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Showing posts with label immigration. Show all posts
Showing posts with label immigration. Show all posts

Friday, February 8, 2013

A Look at Today’s Immigration Policy Debate within the Context of U.S. Immigration Legislative History

Editor: As we mentioned in our earlier post, we have supplemented our upcoming issue on the school-to-prison pipeline with a section on the school-to-deportation pipeline. Warren Blumenfeld, Associate Professor at Iowa State University, has just published the article below on the Education Liberation Listserv and has given his permission to circulate it. In his article, Professor Blumenfeld helps us to see the current debate within a larger context of U.S. immigration legislative history.



Immigration and Racism

By Warren Blumenfeld

Ohio State University



“Give me your tired, your poor,

Your huddled masses yearning to breathe free;

The wretched refuse of your teeming shore,

Send these, the homeless,

Tempest-tossed to me.

I lift my lamp beside the golden door!...”



Like the noble words from Emma Lazarus’s sonnet “The New Colossus” engraved on a bronze plague affixed to the pedestal of the Statue of Liberty, these sentiments express a foundational tenet on which the United States itself stands. In direct contradiction to this sentiment, however, immigration policy has not lived up to these guiding principles, based instead on essentialist and stereotypical notions of race, ethnicity, and religion.

In the current national debates over immigration reform, in its January 30, 2013 editorial, for example, the conservative National Review referred to “Hispanics” as “hostile to free enterprise,” and “[t]hey are disproportionately low-income and disproportionately likely to receive some form of government support. More than half of Hispanic births are out of wedlock.”

These racially- and ethnically-charged representations of minoritized people perpetuate a long and dishonorable tradition of preventing “the huddled masses to breathe free.”

We need to keep in mind that the notion of “race” is socially constructed. The concept of “race” arose concurrently with the advent of European exploration as a justification and rationale for conquest and domination of the globe beginning around the 15th century of the Common Era. Though “race” is a human-imposed invention, however, its implications have far reaching consequences impacting individuals and groups in profound ways.

While given the option of living in peaceful co-existence, European invaders stepped upon this land guided by the conviction that Providence destined them to expand from Atlantic to Pacific (from “sea to shining sea”) led by the so-called Anglo-Saxon “race.” This they used as justification in their unquenchable thirst for land ultimately resulting in their forced removal and physical and cultural genocide of indigenous peoples, and an unjustified imperialist-inspired war with Mexico.

“This continent,” a congressman declared, “was intended by Providence as a vast theatre on which to work out the grand experiment of Republican government, under the auspices of the Anglo-Saxon race” (quoted in Takaki, 1993, p. 176).

The Puritans fled England for the “New World” to practice their “Purer” form of Christianity, believing God had chosen them to form “a biblical commonwealth,” which would not tolerate any separation of “church and state,” or, indeed, any religious beliefs outside their own.

The newly constituted United States Congress passed the Naturalization Act in 1790 excluding all nonwhites from citizenship, including Asians, enslaved Africans, and American Indians, the latter whom they defined in oxymoronic terms as “domestic foreigners,” even though they had inhabited this land for an estimated 35,000 years. The Congress refused to grant American Indians rights of citizenship until 1924 with the passage of the Indian Citizenship Act, though it continued to deny Asians naturalized citizenship status.

Protestant American “Nativist” prejudices against Irish Catholics escalated in the mid-1850s when the so-called “Know Nothing” movement attempted to prevent Catholics from ascending to public office. After 1860, Irish were met with “HELP WANTED: IRISH NEED NOT APPLY” signs hanging in store windows.

Congress passed the first law specifically restricting or excluding immigrants on the basis of “race” and nationality in 1882. Attempting to eliminate entry of Chinese (and other Asian) workers who often competed for jobs with U.S. citizens, especially in the western United States, Congress passed the Chinese Exclusion Act to constrict their entry into the U.S. for a 10-year period, while denying citizenship to Chinese people already on these shores. The Act also made it illegal for Chinese people to marry white or black U.S.-Americans.

