Intention
I’ve come across the terms “amnesty” and “abolition” from a myriad of texts in regard to articles, textbooks and the labeling of notable organizations/events. To illustrate this point, “Amnesty International,” is the non-profit organization from the UK that advocates for human rights around the world, and “abolitionists” around the 1860s during the Civil War Era worked to end slavery and the Atlantic Slave-Trade in America. Although these terms have passed through my ears during class and even my forethoughts, I have never taken into consideration their true meanings. “Amnesty” is defined as an official pardon for people who have been convicted of political offenses. “Abolition” (often associated with slavery) is defined as the action or an act of abolishing a system, practice, or institution. These specific definitions add another layer of depth to the title of this week’s reading “Amnesty or Abolition,” as well as the true mission those who are attempting to tackle the issues we are facing today, related to immigration, mass incarceration, and the structural inequalities that undermine minorities and keep the dominant group in power.
In recent years, especially with the Trump Administration in office, America has been shown the worst of the immigrant crisis in Mexico. The continuation of news bombardment, full of numbers in the hundreds of thousands in terms of immigrants, the billions of dollars America has spent “addressing this crisis”, and the alienation/criminalization of asylum seekers all to instill fear in American citizens, and only for America to justify their actions in such a crisis with a blanket statement of “America first.” However, there is a deeper desire in America’s actions against immigration, related to the conceptual hierarchal structure that deems minorities as “less than” and therefore, warrants the behavior that we see happening in the media; stripping people of basic human rights, and therefore, their ability to exercise free will. This week’s reading, “Amnesty or Abolition” written by the Kelly Lytle Hernández, a professor at UCLA, reveals a different side of immigration in America, one that reveals the deep-rooted, racially fueled hatred towards minorities, along with a timeline of America’s inhumane and discriminatory actions that have led to how we handle immigrants today.
In her writing, Hernández looks into the history of immigration, starting from the post-Civil War Era. Slaveowners in the South were quietly importing Chinese contract workers to enact the same labor patterns as African slaves. These Chinese workers were called “coolies” as a degrading term, thought of as racially inferior. Congress then passed the “Anti-Coolie Act of 1862” in order to prevent the creation of a new form of “unfree” labor, essentially employment against one’s will. Although Congress was suggesting this bill as a protective measure both against the creation of more slavery, it was actually one of the first methods of discriminatory immigration control. The decades following this bill, Congress had categorically prohibited people of Asian descent from entering the county, creating a national origins system that granted visas to only 2% of nationalities on top of other exclusion acts (such as the Chinese exclusion act of 1882). Frederick Douglas, the famous abolitionists, was able to see through the Anti-Coolie Act, even before being passed by Congress. He stated, “It was not the Ethiopian as a man, but the Ethiopian as a slave and a coveted article of merchandise, that gave us trouble,” meaning that the problem was not the person, but the laws and racial structures that allowed them to be in that position as a slave (56). Hernández talks about not only enforced racist sentiments against minorities, but it allowed them to flourish. She states, “It degraded human rights, fueled forms of racial thinking, and encompassed strategies of exclusion that African Americans were battling…” alluding to the fact that laws in place are not for the protection of the citizen nor immigrant, but really to undermine the immigrant, which is the pattern of behavior we see today with Mexican immigrants. Having knowledge of the first form of immigration control supports the understanding of how the foundation for current immigration control was formed and creates critical consciousness for the inherently racist roots of these laws.
When immigration started to become restricted, people started coming in by violating U.S. immigration laws. For example, they used fraudulent documents, wouldn’t go through an inspection, or overstayed visas. In a time where there was no particular status of persons coming into the country unpermitted by the government, “illegal immigration” was coined a term. This triggered an onslaught of cases for deportation, where the US Supreme Court ruled that immigrants and even lawful permanent residents, could be deported from the country at any time for any reason one could find. Hernández states, “For the first time since slavery, an entire category of people in the United States could be imprisoned without a trial by jury,” meaning immigrants had none of the same rights in the justice system as American citizens held (pg. 57). This carried the sentiment within the country, that deportation was a form of “ridding” essentially taking action to rid an “alien species” who would never belong in America, and so brought up the fear of deportation causing immigrants everywhere to feel an overwhelming sense of paranoia. Deportation was not seen as “‘punishment for crime’” but rather an administrative process of returning immigrants to the place where they belonged,” only adding to the fact that the American government justifies its actions under the “America first” blanket (pg. 57). This mandated Border Control to perform search and seizures, and to enact racial targeting through raids of areas with higher concentrations of minorities, particularly immigrants from Mexico whom many came in unauthorized. Facing issues today, deportation is seen by many as a solution, rather than an issue. Justifying deportation on the grounds of unlawful search and seizures, as well as racial targeting which Border Control employs, is a means for the dominant group to keep in power, by stripping human beings of human rights. Understanding the origin of deportation, and its original intentions, as a way to rid those who didn’t fit that racial status quo, it is important in order to understand the intentions of deportations right now, and how it affects the lives and actions of those who live under the threat and fear of deportation.
