Petition from Fight for the Future: Don’t break end-to-end encryption for Facebook and WhatsApp messages.
This past week in Slate (2019-08-19):
The Grim Worldview Behind Trump’s Anti-Immigrant Push, the Hong Kong Protests, and the Kashmir Crisis
The upheavals in all of these nations are all connected.
By JOSHUA KEATING
Also — according to Keating — so are the the revocation of birthright citizenship and ethnic cleansing of ethnic Haitians in the Dominican Republic, the assaults on Rohingya populations in Myanmar and Bengali Muslims in Assam, the One China policy, fears of renewed troubles on the Irish-Northern Irish border in case of a hard Brexit, and separatist conflicts in Kurdistan and Catalonia.
The grim idea that connects them all turns out to be. . . state projects of legibility:
These stories are all signs that national governments are waging a war against ambiguity—of citizenship, of territorial status—to enforce a rigid and uniform vision of statehood. Those who carry out and defend these policies believe they are enforcing order and protecting their societies from lawlessness, but they’re likely to result in a more chaotic and disordered world.
It’s been 100 years since U.S. President Woodrow Wilson, in the wake of World War I, called for the world’s empires to be broken up into states “along clearly recognizable lines of nationality.” But the world is not as orderly a place as the 193 different-colored blobs on a world map would suggest. There are patches of land or groups of people that don’t quite fit neatly into the country they’ve been assigned, creating ambiguity—a condition where political sovereignty and citizenship status are ill-defined or even contradictory. These pockets of ambiguity consist of cultural minorities who find themselves on the wrong side of colonial-era borders, or places like Hong Kong that, for historical reasons, have a significantly different political culture from the country they’re now a part of.
Governments don’t like ambiguity when it comes to their territory or citizenry. In his book Seeing Like a State, the anthropologist James Scott describes how modern states strive to make society “legible”: to “arrange the population in ways that simplified the classic state functions of taxation, conscription, and prevention of rebellion.” This desire for “legibility and simplification” is something all modern bureaucracies share. But in this era, governments have found they can use this desire to fuel an ethnic nationalist political project. By enforcing strict legibility and outlawing ambiguity, governments have a ready pretext to keep undesirable foreigners out, demote the status of minority groups, or end special protections for populations who enjoy a certain level of autonomy. This strategy may not be new. But it’s been widely embraced in our era by governments of very different political persuasions.
–Joshua Keating, The Grim Worldview Behind Trump’s Anti-Immigrant Push, the Hong Kong Protests, and the Kashmir Crisis
Things Like This Happen Every Day
But forget the particularities of my case. Here’s the larger point: things like this happen every day, dozens of times a day, in every municipal court in the land. And they happen more often than that in a large number of vehicle stops made on every roadway (and some driveways and parking lots) in the land. Huge numbers of traffic cases, along with misdemeanor and petty disorderly persons cases, give the appearance of serving some legitimate “law and order” purpose but are really just legalized and legalistic mumbo-jumbo tied to revenue-generating schemes. Such schemes are themselves driven not only by law enforcement agencies but by the kind of upstanding citizen who demands “government services” without wanting to pay for them.
–Irfan Khawaja, Cashing the Check of Justice
Policy of Truth (19-Sextilis-2019)
Nancy Pelosi hit the news last week when she criticized Donald Trump’s now-abandoned proposal for a Census citizenship question, and when she described it as motivated by racial resentment:
Pelosi Says Trump Seeks toMake America White Againin Census
By Steven T. Dennis
July 8, 2019, 2:15 PM CDT Updated on July 8, 2019, 4:42 PM CDT
House Speaker Nancy Pelosi accused President Donald Trump’s administration Monday of wanting tomake America white againwith its plan to add a citizenship question to the 2020 census.
You know his hat?Pelosi said at a press conference on election security.Make America white again.They want to make sure that people, certain people, are counted,It’s really disgraceful and it’s not what our founders had in mind.
–Steven T. Dennis, Pelosi Says Trump Seeks toMake America White Againin Census
Bloomberg, 8 Quintilis 2019.
