Posts Tagged: immigration

How Policy Nihilists in the Senate Doomed LGBT Immigrants

Posted by & filed under .

Did you need more proof that our Senate is broken?


 

The immigration bill crafted by the Senate “Gang of Eight” passed the Senate Judiciary Committee Tuesday evening, with a 13-5 vote. Every senator involved in the markup session leading up to the vote was very proud of him- or herself for how great the markup session was going. Especially after the senators bravely shot down a proposal to recognize the marriages of LGBT immigrants.

It was a very self-congratulatory affair, as each senator congratulated every other senator for their great legislative skill, their deeply held principles and their impressive civility. The markup deliberations were “courageous,” Sen. Richard Blumenthal, D-Conn., said, in reference to a bunch of people, mostly old dudes, carefully deciding exactly how awful they had to make an immigration bill before it could pass a Congress full of bigots, cynical fake-bigots and wingnuts. Even Ted Cruz was sort of civil as he hectored the committee for not passing his amendments, most of which were designed to ruin the bill. Everyone who opposes the bill, and those proposed amendments designed to sink it, had to say that they deeply wanted immigration reform to happen, it’s just that they defined reform as “no citizenship plus a bigger fence.” (Also everyone referred to the bill’s authors as the “group of eight” and not a “gang.”)

The most dispiriting moment came late in the amendment process, when Judiciary Committee Chairman Pat Leahy was forced to withdraw his own amendment, which would have treated same-sex couples equally under the proposed law. And senator after senator announced why they couldn’t support it. Not necessarily because they didn’t think gay couples deserved the same protection of the law, but because, you know, their colleaguesdon’t support it. Not because their colleagues are unkind! Just because, you know, their constituents are still a bit squicked out by gay people.

 

Sen. Lindsey Graham went first, saying he opposed the inclusion of gay couples’ protections in the bill.

“If you redefine marriage for immigration purposes [by the amendment], the bill would fall apart because the coalition would fall apart,” he said. “It would be a bridge too far.”

Sen. Dianne Feinstein cited Graham’s comments, then, saying, “I think this sounds like the fairest approach, but here’s the problem … we know this is going to blow the agreement apart. I don’t want to blow this bill apart.”

One Democrat after another caved, entirely because they knew that if they supported LGBT rights, pathological deal-destroyer Lindsey Graham would destroy the deal. (He basically promised as much.) This is the micro form of the problem Democrats have been having since Obama took office: They want their legislation to pass, because they support the goals of their legislation. Republicans are indifferent, usually, to the goals of legislation and more concerned with how supporting or opposing bills makes them appear.

Democrats want immigration reform to pass because they want immigrants to have a chance to become citizens. Senate Republicans want to be seen as in favor of reform but they also wouldn’t mind (and in many cases would prefer) being seen as having been forced to regretfully withdraw their support from the reform proposal, because Democrats “overreached.”

So yesterday was a game where Republicans try to see how bad they can get away with making the bill, in order to try to get Democrats to jump ship, while Democrats tried to see how bad they had to allow the bill to be in order to retain Republican support. It’s healthcare all over again! In that fight, Republicans knew they had a strategic advantage, because Democrats desperately wanted to extend healthcare coverage to all Americans, and Republicans did not give a shit about that goal. So Republicans (and Lieberman) could just screw with the bill as much as they wanted and then not support it at all, confident that Democrats were too attached to the broader goal to give up on the bill just because there was no public option or Medicare buy-in.

Everyone in the Senate yesterday pretended the markup session and vote were an example of legislating the way it’s supposed to be done, with both sides agreeing to tough compromises and bravely chucking aside special interests in favor of the broader good. But it was just another fight between a group of people committed to a cause and a bunch of policy nihilists. The policy nihilists have a built-in advantage, every time. They are happy to exploit that advantage. That’s why Democrats had to abandon same-sex couples, and that’s why doing so still doesn’t guarantee the bill’s success.

 

Related Stories

How Policy Nihilists in the Senate Doomed LGBT Immigrants

Posted by & filed under .

Did you need more proof that our Senate is broken?


 

The immigration bill crafted by the Senate “Gang of Eight” passed the Senate Judiciary Committee Tuesday evening, with a 13-5 vote. Every senator involved in the markup session leading up to the vote was very proud of him- or herself for how great the markup session was going. Especially after the senators bravely shot down a proposal to recognize the marriages of LGBT immigrants.

It was a very self-congratulatory affair, as each senator congratulated every other senator for their great legislative skill, their deeply held principles and their impressive civility. The markup deliberations were “courageous,” Sen. Richard Blumenthal, D-Conn., said, in reference to a bunch of people, mostly old dudes, carefully deciding exactly how awful they had to make an immigration bill before it could pass a Congress full of bigots, cynical fake-bigots and wingnuts. Even Ted Cruz was sort of civil as he hectored the committee for not passing his amendments, most of which were designed to ruin the bill. Everyone who opposes the bill, and those proposed amendments designed to sink it, had to say that they deeply wanted immigration reform to happen, it’s just that they defined reform as “no citizenship plus a bigger fence.” (Also everyone referred to the bill’s authors as the “group of eight” and not a “gang.”)

The most dispiriting moment came late in the amendment process, when Judiciary Committee Chairman Pat Leahy was forced to withdraw his own amendment, which would have treated same-sex couples equally under the proposed law. And senator after senator announced why they couldn’t support it. Not necessarily because they didn’t think gay couples deserved the same protection of the law, but because, you know, their colleaguesdon’t support it. Not because their colleagues are unkind! Just because, you know, their constituents are still a bit squicked out by gay people.

 

Sen. Lindsey Graham went first, saying he opposed the inclusion of gay couples’ protections in the bill.

“If you redefine marriage for immigration purposes [by the amendment], the bill would fall apart because the coalition would fall apart,” he said. “It would be a bridge too far.”

Sen. Dianne Feinstein cited Graham’s comments, then, saying, “I think this sounds like the fairest approach, but here’s the problem … we know this is going to blow the agreement apart. I don’t want to blow this bill apart.”

One Democrat after another caved, entirely because they knew that if they supported LGBT rights, pathological deal-destroyer Lindsey Graham would destroy the deal. (He basically promised as much.) This is the micro form of the problem Democrats have been having since Obama took office: They want their legislation to pass, because they support the goals of their legislation. Republicans are indifferent, usually, to the goals of legislation and more concerned with how supporting or opposing bills makes them appear.

Democrats want immigration reform to pass because they want immigrants to have a chance to become citizens. Senate Republicans want to be seen as in favor of reform but they also wouldn’t mind (and in many cases would prefer) being seen as having been forced to regretfully withdraw their support from the reform proposal, because Democrats “overreached.”

So yesterday was a game where Republicans try to see how bad they can get away with making the bill, in order to try to get Democrats to jump ship, while Democrats tried to see how bad they had to allow the bill to be in order to retain Republican support. It’s healthcare all over again! In that fight, Republicans knew they had a strategic advantage, because Democrats desperately wanted to extend healthcare coverage to all Americans, and Republicans did not give a shit about that goal. So Republicans (and Lieberman) could just screw with the bill as much as they wanted and then not support it at all, confident that Democrats were too attached to the broader goal to give up on the bill just because there was no public option or Medicare buy-in.

Everyone in the Senate yesterday pretended the markup session and vote were an example of legislating the way it’s supposed to be done, with both sides agreeing to tough compromises and bravely chucking aside special interests in favor of the broader good. But it was just another fight between a group of people committed to a cause and a bunch of policy nihilists. The policy nihilists have a built-in advantage, every time. They are happy to exploit that advantage. That’s why Democrats had to abandon same-sex couples, and that’s why doing so still doesn’t guarantee the bill’s success.

 

Related Stories

Immigration and the politics of life and death

Posted by & filed under .

Artwork by Julio Salgado. Courtesy of QUIP
Victoria Arellano, ¡Presente!
TRANSGENDER MIGRANTS, STATE VIOLENCE, AND COMPREHENSIVE IMMIGRATION REFORM
Devon G. Peña | Seattle, WA | May 22, 2013


