LEGAL ACTIVISTS OF COLOR
News, Events, Actions and Commentary on law and social justice. Welcome to the official blog of the United People of Color Caucus (TUPOCC) of the National Lawyers Guild.
Showing posts with label Latino. Show all posts
Showing posts with label Latino. Show all posts

Saturday, November 22, 2008

Uncovering the racism of nativism in the US

Recent reports about the murder of Marcelo Lucero in the TUPOCC Yahoo! group prompted me to ask us to consider how legal activists of color, and our friends, might use critical legal theory and our experiential insights to uncover the racism of US nativism and and change popular understandings of today's anti-immigrant movement.

I referred to a Facing Race conference workshop that some of us attended on this subject last week, and a compañero in New York just mentioned today's Black Alliance for Just Immigration (BAJI)'s conference on Galvanizing our Power for Action: Building Bridges between African-American and Immigrant Communities.

BAJI does great work, and I think we should all learn and talk about the relationship of US racism and nativism. In my Chicanos, Law, and Criminal Justice class at UC Berkeley, I teach about how the US has historically racialized Latinas/os vis-a-vis Indigenous and African peoples. In this post I share some resources and sketch my understanding of the racism of US nativism.


Let's start with the Anglo seizure of Tejas and the US invasion of México in the first half of the 19th century.  

(N.B. Before continuing, it's important to acknowledge that all history is highly complicated, and we have imperfect means from fragmented sources to know the past.  Certainly some Tejano elites joined Anglos in establishing Texas as an independent republic in 1836; similarly, the US-Mexican War had multiple factors.  However, as I have asserted, my critical analysis of these past events has led me to frame them as the Anglo seizure of Tejas y the US invasion de México.)

As many have written, relations between the US and México soured in that early to mid 19th century period.  In particular, numerous influential US congressmen railed against México as a nation of degenerate mongrels and expressed fear about incorporating territories with substantial numbers of them (us, colored folks).

I use a few excerpts to teach about this history, including Chapter Four, "Latinas/os" of Perea, Delgado, Harris, Stefancic & Wildman's Race and Races: Cases and Resources for a Diverse America, 2d ed. (2007), and the excerpt of Ian Haney López's The Social Construction of Race: Some Observations on Illusion, Fabrication, and Choice in Davis, Johnson & Martínez's A Reader on Race, Civil Rights, and American Law (2001).

The important point vis-a-vis conventional ideas about the "black-white binary" of race in the US today is that Latinas/os--particularly Mexicans and Puerto Ricans--in the 19th century challenged the US Anglo imaginary with a somewhat different dilemma than that posed by "the peculiar institution" of slavery.  

Instead of an internal non-white "minority," México y Porto Rico presented the specter of already racially-mixed societies.  And, according to the US Anglo conceptualization of race in the 19th century, the inferiority of a racially-mixed mongrel was even greater than that of a non-white Indian or African.  Contemporary ideas promulgated at that time held that mixing the races produced an inferior breed to any of the "pure" races.  

(Contrast these ideas with the 1990's celebration of multi-racial minorities, or the (re)discovery of bi-raciality.  In turn, understand that always already, folks be hella mixed.  Racial purity is a lie and an invidious illusion.)

From these first moments when the US incorporated of parts of México (starting with Tejas from 1836 to 1845, then including the lands ceded under the Treaty of Guadalupe Hidalgo in 1848 and finally those later acquired in the Compromise of 1850 and the Gadsen Purchase of 1853), the idea of US nativism became even more complexly tied to racism.  Previously the notion of US nativism was already fraught with contradictions given the genocide of Indigenous people and the situation of "native-born" African Americans, who were nonetheless legally excluded from enjoying their (our) human rights, including of course U.S. and state citizenship.

In the two decades prior to the Civil War and Reconstruction, however, the US incorporated a massive new territory inhabited by a substantial new "minority," which demaned an evolution in the means of subordination, i.e., the racialization of "Mexicans," first as "Greasers" (as in the infamous California anti-vagrancy law of 1855) and later as "cheap labor."

A foundational resource for understanding this history is Tomás Almaguer's Racial Fault Lines: The Historical Origins of White Supremacy in California (1994, new edition forthcoming 2008).  Chapter One, "'We Desire Only a White Population in California' - The Transformation of Mexican California in Historical-Sociological Perspective," is particularly useful.  Another useful resource is Gilbert Paul Carrasco's Latinos in the United States: Invitation and Exile in Juan Perea's Immigrants Out! The New Nativism and the Anti-Immigrant Impulse in the United States (1997).  