Despite deportation being deemed “not a punishment, but a way to return people to where they belong,” the current situation of mass incarceration only reveals the true intentions of incarcerating and deporting immigrants, particularly those from Mexico. Hernández states that “African Americans and Latinos, together, constitute 67 percent of the total state prison population…” and this is present in Californian prisons, as there are high numbers of Mexican immigrants coming into the U.S. through California (pg. 64). A disparity this large may have some believe this problem is caused by the people incarcerated themselves, specifically because of ethnicity or a stereotype associated with these two groups. However, is not due to the people themselves, rather it is the laws and the societal structure that forces them in such a place. Border Control Hernández states “Today, over 60 percent of all deportations from the United States are triggered by criminal convictions, mostly traffic offenses, nonviolent drug crimes, and immigration-related violations” and those who are identified for deportation spend about a month in a detention center (pg. 63). Immigrants and other minorities are more likely to get detained and arrested for low level crimes than regular U.S. citizens. Certain locations even get reimbursed (if you will, “rewarded) for specifically seeking out immigrants to detain and deport, incentivizing racial violence and targeting. As stated before, deportation isn’t a punishment, and as repeated time and time again, prison is for protection. These statements ring true to the ears of Americans, but under its facade, they are ultimately threats. They are threats to prevent people from ever attaining the same citizenship rights that American citizens carry. They preserve the same racist narrative of marginalization that America has been playing since the formation of this country, used as a power play by the dominant group to maintain and exercise power at the expense of the helpless subordinate groups. There is much to be said about the intentions of the country, and knowing prior intentions of actions within immigration control is important to change that narrative today.
The disparities revealed in “Amnesty or Abolition” regarding immigration control and incarceration are all rooted in the structural racism that places minorities into conceptually hierarchal categories, never allowing those placed at the bottom of this system to reach their full potential. However, New Generation Scholars are attempting to break this hierarchy, acting upon the “amnesty” and “abolition” definitions and set out on a mission to change the status quo. As Hernández has stated, the majority of those in prison are of African and Latino descent, which alludes to a very clear structural inequality based upon race, where we keep them incarcerated, not to protect society, but to keep the population marginalized because the dominant group wants to keep the upper hand in society. With New Generation Scholar’s program of tutoring, college preparedness, and various other educational and life-aiding programs, they aim to lessen this disparity between those who are economically/racially advantaged and disadvantaged, and it’s clearly working. I have met some of the students who say they come from lower-income households, with parents that have no time to help them with school because they hold several jobs. They would otherwise not have the proper resources to access help, therefore affecting academic performance. I’m so proud to not only be a part of a program that helps to educate children and give them the tools to further their academics and future careers, but I’m so proud of the kids at NGS, who are so motivated to do better at school and are so kind-hearted, wanting to fulfill roles that help others in their community for a better future.
Along with the topic of incarceration, coronavirus, also known as COVID-19, has affected the entire world, alerting everyone to practice social distancing, proper hygiene (as per CDC), and avoiding large crowds/gathering in large crowds. Prisons, however, are essentially giant crowds housed inside one facility, where most have frequent interactions with each other, guards, and staff. There most likely is a standard sanitary and cleansing system, but it is nothing to the degree that a hospital will provide (i.e. isolation wards and negative pressure rooms). This creates the perfect environment for the virus to flourish and spread, making this a topic that the government has been discussing. In an NPR article written by Jimmy Jenkins titled “Prisons And Jails Change Policies To Address Coronavirus Threat Behind Bars,” they show what prisons have been doing to prevent the outbreak of coronavirus, that would’ve been considered outrageous pre-outbreak era. For example, prisons have been adjusting sentences to release inmates early with non-violent charges, as well as suspending copays for hygiene products for those who display symptoms. Jenkins states, “‘The Vera Institute of Justice has issued guidance for better hygiene in prisons and jails, recommending facilities “provide free hand sanitizer and antibacterial soap to all people in custody and replenish several times a week,’” which is great that there is action to increase hygiene to protect inmate health, however, this reveals a grimmer side of prison life (Jenkins, 2019). The basic necessities aren’t met in prison facilities that hold tens of thousands of inmates each year, where the confined spaces probably require even more cleaning to maintain health. However, with the recent coronavirus outbreak, it seems these types of actions are only being implemented because of a crisis, not because it is seen as necessary. Jenkins states, “The burden of paying for hygiene products often falls on the families of incarcerated families,” meaning that on top of the trauma of having a relative imprisoned, they must also bear a financial burden they never asked for. Prisons were supposed to be places for rehabilitation so inmates after release can become functioning citizens. Instead, they have become cruel and inhumane forms of punishment, that continues to punish them for the rest of their lives because of reincarceration rates. I hope through this time, the government can focus on the health and well-being of its citizens, and make health a priority in general within our penitentiary systems.