Death is unspeakable. It is silenced by the austere and pious rhetoric of nationalism, “honor,” “compassion,” and the “culture of life” itself.
Stuart J. Murray, Thanatopolitics, 196.
Death is not a biological moment but a political decision.
Lindsay A. Hall, Death, power, and the body, ii.
Let us never forget Victoria Arellano. She was a 23-year-old transgender immigrant from Mexico murdered by the U.S. Department of Homeland Security while in detention in May of 2007. It has been six years almost to the day and no one has ever been charged with her murder or even discharged from staff positions at the Customs and Border Enforcement (CBE) detention center on Terminal Island in San Pedro, California where she was killed. It is ironic that until the 19th century Terminal Island was known as La Isla del Muerto (The Island of the Dead).
I was reminded of Victoria’s death this morning after awakening from a restless sleep. This may sound odd but what woke me up was my inability to stop thinking about the implications posed by the passage of the current Gang of Eight immigration reform packet, as it now seems it might. What will it mean for Mexican and other undocumented immigrants? I am finishing Dispossession: The Performative in the Political(2013), a book in which Judith Butler and Athena Athanasiou engage in a lengthy conversation about the conditions and struggles of people who are dispossessed – those who have lost land, property, citizenship, or even a sense of a broader belonging to the world (alienation?).
In a chapter entitled, “Trans-border affective foreclosures and state racism,” Athanasioiu, a Greek political anthropologist and feminist scholar, poses a series of questions that seldom if ever get addressed by the scholars, pundits, and legislators who control and constrain the contemporary discourses on public policy for immigration reform. Athanasiou asks:
We have to ask which affective bonds get recognized and which ones remain foreclosed, unintelligible, misrecognized, repudiated, or censured, for example by migration policies in the Euro-Atlantic. What does it mean for a nation-state to judge, evaluate, valorize, and sanction the worth of certain gendered and affective enactments over others through its migration policies?
Athanasiou is asking a question rooted in an understanding of the history of U.S. immigration law and policy with a long history of heteronormativity – that is, our immigration laws exclude the entry of lesbian, gay, bisexual, transgender, and queer migrants because they do not conform to heterosexual desires and affections. This is the “affective foreclosure” Athanasiou is criticizing in this passage. She goes on to illustrate how this works in real terms by reference to the case of Victoria Arellano:
The subjection of trans people to the legal and illegal violence of the nation-state is a case in point. Victoria Arellano, a transsexual Mexican immigrant to the United States, died in 2007 from complications of AIDS after being denied medical attention while in the custody of the Department [sic] of Immigration and Customs Enforcement. That instance of the state letting a person die posed urgent questions regarding the conditions and norms of intelligibility that render certain affective bonds valuable and others nationally irrelevant or threatening in immigration policies. Victoria Arellano was transformed into a perversely gendered and racialized deadly figure, [used] to demarcate a viable, vital, and life-worthy national population. What would it take to make her life, death, and abjection intelligible and response-able? What ideas of the human are implied by prohibitions, protections, and adjudications related to the protocols of Euro-Atlantic immigration [laws]. (2013:165; brackets added)
The death of Victoria Arellano reveals the heart of darkness of the ‘American’ soul and removes any doubt that the postliberal minimalist state operates its surveillance and disciplinary machines through the techniques and strategies of biopolitics and thanatopolitics. In other words, the politics of death are as important as the politics of the regulation of life. Recall now that a postliberal minimalist state dispenses with any notions of equal protection or due process. It does not even feign to abide by the rule of law. It does not have to protect life, or rather, it can choose which lives are worth protecting – this is the minimalist part. Post-liberal also means never having to say you’re sorry (there is no judicial accountability) and the state can ignore the suffering by is policies in the enactment of a heteronormative order that suspends the rule of law.
Arellano was born with male genitalia and brought to the United States by her parents as a child. Had she lived and aspired to attend a college she would have qualified for the Obama Administration’s deferred action status for DREAM Act-eligible students. She was a bright, vivacious, kind, and decent person. Victoria also had AIDS but according to Sandra Hernández, in a June 2008 article in the Los Angeles Times, at the time of her arrest she exhibited no symptoms of the disease because of the medication she took daily. Hernández reports that, “once detained, her health began to deteriorate. She lost weight and became sick. She repeatedly pleaded with staff members at the detention center to see a doctor to get the antibiotics she needed to stay alive, according to immigrant detainees with whom Arellano shared a dormitory-style cell. But her requests were routinely ignored.”
By the time Victoria received medical attention it was too late. She was taken to the facility’s infirmary two months into her detention and died from an AIDS-related infection. Several sources testified that she had been raped by a guard at the detention center, an example of rampant sexual violence against detainees. Her family filed a wrongful death lawsuit. I have not yet been able to ascertain the status of this lawsuit but I suspect that it was either dismissed or settled in favor of the DHS.
This case seems to me like an example of the death through willful medical neglect and is as much a form of murder as killing someone with a gunshot or stabbing. There are very few studies that address the denial of healthcare and medical services to immigrant detainees (e.g., Clark 2008) and even fewer peer-reviewed article on transgender detainees (O’Day-Senior 2008-09). One report, featured in the Los Angeles Magazine, affirms that 74 persons died while being held by immigration officials between 2004 and 2008. A comprehensive and authoritative Washington Post investigation from 2008 ound that:
The most vulnerable detainees, the physically sick and the mentally ill, are sometimes denied the proper treatment to which they are entitled by law and regulation. They are locked in a world of slow care, poor care and no care, with panic and coverups among employees watching it happen, according to a Post investigation…The investigation found a hidden world of flawed medical judgments, faulty administrative practices, neglectful guards, ill-trained technicians, sloppy record-keeping, lost medical files and dangerous staff shortages. It is also a world increasingly run by high-priced private contractors. There is evidence that infectious diseases, including tuberculosis and chicken pox, are spreading inside the centers.
The systematic health care and medical neglect of immigrant detainees has led to direct resistance inside the facilities including a widely reported riot in April 2008 at the Mira Loma detention facility in California by inmates protesting these conditions and abuses. This was also the case with the circumstances surrounding the willful medical neglect that led to the death of Victoria Arellano. In the aforementioned LA Times article, Sandra Hernández reports that:
The task of caring for Arellano fell to her fellow detainees. They dampened their own towels and used them to cool her fever; they turned cardboard boxes into makeshift trashcans to collect her vomit. As her condition worsened, the detainees, outraged that Arellano was not being treated, staged a strike: They refused to get in line for the nightly head count until she was taken to the detention center’s infirmary…Officials relented, and Arellano was sent to the infirmary, then to a hospital nearby. But after two days there – and after having spent two months at the federally operated facility – she died of an AIDS-related infection.
Photo credit: LA Indymedia
The resistance of Victoria’s fellow detainees, and their noble efforts at providing her with care, is indicative of the desperate measures pursued by persons who are dispossessed, in this context of their basic civil and human rights. They have truly been reduced to the abject status of Homo sacer – reduced to bodies lacking legal or political status and barely allowed to live because they have been rendered illegible and illegal and thus disposable.
I draw several lessons from the case of the killing of Victoria Arellano and the acts of solidarity of her fellow detainees.
The regime of neoliberal governmentality(the system of the conduct of conduct) that currently dominates U.S. public policy making and the juridical order is actively dismantling investments in the ‘social sector’ – healthcare, housing, education, labor and environmental protections – and this applies to the nation’s immigration enforcement and detention infrastructure, which is a “space of neoliberal neglect” to borrow a phrase from my colleague Michelle Tellez (in-press). This means our apprehension, detention, and deportation system is a form of institutionalized discrimination and state violence that violates the due process and equal protection guarantees of the 14th Amendment.
The regime harbors extremist resentiments that increase the likelihood that detention staff will target any body that fails to conform to heteronormative expectations. This too is a form of structural violence and institutionalized discrimination.
The spontaneous group culture of detainees can exhibit a surprisingly high level of camaraderie and solidarity across divisions of gender and sexuality. These patterns and practices of solidarity must be recognized and valued as models for more equitable and coeval normative orders that transcend and challenge the dominant ‘American’ mode of heteronormativity.
Finally, these lessons must become integral aspects of any discourse on comprehensive immigration reform. Indeed, the case of Victoria Arellano led to the development of a comprehensive set of proposals for reform of this regime by a diverse coalition of human rights activist organizations.[i]These proposals include the following 16 recommendations for policy reform:
  1. Implement revised standards that are enforceable and legally binding in all ICE/DHS detention facilities, regardless of whether said facilities are operated by the federal government, private companies, or state/county/local agencies. Detainees, their families, and their representatives must have legal recourse when these standards are violated.
  2. Provide effective internal and external oversight of detention conditions and treatment of detainees. This would include the establishment of an ombudsman, ongoing monitoring and frequent inspections with subsequent reports released to Congress and made available to the public.
  3. Immediately rectify any and all breaches of detention standards, including denial of medical care.
  4. Increase the availability of medical personnel to see detained individuals who are in need of care, regardless of whether or not a detainee has made a formal request for care. Currently, facilities with over 200 detainees are only required to schedule “sick calls” five days a week, while facilities with fewer than 50 detainees need only provide access to medical personnel one day a week. This is grossly insufficient.
  5. Strengthen the DHS/ICE national detention standards to comply with human rights principles.
  6. Ensure that treatment regimens, including medication for HIV/AIDS and related infections and hormone therapy for transgender detainees are not interrupted.
  7. Adhere to international covenants and treaties mandating the humane treatment of all detainees, including the International Covenant on Civil and Political Rights and the Universal Declaration of Human Rights.
  8. Pursue non-custodial alternatives (e.g., parole, supervised release to family members, regular reporting requirements, bond options) for immigration detainees, particularly for those individuals whose health or personal safety would be imperiled by detention.
  9. End the practice of prolonged and indefinite detention, which is a violation of both international and U.S. law.
  10. Publicly report all deaths that occur in ICE custody, refer them immediately to the Office of the Inspector General for investigation, and make the results of each inquiry available to the public as soon as it is complete.
  11. End the practice of placing immigration detainees with the general inmate population.
  12. Ensure that the safety of detainees, particularly transgender detainees is the paramount consideration when deciding whether to place an individual with the male or female population. Solitary confinement must not be considered a viable option.
  13. Grant transgender detainees the right to choose to be housed in a facility that corresponds with their gender identity, regardless of which sex is listed on their legal documents and/or regardless of their birth-sex.
  14. Revise the DOM [Detention Operations Manual] to address the particular needs of gay men, lesbians, bisexuals, and transgender men and women, including health and safety issues.
  15. Train all staff in all facilities where ICE detainees are held to comply with these standards and safeguard the inherent dignity of all persons.
  16. We are bringing this matter to the attention of our elected officials and we urge you to take prompt and necessary action to prevent further threats to health and loss of life among immigrants in ICE detention.
None of the measures actually require legislation and could be implemented via the discretionary administrative law powers of the DHS and the Executive branch. These policy shifts could be formulated and implemented by the Secretary of Homeland Security or President Obama via Executive Order. It is time for us to renew pressure on the DHS and the President to comply with the Constitutional rights guaranteed all persons within the jurisdiction of the nation; this applies to all persons and not just citizens.
Image courtesy of Arizona QUIP
The struggle for the recognition of the rights of queer undocumented immigrants continues to gather strength. There are several national organizations mobilizing to affect the course of comprehensive immigration reform. One important example of this type of mobilization is the Washington, D.V.-based Queer Undocumented Immigrant Project (QUIP). The activists with QUIP are “calling for a pathway for citizenship that doesn’t leave anyone behind” and they insist that we “will not choose one issue over the other…Protecting the unity of our immigrant families and dignity of our LGBTQ communities is at the center of our organizing and advocacy efforts.”
This means that all of us, citizens and aspiring citizens, have a moral obligation to actively resist the thanatopolitics of the U.S. government and much of our highly uncivil civic culture. We must not allow this system to render death as unspeakable. We must now allow the death of Victoria Arellano and countless others to be “silenced by the austere and pious rhetoric of nationalism”. We just force the state to make the political decision that death in detention from willful medical neglect will no longer be tolerated. Nothing less than our status as a civil society and as a nation truly committed to the democratic rule of law is at stake.

