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Back to the Future?

by Kevin R. Johnson

July 24, 2018

Kevin R. Johnson is Dean and Mabie-Apallas Professor of Public Interest Law and Chicana/o Studies at the University of California, Davis School of Law.

As I wrote in 2009, race and class permeate U.S. immigration law and enforcement. This taint stems in large part from the critically important roles of race and class in the formation and maintenance of the American national identity. Immigration law reinforces and maintains that identity by determining who is admitted to the United States. A history of exclusion of poor and working people of color from the United States reveals both how we as a nation see ourselves and our aspirations for what we want to be.

Through aggressive immigration enforcement like that seen in no other administration in modern U.S. history, President Trump has taken race and class in immigration to the next level. Indeed, his administration has embraced a policy akin to the infamously discriminatory Chinese exclusion laws of the late 1800s. Moreover, his attacks on Mexican immigrants, Muslims, and migrants from “s---hole countries” expressly invoke race and class of migrants as the reason for their harsh treatment.

Immigrants from Latin America

Because of their perceived negative impacts on U.S. society, Mexican and other Latino immigrants, particularly those who are undocumented, are among the most disfavored immigrants of modern times. President Trump has made no bones about his view that Mexico does not “send their best” to the United States and has labelled Mexican immigrants as a group as criminals. Although not mentioning “Operation Wetback” by name, President Trump has endorsed the now-discredited deportation campaign of President Eisenhower that removed hundreds of thousands of persons of Mexican ancestry from the Southwestern portion of the United States in 1954. President Trump also has disparaged Salvadorans, tying them to the violent gang MS-13 who are no less than “animals” warranting the harshest of treatment.

President Trump’s raw demonization of Latinos fits into a long history of discrimination against immigrants from Mexico and, more generally, all persons of Mexican ancestry in the United States. The demonization is not limited to “aliens” or “illegal aliens” but today affects Latinos in this country of all immigration statuses.

Anti-Mexican sentiment, often combined with class-based bias, has long been prevalent in American social life. Persons of Mexican ancestry are often stereotyped as little more than peasants who undercut the wage scale of “American” workers because of their willingness to work for “inhuman” wages. The debates over the ever-expanding fence along the U.S.-Mexico border that President Trump champions and border enforcement generally, the proliferation a few years ago of state and local immigration-enforcement measures such as Arizona’s infamous S.B. 1070, and the popularity of immigration enforcement, reveal both anti-Mexican and anti-immigrant sentiment, as well as legitimate concerns with lawful immigration and immigration controls. President Trump has fully embraced and amplified these sentiments.

The difficulty of disentangling lawful from unlawful motivations does not change the real influence that invidious motives have in both the substance and enforcement of U.S. immigration law and policy.

An often-expressed public concern is with the magnitude of the flow of immigrants from Mexico. Some contend that the United States is being inundated – “flooded” is the word frequently employed - with poor, racially-and culturally-different Mexican immigrants (often referred to as “illegal aliens”) and that this flood is corrupting the national identity of the United States as well as resulting in economic and other injuries to U.S. society. Consistent with that sentiment, President Trump has tweeted that immigrants “pour into and infest out country.”

The alleged failure of immigrants to assimilate into American society also is a related, oft-expressed concern and is presumably what motivated the President to say that we need more immigrants from Norway than El Salvador and Haiti.

As President Trump’s comments about immigrants suggest, recent developments reveal the unmistakable influence of race and class on immigration law and its enforcement. Consider a few contemporary examples.

Deportations

The Obama administration deported in the neighborhood of 400,000 noncitizens a year during his first term. Removal numbers were widely publicized. Not widely publicized was that more than 95% of the persons removed were from Mexico, El Salvador, and other Latin American nations. The harsh effectiveness of the Obama removal campaign, which devastated Latino families and communities, resulted from the U.S. government’s focus on noncitizens arrested by state and local police, with whom Latinos are disparately targeted due to racial profiling and other practices.

Announcing a “zero tolerance” policy, President Trump has sought to ramp up removals of Mexicans, Salvadorans, Hondurans, Guatemalans, and Haitians, many of whom are poor and seeking asylum in the United States. This strategy, seen clearly in the administration’s responses to the migrant “caravan” and the Central American mothers and children in 2018, likely will continue to disproportionately affect poor and working class Latinos.

Raids

At various times in U.S. history, the U.S. government has employed raids as a device for enforcement of the immigration laws. Employers as well as immigrants have been affected.

As Congress debated comprehensive immigration reform, the Bush administration increasingly employed immigration raids in the interior of the United States in an effort to demonstrate the federal government's commitment to immigration enforcement.