A new book that I will likely incorporate into this section of my class is Laura Gómez's  Manifest Destinties: The Making of the Mexican American Race (2008), which provides critical insights into this history beyond the California context.  Understanding "Mexican" racialization in New Mexico is particularly important because that region remained a territory for 62 years -- from 1850 to 1912 -- until the Anglo population outnumbered the Hispano population.  New Mexico is also important en la conciencia xican@ (in Chicana/o consciousness) because the New Mexico Territory was broken into parts to form Arizona, parts of Colorado and eventually New Mexico; it also has great importance as a site of centurial armed resistance to Anglo domination, from Las Gorras Blancas of the late 19th century through the efforts of Reies López Tijerina y La Alianza Federal de Mercedes in the 1960s.)

As Almaguer argues persuasively, using archival historical sources, the racialization of "Mexicans" in the US extended and evolved earlier forms of US racism against Indigenous and African people.  In turn, Carrasco's chapter details how the racialization of "Mexicans" was particularly linked to the evolving labor demands of the 19th and 20th century, e.g., the Gold Rush, agricultural work, World War I, the Great Depression and the so-called "repatriation" campaigns of the 1930s, World War II and the second Bracero Program, "Operation: Wetback" and the H-2 visa program.  (Gómez's arguments complement these by advancing her notion of Mexican Americans being "off-white," meaning sometimes defined as legally white but almost always defined as socially non-white, and grounding her concept in the particular history of New Mexico.)

Here is the take away point for folks open to understanding (and interested in articulating clearly) how racism is at the root of US nativism: Anglos evolved and extended US racism from the history of Indigenous genocide and African slavery as the US conquered and annexed the vast Mexican territory now known as the Southwest.  In so doing, the US force a terrible Faustian pact onto Mexican Americans (and by implication all Latinas/os): deny your Indigenousness, denigrate your Blackness and aspire to racial Whiteness, or be ready for subjugation like an African and slaughter like an Indian.

Geography, region and social space is the critical factor that blinds some of us from seeing the connections between historical and contemporary racism(s) and nativism(s).  Without understanding the foundational historic racialization of "Mexicans" (and the also salient historic racialization of Puerto Ricans) vis-a-vis Anglo American government, citizenship and political economy, it might be confusing to hear me say that US nativism is a form of racism, or and to understand how these ideologies overlap substantially.

However, to one who knows this history, today's nativism--whether it be in Congress, en la frontera or in Long Island--looks like it clearly continues the sorry past.

***

I'll end by citing two more important texts about these ideas.  See Robert S. Chang & Keith Aoki, Centering the Immigrant in the Inter/National Imagination, 85 California Law Review 1395, 10 La Raza Law Journal 309 (1997) (published simultaneously in both journals).  While I have not taught it yet, I read Chang & Aoki's explanation of "nativistic racism" during law school and recall it being rich with insights on this subject.

Second, Juan Perea's, Demography and Distrust: An Essay on American Languages, Cultural Pluralism, and Official English, 77 Minnesota Law Review 269 (1992) is a well structured history of the hidden past of US multilingualism, e.g., French, German, Spanish and English, at the founding and throughout the history of the US and its various states.

Sunday, November 16, 2008

Facing Race

Responding to a call by TUPOCC founding co-chair Renée Sánchez, and organized by USF 3L and NLG-SF Student Vice President, Aliya Karmali, about ten TUPOCC members and our friends attended the Applied Research Center's Facing Race: A National Conference in downtown Oakland, California this past weekend.

Attending plenary panels and workshops from Thursday's opening keynote by Sherman Alexie to Saturday's closing plenary on Race and the Global Economy, TUPOCC was present and representing radical "queer, colored" legal activism, as we connected with our friends and allies from other organizations dedicated to interracial justice, as a critical dimension of the people's intergenerational movement toward social justice.

While there were many interesting panels and workshops, I found two workshops particularly helpful to my interests in helping us build TUPOCC and creating community in Oakland.  

BYOB: Build Your Own Blog was led by Liza Sabater of CultureKitchen.com and Chris Rabb of Afro-Netizen.  Beyond an introduction to blogs and blogging, Liza and Chris provided great information about technologies that could substantially help us represent our racial justice work like Utterli (mobile audio/video sharing) Shoebox (photo management) and Drupal.