 

Print Sources Cited
Butler, Judith and Athanasiou, Athena 2013. Dispossession: The performative in the political. Cambridge: Polity Press.
Clark, Brietta R. 2008. The immigrant health care narrative and what it tells us about the US. Health care system. Annals of Health Law 17:229. Available at URL: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1888526. 
Hall, Lindsay A. 2007. Death, power, and the body: A bio-political analysis of death and dying. Masters Thesis in Political Science. Virginia Polytechnic Institute and State University (May 7, 2007). Available at URL: http://scholar.lib.vt.edu/theses/available/etd-05152007-134833/unrestricted/etd.pdf(accessed May 20, 2013).
O’Day-Senior, Dana 2008-09. The forgotten frontier? Healthcare for transgender detainees in immigration and customs enforcement detention. Hastings Law Journal60:453.
Stuart, Murray 2006. Thanatopolitics: On the use of death for mobilizing political life. Polygraph18:193-215.


[i] These policy recommendation were outlined in a letter submitted on September 12, 2007 to Julie L. Myers, Assistant Secretary of Immigration and Customs Enforcement, Department of Homeland Security by a coalition consists of African Services Committee, AIDS Action Council, amfAR, Bienestar, Gay Men’s Health Crisis, Immigration Equality, Latino Commission on AIDS, Less AIDS Lesotho, National Association of People With AIDS, National Center for Lesbian Rights, New York Immigration Coalition, Sylvia Rivera Law Project, Transgender Law Center

Immigration and the politics of life and death

Posted by & filed under .

Artwork by Julio Salgado. Courtesy of QUIP
Victoria Arellano, ¡Presente!
TRANSGENDER MIGRANTS, STATE VIOLENCE, AND COMPREHENSIVE IMMIGRATION REFORM
Devon G. Peña | Seattle, WA | May 22, 2013


Death is unspeakable. It is silenced by the austere and pious rhetoric of nationalism, “honor,” “compassion,” and the “culture of life” itself.
Stuart J. Murray, Thanatopolitics, 196.
Death is not a biological moment but a political decision.
Lindsay A. Hall, Death, power, and the body, ii.
Let us never forget Victoria Arellano. She was a 23-year-old transgender immigrant from Mexico murdered by the U.S. Department of Homeland Security while in detention in May of 2007. It has been six years almost to the day and no one has ever been charged with her murder or even discharged from staff positions at the Customs and Border Enforcement (CBE) detention center on Terminal Island in San Pedro, California where she was killed. It is ironic that until the 19th century Terminal Island was known as La Isla del Muerto (The Island of the Dead).
I was reminded of Victoria’s death this morning after awakening from a restless sleep. This may sound odd but what woke me up was my inability to stop thinking about the implications posed by the passage of the current Gang of Eight immigration reform packet, as it now seems it might. What will it mean for Mexican and other undocumented immigrants? I am finishing Dispossession: The Performative in the Political(2013), a book in which Judith Butler and Athena Athanasiou engage in a lengthy conversation about the conditions and struggles of people who are dispossessed – those who have lost land, property, citizenship, or even a sense of a broader belonging to the world (alienation?).
In a chapter entitled, “Trans-border affective foreclosures and state racism,” Athanasioiu, a Greek political anthropologist and feminist scholar, poses a series of questions that seldom if ever get addressed by the scholars, pundits, and legislators who control and constrain the contemporary discourses on public policy for immigration reform. Athanasiou asks:
We have to ask which affective bonds get recognized and which ones remain foreclosed, unintelligible, misrecognized, repudiated, or censured, for example by migration policies in the Euro-Atlantic. What does it mean for a nation-state to judge, evaluate, valorize, and sanction the worth of certain gendered and affective enactments over others through its migration policies?
Athanasiou is asking a question rooted in an understanding of the history of U.S. immigration law and policy with a long history of heteronormativity – that is, our immigration laws exclude the entry of lesbian, gay, bisexual, transgender, and queer migrants because they do not conform to heterosexual desires and affections. This is the “affective foreclosure” Athanasiou is criticizing in this passage. She goes on to illustrate how this works in real terms by reference to the case of Victoria Arellano:
The subjection of trans people to the legal and illegal violence of the nation-state is a case in point. Victoria Arellano, a transsexual Mexican immigrant to the United States, died in 2007 from complications of AIDS after being denied medical attention while in the custody of the Department [sic] of Immigration and Customs Enforcement. That instance of the state letting a person die posed urgent questions regarding the conditions and norms of intelligibility that render certain affective bonds valuable and others nationally irrelevant or threatening in immigration policies. Victoria Arellano was transformed into a perversely gendered and racialized deadly figure, [used] to demarcate a viable, vital, and life-worthy national population. What would it take to make her life, death, and abjection intelligible and response-able? What ideas of the human are implied by prohibitions, protections, and adjudications related to the protocols of Euro-Atlantic immigration [laws]. (2013:165; brackets added)
The death of Victoria Arellano reveals the heart of darkness of the ‘American’ soul and removes any doubt that the postliberal minimalist state operates its surveillance and disciplinary machines through the techniques and strategies of biopolitics and thanatopolitics. In other words, the politics of death are as important as the politics of the regulation of life. Recall now that a postliberal minimalist state dispenses with any notions of equal protection or due process. It does not even feign to abide by the rule of law. It does not have to protect life, or rather, it can choose which lives are worth protecting – this is the minimalist part. Post-liberal also means never having to say you’re sorry (there is no judicial accountability) and the state can ignore the suffering by is policies in the enactment of a heteronormative order that suspends the rule of law.
Arellano was born with male genitalia and brought to the United States by her parents as a child. Had she lived and aspired to attend a college she would have qualified for the Obama Administration’s deferred action status for DREAM Act-eligible students. She was a bright, vivacious, kind, and decent person. Victoria also had AIDS but according to Sandra Hernández, in a June 2008 article in the Los Angeles Times, at the time of her arrest she exhibited no symptoms of the disease because of the medication she took daily. Hernández reports that, “once detained, her health began to deteriorate. She lost weight and became sick. She repeatedly pleaded with staff members at the detention center to see a doctor to get the antibiotics she needed to stay alive, according to immigrant detainees with whom Arellano shared a dormitory-style cell. But her requests were routinely ignored.”
By the time Victoria received medical attention it was too late. She was taken to the facility’s infirmary two months into her detention and died from an AIDS-related infection. Several sources testified that she had been raped by a guard at the detention center, an example of rampant sexual violence against detainees. Her family filed a wrongful death lawsuit. I have not yet been able to ascertain the status of this lawsuit but I suspect that it was either dismissed or settled in favor of the DHS.
This case seems to me like an example of the death through willful medical neglect and is as much a form of murder as killing someone with a gunshot or stabbing. There are very few studies that address the denial of healthcare and medical services to immigrant detainees (e.g., Clark 2008) and even fewer peer-reviewed article on transgender detainees (O’Day-Senior 2008-09). One report, featured in the Los Angeles Magazine, affirms that 74 persons died while being held by immigration officials between 2004 and 2008. A comprehensive and authoritative Washington Post investigation from 2008 ound that:
The most vulnerable detainees, the physically sick and the mentally ill, are sometimes denied the proper treatment to which they are entitled by law and regulation. They are locked in a world of slow care, poor care and no care, with panic and coverups among employees watching it happen, according to a Post investigation…The investigation found a hidden world of flawed medical judgments, faulty administrative practices, neglectful guards, ill-trained technicians, sloppy record-keeping, lost medical files and dangerous staff shortages. It is also a world increasingly run by high-priced private contractors. There is evidence that infectious diseases, including tuberculosis and chicken pox, are spreading inside the centers.
The systematic health care and medical neglect of immigrant detainees has led to direct resistance inside the facilities including a widely reported riot in April 2008 at the Mira Loma detention facility in California by inmates protesting these conditions and abuses. This was also the case with the circumstances surrounding the willful medical neglect that led to the death of Victoria Arellano. In the aforementioned LA Times article, Sandra Hernández reports that:
The task of caring for Arellano fell to her fellow detainees. They dampened their own towels and used them to cool her fever; they turned cardboard boxes into makeshift trashcans to collect her vomit. As her condition worsened, the detainees, outraged that Arellano was not being treated, staged a strike: They refused to get in line for the nightly head count until she was taken to the detention center’s infirmary…Officials relented, and Arellano was sent to the infirmary, then to a hospital nearby. But after two days there – and after having spent two months at the federally operated facility – she died of an AIDS-related infection.
Photo credit: LA Indymedia
The resistance of Victoria’s fellow detainees, and their noble efforts at providing her with care, is indicative of the desperate measures pursued by persons who are dispossessed, in this context of their basic civil and human rights. They have truly been reduced to the abject status of Homo sacer – reduced to bodies lacking legal or political status and barely allowed to live because they have been rendered illegible and illegal and thus disposable.
I draw several lessons from the case of the killing of Victoria Arellano and the acts of solidarity of her fellow detainees.
The regime of neoliberal governmentality(the system of the conduct of conduct) that currently dominates U.S. public policy making and the juridical order is actively dismantling investments in the ‘social sector’ – healthcare, housing, education, labor and environmental protections – and this applies to the nation’s immigration enforcement and detention infrastructure, which is a “space of neoliberal neglect” to borrow a phrase from my colleague Michelle Tellez (in-press). This means our apprehension, detention, and deportation system is a form of institutionalized discrimination and state violence that violates the due process and equal protection guarantees of the 14th Amendment.
The regime harbors extremist resentiments that increase the likelihood that detention staff will target any body that fails to conform to heteronormative expectations. This too is a form of structural violence and institutionalized discrimination.
The spontaneous group culture of detainees can exhibit a surprisingly high level of camaraderie and solidarity across divisions of gender and sexuality. These patterns and practices of solidarity must be recognized and valued as models for more equitable and coeval normative orders that transcend and challenge the dominant ‘American’ mode of heteronormativity.
Finally, these lessons must become integral aspects of any discourse on comprehensive immigration reform. Indeed, the case of Victoria Arellano led to the development of a comprehensive set of proposals for reform of this regime by a diverse coalition of human rights activist organizations.[i]These proposals include the following 16 recommendations for policy reform:
  1. Implement revised standards that are enforceable and legally binding in all ICE/DHS detention facilities, regardless of whether said facilities are operated by the federal government, private companies, or state/county/local agencies. Detainees, their families, and their representatives must have legal recourse when these standards are violated.
  2. Provide effective internal and external oversight of detention conditions and treatment of detainees. This would include the establishment of an ombudsman, ongoing monitoring and frequent inspections with subsequent reports released to Congress and made available to the public.
  3. Immediately rectify any and all breaches of detention standards, including denial of medical care.
  4. Increase the availability of medical personnel to see detained individuals who are in need of care, regardless of whether or not a detainee has made a formal request for care. Currently, facilities with over 200 detainees are only required to schedule “sick calls” five days a week, while facilities with fewer than 50 detainees need only provide access to medical personnel one day a week. This is grossly insufficient.
  5. Strengthen the DHS/ICE national detention standards to comply with human rights principles.
  6. Ensure that treatment regimens, including medication for HIV/AIDS and related infections and hormone therapy for transgender detainees are not interrupted.
  7. Adhere to international covenants and treaties mandating the humane treatment of all detainees, including the International Covenant on Civil and Political Rights and the Universal Declaration of Human Rights.
  8. Pursue non-custodial alternatives (e.g., parole, supervised release to family members, regular reporting requirements, bond options) for immigration detainees, particularly for those individuals whose health or personal safety would be imperiled by detention.
  9. End the practice of prolonged and indefinite detention, which is a violation of both international and U.S. law.
  10. Publicly report all deaths that occur in ICE custody, refer them immediately to the Office of the Inspector General for investigation, and make the results of each inquiry available to the public as soon as it is complete.
  11. End the practice of placing immigration detainees with the general inmate population.
  12. Ensure that the safety of detainees, particularly transgender detainees is the paramount consideration when deciding whether to place an individual with the male or female population. Solitary confinement must not be considered a viable option.
  13. Grant transgender detainees the right to choose to be housed in a facility that corresponds with their gender identity, regardless of which sex is listed on their legal documents and/or regardless of their birth-sex.
  14. Revise the DOM [Detention Operations Manual] to address the particular needs of gay men, lesbians, bisexuals, and transgender men and women, including health and safety issues.
  15. Train all staff in all facilities where ICE detainees are held to comply with these standards and safeguard the inherent dignity of all persons.
  16. We are bringing this matter to the attention of our elected officials and we urge you to take prompt and necessary action to prevent further threats to health and loss of life among immigrants in ICE detention.
None of the measures actually require legislation and could be implemented via the discretionary administrative law powers of the DHS and the Executive branch. These policy shifts could be formulated and implemented by the Secretary of Homeland Security or President Obama via Executive Order. It is time for us to renew pressure on the DHS and the President to comply with the Constitutional rights guaranteed all persons within the jurisdiction of the nation; this applies to all persons and not just citizens.
Image courtesy of Arizona QUIP
The struggle for the recognition of the rights of queer undocumented immigrants continues to gather strength. There are several national organizations mobilizing to affect the course of comprehensive immigration reform. One important example of this type of mobilization is the Washington, D.V.-based Queer Undocumented Immigrant Project (QUIP). The activists with QUIP are “calling for a pathway for citizenship that doesn’t leave anyone behind” and they insist that we “will not choose one issue over the other…Protecting the unity of our immigrant families and dignity of our LGBTQ communities is at the center of our organizing and advocacy efforts.”
This means that all of us, citizens and aspiring citizens, have a moral obligation to actively resist the thanatopolitics of the U.S. government and much of our highly uncivil civic culture. We must not allow this system to render death as unspeakable. We must now allow the death of Victoria Arellano and countless others to be “silenced by the austere and pious rhetoric of nationalism”. We just force the state to make the political decision that death in detention from willful medical neglect will no longer be tolerated. Nothing less than our status as a civil society and as a nation truly committed to the democratic rule of law is at stake.