These raids have had racial and class impacts on particular subgroups of immigrant workers, namely low-skilled Latina/o immigrants.

For example, the May 2008 raid of a meatpacking plant in Postville, Iowa, constituted one of the largest raids on undocumented workers at a single site in American history. In the raid's aftermath, the U.S. government did not simply seek to deport the undocumented, but pursued criminal prosecutions of the workers for immigration and related crimes, such as for identity fraud. The raid involved a massive show of force that included helicopters, buses, and vans as federal agents surrounded the Agriprocessors plant in Postville, the nation's largest kosher slaughterhouse. According to news reports, immigration authorities arrested 290 Guatemalan, 93 Mexican, 4 Ukrainian, and 2 Israeli workers.

President Trump has employed well-publicized workplace raids at 7-11 stores and, more recently, meatpacking and landscaping companies in Ohio. Those raids specifically targeted workplaces of working class immigrants and Latinos. We can expect the same types of disparate impacts on Latino working class immigrants as we have seen with past immigration raids.

Detention

Immigration detention has been in the news, with vivid pictures of desperate mothers and children who fled the rampant violence of Central America catching the national imagination. Ending “catch and release” of noncitizens apprehended in the U.S./Mexico border region, President Trump has used a variety of policies, such as family separation and family detention, in the administration’s efforts to deter Central Americans from coming to the United States to seek asylum – relief for which the law allows them to apply. As the pictures make clear to the world, poor and working class Latinos are the most directly affected. Given that the policies are directed at border crossers from Central America, it cannot be denied that the U.S. government is not targeting Latinos in the enforcement efforts.

Border Enforcement

U.S. border enforcement historically has focused on Latinos, with racial profiling a well-known phenomenon in immigration enforcement. Immigration enforcement officers often target Latinos for immigration stops. President Trump has ramped up enforcement in the U.S./Mexico border region, with persons who “look” Latino/o the focus of those efforts. President Trump’s rhetoric attacking Latinos cannot help but encourage immigration officers to focus on Latinos and to ultimately remove many of them from the United States.

Legal Immigration

The immigration laws through a variety of mechanisms historically have excluded poor and working people of color and continue to do so today. The Trump administration has sought to make it harder to immigrate lawfully to the United States. Put differently, he wants to limit legal as well as unauthorized immigration.

The Trump administration has tightened visa requirements and is promising to do more. President Trump’s travel ban denies entry into the United States of nationals from a number of predominantly Muslim countries. In addition, the President has expressed support for the Reforming American Immigration for Strong Employment (RAISE) Act, which would cut immigration by half and redirect migration away from developing nations populated by people of color, including Mexico, India, and China, the three nations currently sending the most immigrants annually to the United States.

Conclusion

Race and class continue to permeate U.S. Immigration law and enforcement. This is especially true in the Trump era. Indeed, President Trump is focusing on policies that will directly affect working class Latinos. Judging by his incendiary rhetoric attacking Latinos and poor and working people of color generally, the Trump administration seems to have targeted Latinos for immigration enforcement. For better or worse, my 2009 article analyzing the race and class impacts of immigration enforcement is more relevant today than when I wrote it.

Reflections on Money

by Kianga Daverington

September 1, 2020

This essay, written by Kianga Daverington of Daverington PLLC , was originally published in January 2020. The piece as been condensed for clarity.

Money is not a physical object like a coin, a bar of gold or a dollar bill. Money is at its core, a technology. It is a human invention designed to solve a specific set of human problems. Consider money, perhaps, in a new way. Think of money as a system for capturing time.

Time is the one thing we each have that is absolutely finite. We are born, we die, and the dash in between is all the time we have.

Think of production. We can usually produce more of some good by adding people to a task (also known as “WORK”). But we are still constrained by time. Whatever we produce is still limited by the amount of humans that can be organized to go into that production. Each of us possesses a limited amount of time available to us individually, so we need to convince or coerce others to add their time to ours if we want to achieve more than we can alone.

Out of this imperative, nations are born.

The most important quality of any particular form of money is how well it preserves the value of time over time. Can you buy the same amount of stuff or more in the future than you can buy today? If yes, congratulations - your money is accumulating time for you and future generations while you relax on the beach. If it takes more and more of a unit of money to buy the same amount of time in the future, well then I’m sorry, but that unit of money is getting weaker and weaker. It’s losing value or said another way – it’s losing purchasing power. The longer you hold it, the less it buys.

