Tag Archives: detention

Good news

Trigger warning: indefinite detention, electoral disenfranchisement, racism

The past few weeks have seemed like a bit of a parade of bad news – with Donald Trump’s ascendancy in the Republican primary among other worrisome events. Recently, however, there’s been a few small but significant changes that can give us hope.

Think of the children

After the number of unaccompanied children crossing into the US peaked in 2014, the public’s attention to the issue has steady declined. Even as fewer children have ended up in the overcrowded and dangerous detention facilities scattered across the southwest US, those already here have largely faced a toxic mixture of judicial neglect and increasingly unrealistic orders for them to leave the country.

A new report from Generation Progress touches on the issues that I and others noticed were looming problems just as the crisis began – that very few of these cases have assigned lawyers or even translators. Concerned Senators and Representatives have stepped in with new federal legislation requiring more extensive availability to those services as well as more thorough accountability for the agencies overseeing these detention facilities and court proceedings. Unfortunately, as long as the Senate and House are Republican-controlled, these reforms are unlikely to become law.

The day’s wages

In New York and California a similar tentative step forward, in this case on the minimum wage, has unfolded. In both progressive-leaning states with large labor pools, local activism was sufficient to push for incrementally raising the wage floor. In New York, the main determinant will be regional, with New York City proper seeing its wages move up the most quickly, followed by outlying parts of the urban center, and lastly other parts of the state. To a certain extent, that reflects cost of living, although across the state that will catapult minimum wage workers from $9 an hour into a more manageable economy. In California, the changes will be tailored more to the type of business, with smaller companies given slightly more time to adapt.

072814-minimum-wage_map
(Changes have so far been concentrated in states with minimum wages higher than the federal minimum wage, however. Image modified from here.)

Many commentators have viewed this as a reflection of the populist politics fueling Senator Sanders’ presidential run, but the piecemeal approach in both California and New York is more reflective of the gradual and contextual increases advocated by Secretary Clinton. Far from outside of these policy victories, Clinton took part in the celebratory rally put on by New York Governor Cuomo in her adoptive state.

Who counts the voters

Whether at the state level or federally, these different movements aimed at improving the quality of life have relied on elected leadership. In short, they have needed at least the possibility of voters caring about these issues to motivate political action. The capacity for that to happen as evenly as possible with the population of a district was upheld 8-0 by the Supreme Court on Monday in Evenwel v. Abbott.

This case was launched by the Project for Fair Representation, which previously played a role in an unsuccessful challenge to affirmative action and a fruitful dismantling of the electoral pre-clearance system. The racial dimensions of their work are deliberate and striking, and Evenwel was no exception. The Cato Institute (known for its own relationship with racist, colonialist, and antisemitic ideologies) published a rather flowery amicus curiae on behalf of the plaintiffs in Evenwel where they argued-

Once again this Court finds itself at the intersection of the VRA and the Fourteenth Amendment. The parties here are caught in the inevitable trap of (1) maintaining majority-minority districts under complex, overlapping standards and (2) administering electoral schemes that do little to advance racial equality while doing much to violate voter equality— the idea that each eligible voter’s vote should count equally. In the background of this conflict, there lurks a cacophony of precedent and oft-conflicting court administered standards that have arisen from Section 2 cases. Basic constitutional guarantees of equal protection inherent in the Fourteenth Amendment— such as OPOV—are getting lost in this thicket.

Avoiding racial discrimination under these circumstances is particularly difficult in jurisdictions where “total population” and “citizens of voting age population” (CVAP)—standard metrics for evaluating whether a district violates OPOV—diverge due to varied concentration of non-citizens. As with the tensions amicus Cato has described before, jurisdictions navigating between the VRA’s Scylla and the Constitution’s Charybdis are bound to wreck individual rights—here, voter equality—on judicial shoals.

The reality that redefining electoral districts across the country by either eligible or registered voters would cast aside representation for people ineligible to vote or unregistered (who are largely people of color) is only indirectly considered. It’s framed as an unfortunate cost needed to make each vote cast equally contested by candidates – a pipe dream as turnout can easily inflate a given voter’s power or swamp their decision in a sea of others’. These organizations, all too recently comfortable with the legal realities of Apartheid, were pushing for a milder version of the same multi-tiered political system, where there are people represented and people beneath consideration.

Perhaps most tellingly, the case here sought a structural response to the reality that millions of people are disenfranchised – while being incarcerated (and depending on the state, afterwards as well), for being undocumented or otherwise non-citizens, or from the inaccessibility of the voter registration system. Instead of asking why those people are beyond the pale of electoral participation and what could be changed about that, it treated their exclusion as an accepted given to be worked around.

Luckily the Supreme Court saw things differently, and as the NAACP’s Legal Defense Fund described it:

Upwards of 75 million children—13 million of whom are Black—not yet eligible to vote would have been counted out of the redistricting process had appellants prevailed. Indeed, appellants’ case threatened to take America’s redistricting process back to nefarious periods in our democracy similar to when Black people were counted as 3/5ths of a person for redistricting purposes and expressly excluded from the body politic.

The Court’s decision today vindicates the “one person, one vote” standard, which rightly takes into account Census-derived total population counts when apportioning voting districts. This standard has been applied universally for over 50 years by all 50 states and the thousands of localities within them. Moreover, this clear understanding of “one person, one vote” is already regarded as America’s “de facto national policy” in legislative redistricting, enjoying overwhelming, bipartisan support among state and local governments. Today’s decision reaffirms the guiding logic of this inclusive standard, which fosters access to electoral representation and constituent services for all people, regardless of race, sex, citizenship, economic status, or other characteristics, or whether a person chooses to or is able to vote.