 

Print Sources Cited
Butler, Judith and Athanasiou, Athena 2013. Dispossession: The performative in the political. Cambridge: Polity Press.
Clark, Brietta R. 2008. The immigrant health care narrative and what it tells us about the US. Health care system. Annals of Health Law 17:229. Available at URL: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1888526. 
Hall, Lindsay A. 2007. Death, power, and the body: A bio-political analysis of death and dying. Masters Thesis in Political Science. Virginia Polytechnic Institute and State University (May 7, 2007). Available at URL: http://scholar.lib.vt.edu/theses/available/etd-05152007-134833/unrestricted/etd.pdf(accessed May 20, 2013).
O’Day-Senior, Dana 2008-09. The forgotten frontier? Healthcare for transgender detainees in immigration and customs enforcement detention. Hastings Law Journal60:453.
Stuart, Murray 2006. Thanatopolitics: On the use of death for mobilizing political life. Polygraph18:193-215.


[i] These policy recommendation were outlined in a letter submitted on September 12, 2007 to Julie L. Myers, Assistant Secretary of Immigration and Customs Enforcement, Department of Homeland Security by a coalition consists of African Services Committee, AIDS Action Council, amfAR, Bienestar, Gay Men’s Health Crisis, Immigration Equality, Latino Commission on AIDS, Less AIDS Lesotho, National Association of People With AIDS, National Center for Lesbian Rights, New York Immigration Coalition, Sylvia Rivera Law Project, Transgender Law Center

Two Big Wins for Civil Liberties in Monday’s Immigration Markup

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In yesterday’s flurry of activity in the Senate Judiciary Committee on the comprehensive immigration reform bill, there were two big wins for civil liberties: Blumenthal 2, an amendment that limits solitary confinement in immigration detention, and Blumenthal 8, an amendment that restricts Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP) officers from conducting raids in schools, churches or hospitals.

First, Blumenthal 2. Solitary confinement means physical and social isolation for 22 to 24 hours a day with little or no human contact – generally in a small cell with a solid steel door, a bunk, a toilet and a sink – day in, day out. This amendment is critically important because it establishes a broad framework specifying when solitary confinement can be used to house immigration detainees, places limits on the use of such confinement in non-criminal settings, and requires the Department of Homeland Security (DHS) to develop effective oversight mechanisms. Further, it prohibits the use of solitary for those under 18, limits its use for those with significant mental disabilities and curbs its use for punitive purposes. The adoption of the amendment takes positive steps forward in fixing a serious injustice the extent of which has only recently come to light: although they are non-criminal detainees, over 300 aspiring Americans daily are subjected to the harshest form of imprisonment within our justice system, with a majority confined for a prolonged period. By adopting the amendment, the Committee has made it more likely that such abusive practices will end.

Second, Blumenthal 8. Immigration raids are a terrifying, traumatic, and all-too-common experience in immigrant communities. This amendment restricts ICE and CBP from conducting raids in “sensitive locations” unless they have prior supervisory approval or there is an emergency. This includes areas near schools, hospitals and churches. This amendment is an overdue response to the fears and experiences of many communities who cannot access critical services for themselves and their kids–many of whom are U.S. citizens–because of harassment, intimidation and the threat of arrest by immigration agents. With this amendment, kids and their parents will be able to attend school, participate in religious services, and get necessary medical attention without fear of being trapped by immigration enforcement agents.

In recent years, CBP agents have been stationed in emergency rooms, interrogating patients as they attempt to get life-saving treatment. As a result, many immigrants or people with undocumented family members are afraid to seek critical medical help for themselves or their families. Similarly, around the country, there have been complaints about ICE or CBP officers waiting outside of churches and other religious centers to arrest people who are merely trying to participate in religious activities with their families—as is their right. This amendment strikes the right balance between protecting – and respecting – communities and allowing ICE and CBP to conduct their business with fair and reasonable limitations. For example, the amendment allows ICE and CBP to enter these sensitive locations if they have prior supervisory permission or if there are “exigent circumstances”—for example, if a fugitive is dangerous and armed. But it also recognizes that no one is safer when communities live in fear while ICE and CBP, instead of focusing on the most dangerous fugitives, prevent pregnant women from reaching the hospital, families from going to pray, and kids from getting to school.

The ACLU will continue to monitor the immigration legislation and work to make certain that the rights of all people are upheld, protected and ensured under law.

Learn more about immigration reform and other civil liberty issues: Sign up for breaking news alertsfollow us on Twitter, and like us on Facebook.

Two Big Wins for Civil Liberties in Monday’s Immigration Markup

Posted by & filed under .

In yesterday’s flurry of activity in the Senate Judiciary Committee on the comprehensive immigration reform bill, there were two big wins for civil liberties: Blumenthal 2, an amendment that limits solitary confinement in immigration detention, and Blumenthal 8, an amendment that restricts Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP) officers from conducting raids in schools, churches or hospitals.

First, Blumenthal 2. Solitary confinement means physical and social isolation for 22 to 24 hours a day with little or no human contact – generally in a small cell with a solid steel door, a bunk, a toilet and a sink – day in, day out. This amendment is critically important because it establishes a broad framework specifying when solitary confinement can be used to house immigration detainees, places limits on the use of such confinement in non-criminal settings, and requires the Department of Homeland Security (DHS) to develop effective oversight mechanisms. Further, it prohibits the use of solitary for those under 18, limits its use for those with significant mental disabilities and curbs its use for punitive purposes. The adoption of the amendment takes positive steps forward in fixing a serious injustice the extent of which has only recently come to light: although they are non-criminal detainees, over 300 aspiring Americans daily are subjected to the harshest form of imprisonment within our justice system, with a majority confined for a prolonged period. By adopting the amendment, the Committee has made it more likely that such abusive practices will end.

