Journal of Hispanic Policy a Harvard Kennedy School Student Publication Cover Art: Bethany Adamski

Spring 2019 | Volume 31

Harvard Kennedy School Journal of Hispanic Policy A Harvard Kennedy School Student Publication Cover Art: Bethany Adamski

Copy Editor: Tracy Campbell

Layout & Design: Claire Torres

Copyright All views expressed in the Harvard Kennedy School Journal of Hispanic Policy are those of the authors and interviewees and do not represent the views of Harvard University, the John F. Kennedy School of Government at Harvard University, the editorial staff of the Harvard Kennedy School Journal of Hispanic Policy, the Executive Advisory Board of the Harvard Kennedy School Journal of Hispanic Policy, or any associates of the journal.

© 2019 by the President and Fellows of Harvard College. All rights reserved. Except as otherwise specifed, no article or portion herein is to be reproduced or adapted to other works without the expressed written consent of the editors of the Harvard Kennedy School Journal of Hispanic Policy. Harvard Kennedy School Journal of Hispanic Policy A Harvard Kennedy School Student Publication

Volume 31 Staff

Amanda Matos Co-Editor-in-Chief Leticia Rojas Co-Editor-in-Chief Bryan Cortes Executive Director Sara Agate Senior Editor Alberto Castellón Senior Editor & Policy Podcast Carlos Castellón Senior Editor Jazmine Garcia Delgadillo Senior Editor Kat Hemsing Senior Editor Sarai Osorio Senior Editor Denisse Rojas Senior Editor Paulani Cortez-Villas Policy Podcast Alberto Hernandez Policy Podcast Jessica Nuñez Policy Podcast Martha Foley Publisher Richard Parker Faculty Advisor

Recognition of Former Editors A special thank you to the former editors of the Myrna Pérez, 1996–97 Harvard Kennedy School Journal of Hispanic Eraina Ortega, 1998–99 Policy, whose legacy continues to be a source Nereyda Salinas, 1998–99 of inspiration for Latinx students Harvard-wide. Raúl Ruiz, 1999–2000 Maurilio León, 1999–2000 Henry A.J. Ramos, Founding Editor, 1984–86 Sandra M. Gallardo, 2000–01 Marlene M. Morales, 1986–87 Luis S. Hernandez Jr., 2000–01 Adolph P. Falcón, 1986–87 Karen Hakime Bhatia, 2001–02 Kimura Flores, 1987–88 Héctor G. Bladuell, 2001–02 Luis J. Martinez, 1988–89 Jimmy Gomez, 2002–03 Genoveva L. Arellano, 1989–90 Elena Chávez, 2003–04 David Moguel, 1989–90 Adrian J. Rodríguez, 2004–05 Carlo E. Porcelli, 1990–91 Edgar A. Morales, 2005–06 Laura F. Sainz, 1990–91 Maria C. Alvarado, 2006–07 Diana Tisnado, 1991–92 Tomás J. García, 2007–08 Daniel Luna, 1991–92 Emerita F. Torres, 2008–09 Alma Ayala, 1992–93 Gabriela M. Ventura, 2008–09 Lisa G. Baltazar, 1992–93 Adam J. Gonzales, 2009–10 Dale P. Johnson, 1993–94 Cris Garza, 2010–11 Eduardo Pérez, 1994 Joe Carreón, 2011–12 Claudia Jasin, 1994–95 Octavio González, 2012–13 Mark Fassold, 1995 Juan M. Salazar, 2013–14 Michael U. Villareal, 1995–96 Jeffrey Reynoso, 2015–16 Alex Rodriguez, 1995–96 Paul Ochoa, 2016–17 Irma Muñoz, 1996–97 Kristell Millán, 2017-2018 ii Harvard Kennedy School Journal of Hispanic Policy Executive Advisory Board

Gail M. Smith Daniel Garza Board Chair President, The Libre Initiative CEO and Publisher, Impacto Latino Dr. Gloria Bonilla Santiago Georgina C. Verdugo* Professor, Graduate Department of Public Consultant and Attorney at Law Policy and Administration Rutgers, The State University of New Jersey Hilda Polanco, CPA, CGMA, CCSA® Founder and CEO, FMA - Fiscal Juanita Irizarry* Management Associates, LLC Executive Director, Friends of the Parks

Grace Flores-Hughes* Alfredo Estrada^ Vice Chair, F&H 2 Inc. Owner, LATINO Magazine

Alejandra Campoverdi* Juan Salazar* Founder, The Well Woman Coalition Head of Local Policy and Community Engagement, Facebook Genoveva L. Arrellano* Principal, Arellano Associates Kenneth Burt* Political Director, California Federation of Sergio Levin Teachers Independent Advisor in Graduate Education Programs Margaret Lezcano Managing Director, UBS Inc. Nora de Hoyos Comstock, Ph.D. Founder and Board Member, Las Comadres Henry A. J. Ramos* para Las Americas Member Emeritus, HKS Journal of Hispanic Trustee, Austin Community College District Policy Executive Advisory Board

Jim R. Carr *Harvard Kennedy School alumni Former Chair, HKS Journal of Hispanic ^Harvard College alumnus Policy Executive Advisory Board

Volume 31 | 2019 iii Table of Contents

v Editors’ Note 45 Feature Abolishing the Toxic “Tough-on- vi Cover Art Immigration” Paradigm, Lasting Latinx (front) and SOL (back) Felipe Hernández Bethany Adamski 65 Feature 1 Commentary Open Borders: A Progressive A Path Forward for Arizona: Immigration Guide Star, Amending the In-State Tuition Policy Drew Heckman to Include Undocumented Students, Rodrigo Dorador 81 Interview Being Our Authentic Selves, An 9 Commentary Interview with Maria Hinojosa, Environmental Racism and Latino Leticia Rojas Farmworker Health in the San Joaquin Valley, California, 85 Commentary Magali Flores Núñez Latinas Are Equipped for the Cooperative Movement, 15 Commentary Kateri Gutiérrez The Guiding Hand of Counsel, Juan Rocha 89 Commentary Alexandria Ocasio-Cortez and Cardi 21 Feature B Jump through Hoops: Disrupting Examining Teachers’ Awareness of Respectability Politics When You Immigration Policy and Its Impact Are from the Bronx and Wear Hoops, on Attitudes toward Undocumented Amanda R. Matos Students in a Southern State, Sophia Rodriguez 94 A Note to Henry A. J. Ramos

iv Harvard Kennedy School Journal of Hispanic Policy Editors’ Note The year 2018 both started and ended with a contentious government shutdown over various aspects of US immigration policy, with Congress and the Presidency negotiating over who gets to beneft from legal status in this country—and who gets teargassed, separated from their family, and put into detention camps. While the focus of federal lawmakers turned to physical barriers along the US–Mexico border, Latinx community organizers and activists saw beyond this single policy issue, recognizing that policies produce ripple effects that impact our community in a variety of different ways. The theme of the 31st volume of the Harvard Kennedy School Journal of Hispanic Policy (HJHP) is “Behind the X: Intersectional Latinx Perspectives,” seeking to highlight the various ways in which policy impacts the Latinx community across our different intersecting identities. Each piece in this volume analyzes a different intersection of the Latinx community and policy, from environmental racism and Latino farmworker health in California’s Central Valley to the effects of respectability politics on Latina public fgures from Cardi B to Alexandria Ocasio-Cortez. In aiming to look “behind the x,” the articles featured offer a deeper analysis, for example, by examining how teachers’ awareness of immigration policy can impact outcomes for undocumented students in the public K–12 education system, bringing together immigration policy, undocumented youth, public school teachers, and educational outcomes. We are thrilled to uplift the voices of our community by featuring original research, commentary, and artwork related to Latinx policy, including an exclusive interview with award-winning Latina journalist and media executive Maria Hinojosa written by one of our Co-Editors-in-Chief, Leticia Rojas. Together, the work in the 31st volume captures some of the most pressing policy issues of the past year as experienced by the Latinx community, offering both critiques as well as a path forward. After celebrating our 30th volume as the longest-run student journal at the John F. Kennedy School of Government at Harvard University, JHP leadership refected on what is the most appropriate terminology to describe our ethnici- ties, races, and communities. We realized that there are diverging opinions on Hispanic, Latino/a, and Latinx. Representation matters, and because our communities are not monolithic, no term holistically captures everyone’s experiences. Our team recognizes the importance of gender inclusivity, affrming that gender identity is a spectrum, and that is why our theme intentionally uses “Latinx” as a gender-neutral version of “Latino/a” to describe policy and social issues. Our underlying value is self-determination for everyone to self-identify in a way that empowers themselves. In the 29th volume, our predecessors in 2017 wrote, “It is our frm belief that, in the diffcult work of naming the policy needs of our community, no singular term may ever be comprehensive enough for the complexity at hand.” We agree, and we look forward to continuing conversations with each other on what best captures our communities’ voices, whether you prefer Latinx, Latino, Hispanic, or your country of origin. We are thankful for the Executive Advisory Board members for their continued

Volume 31 | 2019 v dedication to the Journal Staff, and we would like to give a special thank you to Gail Smith, who succeeded Genoveva Arellano as Chair of the board. Both Genoveva and Gail have contributed so much to the sustainability and strength of the Journal. We would also like to thank Martha Foley, Assistant Director of Student Services, and Professor Richard Parker, our faculty advisor, for their guidance through the publishing process and their continued dedication to student-run policy journals. We would like to give a heartfelt thank you to our team. You all have poured your heart into this journal, whether as contributors, editors, or thought partners. We are sincerely grateful for your strength and dedication in serving Latinx and Hispanic communities. Lastly, thank you to our dedicated readers and to our communities. Many of our livelihoods are threatened by our political climate, but we have hope in our resilience and in each other. Please fnd more information about the Harvard Kennedy School Journal of Hispanic Policy on our website: http://hjhp.hkspublications.org/.

Pa’lante, Leticia Rojas & Amanda R. Matos Co-Editors-in-Chief, 2018–2019

Cover Artist Bethany Adamski

Bethany Nicoli (Adamski) has been a freelance artist for nearly ten years. Soon she will have a bachelor of science in art. Based in the Chicagoland area, Bethany has an unparal- leled versatility across many mediums. Her most recent creations explore the diversity of depth in video and flm, graphic design, three-dimensional art, and one of her favorites, special effects makeup. Her art appreciates the inspiration of whimsical characters reminisc- ing Japanese and Korean culture to more at-home heritage honors. Bethany brings the everyday pleasures and annoyances to life, from a paper cut gone wrong—think horror and gore—to melancholy with a twist. In her spare time, she also loves to teach and share her artistic joy with other professionals and youth. Her dream job is to become a professional flm and television director and special effects makeup artist with a focus on prosthetic design. Instagram: @bethanynicoliart

vi Harvard Kennedy School Journal of Hispanic Policy Title: Lasting Latinx (Front Cover)

Description: The strong reds represent the passion and love that la familia has for one another. A traditional calavera reminds us of our Latinidad. For some of us, it might invoke a tension of two or more worlds in an Americanized and fast-changing world. The white throughout represents inner peace that comes once we join our family members in the afterlife. Perhaps only then are we able to embrace our truest self sin vergüenza.