In a way, by purchasing goods and services, you are purchasing time. Every product and every service requires time to make and time to deliver - your time and/or someone else’s. The price therefore reflects the collective value of all the time put in. Money is a way we exchange time and move it around from where it is valued less to where it is valued more.

This is where prosperity comes from. It comes out of how well a society, collectively and each person, spends its time. How much time is spent creating and making? How much time is spent consuming? If we make more than we consume, we have something left over called wealth. If we consume more than we make, we are left with debt. You can’t consume what you don’t have, unless someone extends credit. Where does this “credit” come from? Basically –it’s made up.

Too much credit or debt eventually collapses and everyone is mixed up in the collapse.

If we understand that a unit of money represents a unit of time, and we understand time is limited, then a unit in a system of money with unlimited supply cannot have any value. This is the problem we are facing today with the world’s money supply. The supply of money in the world is increasing exponentially as central banks create money by giving loans to national governments, which is where our money comes from.

Our entire world financial system is a powder keg of debt.

National currencies today are known as fiat money, a currency without intrinsic value that has been given its power to be used as money by a government that says it is money by regulation. Wikipedia says, “Fiat money does not have use value, and has value only because a government maintains its value, or because parties engaging in exchange agree on its value.” Well said, Wiki.

A government’s job of maintaining the value of its national money boils down to a confidence game. On what basis do the people who use that government’s money believe it has value?

What happens to the money and those who hold it when the foundation of that belief begins to crumble?

The Four Courses of the Apocalypse

by Joyce E. Chaplin

May 3, 2020

Joyce E. Chaplin (PhD and MA Johns Hopkins, BA Northwestern) is the James Duncan Phillips Professor of Early American History at Harvard University. You can find her on Twitter here.

In our state of emergency, most Americans want to taste deliverance when they eat. Their wish is important. Humans mask their bare need to eat with culture: customs about when food can be taken, manners for how to consume it, equipment to prepare and serve it correctly, and shibboleths to restrict what can be eaten in the first place. Stockpiling, ordering take-out, gardening, pickling, cooking, baking—by expressing food preferences in a pandemic, US citizens demonstrate what they hope for and fear. What follows is a four-course menu based on popular quarantine options, all of them revealing that Americans hanker after normality. But what is normal? Life before COVID-19 had serious problems. #AloneTogether is a hopeful tag for social distancing. When we’re all, by definition, stress eating in various states of aloneness, are we also sustaining a United States that must, now and in the future, somehow hang together?

4 G 30 10A

We’ll start our meal with sourdough. On Twitter, ongoing convo about bubbly mothers is not about extroverted female parents. Mothers (or starters) are thick, fermented cultures of lactobacilli that, instead of baker’s yeast, leaven sourdough. Carefully cultivated, in jar or crock or Tupperware, starters look like loose, frothy dough. You measure some out for a bake, then tenderly feed the remainder some flour and water. True sourdough is vegan and is one of the world’s oldest foods, with each lactobacillus strain native to a specific place on Earth.

Sourdough is undeniably American. It was the sturdy fare of many a young man (or woman) who followed the call to go west, to wherever the urban supply line of brewer’s yeast gave out, whenever baking powder wasn’t yet commercially available. In Laura Ingalls Wilder’s Little House books, sourdough biscuits are the daily bread. Gold miners ate those biscuits, too, also sourdough flapjacks, fixed from treasured starters. Boudin Bakery claims (credibly) to be the longest continuously operating business in San Francisco. It was founded in 1849, when a Frenchman opened a commercial bakery, using a Forty-Niner’s sourdough mother, which the company says it’s tended ever since. (Bite into Boudin and you’re chewing on something roughly 170 years old.) Onward the bubbly mothers went, to the Klondike, site of the next gold rush. The “Sourdoughs,” as Alaska miners were called, are commemorated in Charlie Chaplin’s Gold Rush (1925). This is the movie in which the Little Tramp and his cabin mate, snowbound together (sound familiar?), get so hungry that Chaplin’s character boils and dines on his boot, and then his roomie seeks to dine on him.