Second, Blumenthal 8. Immigration raids are a terrifying, traumatic, and all-too-common experience in immigrant communities. This amendment restricts ICE and CBP from conducting raids in “sensitive locations” unless they have prior supervisory approval or there is an emergency. This includes areas near schools, hospitals and churches. This amendment is an overdue response to the fears and experiences of many communities who cannot access critical services for themselves and their kids–many of whom are U.S. citizens–because of harassment, intimidation and the threat of arrest by immigration agents. With this amendment, kids and their parents will be able to attend school, participate in religious services, and get necessary medical attention without fear of being trapped by immigration enforcement agents.

In recent years, CBP agents have been stationed in emergency rooms, interrogating patients as they attempt to get life-saving treatment. As a result, many immigrants or people with undocumented family members are afraid to seek critical medical help for themselves or their families. Similarly, around the country, there have been complaints about ICE or CBP officers waiting outside of churches and other religious centers to arrest people who are merely trying to participate in religious activities with their families—as is their right. This amendment strikes the right balance between protecting – and respecting – communities and allowing ICE and CBP to conduct their business with fair and reasonable limitations. For example, the amendment allows ICE and CBP to enter these sensitive locations if they have prior supervisory permission or if there are “exigent circumstances”—for example, if a fugitive is dangerous and armed. But it also recognizes that no one is safer when communities live in fear while ICE and CBP, instead of focusing on the most dangerous fugitives, prevent pregnant women from reaching the hospital, families from going to pray, and kids from getting to school.

The ACLU will continue to monitor the immigration legislation and work to make certain that the rights of all people are upheld, protected and ensured under law.

Learn more about immigration reform and other civil liberty issues: Sign up for breaking news alertsfollow us on Twitter, and like us on Facebook.

Native Americans and the immigration reform debate

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Courtesy of Indigenous Revelations
Immigration reform must be a multilateral process involving first nations of the Americas
INDIGENOUS PEOPLES ARE A MAJOR PART OF THE MIGRATORY FLOW
Devon G. Peña | Seattle, WA | May 20, 2013
This past Friday, I was a guest on the Native America Calling radio program broadcast from the Native Voice One studios in Albuquerque, New Mexico. The theme of our one hour-long interview and conversation was Immigration: Where Does Native America Stand? The program notes from NV1 describe the program as follows:
National debates over immigration continue to divide the US congress and some communities. Some states have created their own laws for dealing with immigration on a local level. What do changes in immigration policy mean for Native America? What’s your take on the issue of immigration debate? How do border policies around Turtle Island impact Indigenous communities? What are tribes doing to make sure their voice is heard at the table when it comes to regulation and policies on immigration?
I am providing a link to the recording of this program for the convenience of my followers and readers; please listen in and share the link to the recording of the program available at Soundcloud:  Immigration: Where Does Native America Stand?
Here are a few highlights of the hour-long interview and conversation, which included the following points:
  • Numerous first nations on both the southern and northern borders are directly affected by the militarization of immigration and border enforcement policies including policies that govern the apprehension, detention, and deportation of undocumented immigrants. Native Americans get caught up in the massive raids, roundups, and dragnets.
  • For centuries, since the imposition of the Doctrine of Discovery, the laws and practices of the settler colonial state disrupted the traditions and customs of self-governance including indigenous practices for the naturalization and integration of newcomers.
  • Indigenous peoples on both the southern and northern borders are required by the Border Patrol to carry identification who are moving across traditional lands that have been bisected by the artificial political boundary and suffer extremely harmful cultural and spiritual damage as the existence of the border interferes with their ability to sites.
  • There are many first nations whose homelands are divided by the border in Texas, New Mexico, and Arizona. For example, not just the Raramuri and Tohono O’Odham in Arizona but also the Tlingit and Haida first peoples along the Alaska-Canada border; the Ojibwe, Salish, Akwesasne Mohawk, and Blackfeet who are constantly having to negotiate the northern borderlands with Canada.
  • The existence of the border conflates a lot of issues. Indigenous people are also forced deal with the violence of the Border Patrol itself and the way in which issues related to national security, the so-called drug war, and immigration get conflated in the popular imagination and indeed are purposefully by politicians.
  • Mexican and Central American indigenous peoples – the Mesoamerican Diaspora – are an ever larger part of the flow of undocumented immigrants into the US and Canada. They are indigenous people displaced by free trade agreements like NAFTA, by the continued genocide of the Mexican and Guatemalan militaries and their CIA advisors, and by the ongoing violence of the drug cartels, and this would have to include the more than two million corn farmers, many of them protectors of heirloom varieties of native crops of corn, bean, squash, and other varieties who have been driven off their land by all this violence and free trade agreements. There are, for example, half a million Zapotecs in California.
  • Something that is overlooked, including by many U.S. Native Americans, is that a growing percentage of people that are part of the immigration are native people. That is why we have a saying that expresses this fact: “The border crossed us, we did not cross the border.”
  • Native sovereignty is challenged and disrupted by the intrusion of the Border Patrol (BP) and the other agencies of the Department of Homeland Security (DHS). This is compounded by the fact that the government and a majority of the public is confused by the way in which extremists and law enforcement agencies mistakenly tie together the so-called war on drugs, war of terror, and immigration.
  • Most social scientists, human rights activists, and Native Americans recognize and understand that it is a very serious mistake and a fraud to equate an indigenous farmer from Oaxaca who seeking to avoid death from hunger with a terrorist; they are not the same. So, the real terror in this case are the armed militias patrolling the border or the BP itself, which has in fact killed about 19 unarmed immigrants over the past 30 months or so in the process of enforcing militarized control over the southern border.
  • Native Americans have a whole lot to bring to the table to teach the other stakeholders what a just and humane policy would look like. Native Americans have their own traditions of naturalization and integration of newcomers based on the treatment of all people as dignified human beings rather than as criminals.
  • Many of the people who are immigrating to the U.S., and especially indigenous peoples from Mexico and Central America, they talk about the right not to migrate. In order for people to have this right, we first have to understand why they are coming over here. They are coming over here because of ‘American adventurism’ – of the Doctrine of Discovery abroad, of how our military and economic policies are pushing people off the land to make room for agribusiness, gold mines, etc. We are devastating, creating through great structural violence and historical trauma, indigenous peoples all over the planet. The right not to migrate means that in order to have a “successful” immigration policy we must first transform our foreign policy and that is a discussion that has hardly taken place.

Native Americans and the immigration reform debate

Posted by & filed under .

Courtesy of Indigenous Revelations
Immigration reform must be a multilateral process involving first nations of the Americas
INDIGENOUS PEOPLES ARE A MAJOR PART OF THE MIGRATORY FLOW
Devon G. Peña | Seattle, WA | May 20, 2013
This past Friday, I was a guest on the Native America Calling radio program broadcast from the Native Voice One studios in Albuquerque, New Mexico. The theme of our one hour-long interview and conversation was Immigration: Where Does Native America Stand? The program notes from NV1 describe the program as follows:
National debates over immigration continue to divide the US congress and some communities. Some states have created their own laws for dealing with immigration on a local level. What do changes in immigration policy mean for Native America? What’s your take on the issue of immigration debate? How do border policies around Turtle Island impact Indigenous communities? What are tribes doing to make sure their voice is heard at the table when it comes to regulation and policies on immigration?
I am providing a link to the recording of this program for the convenience of my followers and readers; please listen in and share the link to the recording of the program available at Soundcloud:  Immigration: Where Does Native America Stand?
Here are a few highlights of the hour-long interview and conversation, which included the following points:
  • Numerous first nations on both the southern and northern borders are directly affected by the militarization of immigration and border enforcement policies including policies that govern the apprehension, detention, and deportation of undocumented immigrants. Native Americans get caught up in the massive raids, roundups, and dragnets.
  • For centuries, since the imposition of the Doctrine of Discovery, the laws and practices of the settler colonial state disrupted the traditions and customs of self-governance including indigenous practices for the naturalization and integration of newcomers.
  • Indigenous peoples on both the southern and northern borders are required by the Border Patrol to carry identification who are moving across traditional lands that have been bisected by the artificial political boundary and suffer extremely harmful cultural and spiritual damage as the existence of the border interferes with their ability to sites.
  • There are many first nations whose homelands are divided by the border in Texas, New Mexico, and Arizona. For example, not just the Raramuri and Tohono O’Odham in Arizona but also the Tlingit and Haida first peoples along the Alaska-Canada border; the Ojibwe, Salish, Akwesasne Mohawk, and Blackfeet who are constantly having to negotiate the northern borderlands with Canada.
  • The existence of the border conflates a lot of issues. Indigenous people are also forced deal with the violence of the Border Patrol itself and the way in which issues related to national security, the so-called drug war, and immigration get conflated in the popular imagination and indeed are purposefully by politicians.
  • Mexican and Central American indigenous peoples – the Mesoamerican Diaspora – are an ever larger part of the flow of undocumented immigrants into the US and Canada. They are indigenous people displaced by free trade agreements like NAFTA, by the continued genocide of the Mexican and Guatemalan militaries and their CIA advisors, and by the ongoing violence of the drug cartels, and this would have to include the more than two million corn farmers, many of them protectors of heirloom varieties of native crops of corn, bean, squash, and other varieties who have been driven off their land by all this violence and free trade agreements. There are, for example, half a million Zapotecs in California.
  • Something that is overlooked, including by many U.S. Native Americans, is that a growing percentage of people that are part of the immigration are native people. That is why we have a saying that expresses this fact: “The border crossed us, we did not cross the border.”
  • Native sovereignty is challenged and disrupted by the intrusion of the Border Patrol (BP) and the other agencies of the Department of Homeland Security (DHS). This is compounded by the fact that the government and a majority of the public is confused by the way in which extremists and law enforcement agencies mistakenly tie together the so-called war on drugs, war of terror, and immigration.
  • Most social scientists, human rights activists, and Native Americans recognize and understand that it is a very serious mistake and a fraud to equate an indigenous farmer from Oaxaca who seeking to avoid death from hunger with a terrorist; they are not the same. So, the real terror in this case are the armed militias patrolling the border or the BP itself, which has in fact killed about 19 unarmed immigrants over the past 30 months or so in the process of enforcing militarized control over the southern border.
  • Native Americans have a whole lot to bring to the table to teach the other stakeholders what a just and humane policy would look like. Native Americans have their own traditions of naturalization and integration of newcomers based on the treatment of all people as dignified human beings rather than as criminals.
  • Many of the people who are immigrating to the U.S., and especially indigenous peoples from Mexico and Central America, they talk about the right not to migrate. In order for people to have this right, we first have to understand why they are coming over here. They are coming over here because of ‘American adventurism’ – of the Doctrine of Discovery abroad, of how our military and economic policies are pushing people off the land to make room for agribusiness, gold mines, etc. We are devastating, creating through great structural violence and historical trauma, indigenous peoples all over the planet. The right not to migrate means that in order to have a “successful” immigration policy we must first transform our foreign policy and that is a discussion that has hardly taken place.