Volume 31 | 2019 vii Title: SOL (Back Cover)

Description: Traditionally, las calaveras are a representation of the dead in the Mexican celebration of the Día del los Muertos. In our nation’s current context, this piece draws on the conficting feelings we might have after the loss of a loved one or the loss of our brothers and sisters at the perilous borders decade after decade. It challenges us to celebrate their lives too because every life deserves a living memory. The internal and external celebrations of Día de los Muertos transcend borders and are detailed in the mix of light and dark colors: yellows, oranges, and blacks that complement the striking golds within la muerte.

viii Harvard Kennedy School Journal of Hispanic Policy Commentary A Path Forward for Arizona: Amending the In-State Tuition Policy to Include Undocumented Students

Rodrigo Dorador

In Arizona, 68 percent of jobs will require Amending the current in-state tuition policy at least an associate degree by 2020. How- is not straightforward. Even though tuition is ever, the Morrison Institute for Public Policy an issue in desperate need of a solution, it’s claims that Arizona’s policies and education a thorny issue. Some groups in Arizona view practices put the state “at risk of becoming a this as an issue about economics and fscal second-tier state, educationally and econom- viability, others argue that this is an issue of ically.”1 To counteract the trend, Governor belonging and immigration, others claim that Doug Ducey created the Achieve60AZ alli- it is an issue of electoral politics, and fnally, ance, a group of more than 60 community, others see it as an education issue. The truth business, philanthropic, and education orga- is that this is a complex issue. This paper nizations that seek to increase the number of argues that in-state tuition is frst and foremost Arizonans earning a job certifcation or degree an education and economics issue and that from 42 percent to 60 percent by 2030.2 De- solving this issue will help Arizona reach the spite these efforts, more than 105,000 Arizona Achieve60AZ goal by 2030 and keep the state high school students and graduates are denied economically competitive. One of the most access to affordable tuition rates, thwarting important places to start, with any issue, is their ability and will to work toward obtaining understanding the extent of the issue. a degree from a higher education institution solely because they lack lawful immigration Population Impacted status.3 From a public-policy perspective, Ar- In 2012, Barack Obama, upon pressure izona is losing out on the talent of thousands from immigrant activist groups, enacted of students who could help Arizona meet the the Deferred Action for Childhood Arrivals Achieve60AZ goal and help create a more (DACA) program through an executive order. prosperous economy. The current policy, ARS DACA allows some individuals who were 15-1803, bans anyone without a lawful status brought to the United States as children be- from receiving in-state tuition rates. In April fore 2007 to receive a renewable two-year 2018, the Arizona Supreme Court ruled that period of deferred action from deportation DACA benefciaries are banned from in-state and become eligible for a work permit in tuition rates. the United States. In Arizona, the Migration

Volume 31 | 2019 1 Policy Institute (MPI) estimates that there and potentials, and the estimates of undocu- are more than 52,000 undocumented youth mented youth who do not qualify for DACA, who are eligible for the program. According there are a total of 105,000 youth, students, to statistics from US Citizenship and and high school graduates who are affected by Immigration Services (USCIS), there are the in-state tuition policy, ARS 15-1803. currently more than 28,000 DACA benefcia- Yet, most policy advocates, journalists, ries in Arizona.4 In 2017, President Donald and education leaders have been mainly con- Trump attempted to end the DACA program cerned with the 2,000 DACA students that are entirely, but a court order allowed current currently enrolled in higher education institu- benefciaries to renew their work permits until tions like the Maricopa Community Colleges a fnal decision is reached on the case. New or the three public state universities. The in- applications for DACA are not currently per- state tuition issue is much bigger than 2,000 mitted. So many young students that were students who are currently enrolled.6 There waiting to meet program requirements are are thousands of students in high school who now unable to apply for DACA. If DACA is will be affected by ARS 15-1803 when they reinstated as a result of court proceedings, MPI graduate and seek enrollment in a college estimates that 6,000 youth would be eligible or university. This population can play an to apply for DACA upon turning 15 and that important part in achieving Arizona’s educa- another 11,000 youth would be eligible to ap- tional and economic potential, if the right pol- ply upon completing their GED. According to icies are put in place. MPI estimates, there were about 7,000 DACA- eligible youth who did not apply for the pro- Policy Background gram. In terms of the DACA population, there At its core, ARS 15-1803, the in-state tuition are about 52,000 students who are affected by ban, is about economics. Dean Martin, the the DACA immigration policy. There are also state senator who sponsored the law in 2006, more than 11,000 undocumented youth under claimed that immigrants were draining state the age of 16 and 42,000 undocumented youth resources. He reasoned that US citizens could ages 17–34 who did not qualify for DACA be- repay the in-state tuition subsidy when they cause they came to the US after 2007.5 In total, entered the workforce as college graduates there are 53,000 undocumented youth under through higher income taxes. He claimed that the age of 34 who are not eligible for DACA. because undocumented students were ineligi- Combining the 52,000 DACA benefciaries ble for work, they could not repay the subsidy.

Table 1. Population Estimates: Undocumented and DACA-Eligible Youth in Arizona

Type of DACA Total Youth (<34 Undocumented Student years of age) Youth*

Age Eligible <16 years Need Total DACA and Undocumented (approved) old GED Undocumented Youth <16 0 6,000 0 6,000 17,000 11,000 years >17 35,000 0 11,000 46,000 88,000 42,000 years (28,000) TOTAL 35,000 6,000 11,000 52,000 105,000 53,000

*Subtract Total DACA students from Total Youth

2 Harvard Kennedy School Journal of Hispanic Policy Opponents of ARS 15-1803 claimed that the right to work is an immigration issue, not an the law was misguided. For one, it would leave educational one. And immigration policy with a substantial number of Arizona’s high school regard to work eligibility is under the purview of graduates without a future. It was unfair to the federal government, not the state. However, hamper their ability to become college grad- the state does have the ability to set educational uates in the only place they knew as home. policy regarding tuition eligibility. In fact, states Someday, these students could become US like Texas, California, New Jersey, and many citizens. Opponents of the tuition ban rec- others have enacted legislation that enables ognized that Arizona’s future depended on DACA and undocumented youth who gradu- an educated population. They argued that in ate from a local high school to access in-state the era of the information economy and glo- tuition. These states recognize the economic balization, education is the economic engine beneft of investing in all of their high school of the future. As Arizona’s children become graduates, without regard to their immigration more knowledgeable and skilled, they become status. This paper argues (1) that the economic more productive, they build new businesses, investments already in place encourage DACA and they attract more businesses to Arizona. and undocumented students to excel in school Therefore, subsidizing college tuition bene- and (2) that the economic benefts of providing fts the state. Denying some students access in-state tuition to this population will increase to college was the same thing as condemning economic activity. Arizona to a less prosperous future. Investment in Early Education From 2015 to 2018, the Maricopa First, there is the 1982 US Supreme Court Community Colleges accepted work permits (SCOTUS) decision in Plyler v. Doe. The issued under DACA as proof of residency court was deciding whether or not a public el- for tuition purposes and began to grant ementary school district in Texas could charge students access to in-state tuition. As the oppo- tuition for undocumented students to enroll. nents of the ban correctly predicted, students The district was charging a tuition rate that was eventually earned the right to work, and as prohibitive, and so they earned their degrees, they were able to the court noted that, under current become taxpayers and pay back the subsidy. laws and practices, ‘the [undocumented Unfortunately, in 2018, the Arizona Supreme person] of today may well be the legal Court ruled that work permits issued under [person] of tomorrow,’ and that, with- DACA were not valid proof of residency, and out an education, these undocumented DACA benefciaries lost access to in-state tu- children, “Already disadvantaged as a ition. The fact that DACA students have the result of poverty, and undeniable racial right to work but are not eligible for in-state prejudices, . . . will become permanently tuition does not make economic sense. locked into the lowest socio-economic Dean Martin was wrong to ban undocu- class.”7 mented students from in-state tuition because The court decided to grant undocumented they eventually earned the right to work and youth the right to a free K–12 education be- contribute to the economy. Worth noting here cause they reasoned that the benefts of ed- is his failure to separate immigration policy ucating students far outweighed the costs of from education policy. Education policy should condemning them to a low class. This deci- increase access to higher education for all sion marked the offcial inclusion of undoc- capable high school graduates, especially if they umented students into the US education will eventually earn the right to contribute to system. Since then, the US has invested in the the economy. Whether or not students will earn education of undocumented immigrants at

Volume 31 | 2019 3 public K–12 schools. Every year, about 65,000 given their ability to work. ScholarshipsA-Z undocumented students graduate from high estimates that providing in-state tuition to the schools throughout the US.8 But only about DACA-eligible population would increase 10 percent of those students enroll in higher overall economic activity by $5.5 billion (21 education institutions.9 The Plyler v. Doe deci- percent increase) and increase federal and sion did not extend educational benefts to state tax revenues by $2 billion (27 percent in- students pursuing higher education. SCOTUS crease) over the course of students’ lifetimes.11 did not want to interfere with the state’s right From a purely economic perspective, it to set their own laws, so it allowed the states is benefcial to support DACA students and to decide their higher education policies. undocumented students as well. Even though Because Arizona does not provide in-state undocumented students are not currently tuition benefts to undocumented students, eligible to work, federal immigration policy thousands of high school graduates cannot could shift in the coming years, providing afford to continue their education beyond access to work and citizenship to the 105,000 high school. Arizona invests around $6,000 undocumented and DACA-eligible youth per pupil per year (or about $102 million per who are under thirty-four years of age. Arizona year) in the early education of undocumented cannot get a return on its investment from and DACA students.10 But once these talented undereducated people. Investing in all of students are ready to pursue higher education Arizona’s high school graduates, regardless of to increase their contribution to society, that their federal immigration stays is one of the state disincentivizes them from enrolling in ways that Arizona can achieve a more prosper- higher education. ous future. Since education policy is under the Economic Benefts purview of the state, Arizona legislators and the The state is losing out on the talents of thou- electorate can make the difference in helping sands of qualifed students. And it is fail- the state reach the Achieve60AZ goals. ing to maximize the investment that state has made in the early education of these A Path Forward students. ScholarshipsA-Z, an Arizona non- This paper recommends that the in-state tu- proft supporting undocumented students to ition policy be amended to maximize the access higher education, studied the economic economic contribution of undocumented benefts from providing access to in-state and DACA youth. The policy should permit tuition for the 52,000 DACA population, any student who has attended an accredited

Figure 1. Potential Lifetime Earnings of Students Affected by ARS 15-1803 Lifetime amounts reported in nominal values (growth rate = 3.5%).