It’s not unusual for me to disagree with Nancy Pelosi about politically salient topics. But let me mention a few things that I certainly agree with her about:
A lot of Trump’s political proposals coming are, obviously, fundamentally antagonistic to free immigration, hostile to immigrants as people, and harmful to immigrants and their families.
This proposal for a citizenship question is pretty surely an example of that.
A lot of Trump’s anti-immigrant politics are driven by — or sold on the basis of — white racial resentment, and by more or less explicit anxiety about non-white immigrants and large-scale trends in race and demographics. The citizenship question is probably an example of that, too.
That (#1, #2, and #3) really is disgraceful.
What I have to disagree with, here, is that bit at the end. The bit about
what our founders had in mind. It’s really not that different from what they had in mind at all. It would have been nice, and it would have been better for America and the entire world if the Founders had something very different in mind from immigration policies crafted to
Make America White. It would have been nice, but it isn’t so, and Patriotically Correct aspirational history can’t make it so.
Here’s what the Founders had in mind: in 1790, when Congress passed the first Naturalization Act for the newly-constituted United States, the language of that act directly stated that immigrants had to be white to become part of the citizenry of America:
being a free white person was an explicit prerequisite for naturalization. Here’s where the Founders wrote down what they had, explicitly, in mind:
Section 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That any alien, being a free white person, who shall have resided within the limits and under the jurisdiction of the United States for the term of two years, may be admitted to become a citizen thereof, on application to any common law court of record, in any one of the states wherein he shall have resided for the term of one year at least, and making proof to the satisfaction of such court, that he is a person of good character, and taking the oath or affirmation prescribed by law, to support the constitution of the United States, which oath or affirmation such court shall administer;
— An Act to establish an uniform Rule of Naturalization (March 26, 1790)
United States Statutes at Large, First Congress, Second Session, 103ff. (Source: Legally White: Naturalization Act of 1790)
Every amendment to the Naturalization Act passed from 1790 up until 1952 repeated the
free white person prerequisite formula, or a close variation on it.
The Founders’ generation wrote the prerequisite of being
white, quote unquote, over and over again, into constitutions and laws specifying the rights and obligations of citizenship more broadly, at the federal level and at the state level. Skin color prerequisites, nearly identical to the federal prerequisite, were written even more pervasively into the state constitutions and legal codes of antebellum Southern states. For example, in Alabama, the same formulas made white skin color an explicit prerequisite for the franchise and for political office. At the federal level, to take another example, in 1792 Congress said that the color of your skin (as well as your gender and citizenship) mattered to your eligibility, and obligation, to serve in the militia:
Section 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That each and every free able-bodied white male citizen of the respective states, resident therein, who is or shall be of the age of eighteen years, and under the age of forty-five years (except as is herein after excepted) shall severally and respectively be enrolled in the militia by the captain or commanding officer of the company, within whose bounds such citizen shall reside, and that within twelve months after the passing of this act.
— An Act more effectually to provide for the National Defence by establishing an Uniform Militia throughout the United States (May 8, 1792)
United States Statutes at Large, First Congress, Second Session, 271-274. (Source: Legally White: Uniform Militia Act of 1792).
There is no question that the Founders conceived of the United States government, and framed it explicitly, as a racial state, and that whiteness was an explicit condition on citizenship and political participation. I don’t mean that a tacit desire to
Make America White shows up if you read between the lines of political rhetoric in a slaveholding Republic; I mean that they wrote down the words
white person in laws as a prerequisite. It directly shaped their conception of citizenship; it was explicitly part of their immigration and naturalization policy. If you weren’t a
white person, you couldn’t become an American citizen. That shouldn’t be very surprising:
our Founders founded the United States as a slaveholding nation. Of course what they had in mind closely linked whiteness with immigration and citizenship. What else would you think they
had in mind?