CCA’s Dirty Thirty, Part III: Deaths in Custody

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In this final installment marking the 30th Anniversary of Corrections Corporation of America, we bring you a list of the bodies left in the wake of CCA’s relentless pursuit of profits. Compiled by our friend and colleague, Alex Friedman of Prison Legal News and the Human Rights Defense Center, here are the deaths in custody [...]

A history of scientific racism

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This ‘certificate’ became popular after the passage of the Racial Integrity Act of 1924 in Virginia.
Moderator’s Note:  In response to numerous requests, I am posting an entry on scientific racism that I wrote for the Oxford Encyclopedia of Latinos and Latinas in the United States (published in 2005). This entry provides important scholarly research background to the “Open Letter from Scholars Opposed to Scientific Racism” that was posted here yesterday.
This version of the history of scientific racism includes lengthy discussion of the concepts of eugenics and the IQ myth, both relevant to the contemporary extreme right-wing construction of the “savage and threatening brown ‘Other’”. What is most troubling to me is that the language used by Jason Richwine in his Harvard dissertation and other writings to attack so-called Hispanics is close to verbatim the same language as that used by one of the earliest proponents of IQ testing, Lewis Termin, who had this to say in 1916:
…a low level of intelligence is very common among Spanish-Indian and Mexican families of the Southwest and also among negroes. Their dullness seems to be racial, or at least inherent in the family stocks from which they come.…Children of this group should be segregated in special classes.…They cannot master abstractions, but they can often be made efficient workers … There is no possibility at present of convincing society that they should not be allowed to reproduce, although from a eugenic point of view they constitute a grave problem because of their unusually prolific breeding.
Richwine’s contribution to this discourse, in excerpts from his 2009 dissertation, includes the following statements that are a chilling echo of Termin’s racist views:
The average IQ of immigrants in the United States is substantially lower than that of the white native population, and the difference is likely to persist over several generations…The consequences are a lack of socioeconomic assimilation among low-IQ immigrant groups, more underclass behavior, less social trust, and an increase in the proportion of unskilled workers in the American labor market…No one knows whether Hispanics will ever reach IQ parity with whites, but the prediction that new Hispanic immigrants will have low-IQ children and grandchildren is difficult to argue against.
It would appear, from these excerpts, that it is Richwine who embodies a lack of progress in the level of intelligence, especially among those members of our nation’s population who refuse to advance beyond the clinging to tired racist stereotypes first spawned by the early 20th century eugenics movement. Richwine and his ilk need to learn it is time to catch up with the rest of humanity and understand that the mismeasure of the Other is but a ruse to justify the continued violence of inequality that is stoked by false racial differences and animosities. 
The correct reference citation for this article is:
Peña, Devon G. 2005. Scientific Racism. In: Oxford Encyclopedia of Latinos and Latinas in the United States, Vol. 4. Oboler, Suzanne and Deena Gonzalez, Editors. New York: Oxford University Press.
I encourage my readers and followers to subscribe to the on-line version of this encyclopedia by using this link: OELLUS.
Scientific Racism
Devon G. Peña | Seattle, WA | May 17, 2013
Race and science have a remarkably long and convoluted historical relationship punctuated by recurring heated debates provoked by pseudoscientific explanations of racial differences. In the United States scientific racism has involved both the misidentification of biological and genetic evidence of racial and cultural differences and political projects to impose discriminatory and oppressive policies based on the fundamental normative prohibition of interracial mixing or “miscegenation.” Scientific racism has been used to justify political and economic inequalities on the basis of biologically determined racial differences. A major manifestation of this is social Darwinism, which proposes that nature justifies inequalities in a sociological battle for the “survival of the fittest.”
Origins of the Concepts
The concept of racial hierarchy has deep roots in Western civilization. The classic Greek polis and its philosophers envisaged the division of human beings into distinct races characterized by the quality of their “mettle” as symbolized by gold, silver, brass, and iron. Socrates declared that the inhabitants of the Republic should be educated in accordance with their positions in three classes marked by gold for rulers, silver for auxiliaries, and brass or iron for craftspeople.
Depiction of human races in Linnaeus, General System of Nature
Carolus Linnaeus developed the science of taxonomy—the classification of living organisms (plants, animals, and microorganisms) based on their shared biophysical traits and arrangement across phylum, order, genus, and species. Linnaeus believed in a “natural hierarchy” of organisms, and in General System of Nature (1735) he placed humans in the order of primates along with the other mammals. Linnaeus believed that humans alone among the primates possessed the capacity for rationality and reasoning, but this was not evenly distributed among the various imagined species of humanity. He apparently believed that variations within the genus Homo sapiens were a result of varying cultures and climates. Linnaeus classified humans into four species: (1) American—”prone to anger,” “governed by tradition,” “inferior and uncivilized;” (2) Asiatic—”severe, conceited, and stingy,” “governed by opinion;” (3) African—”recognized by … dark skin pigmentation,” “ruled by impulse,” females that “lactate profusely;” and (4) European—”changeable, clever, and inventive,” “governed by laws” (Maybury-Lewis, p. 19). Linnaeus identified peculiar “miscellaneous” racial categories, including “wild men, dwarfs, troglodytes [cave dwellers], and lazy Patagonians” (i.e., South American hunter-gatherers). The most civilized of the genus was the European.
The transatlantic slave trade of the seventeenth century through the early nineteenth century unleashed the first wave of global domination by European powers. Distinct racially categorized peoples, principally African, South Asian, and Native American, became subjects of conquest and colonial subjugation. These subjects of conquest were invariably defined as backward, wild, uncivilized, and even savage or subhuman. They were presumably not “governed by laws.”
Religious and political debates raged over perceived racial differences in the human population, and many “court” scholars and philosophers reasoned that the indigenous peoples of Africa, the Americas, and Asia did not have souls and were thus exempt from the panoply of rights granted to free and rational individuals. By the mid-nineteenth century pseudoscientific theories of a natural hierarchy of races were well-established in Europe and in the Americas. In the 1850s Joseph Arthur Comte de Gobineau declared the existence of a natural hierarchy of races. He formally proposed a theory of an Aryan master race in An Essay on the Inequality of the Human Races (1851–1853). The French aristocrat and diplomat believed that race created culture. He cautioned that the rise of empires led to racial mixing (miscegenation), which inevitably resulted in the “degeneration” of superior races. The racial pyramid envisioned by de Gobineau and other European thinkers placed the white “Caucasoid” at the top, followed by “Mongoloid” (“yellow” and “red” races) and “Negroid” (“blacks”) types at the bottom in a hierarchy of intelligence, civility, phenotype aesthetics (physical beauty), and hereditary robustness.
Sir Francis Galton, a cousin of Charles Darwin, is considered the father of eugenics (from the Greek eu, “good,” and genos, “race”). Psychologists generally consider him the “great man of measurement.” Galton used quantitative measures and statistical tests to study breeding and seek its improvement. He fancied himself an engineer of human heredity in a noble search for genetic and hygienic perfection. Galton’s Hereditary Genius was published in 1869. His text championed scientific statistical analysis as a method to objectively define the comparative worth of races. Galton applied statistical techniques, inventing regression analysis, to pinpoint the location of each race in the classification system he developed to measure the distribution and range of intelligence in diverse human populations.
This infamous 1872 painting by John Gast epitomizes the ideology of Manifest Destiny in which as the dark races of Indian savages [sic] flee before the forward march of progress and civilization led by white pioneers
These ideas easily took hold in the United States and played a critical role in shaping the ideologies that defined many of the encounters between Anglo Americans and Latinas and Latinos. As early as 1691 in colonial Virginia, Anglo settlers were adopting laws banning all forms of interracial marriage. These laws were principally directed at African Americans, but in the course of Anglo westward expansion, antimiscegenation norms were applied to Mexican- and Native American–origin peoples as well. Antimiscegenation laws persisted well into the 1960s, when the U.S. Supreme Court, in Loving v. Virginia, 388 U.S. 1 (1967), struck down all state laws prohibiting interracial marriages.
The influence of scientific racism on U.S. political ideologies is evident in the nineteenth-century Anglo-American ideology of Manifest Destiny, in which Protestants declared themselves the chosen people designated by God to conquer and civilize North America in order to bring democracy, freedom, and prosperity to a “savage wilderness.” The demonization of Mexicans and American Indians was intrinsic to this ideology, and proponents drew from pseudo-scientific theories of racial hierarchy to justify the usurpation of Native- and Mexican-origin territories.
The national-origin groups that came to constitute U.S. Latinas and Latinos created their own racial formations in the homelands well before the onset of American expansionism in North America and the Caribbean (including Mexico, Cuba, and Puerto Rico). For example, the Spanish colonial racial hierarchy in Cuba and Puerto Rico imposed a distinct schema based on gradations of Spanish-African ancestry, while in Mexico the hierarchy imposed a schema along Spanish-Indian gradations. T. Almaguer notes that the multiracial composition of U.S. Latina and Latino groups “has roots in Spanish colonialism during which colonial states imposed racial hierarchies that were more gradational and fluid in nature than their northern [Anglo] counterparts” (Almaguer, pp. 208–209). Spanish colonialism entailed “widespread miscegenation,” while Anglo-American colonialism had a strong taboo against racial mixing (especially between whites and blacks). This should not obscure the master-slave hybrid or mulatto and mulatta. Much of Spanish-Indian intermarriage involved alliances among elites seeking to solidify their class status and position.