The editor of a newspaper in Butte, Montana summarized the exclusionist sentiment regarding the Chinese held by many U.S. citizens: “The Chinaman’s life is not our life, his religion is not our religion….He belongs not in Butte” (Swartout, 1992, p. 78).

The Immigration Act of 1917 further prohibited immigration from Asian countries, in the terms of the law, the “barred zone,” including parts of China, India, Siam, Burma, Asiatic Russian, the Polynesian Islands, and parts of Afghanistan.

Fearing a continued influx of immigrants, legislators in the U.S. Congress in 1924 enacted an anti-immigration law (Origins Quota Act, or National Origins Act) setting restrictive quotas of immigrants from Eastern and Southern Europe, specifically Poles, Italians, Greeks, and Slaves (so-called “PIGS” groups viewed as representing Europe’s lower “races”), including Jews (the later referred to as members of the so-called “Hebrew race,” considered the lowest of all the European “races”). The law, however, permitted large allocations of immigrants from Great Britain and Germany.

In addition, the law included a clause prohibiting entry of “aliens ineligible to citizenship,” which was veiled language referring to Japanese and other Asians dating back to the Naturalization Act of 1790 restricting citizenship to only “white” people and affirmed by a 1922 U. S. Supreme Court ruling (Takao Ozawa v United States) in which the government denied Takao Ozawa, a Japanese immigrant, the right to become a naturalized citizen because he “clearly” was “not Caucasian.”

Congress, in 1939, refused to pass an emergency measure, the Wagner-Rogers Act, which would have permitted entry of 20,000 children, primarily Jewish, from Eastern Europe over existing quotas. According to Laura Deleno Houghteling, cousin of F.D.R. and wife of the U.S. commissioner of immigration, who spoke out against the proposed legislation: “20,000 charming children would, all too soon, grow into 20,000 ugly adults.”

The 1952 the McCarran-Walters Act overturned the 1924 law. Later, framed as an amendment to McCarran-Walters, the Immigration and Nationality Act of 1965 removed “natural origins” as the basis for U.S. immigration. The 1965 law increased immigration from Asian and Latin American countries and religious backgrounds.

Horace Kallen, a Jewish immigrant and sociologist of Polish and Latvian heritage coined the term “cultural pluralism” to challenge the image of the so-called “melting pot,” which he considered inherently undemocratic. Kallen envisioned a United States in the image of a great symphony orchestra, not sounding in unison (the “melting pot”), but rather, one in which all the disparate cultures play in harmony and retain their unique and distinctive tones and timbres.

Returning to today, if we learn anything from our immigration legislative history, we can view the current debates as providing a great opportunity to pass comprehensive federal reform based not on “race,” nationality, ethnicity, religion, or other social identity categories, but rather, on humane principles of fairness, compassion, and equity. We have a wonderful chance now to avoid the mistakes of the past and finally to “lift [the] lamp beside the golden door!”

References:

Swartout, R. R., Jr. (1992). From Kwangtung to the big sky: The Chinese experience in frontier Montana. In R. R. Swartout, Jr. & H. W. Fritz (Eds.), Montana heritage: An anthology of historical essays (pp. 63-82). Helena: Montana Historical Society.

Takaki, R. (1993). A different mirror: A history of multicultural America. Boston: Little Brown.

Warren J. Blumenfeld is author of Warren’s Words: Smart Commentary on Social Justice (Purple Press); editor of Homophobia: How We All Pay the Price (Beacon Press), and co-editor of Readings for Diversity and Social Justice (Routledge) and Investigating Christian Privilege and Religious Oppression in the United States (Sense).


Permission granted to forward, post, or publish this commentary: warrenblumenfeld@gmail.com

Sunday, October 23, 2011

More Collateral Damage from the Alabama Anti-Immigration Law

The Associated Press (October 22, 2011) reports that "Spanish-speaking parents say their children are facing more bullying and taunts at school since Alabama's tough crackdown on illegal immigration took effect last month. Many blame the name-calling on fallout from the law...."  One can only wonder how many more are afraid to come forward.

Residents can report any incidents of bullying, threats or violence on a special telephone hotline and e-mail address that has been set up by the Justice Department.