That last software, an open source package (as in GNU and the free software movement) seems particularly promising in helping us build TUPOCC's infrastructure beyond our previous and present attempts with Yahoo! Groups, the TUPOCC website and our Legal Activists of Color blog.  Liza particularly indicated that Drupal has a module that can realize my idea of literally mapping TUPOCC's membership, by integrating Google Maps with a membership database that we could create based on the 141 folks in our Y! group.

While I have yet to download Drupal and likely won't start learning it until mid-December, I am very excited about its potential for TUPOCC and the several other organizations for which I volunteer, e.g., Latina & Latino Critical Legal Theory, Inc., the East Bay La Raza Lawyers Association, the Berkeley Law Foundation and the National Latina/Latino Law Student Association (NLLSA).

It's been a while since I've focused my energies on non-law and non-text learning and culture making, and I miss photography and film-making a great deal.

The second workshop I attended, Creating a Culture of Racial Justice, was powerfully synergistic.  Moderated by Melanie Cervantes of Dignidad Rebelde and Taller Tupac Amaru, this workshop also featured Favianna Rodriguez, co-founder del mismo taller, Tumi's Design and the Eastside Arts Alliance; and DJ Phatrick and Samantha Chanse -- popular educators, community builders and radical cultural workers of color who are (or in the recent past were) based in the SF Bay Area.

Melanie's prompts and questions were particularly stimulating and merit mentioning three of the most memorable:
  • How do people create a racial justice culture to support social justice movement(s)?
  • How do folks who have become artists inspire and materially support others who desire to make art but feel unable to do so vis-a-vis their racial subordination and other forms of oppression? 
  • How can artists serve as visionaries for the racially just world we want to create?
By themselves these questions may not seem revolutionary to some, but witnessing Favianna, Melanie, Patrick and Samantha share how they have made their lives and their art into living visions of racial, immigrant, gender and sexual justice was deeply inspiring.

I have lived, loved and worked hard to develop mi conciencia (a radical racial, political, sexual and spiritual awareness of my place in people's history), but to study law I stopped making photographs and films, dancing, journaling and writing poesía.  While I tried to remain aware of the importance of "in xochitl, in cuicatl, flor y canto, flower-and-song" (art, poetry, dance, singing), my daily practice of making art basically stopped, as I focused on learning the law, reading critical legal scholarship and organizing students.

Witnessing Favianna, Melanie, Patrick and Samantha, reminded me of the crucial necessity to make soul and face as our elder compañera Gloria Anzaldúa and other radical lesbian Chicana poetas, artistas, scholars y filósofas have written.

While directly serving the people as a community lawyer in West Oakland's Homeless Action Center is a powerful practice of transgression against class norms and teaches me daily about solidarity across the many dimensions of power and identity (especially interracial and gender justice), Creating a Culture of Racial Justice reminded me that I also need to regularly practice love-inspired art-making -- in order to feel joyful and strong enough to serve nuestra lucha por justicia para el pobre (our struggle for justice for the poor), as the old La Raza Law Students Association slogan goes.

I have a lot more to write but more has already been reported.

I will end by mentioning four mujeres with whom I spoke briefly on the last day of Facing Race.

First, I briefly saw Tiny, aka Lisa Gray-Garcia, the fierce and fearless poverty scholar and co-founder of San Francisco-based POOR Magazine / Poor News Network.  Tiny mentioned that POOR is on the move to the Mission District, after having resisted its threatened eviction, naming "development" for the 21st century colonization that it recapitulates and organizing the people to take back the land by holding a ceremony that calls upon the UN Declaration on the Rights of Indigenous People.

I also caught a glimpse of Evelyn Sanchez of the Bay Area Immigrant Rights Coalition (BAIRC), whom I spoken with briefly at Friday afternoon's plenary on The Race Debate: Challenging Colorblindness with Race Conscious Solutions.

Next, I took the opportunity to speak with Elizabeth "Betita" Martínez, who was book-signing at the AK Press table and whose sixth book, 500 Years of Chicana Women's History / 500 Años de la Mujer Chicana, was recently published.  

I first read Betita's work while surviving law school: as I did at least once a semester, I left campus and got lost until I found myself in a bookstore, seeking words to nurture my spirit against the profound alienation of formal legal education.  