$40B $5,532,587,707 $30B Boost Base Contribution $20B

$1,980,660,978 $10B

$0B

4 Harvard Kennedy School Journal of Hispanic Policy Arizona high school for two or more years, has makes this issue very polarizing (see Figure 2). graduated from high school or received their A 2010 study authored by Edward Vargas that GED, and enrolls in a public Arizona commu- was printed in this journal, found that when nity college or university to receive the beneft a state’s Latinx and undocumented popula- of in-state tuition. In addition, students should sign an affdavit stating that they have DACA Figure 2. The Story behind Proposition 300 or will adjust their immigration status in Prop. 300 passed into law at a time when order to be able to work legally as soon as they when xenophobic attitudes were pervasive. are able to do so. In addition, to support any Politicians were using immigrants as political students who may have been disincentivized scapegoats to mobilize their base. In this moment, Arizona legislators created Prop. from fnishing their high school education due 300 as a way to institutionalize the anti- to restrictive in-state tuition policies, a policy immigrant fervor that was sweeping the should be crafted to enable any person that nation. In this burst, legislators like Russell has resided in Arizona for two years or more Pearce, who would go on to write SB 1070, to access free GED classes that enable them were emboldened to create a package of laws to continue on to college and toward applying that made life more diffcult for immigrants. for DACA or any other immigration remedy to The proposition prohibited undocumented adjust their status.12 parents from seeking public benefts for The Process their children who were citizens, it prohibited Amending the current in-state tuition policy is undocumented immigrants from accessing not straightforward. ARS 15-1803 became law adult education certifcates, and it banned undocumented high school graduates from as part of Proposition 300, and as such, it is accessing in-state tuition and state-based a voter-protected statute. This means that to fnancial aid. Interestingly enough, Prop. 300 amend ARS 15-1803, the issue would have to also established the department of adult be put up to another referendum in the 2020 education. The 2006 legislature referred the election or a bill would need to pass in the package of laws to the ballot as Proposition legislature by a three-quarters majority, which 300, and it passed with 70 percent of the vote. is highly unlikely given the current political The message was very clear: Immigrants do climate. There are two ways to include an not belong in Arizona. amendment to in-state tuition on the 2020 ballot. Option one requires gathering 237,645 tions increase, the odds that a state will ban signatures before June 2020.13 This is a mas- in-state tuition for undocumented students in- sive undertaking that requires signifcant vol- creases.14 This might sound counterintuitive, unteer and staff capacity. The other way to put but it makes sense. One could argue that an the issue on the ballot is for the legislature to increase in the Latinx population should in- refer a bill to the ballot by a simple majority, crease the probability that an in-state tuition which is the way that Dean Martin placed the ban is amended, but that is not necessarily issue on the ballot in 2006. true if the number of non-Latinx voters is Amending in-state tuition requires a vote higher than the number of Latinx voters. As by the public, and thus, the process becomes the Latinx and undocumented populations somewhat of a public relations battle that increase, voters may be more likely to vote requires a tactful approach. As mentioned for laws that are framed as anti-immigrant before, this issue is multifaceted and touches or anti-Latinx because they perceive that on issues of demographics, electoral politics, their culture is being attacked or that their and immigration. Because in-state tuition electoral power is decreasing. So framing an was passed as part of Proposition 300, it also issue around immigration and identity could

Volume 31 | 2019 5 be polarizing and could ultimately backfre (see Figure 3). Figure 3. The Increase in the Latinx Population Is Not Framing Necessarily a Slam Dunk for Liberals This paper recommends that If we suppose that in-state tuition is a liberal issue, then legislators and advocates do not the voting patterns of Latinxs do not necessarily prove that attempt to repeal Proposition 300 higher Latinx voters will lead to more liberal policies or politicians. Take as evidence the 2018 general election. as a whole, because it could be When looking at electoral politics by race and party, Latinxs perceived as an issue regarding were more likely to vote Democrat, and their electoral immigration and identity and thus power showed, but their might was not all powerful. be very polarizing. Instead, advo- Latinxs helped Kyrsten Sinema squeeze out a win against cacy should focus on dismantling Martha McSally. At the same time, more Latinxs voted for the prohibitive policies piece by Governor Doug Ducey, who ultimately won the race. This piece. For this reason, this paper can be seen in Figure 4, where 44 percent of Latinxs voted recommends that the issue over for the Republican gubernatorial candidate, but only in-state tuition be framed explic- 31 percent voted for McSally. This means that about 13 15 itly and solely as an education percent of Latinxs voted Sinema–Ducey . So the issue and be placed on the ballot supposition that Latinxs always vote liberal is not true, and the supposition that more Latinxs will lead to more liberal as a stand-alone issue. Framing the policies and politicians is also not true. issue as an education policy also For the purposes of in-state tuition, a relevant metric improves the chances that the bill to understand the odds that a referendum will pass in passes because it avoids identity 2020 is the composition of the state congress. Although politics, places responsibility to there are more Latinxs in the state since 2006, when act on the state government, and Prop. 300 was passed, the 2018 state senate and house can bring key stakeholders into the are controlled by Republicans. Although the Latinx vote discussion. narrowed the Republican house advantage to two votes, Avoiding identity politics is not the senate remains frmly in the hands of Republicans. to say that they are not important but that a winning messaging strategy accounts gration system. Advocates should focus their for the increased likelihood that messaging messaging on the educational and economic around immigration and identity is not with- factors that make in-state tuition policy a out risk (see Figure 3). Like in 2006, when beneft for the state. Proposition 300 was originally passed, the Finally, there are several statewide stake- United States is undergoing another anti-im- holders that advocate for increased access to migrant wave that could polarize voters. As college education. While these organizations the 2020 presidential election approaches, the might not have a specifc position on access issue can become more polarizing than has for undocumented youth, they already under- been seen in the past. stand the beneft of an educated workforce In addition, as the paper argued before, and could be key allies for infuencing pub- immigration policy is under the purview of lic opinion because of their large networks. the federal government. So discussing im- There are organizations like the Arizona migration as part of a state initiative is futile. Chamber of Commerce and Industry, the But in-state tuition issue does fall under the Achieve60AZ Alliance, Expect More Arizona, purview of state education policy. The state ScholarshipsA-Z, the Arizona Dream Act has the power to change the education pol- Coalition, Aliento, Undocumented Students icy to include immigrants, even if the federal for Education Equity, and the Arizona government has not fxed the broken immi- Students’ Association that advocate for college

6 Harvard Kennedy School Journal of Hispanic Policy How Hispanics voted in key races for U.S. Senate and governor in 2018 % of Hispanics who say they voted for the ______candidate

Democratic Republican

Texas Senate 64 35 Governor 53 42

Florida Senate 54 45 Governor 54 44

Nevada Senate 67 30 Governor 66 29

Arizona Senate 69 31 Governor 55 44

Source: Based on exit polls conducted by Edison Research for the National Election Pool, as reported by CNN, accessed Nov. 9, 2018

Pew Research Center

Figure 4. Latinx Vote in Arizona’s Midterm Election16 access. As not all organizations may agree with provided with some support to enroll in col- this paper’s recommendations, this paper sug- lege. This paper recommends a path forward gests that the legislature create a public forum for successfully increasing access to college where stakeholders, like the ones mentioned for undocumented youth so that they can be above, can discuss how to approach amend- included and can contribute to the vision of a ing the in-state tuition policy and take part in more prosperous Arizona. crafting strategy and messaging to create more access to college.

Conclusion The Arizona governor and many key stakeholders like the Achieve60AZ Alliance have made a commitment to steward Arizona toward a more prosperous future through inclusive education policy. But the future they have conceived does not include the more than 105,000 undocumented and DACA students who could be condemned to a less-than-prosperous future if they are not

Volume 31 | 2019 7 AZCentral, 24 September 2018, https://www.azcentral. Author Bio com/story/news/politics/arizona-education/2018/09/24/ Rodrigo Dorador serves as a board member for arizona-tuition-ruling-big-drop-dreamers-community- colleges/1374502002/. ScholarshipsA-Z, an Arizona nonproft that 7 Plyler v. Doe, 457 U.S. 202 (1982). supports undocumented students to attend 8 US Department of Education, “Resource Guide: college. In his early career, Rodrigo helped the Supporting Undocumented Youth.” ed.gov. 20 October state of California implement the CA Dream 2015, [PDF fle] https://www2.ed.gov/about/overview/ Act. He is currently pursuing an MPA/ID at focus/supporting-undocumented-youth.pdf 9 Resource Guide: Supporting Undocumented Youth, the John F. Kennedy School of Government US Department of Education, 20 October 2015 [PDF at Harvard University. He is a US Latinx fle]. Leadership Fellow at Harvard’s Center for 10 Edward D. Vargas, “In-State Tuition Policies for Public Leadership. Twitter: @rodorador7 Undocumented Youth,” Harvard Journal of Hispanic Policy 23 (2010): 43–58. 11 Matt Matera, Rodrigo Dorador, and Esther Wang, “Great for our Community & Economy: In-state Residency Tuition for DACA students in Arizona,” ScholarshipsA-Z, June 2017. 12 The statute should be amended to allow students who are made eligible for in-state tuition to be exempt from statues created by HB 2008 (ARS 1-501 and ARS 1-502). 13 “Initiative, Referendum And Recall,” Arizona Secretary of States, https://azsos.gov/elections/ initiative-referendum-and-recall. 14 Vargas, “In-State Tuition Policies for Undocumented Youth.” 15 Jens Manuel Krogstad, Antonio Flores, and Mark Hugo Lopez, “Key takeaways about Latino Endnotes voters in the 2018 midterm elections,” Pew 1 Paul Perrault, The Case for Accelerating Student Research Center, 9 November 2018, http:// Success in Arizona, Helios Education Foundation, July www.pewresearch.org/fact-tank/2018/11/09/ 2016 [PDF fle]. how-latinos-voted-in-2018-midterms/. 2 “ACHIEVE60AZ Launched,” College 16 Krogstad, Flores, and Lopez, “Key takeaways about Success Arizona, 16 September 2016, https:// Latino voters in the 2018 midterm elections.” collegesuccessarizona.org/achieve60az-launched/. 3 “Deferred Action for Childhood Arrivals (DACA) Data Tools,” Migration Policy Institute (MPI), 2018, https://www.migrationpolicy.org/programs/data-hub/ deferred-action-childhood-arrivals-daca-profles. 4 “Number of Form I-821D, Consideration of Deferred Action for Childhood Arrivals, by Fiscal Year, Quarter, Intake and Case Status Fiscal Year 2012-2018 (September 30, 2018),” United States Citizenship and Immigration Services (USCIS), September 2018, https://www.uscis.gov/sites/default/fles/USCIS/ Resources/Reports%20and%20Studies/Immigration%20 Forms%20Data/All%20Form%20Types/DACA/daca_ performance_data_fy2018_qtr4.pdf. 5 “Profle of the Unauthorized Population: Arizona,” MPI, 2016, https://www.migrationpolicy.org/data/ unauthorized-immigrant-population/state/AZ. 6 Rachel Leingang, “Big drop in ‘dreamers’ enrolled at Maricopa Community Colleges after tuition ruling,”

8 Harvard Kennedy School Journal of Hispanic Policy Commentary Environmental Racism and Latino Farmworker Health in the San Joaquin Valley, California

Magali Flores Núñez

Poor working-class Latinos are dying from Background pollution due to environmental racism. Racialization of the poor, agricultural, working Latinos in California are more likely to live class in the Central Valley has been a 70-year and work in areas that have higher concen- process. The San Joaquin Valley in California trations of pollutants and are more likely is one of the most fertile regions in the world. to be exposed to harmful chemicals for Located in the middle of two mountain ranges, longer periods of time. Public health research the San Joaquin Valley produces more fruits, indicates that environmental contaminants vegetables, and livestock than any other state like particulate matter, nitrogen oxides, or- in the United States and has a steady annual ganochlorine compounds, organophosphate, sales total of about $25 billion.3,4 In the United polychlorinated biphenyls, fame retardants, States, 88 percent of farmworkers are Latino.5 lead, and mercury are directly linked to higher This high-producing, high-earning food incidences of cancer, asthma, and heart dis- supply chain is also home to some of the ease.1 Public health experts have made strides highest concentrations of environmental toxins by moving past what Link and Phelan call, in the state, including some of the worst water “an emphasis on individually-based risk fac- contamination scores in the United States.6 tors” to a more contextualized analysis of the Historical Snapshot: California’s root causes of risk factors and the effect that Environmental Health people of color experience as a consequence During World War II, UC Davis and UC of discriminatory practices on the environ- Berkeley introduced new technologies (fertil- ment that their communities are situated in.2 izers, pesticides, GMOs, advances in mechani- This paper will focus on one example of en- zation) that promised to increase agricultural vironmental racism, the San Joaquin Valley yields.7 For California growers and policy in California, and contextualize this example makers, who were mainly White Americans, within environmental health literature. The new technology became an economic-growth paper concludes with recommendations for opportunity. In order to maximize this eco- a comprehensive intervention aimed at miti- nomic potential, the natural landscape had to gating the effects of environmental racism in be altered to suit the new machinery. the San Joaquin Valley. From 1946 to 1955, California lived “the