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The problem of bullying is finally starting to gain national attention.  A good film around which to start a community discussion is "Bullied, A Student,  A School, and a Case that Made History."  It is put out by the Teaching Tolerance folks. 

Bullied: A Student, A School and a Case that Made History


Bullied is a documentary film that chronicles one student’s ordeal at the hands of anti-gay bullies and offers an inspiring message of hope to those fighting harassment today. It can become a cornerstone of anti-bullying efforts in middle and high schools.
Bullied includes:

•A 40-minute documentary film (DVD), with closed captioning and with Spanish subtitles

•A two-part viewer’s guide with standards-aligned lesson plans and activities for use in staff development

•Additional materials online

Bullied is designed to help administrators, teachers and counselors create a safer school environment for all students, not just those who are gay and lesbian. It is also intended to help all students understand the terrible toll bullying can take on its victims, and to encourage students to stand up for their classmates who are being harassed.
Readers can obtain a copy at: http://www.tolerance.org/bullied

Sunday, October 2, 2011

The Latest Casualty of Alabama’s New Anti-Immigration Law: The Children

A recent Associated Press article (September 30, 2011) has pointed out a disturbing consequence of Alabama’s new anti-immigration law – a vanishing number of Hispanic students from the public schools. One of the provisions of the new law requires schools to gather statistics on the number of new undocumented students attending the schools after September 2011. The AP article reports that “local and state officials are pleading with immigrant families to keep their children enrolled" and have tried to assuage some of their fears. Despite the reassurances that the law does not ban anyone from school, many families are reportedly starting to withdraw their children or planning to leave the state.

Although the law purports to collect statistics only, it is having a strong intimidating effect. In fact, in an early analysis of the original law, the ACLU had pointed out “that deterring children from school was one of HB 56’s motivating purposes. For example, HB 56’s sponsor, Rep. Micky Hammon, described the bill as motivated by the costs of ‘educat[ing] the children of illegal immigrants,’ and predicted that enforcing HB 56 will result in ‘cost savings for this state.’” (Go to http://www.aclu.org/ for “Preliminary Analysis of HB 56 Alabama Taxpayer and Citizen Protection Act”)

 The bill does indeed seem to have this effect of driving children away from the public schools even if it doesn’t require citizenship for enrollment in its schools. In fact, as far back as 1982 in a landmark case, Plyler v. Doe, the U.S. Supreme Court ruled that states could not deny access to a free public education to children on the basis of their immigrant status. Despite the fact that this case was decided almost thirty years ago, the U.S. Department of Education had to recently remind school districts in a letter released on May 10, 2011 that expressed concerns that some districts were discouraging undocumented children from enrolling in their schools.  At the same time, the Civil Rights Division of the U.S. Department of Justice has been hearing several complaints.

On September 28th, the N.Y.Times reported that most of the new Alabama law that had been challenged by the Obama administration and civil rights groups was upheld by Judge Sharon Lovelace Blackburn of the Federal District Court in Birmingham. While blocking the provision that would have barred illegal immigrants from enrolling in or attending public universities, she did uphold the section that requires elementary and secondary schools to determine the immigration status of newly enrolled students.
The civil rights groups challenged this last section on the ground that it would unlawfully deter students from enrolling in school, even if it did not explicitly allow schools to turn students away. The judge dismissed their challenge for lack of standing, though she did not rule on the argument’s merits.
The Obama administration has announced that it will be appealing the ruling and has filed court documents on Friday. We will continue to keep readers informed of future coverage of the case and its consequences.

Thursday, December 23, 2010

Recommended Changes to a future DREAM Act

Although the DREAM Act was not passed by the current Congress, it will undoubtedly come up again for consideration. At its recent convention in October, the Illinois Federation of Teachers had recommended that the bill include more options. Concerned with the militarization and the limited options of the current bill, the IFT had recommended four changes for a more just version of the bill. Perhaps, a future bill will accommodate these changes:

1. Include a community service path to legalization

2. Include a vocational path to legalization

3. Allow undocumented youth access to Pell Grants and federal financial aid money to offer an honest chance to go to college

4. Allow youth to petition their parents for legal status