That vision of participatory democracy is the engine that’s helping to drive these modest steps towards a fairer political and economic system. This newly post-Scalia Supreme Court has made clear that they favor that understanding of how this country could organize itself.

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Economic justice… for whom?

It’s one of the familiar just so stories about US politics that’s become crystal clear in recent decades. The Democrats want to maintain or even expand programs designed to provide economic resources and benefits to people with less. Republicans want to shrink or dismantle those types of programs. One party for workers, one party for the “1%”, so the story goes.

Even the candidates who look like exceptions – like Donald Trump with his promises to maintain social security and medicare – tend to ultimately reveal policy ideas that firmly locate them in the political party that they’ve already embraced (Trump, for example, thinks “wages [are] too high” – an implicit criticism of current minimum wage standards).

More interesting, I think, than those less easily categorized oddballs are the terms on which the debate between these two camps is being held. Economic redistribution and inequality are actually somewhat lofty, vague even, concepts. How to measure, to quantify them is an open question. The language tends to be like that in what I’ve linked above – a discussion focused on easily indexed numerical statistics: wages, entitlements, inflation, productivity, unionization.

That’s not a wrongheaded way of talking about who wins and who loses in the US economy, but it’s just one way of doing that. Unfortunately, it’s a way shaped by, and sometimes specifically for, articulating a particular group’s economic grievances. One of the easiest ways of seeing that is in terms of communities with large numbers of undocumented people – for whom income taxes are a murky territory and benefits exist in a similarly unclear limbo.

For largely Latin@ agrarian worker communities, how do you quantify being an exception to environmental regulations? For the far broader set of populations at risk of being targeted with detention or even deportation, how can that not be among other things an economic threat – both held over you by your boss and your landlord but also just ominously lurking outside your home, endangering everything you have.

2016-01-04_1015.pngLeft, 2012 chlorpyrifos use in the western US, from here. Right, a heatmap of Latin@s in the western US made using the 2010 census, from here.

The Bernie Sanders campaign has recently sought to highlight a difference between their candidate and Trump. Sanders is a meaningful, redistributive choice. Trump is manipulating some of those hoping for greater economic opportunity, without any intention to deliver on it. In order to prove that, the Sanders campaign has latched on to Trump’s comments on wages.

Why was that necessary? Trump has already spoken to a more wild set of economic policies designed to hoard resources for some. That’s one of the things inherent in his promise to deport millions of people. That is economic injustice, and it’s important to ask why it hasn’t been considered that by the largely non-Latin@ mainstream media or presented as that by the redistribution-centered campaign of Bernie Sanders.

Is the economic populism advanced by Sanders and tolerated within major media really for everyone? Whose concerns does it speak to? Whose concerns does it barely register?

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Say what you want to say

As I mentioned the last time I posted in – good lord – July, I’ve been reexamining a lot of aspects to how I put together articles here. At that time it was mostly about just how I drew on outside resources, specifically that I wanted to broaden my horizons in terms of what news sources I read, and as a result who shaped the meta-analysis that I tend to give here. Since then, I haven’t posted much because I’ve been a busy bee for other reasons, what with an internship at 429. That’s been a learning opportunity in a number of ways, but a key part of it has been changing how I look at the news cycle, and with that reexamining my writing tendencies and strategies.

On here (and even to some extent other places I write, even 429), there’s a driving sense to say something relevant. I can make decisions about what to talk about, but my choices should be comparatively narrowed to what other people are already talking about. Actually working in the media, not just doing what I do here, has taught me how nonsensical that is. Just take the example of the on-going detention crisis. You read that right, on-going. It might seem like the discussion on that is over, that presumably some sort of solution has been reached since the blanketing coverage from this summer has disappeared. The reality is, however, that the coverage of this issue has never reflected the reality on the ground.

The reality that many major news resources were late to the party in discussing minors being excessively and inhumanely detained was hinted at on shows run by some of the bigger names, such as MSNBC’s “All in with Chris Hayes” which acknowledged that other programs had long recognized that a refugee population had been created by instability in Central America. José Díaz-Balart, a dual MSNBC and Telemundo newscaster, was brought on to augment Hayes’ coverage, something of a nod to the face that many Latin@ news circuits had been discussing the militarized border and increasing reliance on detention systems for months if not years previously.

Since then, the Obama administration and a patchwork of legislators and administrators have cobbled together a family detention system, which attempts to create larger facilities, to at the very least not separate families within the process. Feminist media covered the ways in which these new systems have failed to recognize the often sexual violence many women and children were fleeing and even perpetuated those experience in new forms. Latin@ media likewise stayed atuned to the story. And even I covered some LGBT dimensions to it over at 429. One thing you’ll note about those articles other than mine is that they aren’t, like Chris Hayes’ segment, terribly reflective of prior coverage. Mine makes note of some of the last major news pieces that discussed the problem, while the other two almost exclusively focus on the policy on the ground, with media coverage having long since moved on to other topics.

news cycle
(“The News Cycle” – it doesn’t quite work like that.)

That’s not a fluke. What that’s a reflection of is how much major media’s focus is driven by other reporting, and how desperately necessary smaller and more “ideological” or “perspective-taking” reporters are to covering what’s happening in the world. As a news-watcher, you need to look for more creative and less responsive media as much as possible, and if you are a news-creator, you need to be very careful in what sources you draw from because some of them are already out of touch.

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