Volume 31 | 2019 9 second American agricultural revolution,” contracted workers from Mexico to do short- which required an intensifcation of land term agricultural labor.14 Although the legal and water use. State policy initiatives like agreement guaranteed a minimum wage of 30 the Central Valley Project and the State cents per hour and humane treatment, work- Water Project created one of the largest ers were discriminated against, underpaid, and water transport systems in the world. Water subjected to poor living conditions. from Lake Shasta, the Feather River, and the Farm owners used braceros as scapegoats Sacramento–San Joaquin River Delta was, when existing farmworkers demanded fair and still is, diverted through canals and levees, wages.15 Instead of increasing everyone’s dams, and aqueducts to irrigate America’s wages, farm owners only negotiated with exist- produce basket.8,9 ing farmworkers, leaving braceros with scant The California Land and Conservation income. As braceros’ contracts ended, many Act of 1965 guarded agricultural land from of them continued to work for farm owners. being urbanized by providing compensation The “wetback situation” caused public and to farmers in exchange for giving up the right political outrage, and in June 1954, the US to develop for at least ten years.10 A reaction Immigration and Naturalization Service (INS) to rapid population growth and urbanization, began Operation Wetback to remove 1.1 mil- this land-use policy helped finance the lion Mexicans who were considered illegal.16 agricultural boom in California. Many of those removed were US citizens. Over the years, water transportation to While this Mexican worker “cleansing” the valley caused environmental devastation. was going on, growers in the valley reaped the Every day, this massive water transportation benefts of the braceros’ hard work. California project brings the equivalent of forty railroad became the largest producer of fruits, vegeta- cars flled with salt, which collects at the bles, and nuts in the nation.17 water table, contaminating plant life, and the In a timeline delineating agriculture groundwater aquifer.11,12 In addition, one of growth, the editors of California Agriculture the effects of intense crop and animal farming note that “although braceros accounted for has been the development of chemical- only 30% of the total seasonal work force in resistant pests and bacteria. These pests and California in the peak year 1959, they con- bacteria seriously harm crop yields and pro- tributed more than 80% of the labor for the vide a health threat to animals and humans. tomato harvest.”18 Aside from the antibiotic-resistant bacteria, The tomato crop was not the only crop waste from cows produces large amounts of production that the braceros helped increase. methane and cesspools, which contribute to The accessibility of cheap labor that the bra- the runoff that contaminates the water and ceros brought was pivotal to the growth of this air. In a vicious cycle, the poor health of this multi-billion dollar industry and to California’s environment has also contributed to global economic prosperity. However, research shows climate change—another factor exacerbating that accessibility of this cheap source of labor negative effects on the ecosystem.13 also caused overall farmworker wages to stag- Historical Snapshot: Latino Workers’ Health nate. While farmworkers earned $0.85 an hour In addition to signifcantly restructuring the in 1950 and $1.20 in 1960, a 41 percent in- natural landscape, growers and policy makers crease, factory workers earned $1.60 an hour in needed to prepare for the anticipated eco- 1950 and $2.60 in 1960, a 63 percent increase.19 nomic growth by accounting for more labor Even today this disparity exists; the median hands. In 1942, the United States initiated the earnings per year for a farmworker are between Bracero Program, which recruited 4.6 million $10,000 and $12,499 with little to no benefts.20

10 Harvard Kennedy School Journal of Hispanic Policy In the last 70 years, amid activists led by indicators: ozone levels, diesel particulate Cesar Chavez and Dolores Huerta, the Latino matter, PM2.5, drinking water contaminants, farmworkers’ physical and fnancial health has pesticide use, toxic chemicals from facilities, not signifcantly improved. Instead, Latinos and traffc density. It also captures six envi- living in the highest-producing cities like ronmental effect indicators: clean-up sites, Fresno, Modesto, and Bakersfeld have the groundwater threats, hazardous waste, im- highest rates of poverty in the United States.21 In paired bodies of water, and solid-waste sites. For fact, the Central Valley was found to be poorer the counties that make up the Central Valley— than Appalachia.22 The sustained economic San Joaquin, Kings, Stanislaus, Merced, Kern, growth of the Central Valley has been main- and Fresno—all of them ranked in the highest tained on the exploitation of both the natural percentiles (71–100 percent), signaling high resources and of Latino farmworkers, and yet, rates of all pollution indicators measured. An both are living the negative health effects of this analysis of the CalEnviroScreen scores in the government- and farm owner–led system. context of race, ethnicity, and age highlights that Latinos and African Americans dispropor- Present-Day Environmental Health of tionately reside in communities that are highly Latinos in the Central Valley impacted by pollution exposures. Disparities Environmental health literature suggests that seen for Latino and African American children indicators of race have a stronger association under the age of ten are also prominent. This to environmental exposures than indicators of analysis also listed all major cities in the San poverty. Environmental health literature de- Joaquin Valley as holding some of the highest scribes concentrated and long-term exposure density of non-White or Latino populations, to environmental toxins as largely associated all composing of at least 38.9 percent within with negative health outcomes. A 2018 their demographics. A broader examination report by the Hispanics in Philanthropy quotes of data shows that one in three Latinos living a health equity leader, “Stockton has one of in California live in the top 20 percent census the highest levels of toxic air issues which were tracts carrying California’s pollution burden. created by design to keep factories and other The fraction of African Americans was also 1 pollutants situated in communities of color.”23 in 3, compared to 1 in 7 for Native Americans, The occurrence that this leader is describing 1 in 8 for Asians, 1 in 9 for other/multirace, is one that a recent study by the National and 1 in 14 for Whites. Center for Environmental Assessment also As CalEnviroScreen scores indicate, highlights; regulations and business decisions Latinos living in the Central Valley are that increase the magnitude of pollution are exposed to multiple pollutants and environ- strongly dependent on whether communities mental health hazards. All of these hazards of color are present.24 Stockton’s less-stringent are associated with poor health outcomes. For regulations and enforcement attract more fac- example, prolonged exposure to particulate tories, thereby increasing the amount of toxins matter, which comes from automobile fumes, the community is exposed to. This is a result smog, soot, oil smoke, ash, and construction of communities of color having less political dust, was identifed to be a carcinogen and a power to stand against these polluters. contributor to several lung conditions, heart The CalEnviroScreen scores, created by attacks, and premature death.26 In addition, the the Offce of Environmental Health Hazard Environmental Protection Agency (EPA) has Assessment, measure “pollution and the poten- connected high particulate matter presence to tial vulnerability of a population to the effects prevalence of asthma, low birth weights, and of pollution.”25 The scores capture six exposure high blood pressure.27

Volume 31 | 2019 11 The rise in birth defects seen in Kettleman in the Central Valley, is necessary for Latino City exemplifes the harm that environmental communities to survive. contaminants have on Latinos living in the A community-based policy action plan Central Valley. In 2009, Kettleman City envi- includes building on existing evidence-based ronmental justice advocates fled a statement environmental health interventions, like the inculpating Waste Management, Inc. for a rise Center for the Health Assessment of Mothers in birth defects.28 With a population of 1,439 and Children of Salinas (CHAMACOS) and primarily foreign-born rural farmworkers, resi- Farmworker Intervention studies, focused on dents experienced 14 cases related to cleft lip, Latinos living in the Central Valley. The in- infant mortality, and developmental defects.29 tervention should utilize existing research Along with a 96.1 percent Latino demographic and pesticide exposure prevention trainings makeup, 43.9 percent of families live under from the California Department of Education the national poverty line. This region is also migrant education program to bring considered unincorporated, meaning they do together mothers living in Kettleman City not have a formal local government structure, and help them mobilize for policy action on and political decisions defer to Kings County the community and state levels. The target government. audience for this group of mothers should The community still struggles to obtain be the Kings County Board of Supervisors proper representation. After hearing of the and California State Representatives for this declarations, then-governor Jerry Brown man- region. The stakeholders involved should in- dated the California Department of Public clude community organizations, academic Health to investigate the issue. Although EPA institutions researching environmental health reports documented 16 spills of hazardous among Latinos in the Central Valley, policy waste from 2002 to 2003 and the state inves- makers, community members, and the tigation on the issue found high rates of en- Mexican consulate. Although the policy ac- vironmental hazards, they did not fnd any tion group of mothers will decide on their own substantiated evidence that would point to policy agenda, they should be connected to the waste facility being a source of the birth existing advocates in California working on defects.30 programs to improve the built environment. Built environment initiatives include creat- Proposed Intervention ing recreational parks and mixed-use public Having multiple sources of pollution, like spaces, reducing pesticide use, and designing Kettleman City, makes source mapping health-promoting buildings. diffcult, which would provide data-driven evidence for policy makers to reduce pollution Conclusion in targeted neighborhoods. Regardless of this One of the most important health equity barrier, creating scientifc-based interventions issues impacting Latinos in California is that to reduce the effects of environmental racism of concentrated and prolonged exposure to is urgent. Methodology for these interventions environmental toxins such as pesticides, air should focus less on the connections between pollution, water contamination, and dan- environmental exposures and single diseases gerous chemicals.31 Examples like the San and focus more on targeting the multiple Joaquin Valley in California demonstrate mechanisms that shape social factors, which how historic structural inequalities based on facilitate exposure. Given the high exposures race drive the social determinants of health, to pollutants and poverty levels, a policy inter- including environmental pollutant exposures, vention in Kettleman City, among other areas and, consequentially, drastically shape health

12 Harvard Kennedy School Journal of Hispanic Policy outcomes. The exploitation and manipulation inform institutional change as a staffer for a of natural resources were a pivotal part of the councilmember and later on as an advocate racialization process of food production in in children’s policy. California. Interventions looking to address Magali is a graduate of the University of issues of environmental racism in the San California, Berkeley, where she earned a BA Joaquin Valley must also consider the health in ethnic studies and a BS in society and en- of the environment that is part of the food- vironment. Currently, she is working on her production ecosystem. Public health research Master of Public Health. At the Harvard Chan must continue to develop an evidence base for School, Magali is a leader with the Women environmental racism. As NewKirk asserts: of Color Collective and the Latinx Students “The idea of environmental racism is, in Public Health. When she is not organizing like all mentions of racism in America, for low-income communities of color, Magali controversial. Even in the age of climate enjoys hosting dinner parties, gardening, run- change, many people still view the en- ning through beautiful Boston, and diving vironment mostly as a set of forces of deep into philosophical debates. nature, one that cannot favor or disfavor one group or another. And even those who recognize that the human sphere of infuence shapes almost every molecule of the places in which humans live, from the climate to the weather to the air they breathe, are often loathe to concede that racism is a factor.”