Alas, it’s this vignette, with one starved Sourdough hallucinating that the other is a tasty chicken and chasing him with an axe, that I cannot forget amid the pleasant twittering about rustic boules. What do people think they’re doing when they bake bread at home, one loaf at a time, or even two by two, as if handily adapting ancient divine advice for surviving an impending disaster? Historically, people didn’t do that. Baking whole loaves of bread consumes lots of fuel. The ancient Near East, ancestral land of small-grains like wheat and bread baked from them, lost most of its trees in ancient times—Lebanon and Egypt once had forests of cedar and pine. As timber dwindled, firing an oven got expensive. Quick-cooking flatbreads were what people made at home. In the tree-depleted old world, commercial bakers had to figure the cost of fuel into baking multiple loaves of bread in a large oven. For a fee, a baker might make room for household loaves, or even other cooking, for people who couldn’t afford much fuel. One way or another, it could take a village to bake a loaf of bread. In North America, however, settlers found plentiful wood—great for baking—until they cleared the woodlands nearest the settlements. At that point, they needed a Monsieur Boudin to bake them something other than quick pancakes.

I don’t think most of social media’s sourdough bakers know that their re-enactment of American pioneer autonomy defies a bigger history in which daily bread evoked connection to others, if not dependence on them.

Frankly, American sourdough smells like settler-colonialism, a fragrance of biscuits and flapjacks rising above the log cabins and mining camps that steadily eroded Indigenous land rights while cutting down trees on those lands.

It’s a myth that pioneering individuals or families settled the West—the federal government did that, through policies that favored the spread of white population. The ability to own and maintain a freestanding household (with an oven) is still a legacy of US racial and class privileges.

Maybe, at this point, you’d like a drink with your meal? Lots of other people are having one, or three. The marketing research firm Nielsen found that, compared to a year ago, March 2020 showed a 75 perecent increase in spirits sold, a 66 percent increase in wine sales, 42 percent for beer, and a spike of 243 percent in online alcohol sales generally. (March 2020 cannabis sales also soared in states where it’s legal to buy.)

That’s self-medicating to the point of disaster. An editorial in the Boston Globe pleaded for a ban on alcohol sales during the emergency shutdown, pointing out booze’s role in rising rates of domestic abuse. Under quarantine, vulnerable individuals are miserably close to abusers and distanced from helpers. The nuclear family was supposed to have been cleansed of the worst residues of ancient patriarchal rights. We’re now engaged in a painful test of how much of that work was done. Post-quarantine rates of divorce, (re)marriage, and births will reveal collective confidence, or not, in the American nuclear family, temporarily returned, as it has been, to a state of snowbound homesteading.

Take cheer, for the moment, in our second course, crab rangoon. Aggregate Uber Eats data about early-April deliveries identified this as the nation’s third most popular dish, trailing french fries and pad thai. What is it? Bits of crab (or imitation crab) and seasonings are blended into cream cheese. Dollops of the tangy mass are wrapped in wonton pastry, then deep fried. The crisp bundles are typically served with a sweet dipping sauce. If you think this sounds like bar food, you’re right. Crab Rangoon seems to have been invented at Trader Vic’s, the post-World-War II tiki bar that also claims to have invented the mai tai. Crab rangoon has no connection to Yangon in Myanmar. The fried parcels belong to the chop-suey canon of Chinese-American foods, the knowingly false concoctions that mingle something authentically Asian (like wonton pastry) with some kind of Americana (“Philadelphia” cream cheese), often featuring an expensive treat, like crab.

Is this cultural appropriation? Maybe. Though it was Chinese immigrants themselves who shrewdly sold chop suey to white customers to ensure their grandchildren would never have to work in restaurants. Are crab rangoons culinary abominations? Well, what isn’t? It’s not as if ballpark beer and hotdogs greatly resemble the lager and wurst homesick German immigrants tried to recreate in the United States. Let’s give chop suey and crab rangoon the benefit of the doubt, regarding them as gateway dishes for the timid Euro-American palate. Without those dubious chimeras, would pad thai have become the second most ordered thing on Uber Eats in 2020?

The Uber data proves another of crab rangoon’s essential qualities: it’s not home-cooking; food service workers make it. When it arrives with its jewel-tone dipping sauce, it’s proof that you didn’t have to cook. Even if you buy frozen crab rangoon, somebody else got it ready for you to heat up. For this second course in our pandemic dinner, it still takes a village. One commentator on the Uber Eats data wondered (with studied innocence) what chicken tikka masala and “crag [sic] Rangoon” could possibly be? Sadly, some Americans don’t enjoy any Asian cuisine. (Perhaps they also call COVID-19 the “kung flu.”) The “crag” for crab was probably just a typo, b and g are neighbors on the keyboard, after all. But that mistake conceals the dish’s inherent sociability. No one orders crab rangoon from a distant crag where they can’t get a phone signal. Just remember: if you order anything, add a tip. Everyone in food service is tired, underpaid, and risking infection.