Throughout the course of the Spanish Empire in Latin America, the theological debate over “Indian souls” marked the intercultural relations between Spaniards and indigenous peoples. The pleas put forward by Bartolomé de las Casas in his dispute with Juan Gines de Sepulveda before the Council of Castile in 1550, that Indians “had souls” and were “noble savages” worth Christianizing, did little to soften the blows of conquest, genocide, ethnocide (destruction of culture), and impoverishment of Mexico’s indigenous civilizations. After independence and the fall of Spanish colonialism, racial hierarchies persisted across Latin America, despite the egalitarian and democratic impulses of Simón Bolívar and Benito Juárez.
Scientific racism was embraced in the political philosophies of certain late-nineteenth-century and early-twentieth-century Mexican intellectuals. It must be noted that some Chicano and Chicana cultural nationalists have persisted since the 1960s in articulating a misconstructed version of Vasconcelo’s concept of la raza cosmíca (the cosmic race). The científicos were advisers to Porfirio Díaz, who despotically ruled Mexico from 1876 to 1911. One adviser was the positivist philosopher Francisco Bulnes, who proposed a racial hierarchy based on diet and geographic origin. This included wheat eaters: the white race or European from northern temperate zones; rice eaters: the yellow race or Asiatic originating in arid steppes; and corn eaters: the red race or Indian from southern humid tropical or subtropical areas. Bulnes proposed that Mexico’s modernization would result from a policy of systematic extermination of any vestiges of Indian culture and Europeanization of Mexico’s inferior mestizo and mestiza race. This would protect the white Spanish-origin elite and its governing institutions, which the científicos declared were dedicated to “order, progress, and reason.” Bulnes wrote of the “Mexican Indian” with unrestrained contempt:
The Indian is disinterested, stoical and unenlightened; he despises death, life, gold, morals, work, science, pain and hope. He dearly loves four things: the idols of his former religion, the land that feeds him, personal freedom, and alcohol which induces morose and silent deliria. He is a man who ought to dress in a shroud and give away his magnificent teeth, since he does not laugh, talk or sing and almost does not eat.…Why work if he cannot own anything? After he had just been robbed by the Conquistador, along came the friar, the cacique, the municipality, the small-time lawyer, anyone at all. The Indian belongs to everyone who wants to dominate him. (Krause, p. 38)
Nativism
Over the course of the nineteenth and twentieth centuries, ideologies of white supremacy, eugenics, and racial purity took hold across the United States. Immigration law and policy repeatedly have been constructed around discourses of scientific racism, including views articulated by adherents of nativism and eugenics. Through the first three decades of the twentieth century, the Immigration Restriction League worked to end immigration from southern, central, and eastern Europe. Nativists viewed immigrants from these areas as threats to the purity of an American nation understood to be the product of the Anglo-Saxon race busy with the Lord’s civilizing mission.
Between 1909 and 1911 the Dillingham Commission reported back to Congress with a comprehensive 42-volume historical and scientific study of immigration. The commission presented what it viewed as scientific evidence of the racial and social inferiority of immigrants from southern, central, and eastern Europe. This included the Italian school of criminal anthropology (Lambroso, Sergi, and Niceforo), whose work was presented as a source of scientific authority on the innate depravity and criminality of certain human groups, including southern Europeans (e.g., southern Italians).
Throughout the twentieth century, U.S. immigration policy toward Mexico was largely administered as a temporary labor importation program targeted to the needs of agribusiness, mining, and railroads for so-called cheap labor. Mexicans should not be allowed to enter as permanent residents and settlers; they should enter and leave as temporary guest workers. This policy was justified in part on the basis of the belief that the racial qualities of the Mexican immigrant combined the most inferior of old Europe and New World racial types—the “inferior Spaniard” and the “depraved Mexican Indian.” The offspring of this mixed breed were not capable of learning democracy but were appropriate for temporary “stoop labor.” One proponent of this view was Madison Grant, whose book, Race Determinism (1916), proposed the restriction of the immigration of “non-Aryan races.” Echoing the sentiments of the Dillingham Commission and a broad spectrum of the members of Congress, Grant stated:
The greatness of the U.S. is a reflection of the immigration of the Nordic races of Northern and Western Europe. The more prolific Mexican Indian with his bad blood had bred out of existence the “good” white blood of the Spaniards. The resultant hybrid mestizo inherited only the bad traits of parent groups; he was mentally and morally crippled and had no capacity for self-government. (Grant, p. 45)
The Immigration Acts of 1917, 1921, and 1924 ended immigration from Asia and sharply curtailed entry from southern, central, and eastern Europe. Scientific racism grew in influence as nativists, who believed immigration posed a threat to the United States as a white northern and western European–origin Christian nation, and eugenicists, who advocated policies to control race mixing and cull mentally, genetically, and physically deficient populations, gained a toehold in mainstream political discourses. The nativists unsuccessfully pressured the U.S. Congress to include Mexicans under some of the restrictionist provisions of the 1921 Immigration Act.
Many of the advocates of restrictionist immigration policy and eugenics drew from the social scientific theories of Herbert Spencer, William Graham Summer, and other American sociologists. Spencer was an English social philosopher who misappropriated Charles Darwin’s theory of biological evolution through natural selection. Spencer’s ideas became known as social Darwinism, emphasizing the competition for survival among the various races of humankind. While his ideas were embraced by few Britons, he had a devoted following among American capitalist leaders. In his book Progress: Its Law and Cause (1857), Spencer argued that evolution affected not just the “development of the Earth, in the development of Life upon its surface, [but also] the development of Society, of Government…this same evolution of the simple into the complex…holds throughout” the course of human “progress” from primitive to advanced societies (Spencer).
Segregationist sign ca. 1930
Restrictionists have sought to link certain countries of origin (especially Asian and Latin American countries) to disease outbreaks and crime. They have claimed nonwhite immigrants are a menace to public health. Throughout the course of the bracero program (1942–1964), Mexican workers were periodically sprayed and washed for body lice and other vermin. There was widespread fear that Mexicans carried contagious diseases like tuberculosis. In April and May 1980 more than 125,000 Cubans were boat-lifted to the United States; the boat refugees included six hundred former asylum inmates and twelve hundred former prison inmates or people suspected of serious crimes in Cuba who had been released by Fidel Castro. These boat refugees came to be known as the Marielitos, and they were promptly typecast as a criminal and deviant population that threatened the United States with diseases and illicit behavior. A New York Times headline read, “Retarded People and Criminals” (Ojito). By 1987 thirty-eight hundred Mariel refugees were serving sentences for crimes committed in the United States, and another thirty-eight hundred were subject to indefinite detention after completing sentences or for suspicion of crimes. In January 2005 the U.S. Supreme ruled that this detention was unlawful and that the U.S. government could no longer detain Cuban refugees who had served their time or were simply deemed to have suspicious backgrounds. In another example of this type of racist construct, Haitian immigrants (boat refugees) were detained at the U.S. Guantanamo Bay naval base in the 1990s, presumably because they constituted an HIV/AIDS menace.
Courtesy of Truman State University
Sterilization
The involuntary sterilization of Latinas is another long chapter in the history of scientific racism. U.S. sterilization programs against Latinas were first launched in Puerto Rico in the 1930s. Eugenics played a key role in the ideological justification, and proponents of sterilization of Puerto Rican women invoked overpopulation as a major underlying cause of poverty, criminality, and social unrest in the island colony. In the 1940s the policy continued and was rationalized as a way to make Puerto Rican women “more free” to pursue employment in the U.S. manufacturing plants that were attracted by the island’s tax incentives and promises of cheap labor. Through the U.S. Agency for International Development (USAID), the U.S. government funded programs to encourage Puerto Rican women to accept sterilization at minimal or no cost. Many women were unaware the operation was irreversible and did not give informed consent. By 1968 one-third of the women of childbearing age on the island had been sterilized. In 1977 Richard T. Ravenholt, a population officer for USAID, stated that if U.S. goals were met, one-fourth of the world’s women would be sterilized to “prevent revolutions that would interfere with multinational corporations’ financial success” (Hoerlein, p. 5).
Forced sterilization also affected Puerto Rican women on the U.S. mainland. Other Latinas, in particular Chicanas, were also targeted. Nationwide between 1907 and 1964 more than sixty-three thousand people of all racial groups were forcibly sterilized under existing eugenics laws designed to prevent procreation among the genetically inferior races and certain criminal types (i.e., rapists). Under California’s 1909 sterilization statute, the targets were individuals defined as afflicted by “feeblemindedness,” “idiocy,” “excessive masturbation,” “immorality,” and “hereditary degeneracy” (Platt). The eugenicists in California were compelled by anxieties over the “evil of crossbreeding.” Charles M. Goethe, a Sacramento banker, founder of the Eugenics Society of Northern California, and sponsor of Pasadena’s Human Betterment Foundation, noted in 1929 that the Mexican is “eugenically as low-powered as the Negro.…He not only does not understand health rules: being a superstitious savage, he resists them” (Platt, p. 2).
In fact throughout the 1960s and 1970s Chicanas and Mexicanas were sterilized at the Los Angeles County Hospital, often after childbirth, without informed consent. An apology by Governor Gray Davis revealed that California was home to the largest sterilization program in the mainland United States and that its supporters included the publisher of the Los Angeles Times in the 1930s. Between 1909 and the 1960s California forcibly sterilized approximately twenty thousand people under the state’s eugenics laws.
There are reports that Mexican-origin immigrant women in the United States, many of them indigenous, are coming to public health clinics and complaining about “having trouble getting pregnant.” Examinations reveal they have been sterilized by IUDs implanted by Mexican doctors. The number of cases is very high and disproportionately involves women with rural low-income or indigenous backgrounds. In another twist, there are reports of repeated “sterilization sweeps” targeting indigenous populations, including males. Numerous male Zapotec, Mixtec, and other Indians in Oaxaca, many of whom are immigrant workers in the United States, are discovering that commonly botched vasectomies have created serious health problems. These operations are most often performed by medical units of the Mexican military or other federally employed “reproductive health technicians” rather than urologists or surgical specialists.