Author Bio Magali Flores Núñez is a frst-generation Xicana, daughter of Mexican immigrants, granddaughter of farmworkers, and sister to four. She was born and raised in the East San Fernando Valley and will proudly proclaim herself as a valley girl. Her passion for racial, gender, and health justice issues began when she was a student and community organizer in the Bay Area eight years ago, where she worked with students, labor unions, and community organizations. She led multiple campaigns, workshops, and demonstrations focused on gender, economic, and educational empowerment. After moving back to the San Fernando Valley, Magali worked on connecting low-income, immigrant families to direct health services. She did this work through community outreach and program development. When the opportunity arose, she decided to use her community organizing skills and public health experience to

Volume 31 | 2019 13 Equity in California: Facing Disparities and Building Endnotes for the Future (Hispanics in Philanthropy and the 1 Jeanne Leffers et al., eds., Environmental Health in University of California - San Francisco, 2018) [PDF Nursing (Mount Rainier, MD: Alliance of Nurses for fle]. 24 Healthy Environments, 2016). Vann R. Newkirk, II, “Environmental Racism Is 2 Bruce G. Link and Jo Phelan, “Social Conditions As Real, According to Trump’s EPA,” The Atlantic, 28 Fundamental Causes of Disease,” Journal of Health and February 2018, https://www.theatlantic.com/politics/ Social Behavior, extra issue (1995): 80–94. archive/2018/02/the-trump-administration-fnds-that- 3 Richard Mines, “Data on Crops, Employment and environmental-racism-is-real/554315/. 25 Farmworker Demographics: A Resource for California Offce of Environmental Health Hazard, “Analysis of Rural Legal Assistance,” University of California Davis, Race/Ethnicity, Age, and CalEnviroScreen 3.0 Scores.” 26 February 2006, [PDF fle]. Newkirk, “Environmental Racism Is Real.” 27 4 Jacques Leslie, “How Gross Is My Valley,” The New Newkirk, “Environmental Racism Is Real.” 28 Republic, 30 June 2010, https://newrepublic.com/ Shruti Patrachari, “Disposing of Racial Injustice: An article/75946/how-gross-my-valley. Analysis of Kettleman City’s Hazardous Waste Facility,” 5 Mayra Quirindongo and Adrianna Quintero-Somaini, Berkeley Undergraduate Journal 30, no. 1 (2017): 17. 29 “Hidden Danger: Environmental Health Threats in the Patrachari, “Disposing of Racial Injustice.” 30 Latino Community” (New York: National Resources California Department of Public Health, “Kettleman Defense Council, 2004) [PDF fle]. City Environmental Exposure Assessment and Birth 6 Offce of Environmental Health Hazard, “Analysis of Defects Investigation,” 2010. 31 Race/Ethnicity, Age, and CalEnviroScreen 3.0 Scores,” Brindis et al., “Taking a Pulse.” California Environmental Protection Agency, June 2018 [PDF fle]. 7 California Agriculture editors, “California Agriculture time line,” California Agriculture 50, no. 6 (1996): 22–31. 8 “State Water Project,” Water Education Foundation, 2018, https://www.watereducation.org/aquapedia/ state-water-project. 9 “Central Valley Project,” Water Education Foundation, 2018, https://www.watereducation.org/ aquapedia/central-valley-project. 10 California Agriculture editors, “California Agriculture time line.” 11 “State Water Project.” 12 “Central Valley Project.” 13 Leslie, “How Gross Is My Valley.” 14 Rural Migration News, “Braceros: History, Compensation,” Rural Migration News, April 2006, https://migration.ucdavis.edu/rmn/more.php?id=1112. 15 Rural Migration News, “Braceros.” 16 Rural Migration News, “Braceros.” 17 Rural Migration News, “Braceros.” 18 California Agriculture editors, “California Agriculture time line.” 19 Rural Migration News, “Braceros.” 20 Mines, “Data on Crops, Employment and Farmworker Demographics.” 21 Mark Bittman, “Everyone Eats There,” The New York Times Magazine, 10 October 2012, https://www. nytimes.com/2012/10/14/magazine/californias-central- valley-land-of-a-billion-vegetables.html. 22 Leslie, “How Gross Is My Valley.” 23 Claire D. Brindis et al., Taking a Pulse: Latinx Health

14 Harvard Kennedy School Journal of Hispanic Policy Commentary Guiding Hand of Counsel

Juan Rocha

On 1 August 2013, an 18-year-old woman the immigration consequences to her or even calmly walked into a local drug store, made asked Sasha whether she had lawful status in her way over to aisle two, picked up two cans of the United States. The only consequences her baby formula, placed them in a large diaper bag, defense counsel considered were direct ones and quietly walked out without paying for them. (i.e., the maximum prison term and the fne for Outside, an undercover police offcer, who the offenses charged), not the immigration con- had watched her every move, patiently waited sequences.1 A month later, the US Department for her to come through the sliding doors to of Homeland Security (DHS) fled a Notice to arrest her. After confscating the merchandise, Appear—a charging document issued to a non- the offcer asked for and was given permission citizen that is equivalent to a criminal complaint to search her car. In it, he found a small plas- or indictment—charging her as removable due tic bag he believed contained traces of meth, to her drug paraphernalia conviction. although no tests were ever conducted to At her initial immigration hearing, the im- determine whether in fact there was meth in the migration judge (IJ) advised Sasha that she had bag. Within days, the State of Arizona charged the right to counsel, but not at government “Sasha” with one count of shoplifting and one expense. (She did not understand why in crim- count of possession of drug paraphernalia. inal court she had a right to court-appointed Sasha was indigent and undocumented. counsel but did not in removal proceedings, At her frst and only court hearing before the and the IJ never explained it to her.) Because criminal court, the State offered her a plea her drug paraphernalia conviction subjected agreement requiring her to plead guilty to both her to mandatory detention, she was also ineli- criminal counts in exchange for a probation- gible for an immigration bond, and worse, her ary sentence and a fne. Her court-appointed drug paraphernalia conviction was automatic counsel advised her to accept the State’s plea grounds for removal.2 Though she was born offer. Sasha had no previous experience with abroad, Sasha had lived all but one year of her the criminal justice system, and the offer life in the United States. She now faced the pos- seemed innocuous to her, given the light sibility of permanent expulsion from the United consequences, so she accepted. Her court- States. With no assistance of counsel, and only appointed counsel, however, never explained a high-school education, the government’s

Volume 31 | 2019 15 deportation laws were against her. Had Sasha trigger the right to court-appointed counsel. been appointed an immigration attorney during But the Supreme Court has never extended her criminal case, in addition to her court- such a right to indigent noncitizens in removal appointed criminal defense counsel, she might proceedings. To the contrary, federal law have avoided removal proceedings altogether. explicitly states that immigrants have no right to court-appointed counsel in removal proceed- Origin Story: The Right to ings.10 A key reason for this prohibition has to Court-Appointed do with the nature of the proceedings. Whereas In the landmark case of Gideon v. Wainwright, criminal proceedings involve some form of pun- the US Supreme Court ruled that indigent de- ishment, “[a] deportation proceeding is a purely fendants had a constitutional right to court-ap- civil action to determine eligibility to remain in pointed counsel in criminal proceedings.3 this country, not to punish . . . .”11 The IJ’s “sole Writing for the Court, Justice Hugo Black ex- power is to order deportation; the judge cannot plained that a defendant unskilled in the ways adjudicate guilt or punish the respondent . . . .”12 of the law needed the “guiding hand of counsel Because the sole purpose of deportation pro- at every step in the proceeding against him” be- ceedings is to look “prospectively,” and not cause without it “he faces the danger of convic- retrospectively, at an immigrant’s right to remain tion.”4 Counsel was needed, Justice Black said, in the United States, deportation is not punish- to defend himself against the government’s vast ment; it is, at most, a collateral consequence to “machinery” ready to prosecute defendants ac- violating the laws of this country.13 Without ex- cused of a crime and avoid a conviction.5 ception, criminal courts adopted the Supreme Before Gideon, indigent defendants had a Court’s reasoning by fnding that in the criminal constitutional right to court-appointed counsel context, a trial court was not required to inform but only in federal capital cases.6 Since Gideon, a noncitizen defendant of the immigration con- the Supreme Court has extended this right to sequences of his criminal conviction.14 any criminal prosecution in which a defendant faces an actual prison sentence. 7 In all the cases Deportation: Collateral Consequence extending the right to court-appointed counsel, or Punishment? the High Court underscored the importance of In 1922, Justice Louis Brandeis wrote that de- warding off the pernicious consequences of a portation results in the “loss of both property criminal conviction. Describing the penal con- and life; or of all that makes life worth living.”15 sequences of misdemeanor convictions, Justice If deportation results in the loss of liberty, then William O. Douglas explained that “[t]he it is diffcult to see how deportation is not consequences of a misdemeanor conviction, equivalent to punishment. By small degrees, whether they be a brief period served under the Supreme Court and other federal courts are the sometimes deplorable conditions found beginning to acknowledge that deportation is in local jails or the effect of a criminal record not purely a civil action or a collateral conse- on employability, are frequently of suffcient quence but rather an actual punishment, akin magnitude not to be casually dismissed by the to probation and incarceration, and sometimes label ‘petty’.”8 The Court subsequently crystal- the most egregious punishment for a noncitizen. lized the rule by holding that anytime the state In Padilla v. Kentucky, the Supreme Court sought to punish a person with imprisonment, laid out a road map for advocates and defense the defendant was entitled to court-appointed counsel asserting the right to court-appointed counsel.9 What these cases have in common immigration counsel in criminal proceedings. is the Court placing a high value on liberty, Though the holding of Padilla was limited to whenever there is a threat of punishment, to the duty of criminal defense counsel to explain

16 Harvard Kennedy School Journal of Hispanic Policy the immigration consequences of criminal con- petition to vacate her conviction, alleging her victions to noncitizens, the opinion landed like defense attorney had been ineffective in fail- a bomb. For the frst time, the Supreme Court ing to explain the immigration consequences recognized that “deportation is an integral of her criminal conviction. While recognizing part—indeed, sometimes the most import- that her defense attorney had advised her of ant part—of the penalty that may be imposed the “potential” of removal, the Ninth Circuit on noncitizen defendants . . . .”16 The Court Court of Appeals found that his advisement was tacitly acknowledged that deportation is pun- insuffcient because he was required to inform ishment and “intimately related to the criminal her that her conviction “rendered her removal process.”17 The Court’s poignant observation virtually certain.”23 In other words, because revealed the symmetry between criminal and alien smuggling was identifed as a ground for immigration consequences and placed depor- removal, noted the Court, her removal was tation on the same level as a prison sentence, virtually certain. if not worse. In holding that her criminal defense attorney Before Padilla, federal and state criminal was ineffective, the Ninth Circuit concluded courts considered immigration consequences that deportation was a worse punishment than as collateral to, not a direct consequence of, imprisonment—it is “often reasonable for a a defendant’s criminal case. But the Padilla noncitizen facing nearly automatic removal Court blew up this distinction—federal “law to turn down a plea and go to trial risking a has enmeshed criminal convictions and the longer prison term, rather than plead guilty to penalty of deportation for nearly a century.”18 an offense rendering her removal virtually cer- In other words, the Court was not announcing tain.”24 Echoing the words of Justice Brandeis, a new principle; it was merely stating what had the Court highlighted that Rodriguez-Vega been true for almost a hundred years—that “made a concerted effort to avoid separation deportation is punishment. Moreover, because from her family, all of whom reside in the immigration law made deportation “nearly an United States.”25 A noncitizen “may rationally automatic result,” it was diffcult to divorce the risk a far greater sentence for an opportunity to penalty from the criminal conviction in the avoid lifetime separation from her family and immigration context.19 By recognizing that de- the country in which they reside,” opined the portation is a form of punishment—oftentimes Court.26 By demonstrating her desire to remain a worse punishment than incarceration—the in the United States, Rodriguez-Vega signaled Court had created an opening for advocates to her preference for a short prison sentence over argue the need for court-appointed immigration expulsion in perpetuity from the United States. counsel in criminal proceedings. Indeed, the Given the increasing demands and responsi- Ninth Circuit expanded the reach of Padilla by bility the Ninth Circuit is placing on criminal holding that it is defense counsel’s duty, not the defense counsel, i.e., plea bargain to avoid de- court’s or the government’s, to warn his client of portation and advising noncitizen defendants certain immigration consequences of criminal of criminal consequences when deportation conviction.20 is “virtually certain,” Rodriguez-Vega illustrates Elizabeth Rodriguez-Vega was a long- the importance of having a court-appointed time lawful permanent resident. In 2012, she immigration counsel in criminal proceedings. pleaded guilty to “alien smuggling.”21 Fifteen days after her guilty plea, DHS issued a Notice Legal Defense for Noncitizens: to Appear, alleging she was removable be- Court-Appointed Immigration Attorneys cause her conviction qualifed as an aggravated Representing Defendants in Criminal felony.22 Rodriguez-Vega fled a habeas corpus Court