I hope it should go without saying that this is not any kind of argument in favor of racially discriminatory immigration politics, or whites-only naturalization laws, or the desire to whiten or re-whiten the American citizenry. The fact that the United States has a long tradition — going back to the Founders themselves — of racially discriminatory immigration and citizenship laws isn’t any reason to think kindly of the traditional, white supremacist approach. It’s a reason to think worse of the United States government, to be much more skeptical of traditional American patriotism and veneration or invocation of
our Founders, and to put a lot less political weight on
what our founders had in mind. Those fellows had some good ideas. They also had some really awful ideas. When it comes to questions of race, or to questions about whiteness and immigration specifically, the bad ideas were pretty prominent. Whatever deeper values Nancy Pelosi might find implicit in the best versions of the Founders’ very best intentions — and however much she might think or hope that the old racial prerequisite law was an aberration or an inconsistency — there is just no way that you can reasonably pretend that
Make America White Again is something different from what they
had in mind when they came together in Congress assembled and wrote laws like the Naturalization Act of 1790. Trump’s race-baiting immigration politics are certainly disgraceful. But then, so were theirs. You shouldn’t try to make your political points against the one with this kind of whitewashing of the other, or by substituting this sort of aspirational liberal self-identity in place of the much messier historical fact.
- GT 2017-09-22: Aspirational history and the Color of American Citizenship
- Ian F. Haney-Lopez, White By Law: The Legal Construction of Race
- In that it seems to be mostly motivated by a political agenda to gather information that would be useful for anti-immigrant politics and for concrete policies to politically disadvantage communities with large immigrant populations (for example, by encouraging Republican-dominated state governments to use the information for apportionment and redistricting of legislative seats). In the current political climate, the question would be intimidating or actually dangerous to immigrants who are asked to fill out Census forms — and especially to undocumented immigrants. The possibility of real danger is an outside chance, but not a wild speculation. It’s not necessarily a very auspicious sign when the United States government becomes really interested in finding and counting politically controversial populations. And that information was turned over, at least once in American history, to other branches of the government, who used it to find targeted people and imprison them. The Census Bureau says that there are legal protections in place that prevent them from turning over the information to other branches of the government. But there were supposed to be legal protections in place in 1940, too. The legal protections were repealed in the midst of the war crisis. Maybe the government won’t ever do it again. But there is not much reason to be very certain about that.↩
- In 1870, in the wake of the Civil War and Emancipation, Congress began to add other categories of race, color and nationality to make other, non-white groups eligible for naturalization, beginning with
aliens of African nativity and … persons of African descentin 1870. But for the next 80 years they continued to use the racial prerequisite as a means to exclude any non-white immigrants who didn’t fall into one of the favored groups. From 1870 to 1924, they allowed them to immigrate but excluded them from citizenship; after 1924, they excluded them from immigrating at all, as aliens
ineligible to citizenship.Throughout those eight decades, a series of
prerequisite casesin the federal courts — beginning with In Re Ah Yup — repeatedly affirmed that being white or non-white absolutely did matter to a person’s eligibility for American citizenship. The difficult issue that they litigated over and over again was the uncertain or porous legal and social boundaries of who counted as
white, or at least as white enough for government work. For example, Chinese and Japanese immigrants did not; Mexican immigrants did. For many immigrant groups, including Arabs and South Asians, different courts made numerous, sometimes inconsistent rulings. A good, standard reference on this series of cases is Ian F. Haney-Lopez’s White By Law: The Legal Construction of Race.↩
- A standard historical
shit’s complicatedcaveat: the Naturalization Act of 1790, and all the later amended acts that kept the
free white personformula intact, were laws that governed naturalization, that is, citizenship; they were not — at the time — laws that restricted immigration. Until 1875, the U.S. had no federal laws that restricted free immigration to the United States or prevented aliens from residing in the country. Until 1924, the U.S. had no laws preventing
aliens ineligible to citizenshipfrom immigrating to or living in the country. So in the Founders’ day, there were plenty of non-white immigrants who could legally move to and live in the U.S., but who could never become U.S. citizens. That said, there’s percious little evidence that any of the Founders thought it was particularly desirable for lots of free but non-white immigrants to come to the U.S. It’s just that the use of large-scale, systematic immigration controls as a means of excluding supposedly undesirable immigrants are really the product of much later generations, and of a much more expansive and centralized national government.↩
[Donald John Trump]: Well, that’s like I’ve been saying. If they fixed the laws, you wouldn’t have that. People are coming up; they’re running through the Rio Grande. It’s a rough — it can be a very rough river of sorts. I mean, there are times when going across the Rio Grande is very, very dangerous, depending on the time of year and the conditions and the rapidity of the water. And we know that.