In San Francisco's Mission District, I came across De Colores Means All of Us: Latina Views for a Multi-Colored Century, which introduced me to Betita's profound writings on mujerista and youth activism from New Mexico a California and across much of the twentieth century.  I had most recently seen Betita across the table during La Raza Centro Legal's 35th anniversary dinner earlier this year, and when I mentioned it, she told me that she recalled how I was sitting to her right and asked about my work in West Oakland and the meaning of my middle name, Tizoc.

As she carefully composed the brief inscription she wrote on the book's frontispiece, I waited, kneeling before the table and feeling ever more deeply the significance of our brief momento conjuntos.  I thought of my dad y abuelitas and my mom y tías and knew I was exactly where I should be.  

Afterwards, thanking her and moving on, I was pleased to share the book con alguna de nuestras compañeras, Teague Briscoe (an El Paso homegirl and president-elect of the National Lawyers Guild - San Francisco Bay Area Chapter).

Finally, I had the fortune of seeing Tommy Escarcega, another El Paso Tejana and long time community activist who was organizing in support of the voting rights of people in county jails this past election.  

We first met four or five years ago when she knocked on the door of La Raza Law Students Association at the UC Berkeley School of Law (Boalt Hall), saying she had heard there were Raza law students and asking for our support of her work in Proyecto Common Touch, which she founded to protect the due process rights of convicted women on parole or in custody.   

Since then I've seen La Tommy a few times over the years, like when her project was based at Centro Legal de la Raza in Oakland's Fruitvale District.  We spoke briefly about her recent work on the voting rights of people in jail, and I introduced her to other TUPOCC xicanas as the conference ended.

+++

As I've tried to show, the ARC's Facing Race was a powerful meeting of what Liepollo L. Pheko, of The Trade Collective, dubbed "the manys" who remain committed to the compact for racial justice.  I encourage you to read more reporting on Facing Race.

Muchismas gracias a Renée y Aliya for motivating and organizing TUPOCC to represent at Facing Race.  We did good outreach work in identifying allies and nurtured relationships con nuestr@s compañer@s across the law / non-law divide.

As Betita wrote, "Thank you for your good work, ¡Adelante juntos!"

Monday, May 19, 2008

U.N. Independent Expert On Racism Begins Fact-Finding Mission In U.S.

U.N. Independent Expert On Racism Begins Fact-Finding Mission In U.S.

Official Visit Underscores Ongoing Issues Of Discrimination Throughout Nation

FOR IMMEDIATE RELEASE
May 19, 2008

CONTACT: Rachel Myers, ACLU, (212) 549-2689 or 2666; media@aclu.org
Stacie Miller, Lawyers' Committee, (202) 662-8317
Ajamu Baraka, USHRN, (404) 695-0475

WASHINGTON – Several national civil liberties and human rights groups today welcomed a fact-finding mission to the U.S. by the United Nations Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance. The American Civil Liberties Union, Global Rights, the Lawyers' Committee for Civil Rights Under the Law, the U.S. Human Rights Network, the NAACP Legal Defense Fund, the Rights Working Group and the National Law Center on Homelessness & Poverty call on the U.S., state and local governments to fully cooperate with the special rapporteur.

"The visit of the special rapporteur is a critical opportunity to shed light on the pervasive and systemic problem of racism and discrimination in the United States," said Jamil Dakwar, Director of the ACLU Human Rights Program. "In this election year, the eyes of the world will be turned toward America and its longstanding promise to end racial and ethnic inequalities."

At the invitation of the U.S. government, Special Rapporteur Doudou Diène is visiting the U.S. from May 18 to June 6 to examine issues of racism and racial discrimination in this country. Diène will visit Washington, New York, Chicago, Omaha, Los Angeles, New Orleans, Miami and San Juan, Puerto Rico over the next three weeks where he will study incidents of contemporary forms of racism, racial discrimination, xenophobia and related intolerance and the governmental measures in place to address them.

Diène is scheduled to meet with federal and local government officials as well as members of diverse communities across the United States and representatives of several non-governmental organizations (NGOs).

"The special rapporteur's visit presents a unique opportunity to give voice to those combating racism in the U.S. and will bring our concerns to the U.N. and its enforcement mechanisms," said Aubrey McCutcheon, Director of Programs at Global Rights. "I am confident Mr. Diène's visit will heighten our efforts towards eliminating racism and its vestiges."