Volume 31 | 2019 17 The Supreme Court has held that any time a in criminal and immigration court, I know defendant faces a loss of liberty—namely, the that any noncitizens arrive in immigration punishment of imprisonment—he is entitled after pleading guilty to an offense in criminal to court-appointed counsel.27 Because “de- court.34 As the Family Unity Project’s attorneys portation is intimately related to the criminal have explained, for “people with many criminal process” even when there is no risk of actual im- convictions there is no viable legal argument to prisonment, an indigent noncitizen defendant stay.”35 So, while those programs in New York should also be assigned a court-appointed im- City and Los Angeles provide a needed service migration attorney to assist his criminal defense for individuals in immigration court, they do attorney during his criminal case.28 Appointing not reach criminal defendants like Sasha. immigration counsel from the inception of the Still, in Maricopa County, Arizona, there criminal case would help ensure that nonciti- is an attorney in their public defender offces zen defendants have all relevant information, who advises defense counsel about how a crim- i.e., whether his or her criminal charge is a inal charge impacts a noncitizen’s immigration deportable offense, whether he or she qualifes status.36 Defense counsel uses this information for a waiver, before deciding whether to accept to craft a plea agreement to mitigate immigra- a plea or take their chances at trial to avoid de- tion consequences. But the attorneys advising portation. Given the Supreme Court’s decision their colleagues are not immigration lawyers in Padilla and the Ninth Circuit’s holding in per se; they are public defenders researching Rodriguez-Vega, the legal landscape is fertile for immigration law. The Maricopa County Public defense attorneys to argue for a constitutional Defender “created” this quasi-immigration role mandate requiring the appointment of immi- after the Supreme Court’s ruling in Padilla v. gration counsel for noncitizens during crimi- Kentucky. While this is a good start, any advice nal proceedings; for public policy makers, like dispensed by the staff attorney is limited to pub- Mayor Eric Garcetti in Los Angeles, to fund lic defenders within the defender offce. But initiatives to provide immigration attorneys to noncitizens are often represented by contract noncitizens in criminal proceedings; or for city attorneys, who are criminal defense attorneys council to pass a law affording immigration in private practice contracted by the county to counsel to noncitizen defendants or state legis- represent indigent defendants, and they may latures.29 In fact, some cities have begun doing not have access to this resource.37 Moreover, so through public–private partnerships. this immigration resource is limited to Indeed, through public–private partner- Maricopa County. Prior to Padilla, the State ships, cities like Los Angeles and New York Bar of Arizona had funded a position for an City have provided money to afford legal immigration attorney to assist defense attorneys representation for immigrants in deportation in the entire state. But the State Bar pulled its proceedings.30 Noncitizens in New York City funding in 2009 due to the economic recession. facing deportation are also provided with an The position was funded for three more years by attorney at no charge to defend against their a non-proft before they, too, pulled their fund- deportation from the United States through the ing. The State never flled in the gap, though New York Immigrant Family Unity Project,31 the position was needed just as immigration en- which is funded by New York City.32 The pro- forcement ratcheted up in Arizona.38 In short, gram is considered a public defender offce while cities like New York and Los Angeles are for noncitizens in immigration proceedings. providing funding for attorneys to assist non- But neither city’s initiative provides the right to citizens in immigration court, in Maricopa court-appointed immigration counsel in crim- County, the public defender has had to convert inal proceedings.33 Having represented clients one of its attorneys into an immigration attorney

18 Harvard Kennedy School Journal of Hispanic Policy to satisfy the Supreme Court’s mandate.39 a noncitizen’s ability to remain in the United Moreover, there is a tension between what States, it would alleviate some of the burden federal courts are mandating state criminal placed on criminal defense counsel to advise a defense attorneys to do, namely, advise the non- noncitizen of the immigration consequences. citizen of the immigration consequences of a criminal conviction, and how states pay for and The Conclusion to Sasha’s Story execute this mandate. As discussed, Maricopa Had Sasha’s defense attorney had the assistance County turned one of their attorneys into an of a court-appointed immigration attorney, she immigration attorney—the offce has over would have known that pleading guilty to a drug 200 lawyers—to satisfy Padilla’s mandate.40 paraphernalia offense was automatic grounds The Arizona Legislature, in fact, has never for removal.48 She also would have avoided six introduced legislation to fund court-appointed months of custody in an immigration detention counsel in criminal proceedings.41 On the con- center, which was longer than any criminal trary, the legislature has been taking funds out sentence she would have received under the of public defender offce and applying them criminal charges. Like Rodriguez-Vega, had to the public-safety fund.42 Short of a consti- Sasha known that pleading guilty would mean tutional mandate, like the 1963 Gideon case, losing her family, she never would have pleaded Arizona is not inclined to fund immigration guilty to the charges. As the Ninth Circuit rec- defense counsel in criminal proceedings. One ognized, an immigrant “may rationally risk a far of the lessons of New York City’s Family Unity greater [prison] sentence for an opportunity to Project is that the money used to fund the pro- avoid lifetime separation from her family and gram is offset by savings to the State of New the country.”49 York by spending less on health care and foster care for children of deported parents.43 Yet no Author Bio elected offcial in the Arizona Legislature has Juan Rocha is an immigration and criminal introduced a bill to fund a similar program.44 defense lawyer in Phoenix, Arizona. He is the Rodriguez-Vega and Padilla are two examples author of numerous articles on criminal-immi- in which federal courts are attempting to harmo- gration law and has appeared in television and nize the friction: a right to immigration counsel radio to discuss immigration policy. He received in criminal proceedings.45 The reason it has a bachelor of science degree in justice studies been diffcult to solve is because, before Padilla, from Arizona State University, received a master deportation was considered a collateral conse- of public policy from the University of Chicago, quence and not a penalty. Padilla now requires and earned his law degree from the UCLA criminal defense counsel to advise the defendant School of Law. He was also an adjunct faculty at of the immigration consequences of a criminal the ASU School conviction.46 If federal and state governments of Transborder are unwilling to provide court-appointed immi- Studies. In 2016, gration counsel in criminal proceedings, then he was named governments should consider reforming their one of the top criminal statutes and converting some of their pro bono attor- felonies to misdemeanors. Generally speaking, neys by the State many felonies, in particular aggravated felonies, Bar of Arizona. can lead to automatic deportation from the United States or make it diffcult to qualify for various forms of relief.47 Not only would misdemeanor offenses increase the likelihood of

Volume 31 | 2019 19 modifed in 2015, https://www.bronxdefenders.org/ Endnotes programs/new-york-immigrant-family-unity-project/. 32 “We Defend the Bronx.” 1 United States v. Parrino, 212 F.2d 919, 921 (2d Cir. 33 “Mayor Garcetti Announces Legal Fund to Fight for 1954). Deportation is a collateral consequence of Immigrant Rights.” conviction). 34 The defendants in Padilla and Rodriguez-Vega started 2 Luu-Le v. INS, 224 F.3d 911 (9th Cir. 2000), overruled in criminal court before having their status revoked by by Madrigal-Barcenas v. Lynch, 797 F.3d 643, 644 (9th an immigration court. See Padilla, 559 U.S. at 359 and Cir. 2015). The Ninth Circuit found that possession of Rodriguez-Vega, 797 F.3d at 781. drug paraphernalia was no longer an offense related to a 35 “Poor Immigrants Get Free Legal Defense in New York controlled substance. City Program,” NBC News, 25 June 2014, https://www. 3 Gideon v. Wainwright, 372 U.S. 335, 345 (1963). nbcnews.com/feature/in-plain-sight/poor-immigrants-get- 4 Gideon, 372 U.S. at 345. free-legal-defense-new-york-city-program-n139781. 5 Gideon, 372 U.S. at 344. 36 Todd Romero, email message to author, 22 January 6 Powell v. Alabama, 287 U.S. 45, 72 (1932). 2019. 7 Argersinger v. Hamlin, 407 U.S. 25, 33 (1972). 37 Personal knowledge of the author. 8 Argersinger, 407 U.S. at 48 (internal quotations omitted). 38 Kara Hartzler, email message to author, 21 January 21 9 Scott v. Illinois, 440 U.S. 367, 374 (1979). 2019. 10 Immigration and Nationality Act (INA) Title 8 U.S.C. § 39 Lissete Lopez, General Counsel for the Senate 1229a(b)(4)(A) (“the alien shall have the privilege of being Democratic Caucus, Arizona State Legislature, email represented, at no expense to the Government, by counsel message to author, 21 January 2019. of the alien’s choosing who is authorized to practice in 40 “Public Defender,” Maricopa County Administration, such proceedings”). https://www.maricopa.gov/558/Public-Defender. 11 INS v. Lopez-Mendoza, 468 U.S. 1032, 1038 (1984). 41 Lisette Lopez, email. 12 Lopez-Mendoza, 468 U.S. at 1038. 42 Lisette Lopez, email. 13 Lopez-Mendoza, 468 U.S. at 1038. 43 “New York Immigrant Family Unity Project - The 14 United States v. Amador-Leal, 276 F.3d 511, 517 Report,” The Center for Popular Democracy, last (9th Cir. 2002). The Ninth Circuit held that a trial updated 2019, https://populardemocracy.org/news/ court did not need to inform defendant of immigration new-york-immigrant-family-unity-project-report. consequences. 44 Lisette Lopez, email. 15 Ng Fung Ho v. White, 259 U.S. 276, 284 (1922). 45 United States v. Bonilla, 637 F.3d 980, 984 (9th Cir. 16 Padilla v. Kentucky, 559 U.S. 356, 364 (2010) (emphasis 2011). “A criminal defendant who faces almost certain added). deportation is entitled to know more than that it is possible 17 Padilla, 559 U.S. at 364. that a guilty plea could lead to removal; he is entitled to 18 Padilla, 559 U.S. at 366–67. know that it is a virtual certainty.” 19 Padilla, 559 U.S. at 366. 46 Padilla, 559 U.S. at 364. 20 United States v. Rodriguez-Vega, 797 F.3d 781, 787 (9th 47 Lopez v. Gonzales, 549 U.S. 47 (2006). “[A] state offense Cir. 2015). constitutes a ‘felony punishable under the Controlled 21 Rodriguez-Vega, 797 F.3d at 785. Substance Act’ only if it proscribes conduct punishable as 22 Rodriguez-Vega, 797 F.3d at 785. a felony [for which the term of imprisonment exceeds one 23 Rodriguez-Vega, 797 F.3d at 785. year] under that federal law.” 24 Rodriguez-Vega, 797 F.3d at 789. 48 Sasha fled a petition for post-conviction relief based on 25 Rodriguez-Vega, 797 F.3d at 789. ineffective assistance of counsel under Padilla; the state 26 Rodriguez-Vega, 797 F.3d at 789. court granted her petition, and her conviction was later 27 Argersinger v. Hamlin, 407 U.S. 25, 35 (1972). vacated. As a result, the Department of Homeland Security 28 Padilla, 559 U.S. at 365. terminated removal proceedings against her, resulting in 29 “Mayor Garcetti Announces Legal Fund to Fight her release from custody. She later reapplied for Deferred for Immigrant Rights,” Offce of the City Mayor of Los Action for Childhood Arrivals (DACA), which US Angeles, 19 December 2016, https://www.lamayor.org/ Citizenship and Immigration Services (USCIS) granted. mayor-garcetti-announces-legal-fund-fght-immigrant-rights. 49 Rodriguez-Vega, 797 F.3d at 789. 30 Alex Daniels, “California Foundations Move $40 Milion for Immigration Response Fund,” Southern California Grantmakers, 23 January 2018, https://www. socalgrantmakers.org/news/california-foundations-move-40- million-immigration-response-fund. 31 “We Defend the Bronx,” The Bronx Defenders, last