I hope you’re not full, because here comes the main course and it’s Spam. This is neither home-made nor ordered from a restaurant. Each can of Spam yields a dense, pink, rounded-edge oblong that can be sliced or diced, then baked, fried, or microwaved. It predates the microwave, invented in 1937 by the Hormel Company to sell pork shoulder during the Great Depresssion. “Spam” vaguely promised shoppers some nice spiced ham. Spam hit the big-time during World War II, when the US government bought it in bulk to feed servicemen. It remains popular on Pacific islands, including Hawai’i, that have had large US military bases.

Spam is newly coveted because it’s shelf stable, a prepper protein the Greatest Generation bequeathed to us. It joins several related revivals. Backyard gardening and home canning are also on the rise, just as victory gardens and adaptation to food rationing supported war efforts in the early twentieth century. It must be said, however, that today’s prepping also descends from the bleaker survivalism of the Cold War. In the 1950s and 1960s, Spam-stocked bomb shelters were not so much parts of a collective program to defeat the enemy as they were ways to outsurvive one’s neighbors. Nicely browned, Spam has a crisp keep-calm-and-carry on quality. But also a Dr. Strangelove sizzle.

Spam sales are part of pandemic enthusiasm for animal products, even those produced from factory farms—even though we should know better. Spam is a branded product. People have heard of it even if they’ve never eaten it. It’s the antithesis of farm-to-table, also of vegetarianism or veganism. It’s not just processed food, but highly processed—and cruelly so. Spam is extracted from hogs, a highly sentient and social species. They are bred in metal cages with concrete floors and slaughtered on an industrial scale. Producing protein this way is inhumane and environmentally unsustainable. And yet meat is a high priority for many Americans. On April 28^th, President Trump signed an executive order to declare meat processing plants “critical infrastructure.” He is indifferent to the hogs, and to the meat-industry workers who now cannot practice social distancing. Who cares about them? Recent analysis of the most-Googled recipes in each US state showed that iterations of hamburger or ground beef were the top choice in twelve states, chicken in five, pork in three more—twenty of our fifty states seek animal flesh. But whatever industrial meat’s current merits as comfort-food, we cannot plan to subsist on it in the decades to come.

Time for dessert? Maybe you’re trying to avoid “the COVID 15,” the fifteen extra pounds stress-eating is packing around some self quarantiners. How about a healthy orange? Fruit isn’t a bad choice. Even grapes or apples, which are little more than bags of fructose and water, with trace vitamins, are better than actual candy.

But, first, give thanks to the people who pick your fruit and to the natural world that makes all food possible. Agricultural piece workers have unenviable jobs that poorly match the attractive pyramids of bounty in the produce section. This isn’t one of those (vanishingly rare) problems that the pandemic has made better. Most US farm workers are undocumented migrants, to whom many labor regulations never apply. They are now, in the pandemic, categorized as “essential workers,” out of concern to maintain the food supply. But this means the workers can’t stay home, either to recuperate if they’re sick or avoid people they know are infected—and those two factors feed on each other, even out in the fresh air of a field of antioxidant-rich strawberries. If we want to continue to enjoy berries or oranges, we’ll need to reconsider the compromised labor conditions for agricultural workers in an increasingly exclusionist United States.

Also, whether we want to think about it right now or not, climate change is threatening most crops, including those, like citrus, that are Goldilocks-picky about their temperature and rainfall.

Now, back to those antioxidants. Many fruits (and vegetables) have super-nutritional qualities. These are critical for maintaining health. Your body will disintegrate from scurvy if you cease to ingest Vitamin C; the known range of vitamins, minerals, antioxidants, and micro-nutrients have similar prophylactic functions. Together, they boost the immune system’s defense against infections, including COVID-19.

But fruit alone doesn’t ward off contagious diseases. We also need immunizations, which shield individuals from horrors like smallpox while giving populations the herd immunity that prevents outbreaks of measles, whooping cough, and the like. Anti-vaxxers, the people who think inoculating children creates autism, preach instead the efficacy of diet. In parallel, right-wing survivalists are peddling pandemic decoctions of colloidal silver. Silver has antibacterial properties; these have no effect on viruses like COVID-19, however. Nor will an orange a day truly keep the doctor away. If anti-vaxxing survives the pandemic, can anything kill it? More to the point, if civic intelligence about science could also be described in terms of herd immunity, at what point might we be collectively doomed by the ignorance of a minority?

I offer a fortune cookie at meal’s end. And the fortune reads:

Eat wisely—#AloneTogether is forever.

frank news is dedicated to storytelling across all mediums. A space for debate, discussion, and connection between experts and a curious readership. Topics are presented monthly with content delivered daily.

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