In March 2008, the separate U.N. Committee on the Elimination of Racial Discrimination (CERD) issued a strongly worded critique of the United States' record on racial discrimination and urged the government to make sweeping reforms to policies affecting racial and ethnic minorities, women, immigrants and indigenous populations in the U.S. Several civil liberties and human rights organizations have urged the special rapporteur to critically examine the continuation of racism and racial discrimination in various areas identified by CERD and well documented in extensive NGO reports, including criminal justice, education, housing, juvenile justice, immigration policy, police brutality, hate crimes and racial profiling.

The mandate of the special rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance was established in 1993 by the U.N. Commission on Human Rights and further extended by the U.N. Human Rights Council. The special rapporteur will submit a final report on the visit to the Human Rights Council in the spring of 2009.

More information about the special rapporteur's visit is available online at: www.aclu.org/intlhumanrights/racialjustice/sronracism.html and www.ushrnetwork.org/special_rep

More information about the CERD recommendations to the U.S. is available at: www.aclu.org/intlhumanrights/racialjustice/cerd.htmland and www.ushrnetwork.org/projects/cerd

Friday, March 16, 2007

Latinos blocked out of law school...


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Few Hispanics in law school
editorials and opinion
<http://www.scrippsnews.com/taxonomy/term/172>

By LAWRENCE VELVEL
Friday, March 09, 2007

Only an estimated 3.9 percent of this nation's lawyers are Hispanic. It's a group that represents 13 percent of the nation's population, more than 40 million people. Yet, even as this number is rising rapidly, Hispanic enrollment in our nation's law schools is falling off.

There are a number of reasons for this. Some, such as poverty and consequently low graduation rates from high schools and colleges, have little to do with the law schools themselves. But the law schools, and the American Bar Association, are playing a major role in keeping Hispanics out of the legal profession.

Hispanics are being screened out by the Law School Admissions Test (LSAT). This test is insisted upon by the ABA, which accredits nearly all law schools today. Yet it has been well established that the LSAT not only discriminates against Hispanics and blacks, but favors applicants from wealthier backgrounds, who score higher than middle- or low-income applicants from any group.

According to Elizabeth Chambliss, a professor at the New York Law School, "The legal profession already is one of the least racially integrated professions in the United States when all four minority groups (African-American, Hispanic, Asian American, Native American) are aggregated."

She blamed "the heavy reliance" of law schools on the LSAT, explaining, "African Americans and other minority groups score lower, on average, than whites, yet law schools' reliance on this measure of aptitude has increased markedly over time."

But even if a Hispanic overcomes the LSAT barrier, he or she runs into tuition barriers. Since 1990 law school tuition has skyrocketed 267 percent. Yale charges tuition of $38,800 a year; the University of Southern California in downtown Los Angeles charges $37,971; Southern Methodist University, in Dallas, charges $31,238, and Texas Southern University, in Houston, charges $20,850.

The result is every one of those schools has a Hispanic enrollment of about 6 percent or fewer, even though most are in large Hispanic centers. USC, located in a huge Latino population center, has only 39 Mexican-American students and 15 other Hispanics enrolled among its 628 full-time students.

At the private University of Miami Law School in Coral Gables, where the annual law school tuition is $31,094, only 11.8 percent of the student body is Hispanic. At nearby, state-supported Florida International University, where tuition is $8,543, Hispanic enrollment is 40.7 percent.

Law school costs and tuitions are being pushed up in good part by the ABA accreditors. "Demanding extravagant wages, working conditions and lifestyles for law professors, and demanding plush facilities and libraries, the ABA standards required enormous financial resources," author Debbie Hagan wrote in her book "Against The Tide," published by University Press of America.

ABA standards regulate everything from how many hours law school professors may teach (not many) to the number of expensive full-time professors, sabbaticals, elaborateness of buildings, entrance examinations and even the number of (very expensive) books in the library, Hagan notes.

It is common for law school professors today to earn between $200,000 and $300,000 a year for light teaching loads, while the students whose tuition pays their salaries graduate with debts of $100,000 or more that take years to pay off.

The Hispanic-excluding ABA rules are nice for law professors, who lead plush lives, but are bad for education.

As Saul Levmore and David Van Zandt of the American Law Deans Association (ALDA) wrote last year: "The ABA continues to impose requirements on the law schools it accredits that are not only extraneous to the process of assuring the quality of legal education, but also that improperly intrude on institutional autonomy in seeking to dictate terms and conditions of employment."

Levmore is president of ALDA and dean of the University of Chicago Law
(Lawrence Velvel is dean and cofounder of the Massachusetts School of Law at Andover. Contact him at velvel(AT)mslaw.edu. For more stories visit scrippsnews.com)




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