20 Harvard Kennedy School Journal of Hispanic Policy Feature Examining Teachers’ Awareness of Immigration Policy and Its Impact on Attitudes toward Undocumented Students in a Southern State

Sophia Rodriguez, with William McCorkle1

Abstract suggest that teachers who lack sociopolitical This study investigates teachers’ awareness of awareness are more likely to believe in false or federal and state immigration policy and how it inaccurate narratives about immigrants, which impacts their attitudes toward undocumented negatively impacts undocumented students. students using an explanatory mixed-methods design in a focal state in the New Latino South, Introduction i.e., South Carolina. Data were collected in This timely study acknowledges that undoc- 2016–2018 during the height of post-Trump umented immigrant students face signifcant anti-immigrant rhetoric and a furry of xeno- challenges in schools and US society. This phobic initiatives. The article shares descrip- study speaks directly to such challenges as it tive survey data results (n = 101) that reveal examines the anti-immigrant policy climate an insignifcant correlation between teachers’ in the focal state of South Carolina. This anti- awareness and attitudes but illustrate an alarm- immigrant policy climate that recently arrived ing lack of awareness of policies related to im- undocumented youth navigate positions them migration and a range of attitudes regarding as “criminals,” “risks,” and “threats” to society2,3 these policies. Qualitative interviews showcase (Rodriguez, 2017). As undocumented immi- more deeply teachers’ attitudes about immigrants are negatively positioned in public and grants/immigration policy. The paper argues political discourse, it is imperative to investi- for increasing teacher awareness in the form gate how this social and political context shapes of sociopolitical knowledge of policy contexts their school experiences. To this end, this study and a nuanced conceptualization of teacher contributes to the growing body of literature empathy. The signifcance of this study is that about K–12 teachers’ experiences working to date there has not been a large-scale study with undocumented immigrant youth.4,5,6 The that examines teachers’ awareness of federal study creates new knowledge about high school and state immigration policy and how that teachers’ awareness about the federal and state awareness shapes attitudes toward undocu- immigration policies and their attitudes toward mented students specifcally, yielding practical undocumented students in a constrained and knowledge for teacher preparation programs hostile policy context in the New Latino South, and professional development. Implications specifcally South Carolina.

Volume 31 | 2019 21 This study investigates teachers’ awareness this specifc population,15,16,17 which indicates of federal and state immigration policy7 the largest percentage growth in the United and how it impacts their attitudes toward States over that time period. Relatedly, the undocumented students using an explanatory teachers in this study work with recently ar- mixed-methods design8 in a focal state in rived undocumented high school youth from the New Latino South,9 specifcally South Central America within the last two years.18 Carolina. Data were collected in 2016– These newly arrived undocumented students 2018 during the height of post-Trump anti- face limited access to resources, and their immigrant rhetoric and the furry of racist and rights and access vary depending on when they xenophobic initiatives from arrived and how they are arbi- the Trump administration. trarily labeled by government Approximately 5.1 million 19 This political context shaped children 18 years or younger agencies. Even though undocumented immigrants’ South Carolina restricts ac- lives around the country. In are either undocumented or cess to public and social states with restrictive, anti- have undocumented parents resources and educational immigrant policies, such opportunity, undocumented as South Carolina, fears for undocumented students all have a right to K–12 education.20 students were magnifed. This in turn increased Yet, that right is comprised the lack of institu- teachers’ encounters with new challenges to tional supports in public schools that are low understanding their undocumented immigrant resourced and whose teachers are ill informed students’ lives.10 The hypothesis for the larger about the political and social context shaping mixed-methods study suggests that teachers’ undocumented students’ experience.21 While individual levels of awareness correspond previous scholarship addresses immigrant with their personal attitudes toward such youth experiences in schools broadly, includ- students. Given the gap in the literature ing ability to achieve academically and the on teachers’ awareness of federal and state role of teachers in supporting such achieve- policy relating to undocumented students, ment, it primarily focuses on teachers’ beliefs the project reveals a need for increasing toward English-language learners (ELLs) and teacher awareness in the form of sociopolitical their effcacy for teaching ELLs rather than knowledge and teacher empathy—a concept teachers’ knowledge of immigration policy drawing on Zembylas’s work on sociopolitical and how it impacts the educational trajectories empathy.11,12 The fndings reveal teachers’ lack and social mobility of immigrant youth, which of awareness about immigration policies that is the focus of the current study. impact undocumented students. The signifcance of this study addresses two specifc gaps in previous research: (1) Signifcance There exists limited research that examines In the last decade, the Latinx immigrant pop- teachers’ awareness of federal and state immi- ulation has rapidly increased and, thus, so has gration policy and how that shapes teachers’ their public-school attendance. Southeastern attitudes toward undocumented youth. (2) To states like South Carolina, the focal state here, date there has not been a large-scale, state- have witnessed more recent increases in their wide study that examines teachers’ awareness Latinx population13 as approximately 5.1 mil- of federal and state immigration policy and lion children 18 years or younger are either how that awareness shapes attitudes toward un- undocumented or have undocumented par- documented students specifcally. This study ents.14 For instance, from 2000 to 2010, South informs scholarship on teachers’ awareness Carolina witnessed a 148 percent increase in of federal and state immigration policy and

22 Harvard Kennedy School Journal of Hispanic Policy how that awareness shapes their attitudes to- the qualitative interview data revealed teach- ward undocumented youth, yielding practical ers’ perspectives in the state, shedding light knowledge for teacher-preparation programs on teachers’ attitudes about immigrants and professional development. and immigration policy in South Carolina. The map for the rest of the article includes Integrating the quantitative and qualitative a discussion of three interrelated bodies of data allowed for the opportunity to expand scholarship: (1) teachers’ attitudes toward upon the statistically insignifcant but per- immigrant students, how dehumanizing plexing quantitative results related to attitudes learning environments for language learners of teachers and their sociopolitical awareness impacts their educational trajectories, and in both data sets.24 Implications of the data teachers’ attitudes toward immigration and suggest that teachers who lack sociopolitical immigrants’ rights; (2) budding research on awareness are more likely to believe in false how teachers and schools are responding to or inaccurate narratives about immigrants, and the policy shifts and contexts related to undoc- this is negatively impactful for undocumented umented students—this literature focuses on students. teachers’ effcacy toward teaching language learners and how language learner becomes Review of Literature a proxy for undocumented status—and (3) This article’s research is at the intersection of how contexts of reception, including anti- dialogues about teachers’ attitudes toward im- immigrant states like South Carolina, limit migration, immigrant students, and encounters educational opportunity and social mobility. with newly arrived undocumented immigrants After the review of literature, I discuss how and how policy contexts in which teachers are the conceptual framework on teacher empathy key agents shape their lives and belonging. guided this mixed-methods study. Returning This research specifcally connects to previous to the importance of state context, the New literature about teacher attitudes and how at- Latino South and South Carolina are de- titudes impact expectations25 of cultural and scribed since this state policy context is highly linguistic minorities, research about contexts restrictive toward undocumented students and reception of immigrants, and the more and immigrants broadly.22,23 recent conversations about Then, the explanatory mixed- Findings illustrate the teachers managing relations methods design that employed with undocumented stu- alarming lack of awareness quantitative and qualitative dents in schools. Combining data sources, a description of educational policies interrelated discussions of of the sample, and analysis related to immigration immigrants’ experiences in procedures is described. schools, policy contexts, and Findings from the descriptive survey data (n = teachers’ awareness and attitudes is a neces- 101) reveal no signifcant correlation between sary next step for understanding how teachers’ teachers’ awareness and attitudes but illustrate awareness of policy impacts their attitudes the alarming lack of awareness of educational toward newer populations of undocumented policies related to immigration and a range of students. attitudes regarding these policies with more Teachers’ Attitudes toward Immigrant restrictive views on in-state tuition and fnan- Students cial aid and yet inclusive views toward access Patel argues that there remains a systemic to resources. Given the high percentage of need for teachers to understand how policies teachers who had wrong answers related to govern the everyday experiences of newcomer policies affecting undocumented students, immigrant youth, specifcally undocumented

Volume 31 | 2019 23 youth.26 The challenge is that schools, cur- larger issues of immigration and immigrant ricular projects, and programs often employ rights can have an effect on their attitudes to- assimilationist approaches to immigrant ward immigrant students.32 The scholarship mobility and make generalizations about on implicit bias33,34 reveals how teachers can immigrant groups that do not speak to the inadvertently treat students differently based variation in Latinx immigrant experiences. on subtle prejudices and preconceived no- Similarly, Amthor and Roxas and Rodriguez tions. This implicit bias can have a detrimental have argued that a decontextualized desire to effect on student success.35 There is also a help or a compassionate need to pathologize, signifcant correlation between teachers’ at- label, and over-test language-learning immi- titudes toward students and expectations of grants for special education is dehumanizing them.36 These attitudes and expectations af- and does not refect the brand of critical fect overall academic achievement,37,38,39,40 empathy with a sociopolitical awareness retention rates,41,42 and self-esteem.43,44 of immigration policy context.27,28 Such While this literature at the very least ad- unrefective help and uncritical compassion dresses teachers’ attitudes toward immigrants reinscribes racial hierarchies and, in the case and immigration, there is limited discussion of of undocumented youth, neglects the real- how teachers develop a sense of sociopolitical ities of differing immigration status and how awareness and empathy that could positively anti-immigrant policy contexts shape their impact immigrant and more recently undoc- everyday lives and sense of belonging. umented immigrant student experiences. For This is signifcant because teachers’ beliefs instance, McAllister and Irvine found that and attitudes inform their pedagogical ap- teachers’ empathy was associated with posi- proaches and actions in the classroom along tive interactions and a supportive classroom with their perceptions of students’ ability to environment.45 This empathy was associated achieve in school.29 And previous research tells with a more student-centered environment us that immigrant students feel discriminated that allowed teachers to “connect content to against by their teachers, especially in relation students’ interests, backgrounds, and develop- to educational achievement.30 To this point, mental needs.”46 However, the authors argue Mellom et al. argue, “Monolingual biases, that this empathy is not suffcient by itself exacerbated by misunderstandings about bias it can often be superfcial. The goal is for lingualism, language learning and cognition, empathy to lead to a critique of social injustice. inform teachers’ attitudes about language Teachers’ Encounters with Undocumented learners in their classrooms and may blind Students these teachers to opportunities to cultivate and With an estimated 5.5 million children in capitalize on their students’ strengths.”31 To this the United States living in families with un- point, teachers in the present study encounter documented immigrants,47 there has been a undocumented youth who not only need to burgeoning body of qualitative research on acquire English-language profciency in many how teachers and schools are responding to cases, but they arrive undocumented into pol- the infux of undocumented students and the icy contexts that specifcally seek to limit their policy shifts impacting their everyday lives. access to resources, hindering their ability This literature is framed around teachers’ at- to participate in many daily activities such as titudes toward immigration policy, general driving a car or acquiring a living-wage job. knowledge of immigration status of students, Teacher Attitudes toward Immigration and and how teachers navigate the immigration Immigrants’ Rights status of children and/or children from mixed- The beliefs that teachers have regarding the status families.48,49,50,51,52 For instance, Jefferies

