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 hate crime. Show all posts
Showing posts with label hate crime. 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.

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

Wednesday, January 31, 2007

south asian hate crime in nyc

> Press Contact: Vinoo Varghese, 212-430-6468
>
> Madhu R. Goel,
> 212-826-5581
>
>
>
> For immediate release:
>
>
>
> On the night of December 22, early
>
December 23, 2006, Ashwani Nagpal, one of the owners
> of Leela Lounge, known to many of his patrons as a
> friend and a well-liked member of the community, was
> beaten to the point of unconsciousness in his own
> restaurant by a number of individuals, all in their
> twenties.
>
>
>
> Leela Lounge, a popular India-inspired
> restaurant in the NYU area where many fundraising
> events have been hosted by a variety of
> organizations and individuals, has been a part of
> the Greenwich Village community for approximately a
> year. Early December 23, 2006, individuals who were
> present at a holiday party at Leela Lounge attacked
> both Mr. Nagpal and his friend and co-worker,
> Asheesh Mathur. Thankfully, both Mr. Nagpal and Mr.
> Mathur escaped the incident alive; however, Mr.
> Nagpal suffered injuries to the head and Mr. Mathur,
> a fractured nose and cracked jaw. During the course
> of these assaults, racial and ethnic slurs were
> directed to at least one of the victims. It is
> chilling to realize that members of the South Asian
> and Greenwich Village community could suffer this
> sort of violent crime by patrons at their own
> establishment.
>
>
>
> Although several individuals were
> responsible for the assault, five individuals were
> arrested that night and are currently facing
> criminal charges for violent gang assault, but as of
> yet, no indictment has been made. There is a court
> date scheduled for February 20, 2007. In the
> meantime, the community is being urged to contact
> the DA's office to encourage full prosecution of the
> case and to show support for Mr. Nagpal and Mr.
> Mathur.
>
>
>
> We need you.
>
> What you can do, if you want to help:
>
> 1) If you or anyone you know was at Leela
> Lounge on the night of the attack, the night of
> December 23, 2006, it is very important that you
> step forward as you may have information helpful to
> the investigation. Please contact: 212-335-9000.
> Let them know you are calling about People of the
> State of New York v. Anthony Diblasio et al. Docket
> #2006NY087241-244, Docket #2006NY087219.
>
>
>
> 2) Write a letter to the DA's office. Until an
> indictment is issued, there is a chance we might be
> able to influence the DA in which path he chooses to
> pursue. The letter should not be antagonistic in
> tone, but it could convey your support for seeing
> this case prosecuted fully and your opposition to
> any plea bargains. Please write to: Honorable
> Robert M. Morgenthau, District Attorney, One Hogan
> Place, New York, New York, 10007; OR CALL:
> 212-335-9000. Let them know you are calling about
> People of the State of New York v. Anthony Diblasio
> et al. Docket #2006NY087241-244, Docket
> #2006NY087219.
>
>
>
> 3) Rally everyone you know to come out to
> Manhattan Criminal Court (100 Centre Street, Part F,
> 9:30 am) on Tuesday, February 20, 2007, as a silent
> witness and a peaceful supporter. Help us show the
> judge and the DA's office, how much this case means
> to our community. Numbers matter! Spread the word
> to all of your friends, leaders, and any media
> contacts. Convince the media that this is a story
> worth covering.
>
>
>
>
>
> Jimmy Yan
>
> General Counsel
>
> Office of Manhattan Borough President Scott Stringer
>
> One Centre Street, 19th Floor
>
> New York, NY 10007

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