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Racial Profiling
In a late-twentieth-century study D. Nelkin and M. Michaels concluded that political discourses in the United States in the 1990s experienced “the growing use of evolutionary explanations and biological generalizations—the tainted rhetoric of eugenics—in the contemporary American immigration debate” (Nelkin and Michaels, p. 1). This rhetoric has been directed especially at Mexican-origin and other Latin American immigrants and is even embraced by policy makers as the basis for defining the “desirability of immigrants” based on consideration of their countries of origin. While it is often assumed that eugenicist beliefs are limited to the fringe elements of society, the fact is that many mainstream scientists embrace these views. Daniel Koshland, a molecular biologist and former editor of the prestigious journal Science, has argued that genetics is important in selecting people with “superior skills” and “as society gets more complex, perhaps it must select for individuals more capable of coping with its complex problems” (Hubbard and Wald, p. 116).
One of the most controversial anti-immigration groups in the United States is the Federation for American Immigration Reform (FAIR). The biologists Paul Ehrlich of Stanford and Garrett Hardin of the University of California, Santa Barbara, endorsed FAIR and its support for California’s ill-advised Proposition 187, which bars undocumented immigrants from access to publicly funded education, health, social, and human services. These two highly respected scientists reinforced claims that the United States was being overwhelmed by the illegal entry of millions of “fast-breeding races” from Mexico, Latin America, and the rest of the third world. Between 1979 and 1994 FAIR received more than $1.2 million from an obscure foundation known as the Pioneer Fund, founded in 1937 to advance the cause of scientific racism. The Pioneer Fund dropped its open admiration for Adolf Hitler’s Third Reich after World War II but still funds groups like American Renaissance, which promotes the idea that the United States is a “white nation” and that “brown-skinned immigration” should be completely stopped. FAIR is also linked to anti-immigration activist organizations like the American Border Patrol and other vigilante groups that intercept and report undocumented immigrants as they enter the United States.
Racial violence has often been undergirded or rationalized by appeals to scientific racism. This is evident not just in immigration law enforcement and vigilante activism but across a wide range of state activities, including the criminal justice system. Police violence against Latinas and Latinos has often followed ideological expressions of white supremacy or anti-Latina and anti-Latino sentiment and in numerous cases has been directly encouraged by scientific racists in newspapers and other media. At times police violence has seemed a conscious policy against Latina and Latino immigrants and their children, presumably justified by allegations that Latinas and Latinos are inherently prone to criminality.
In his classic study Ando sangrando (I Am Bleeding): A Study of Mexican American–Police Conflict (1972), Armando Morales cites the case of a master’s thesis written in 1914 by W. W. McEuen, a student of Emory Bogardus, a prominent sociologist and author of what was at the time one of the most widely used introductory textbooks in sociology and social research. McEuen presented the results of a graduate research project purportedly demonstrating the racial inferiority of the Mexican in Los Angeles:
The excessive use of liquor is the Mexican’s greatest moral problem. With few exceptions both men and women use liquor to excess. Their general moral conditions are bad when judged by the prevailing standards. It seems just, however, to say that Mexicans are unmoral rather than immoral since they lack a conception of morals as understood in this country. Their housing conditions are bad, crime is prevalent, and their morals are a menace to our civilization. They are illiterate, ignorant, and inefficient and have few firm religious beliefs. (quoted in Morales, p. 33)
The scientific racism of American sociologists became a weapon used by the police and courts to target Mexicans and other Latinas and Latinos in a precursor to contemporary forms of racial profiling. William H. Parker, Los Angeles police chief from 1950 to 1966, wrote in his autobiography:
From an ethnological standpoint of view, Negro, Mexican, and Anglo-Saxon are unscientific breakdowns; they are fiction. From a police point of view, they are a useful fiction and should be used as long as they remain useful. The demand that the police cease to consider race, color, and creed is an unrealistic demand. Identification is a police tool, not a police attitude. (quoted in Morales, p. 48)
Scientific racism also has long influenced the conduct of military, medical, and social scientific research. A 1970 issue of Military Review, a journal published by the U.S. Army Command and General Staff College, includes an article by Carl Larson, a Swedish geneticist at the University of Lund. Larson wrote that scientific evidence from the study of “drug metabolizing enzymes” demonstrated there were “racial differences” in the way that different populations react naturally to different drugs. Larson concluded that the data posed a possibility for the development of “genetically selective” weapons (i.e., weapons tailored to target only certain human subpopulations) (Cockburn). It is interesting to note that the “genetic maps” created by the Human Genome Project have resulted in the development and patenting of genes and gene sequences in an effort by biotechnology corporations in the pharmaceutical sector to develop genetically engineered drugs “tailored” to any given individual’s genomic profile and is based on research suggesting different populations react naturally to different drugs.
Mismeasuring heads
The IQ Myth
During the 1920s IQ testing entered the public debate on the schooling of Latina and Latino children. The proponents of “standardized” IQ testing “pioneered a powerful explanation for the massive and widespread prevalence of Mexican American school failure: intellectual deficiency” (Blanton, p. 45). Of course these results were manufactured and represented a failure by the dominant society to acknowledge the genuine structural conditions of poverty, powerlessness, segregation, and discrimination faced by Mexican-origin and other Latina and Latino groups. Lewis Terman, who introduced the Stanford-Binet test to the United States in 1916, wrote that:
…a low level of intelligence is very common among Spanish-Indian and Mexican families of the Southwest and also among negroes. Their dullness seems to be racial, or at least inherent in the family stocks from which they come.…Children of this group should be segregated in special classes.…They cannot master abstractions, but they can often be made efficient workers … There is no possibility at present of convincing society that they should not be allowed to reproduce, although from a eugenic point of view they constitute a grave problem because of their unusually prolific breeding. (Lewontin, Rose, and Kamin, p. 144)
During the 1980s and 1990s debates again raged over intelligence testing and claims by statisticians that Latinas and Latinos and other racial and ethnic minorities measured below normal and average intelligence compared to whites and the so-called model minorities (e.g., Japanese Americans). In The Bell Curve (1994) Richard Herrnstein and Charles Murray revived the argument that higher rates of poverty among blacks and Latinas and Latinos were determined more by intelligence than socioeconomic background. Herrnstein and Murray proposed that the poor are a “cognitive underclass” and argued that increasing inequalities in wealth distribution, educational success, and access to good jobs were biologically determined. They proposed an immigration policy based on eugenics. Critics may note that Herrnstein and Murray merely followed the nineteenth-century tradition of “finagling” the data, the statistical sleight-of-hand that Stephen J. Gould brilliantly demolished as a tactic used by the scientific racists who were students of nineteenth-century craniometry, the comparative measurement of cranial capacity across racial groups to determine intelligence. Indeed Herrnstein and Murray drew extensively from Mankind Quarterly, a journal supported by the Pioneer Fund that represented a continued commitment to eugenics research in the United States.
Expressions of support for the underlying principles of scientific racism and its normative prohibition of miscegenation persist within elements of the U.S. Republican Party. These are evident in statements by Robert Patterson, a columnist for separate newspapers published by Senator Trent Lott (Republican, Mississippi) and the former senator Jesse Helm’s (Republican, North Carolina) Council of Conservative Citizens. In defense of Western civilization against the barbaric hoards of multiculturalism advocates, Patterson declared in an interview with the New York Times: “Western Civilization, with all its might and glory, would never have achieved its greatness without the directing hand of God and the creative genius of the white race. Any effort to destroy the race by a mixture of black blood is an effort to destroy western civilization itself” (New York Times, January 15, 1999). Patterson’s sentiment echoes that of de Gobineau and Grant’s shared vision of a pure Aryan race. The racialization of Latina and Latino national origin groups, like that experienced by African, Asian, and Native American groups, persists in the dominant political and civic cultures of the United States. The persistence of scientific racism, and the uncertainty posed by the degree of influence it has on popular culture and the construction of an American national identity, does not bode well for the future of interethnic and intercultural relations in the United States.
Discrediting the Theories
Theories of scientific racism have been widely rejected and discredited for some time, especially since the end of World War II and the aftermath of the Nazi Holocaust. In 1951 the United Nations Economic and Social Council (UNESCO) issued its authoritative report, The Race Concept: The Race Question in Modern Science. This was a declaration on race that was influenced by the work of the anthropologist Franz Boas and his protégés. This important statement declared that races as biological entities do not exist. Only one race, one species of humans, exists. It recognized, however, that unscientific beliefs related to the existence of distinct races and racial hierarchies were the constructs of specific groups with political projects involving the objectives of racial domination or white supremacy.
With the development of genetic sciences, studies of mtDNA or mitochondrial DNA (which is passed only through the maternal side in the line of descent) irrevocably demonstrate the fact that all human groups share a common ancestry, the so-called “African Eve.” There is more genetic diversity within so-called racial and ethnic types than across them. Despite this call for recognition of a universal biological heritage, racist ideologies masquerading as science continue to appear and contribute to intergroup conflict in the early twenty-first century by generating discursive and political projects to impose controls on immigration and intermarriage or to rationalize and defend white privilege.
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