And we have many, many guards there, but people go through the guards. If we had the right laws that the Democrats are not letting us have, those people, they wouldn’t be coming up. They wouldn’t be trying.
We’re building the wall. It’s under construction. It’s — a lot of it is under construction. We’ll have over 400 miles next year, by the end of the year.
But it’s very important. They can change it very easily so people don’t come up. And people won’t get killed. Women are being raped on the journey up. You have these caravans. Women are being raped. And one of the terrible things: Children are actually being brought into slavedom [sic]. If you look at what’s happening — the cartels and the coyotes, they’re getting rich because the Democrats refuse to change the loopholes. They refuse to change the asylum. In one hour, we could have it done.
They want to have open borders, and open borders mean crime. And open borders mean people drowning in the rivers. And it’s a very dangerous thing.
On the face of it, this is one of the most lunatic statements, one of the most wildly inhuman political responses, and one the most obscene instances of talking with a corpse in your mouth that I have seen to date from a man and a governmental administration that have spent their time in the White House doing little other than cranking a built-to-purpose outrageous political palaver garbage machine generator.
Perhaps it does not need saying that open borders mean precisely that no little girl ever dies drowning in a river again. Because open borders mean that people could and obviously would cross over rivers openly, on bridges or ferries, in cars or boats or machines flying safely through the air. Open borders means breezing past long-abandoned checkpoints without fear of criminalization, arrest, internment or deportation. Blaming the deaths of Óscar Alberto Martínez Ramírez, and his daughter Valeria, on
open borders is like blaming the Tiananmen Square Massacre on
freedom of assembly — it is insane, because if you had the latter there wouldn’t be any particular reason for the former; and it is obscene, because it is blaming the victim for a situation that is entirely and only created by Power’s choice to keep on relentlessly pursuing repressive force. Open borders mean safe and open crossings; they don’t mean drowning, any more than an open swimming pool does.
Perhaps it does not need saying that it is precisely the relentless, maniacal insistence on walling off frontiers and choking off border-crossing that sends families out into the most dangerous, most inaccessible places in order to try with cartels, coyotes, smugglers and the roughest passages that remain. The great crime and the great shame of the Democratic Party is that they have never once called for open borders, and when in control of the presidency they have — over and over again — played the leading role in building up the machinery of overregulated immigration, paramilitary border policing, closed crossings and mass deportation that we unhappily live with — or die at the hands of — today. Democrats don’t want to have open borders. I desperately wish they did. I desperately wish they ever had done even one little thing to move in that direction. But they haven’t, and they don’t, and they probably never will. So much the shame of Democrats.
Bordercrats know this, of course — they know that if borders actually were open, then people would cross safely, openly and frequently. They know that if borders actually were open, Óscar Alberto Martínez Ramírez, Tania Vanessa Ávalos, and their daughter Valeria would be safe in Texas today, starting out in a new town and looking for work. It is precisely for that reason that they politically oppose open borders — because they don’t want that many people crossing the border, or they don’t want those specific people crossing the border, or they don’t want some of the people who would cross the border, if the Ramirezes could cross the border, to cross it. That’s precisely what it means to close or control the border; there is no third alternative. You might openly embrace the misery, suffering and death that results. Or you might acknowledge it, regretfully, as the necessary human cost of your political policy, and of its rigorous enforcement. Perhaps there is a sense in which the desire to shift the blame instead of doing either represents a certain sort of vestigial, suffering sense of decency that even Mr. Trump, at long last, still has left. Perhaps there is a sense. But if so, it doesn’t matter very much.
- Their names were Óscar Alberto Martínez Ramírez, and his daughter Valeria. They came from El Salvador. He was 25. She was a little girl, only 1 year, 11 months old. She died trying to reach her father again. He died trying to save his daughter’s life. They are survived by Tania Vanessa Ávalos, Óscar’s wife and the little girl’s mother.↩