 1,000 since the turn of the century(in contrast, 300 people died attempting to cross the Berlin Wall throughout its entire 28 years of operation). http://www.economist.com/displaystory.cfm?story_id=12332971)

As I turn around, taking in Castle Clinton and the unique view of Ellis Island from its stone archway, I think of the 8 million immigrants who came here before it closed its doors in 1890. My ancestors received basic healthcare exams and a brief orientation within these walls before they were set loose on the Pennsylvania coal mines.

New York is a microcosm of American immigration. Walking its streets once again, I am struck by how seamlessly ambassadors from a veritable league of nations pass each other on the busy avenues. In a quiet Midtown café this morning, the barista saw pesos in my hand as I scrambled to make change. “Could I have that to add to my collection?” And in a simple transaction at a café counter between a Minnesota law student and a Kansas-New Yorker, I am reminded how welcoming and curious we Americans truly are. Hopefully our immigrant policies will reflect that in the next presidency.

Leaving Borders

In Irun, the small town on the Spanish border with Spain, there has long been a border culture. During their revolutions and civil wars, residents of both countries traversed the imaginary line separating these two lands. A complex culture of smuggling developed, as in most border towns. People, goods, drugs- the rules of supply and demand are never bound by borders, however much governments might like to believe. While in Irun, I was told a story of a man who crossed and recrossed the border every day on his bicycle. The border patrol agents checked and rechecked this man, suspecting that he was transporting some contraband. Never once in the twenty years did they realize he was riding to France on an old bike and returning with a brand new model.

These sort of trickster stories, and the border culture they exhibit, have been made irrelevant by the erasure of borders in the European Union. America’s border with Mexico, though, must be creating hundreds of thousands of tricksters with the increasing militarization of la frontera and the constantly impending border wall now scheduled in Hidalgo County for July.

Driving out of the Rio Grande Valley on either 77 or 83, the only two evacuation routes, one encounters a military checkpoint complete with automatic weapons, drug-sniffing dogs, patrol cars, and heaps of bureaucracy. As I wait in line, my car packed to the hilt with all my earthly possessions, I contemplate that this is one of the many signs that the Rio Grande Valley is considered outside the mainlaind United States. Brownsville, the poorest city in the United States, is left below this second border in a no-man’s land, left to fend for itself. In fact, the talk of the town last week was that the United States Border Patrol was going to be checking the residency status of individuals during hurricane evacuations (Brownsville Herald) . That its citizenry must be questioned and searched before entering the rest of the continental U.S. is a stunning assumption of criminality. When it is my turn with the Border Patrol agents, I am waved along because of my white skin and American accent.

Tacitus once wrote in his Annals, “Once we suffered from our vices; today we suffer from our laws.” Indeed, unjust laws create criminals out of upstanding individuals, and in no area of legislation is this more true than immigration. Extralegal immigrants, many of whom came to the United States legally, are punished by our current law primarily for doing precisely the actions for which we praise our citizenry. The motivation of the majority of immigrants is religious freedom, economic opportunity, family safety, education, freedom of speech, liberty – how can an antiquated quota system cause some to be punished for acting on these principles and others to be praised?

As I drive north, farther and farther away from the Rio Grande Valley I’ve called home for the past two years, I pass the fertile hills of Kansas and the wide expanses of open grazing in Oklahoma and the lush fields of Iowa. I look at these natural wonders and think of how blessed I am to live in this land, and how attractive this must be to people receiving less than 8x the income we enjoy in our prosperous nation. I look at this massive farmland and know that extralegal immigrants know this land far better than I will ever understand; without them, many of these fields would lie fallow, so many of our meals would remain uncooked, so many houses would never be built, so many ideas never imparted, so many languages never added to the multiplicity of cultures here in the United States. Driving through the natural beauty along Highway 35, it is easy to see that natural law and constructed law clash when it comes to the issue of immigration in these United States. If we will only take a good look at our country and realize just how blessed we are, we would be more understanding of people desirous of migrating here. If we would only appreciate the perspectives and culture and language and talents that immigrants always bring, we would see extralegal and legal immigrants as the assets they are. If Spanish were not viewed as a language subservient to English, then perhaps we could learn from the Spanish immigration system as well as from Mexican and Latin-American immigrants themselves. As I leave the border region where the “rights” and “wrongs” of immigration laws are as muddy as the Rio Bravo and as I head north to study immigration law at the University of Minnesota this coming fall, I realize that I will never leave the border because the border is not a place on a map but a place in people’s hearts. In telling stories about the good people of la frontera and in studying the laws of immigration, I hope to turn the borders of American hearts into E.U. borders instead of the walled border in California and Arizona.

Immigration in all its Designs

Touring Spain, I am quickly being reminded of immigration in all its designs.  In the United States, we tend to imagine Mexican braceros or refugees, but often ignore or forget the host of reasons people migrate from place to place.  I am reminded of this at a long lunch with Rotarians in Coruña.  Jim, a British expatriate, keeps refilling my wine glass and inviting me to imbibe more alcohol as a fellow hailing from the British Isles (however long ago my Irish ancestors crossed the sea from County Mayo to Penn´s Woods).  Jim was just one of many ex-pats who willingly came to Spain some 40 years ago on business and never left. His friend and fellow Rotarian Richard was born in the heartland of Kansas, and his English still drawls like corn in the rain.  For every immigrant who returns, which historically comprises 30% of immigrants, countless more find much to love in their new country. 

The very idea of Rotary is one of international brotherhood and universal goodwill, and it squares with aglobal and historical view of immigration.  We are still departing from the hateful philosophy of eugenics, but people are coming to an understanding that there are no pure races, that the Irish of our stereotypes are really just descendants of Viking raiders who intermarried with the Gaels who hailed from northwest Spain since migrating all the way from India.  Immigration is not a new phenomenon, nor is it something to be contained or perceived in an epidemiological mindset.  People will inevitably travel, people will seek out lands where they can make the most impact, people will settle and integrate and assimilate because it is necessary for satisfaction.  The nativistic worries about racial blocs and unassimilable immigrant groups are unfounded, for as much as there have been concentrations of immigrant groups, their children undoubtedly grasp the culture which surrounds them in order to attain contentment. 

Though far from perfect, Spain is much closer to realizing a humane and accurate perception of immigration.  There are no deportations in Spain.  Though boats are turned away in the Grand Canary Islands and immigrants are refused from some ports, once those persons are here the Spanish government uses fines to oust extralegal residents who refuse to enter public society through the liberal immigration routes.  Here in Spain, it takes but 3 years for an extralegal worker to attain authorization, which is a significant step en route to full citizenship.  In the United States, similar immigrants must wait in an endless lottery which can take upwards of ten years to never.  Immigrants from Mali, Senegal, Morocco, Romania, Hungary, Brasil, Venezuela, Columbia, Ecuador, Uruguay – all these people are viewed as possible citizens by a system which tends to treat people as assets rather than criminals. 

In conversations with Jim and Richard, they air some criticism about Spanish immigration policies but are quickly silenced when I mention the proposed border wall, detention centers such as Hutto, and the xenophobic talks of massive deportation in the American immigration debate.  Though there is no such thing as a perfect, fully replicable immigration system, we must be moving towards comprehensive, compassionate immigration legislation which supports immigrants of all designs.