24 Harvard Kennedy School Journal of Hispanic Policy and Dabach’s article was one of the frst by focusing on giving these students a sense pieces of scholarship to raise questions about of political legitimacy and letting the students teacher knowledge of undocumented status.53 know they are safe to share their stories and Similarly, Gallo and Link recently argued that struggles with their teachers. The authors understanding immigration status of students point out the diffcult balance between hav- is important because the anti-immigrant pol- ing undocumented students openly share icy context and increased deportations along their stories and the need for safety and with the threats of deportation force children anonymity that students may feel, especially to grapple with fear and anxiety for themselves in the increasingly xenophobic environment and their family members.54 The more-recent particularly due to the changes under Trump. research on teachers’ encounters with undocu- However, they also point out the need to allow mented students points to the necessity of how undocumented students’ voices to be heard in policy context and immigration issues result in the classroom and not just in extracurricular pedagogical challenges for teachers.55,56,57 activism. In this way, the undocumented pop- Gallo and Link’s study traces the experi- ulation go from merely being objects discussed ences of elementary school teachers working in civics to individuals with agency for making with undocumented elementary-age children changes in the society despite the limitations to illustrate how these teachers create critical of their civic rights. spaces for interrogating immigration issues in While each of these studies is critical to relation to teacher practice. And yet, teach- building a body of knowledge around teachers in their study still fall on a continuum ers’ encounters with undocumented students, of whether or not they chose to advocate for the current study contributes in two critical undocumented students, avoid the diffcult ways. First, while these previous studies62,63 conversations related to immigration and sta- only have sample sizes of between one and tus, and move beyond their comfort zones,58 seven teachers, the survey data here are from suggesting the need to more deeply under- a statewide sample of 101 teachers and speak stand what shapes teachers’ attitudes in rela- to this survey data with anecdotal evidence tion to the policy contexts they work within. of two rich case studies of teachers from one Moreover, a series of recent articles explore school district in a focal state. Second, these how social studies teachers are politically previous studies have not occurred in anti- aware of citizenship in civics classes with un- immigrant states such as those in the New documented students or students from mixed- Latino South. While the broad hostile, racist, status families.59 Dabach points to the and xenophobic rhetoric cuts across state bor- variation of teachers’ perspectives toward ders, the focal state of South Carolina offers a undocumented students and builds knowl- unique perspective on how teachers’ attitudes edge about how social studies teachers develop and awareness are shaped by the state con- civic knowledge in mixed-status classrooms. text. The focal teachers in the qualitative data Dabach highlights the way that social studies illustrate that even the teachers more likely to educators can break the silence around sensi- support immigrants’ rights and undocumented tive issues such as deportations with students.60 students still express troubling perspectives In this study, a teacher moves beyond just toward immigrants in South Carolina. This teaching to serve in an alternative advocacy ultimately speaks to the need to integrate pol- role, which is informal and ad hoc.61 icy knowledge as context for teacher practice. Furthermore, scholars examine how social Teachers and Contexts of Reception studies educators can effectively teach civics Teachers’ attitudes are shaped by the pol- classes with students who are undocumented icy context. Previous literature addresses the

Volume 31 | 2019 25 importance of contexts of reception, generally previous work is that in each of these studies, referring to the larger structurally stratifed the authors have small sample sizes that range aspects of society64 and how contexts of recep- from one teacher participant,71 seven teacher tion shape political activism for college-aged participants,72 and four teachers of 14 partici- undocumented students.65 This study suggests pants.73 The mixed-methods approach utilizes here that teachers are powerfully shaped by a survey of 101 teachers in an anti-immigrant societal and more local, state contexts of recep- southern focal state, South Carolina, and tion. Thus, scholarship needs to address the provides anecdotal qualitative data to deepen intersection of teachers’ awareness of policy our analysis of the survey data and to make and attitudes toward undocumented students sense of two rich cases of teachers’ experiences. in state contexts.66 This is signifcant because teachers act as key institutional agents and Conceptual Orientation resource brokers in schools, particularly for Previous scholarship that focuses on teacher immigrant students broadly.67 beliefs and attitudes notes that teacher em- To build knowledge about the importance pathy is a desirable disposition to have when of context and policy knowledge within working in diverse settings,74 specifcally that particular contexts, Crawford highlights how empathetic teachers embody the perspective one local schools’ personnel, not just teach- of those from a different cultural background ers, reacted to immigration enforcement and “feeling with” an individual rather than offcers’ increased surveillance based on a judgmental way.75 And while some of the their limited knowledge of undocumented aforementioned literature note the impor- immigrants’ rights. Crawford illustrates how tance of trust in teacher-student relations,76 depending on school personnel’s role, lim- there is an insuffcient conceptualization of its exist related to how they advocate for teachers’ attitudes and empathy. As such, undocumented students, highlighting the teacher empathy as previously argued in the dire need for policy knowledge as part of ed- literature manifests in caring relationships. ucator roles. Crawford suggests that previous Rodriguez has argued that these caring research points to the lack of belonging and relationships can be dangerous because safety that undocumented students experi- they often focus too much on how much or ence in K–12 schools.68 Drawing on Jefferies, how persistently a teacher “cares” for his/her who argues that school personnel learn about students and “knows” them.77 The “danger of immigration status of students, there were compassion” often shadows other systemic or limited interventions or plans for ensuring institutional discrimination against culturally, that schools remain safe spaces despite Plyler, linguistically, or racially diverse students such even when “school administrators were sym- as unequal school resources, lack of language pathetic toward the rights of undocumented support services in schools, or in-school mech- youth.”69 Crawford’s study further demon- anisms that reproduce inequality in schools, strates the piecemeal planning and limited disproportionately impacting students of color policy knowledge of school personnel and and immigrants.78,79,80 Even when empathy educators in protecting and advocating for emerges in the previous literature, it is not undocumented students in increasingly directly interrogated in the way that speaks ex- hostile contexts of reception.70 plicitly to teacher attitudes about policies that In sum, this literature provides a signifcant impact undocumented immigrants. This is an move toward breaking the silence on teachers’ important step: to reorganize and foreground experiences working with undocumented stu- a brand of teacher empathy that encompasses dents. And yet, a limitation of this important sociopolitical awareness and names directly

26 Harvard Kennedy School Journal of Hispanic Policy the types undocumented students rather than the colorblind or safer terms such as “diverse This is an important step: to reorganize learners” or “language learners” that we so and foreground a brand of teacher often see in the previous scholarship. empathy that encompasses sociopolitical The present study uses the framework of teacher empathy and awareness of socio- awareness and names directly the types political contexts.81,82 Empathy is used to undocumented students interrogate teacher awareness of policies that impact undocumented immigrants and how agricultural laborers to the South in signif- that shapes their attitudes. This conceptual cant numbers.90 The South grappled with how framework foregrounds a brand of teacher to accept Latino communities into the fold of empathy that encompasses sociopolitical a racially segregated social structure.91 Given awareness. Zembylas argues that empathy the racialized labor and social structure in “occurs in social contexts governed by social the New Latino South, the context of support interactions and linked to matters of policy is limited at best and hostile in many cases, issues.”83 This study employs two dimensions posing signifcant barriers to educational of teacher empathy: moral and political. The achievement and social mobility.92 study emphasizes that empathy is “linked to This study was conducted in one of these matters of interests” (political dimension) and New Latino states, South Carolina, which “values” (moral dimension).”84 This study is arguably the most restrictive state in the seeks to understand the extent to which teach- nation in regard to access to educational ers’ awareness of immigration policy (politi- opportunity. South Carolina is also one of two cal dimension of empathy) impacts teachers’ states that completely bans undocumented attitudes (moral dimension of empathy) to- students from studying in state colleges ward immigrant students. This conceptual and universities and led the nation in this orientation guided the survey development, policy.93,94,95 Roth notes96 how South Carolina interview protocol development, and data prohibits these students from receiving in-state analysis to draw out these themes of teacher tuition at public colleges and universities and empathy and sociopolitical awareness. bans access so that even when some state universities fnd ways to subvert undocumented Context of New Latino South and students’ admission, the fnancial burden South Carolina is too great.97 South Carolina maintains re- This study examines teachers in the unique strictive education and social policies toward context of the New Latino South, which bears undocumented students that comprise having mentioning because it provides nuanced cir- the right (and, to some extent, a safe space of cumstances to examine teachers’ attitudes K–12 viz-a-viz Plyler) to a position of illegality toward undocumented youth and their knowl- and minimal opportunities for educational edge of immigration policy in a state con- and social mobility beyond K–12. text.85,86 The South saw an increase in Latino immigrants following the passage of the North Research Methods American Free Trade Agreement (NAFTA).87 Based on the gaps in the literature, this study Mellom et al. explain that unlike other states sought to understand teachers’ awareness of that have had historically sizeable Latino policy and attitudes toward undocumented populations, like California88 and Texas,89 students using an explanatory mixed-methods only post-NAFTA did an aggressive private- design98,99 in a focal state with anti-immigrant sector recruitment campaign bring Latino policies: South Carolina. Three research

Volume 31 | 2019 27 questions guided the study: frst to include a statewide survey of teachers’ 1. What overall awareness and attitudes do awareness of policy and attitudes toward un- teachers have regarding federal and state documented students, teachers in all subject immigration policy and the educational areas, including special education and English rights of undocumented students? (quan- as a second language (ESL), were selected to titative, descriptive) participate. To recruit participants, an email 2. To what extent does teachers’ awareness was sent to publicly available emails from of federal and state immigration policy the webpages of South Carolina public high correlate with teachers’ attitudes to- schools. A list of all the South Carolina pub- ward undocumented immigrant youth? lic schools was gathered and then put into a (quantitative) randomizer application in order to ensure a 3. How do focal teachers in South Carolina randomized sample. The frst ten high schools talk about their encounters with undocu- with publicly available teacher emails were mented students in their high schools and chosen to be part of the sample. These were the policies impacting them? (qualitative) traditional public high schools, not charter schools, with all students qualifying for free Study Design or reduced lunch. Emails from all teachers This mixed-methods study aimed to inves- within these schools were gathered. In total, tigate teachers’ awareness of immigration there were 778 teacher emails gathered and in- policies and how their awareness impacts cluded in this random sample. The survey was attitudes toward undocumented youth in sent to these teachers in the fall of 2016. There South Carolina. The explanatory mixed- was an additional reminder email sent out to methods design occurred in two phases. The all of the teachers. There were 101 teachers rationale for this design was to be able to “ex- who took the survey. There were no incentives pand upon an aspect that was identifed by the for participants to take the survey. quantitative data, specifcally the perplexing Demographically, 60 percent of the sur- results.”100,101 In this study design, quantitative vey respondents were female and 40 percent data are collected and analyzed frst, and then were male. The overwhelming majority of qualitative data are collected to explain or the respondents were White (87 percent). elaborate on the quantitative results.102 Only 2 percent were from Hispanic/Latino In the frst phase, survey data were collected background, and 7 percent were African and analyzed. The results revealed an insignif- American. The immigration background of icant correlation between teachers’ awareness the respondents revealed that the majority of of policy and attitudes toward undocumented the individuals said both of their parents were students. However, the survey data showed born in the United States, with only 3 percent an alarming amount of misinformation that of the respondents having one or more parent teachers held about policies and undocu- born outside the United States. Only 4 percent mented students’ access to resources and an stated that they themselves were born outside overall lack of policy awareness. In phase two, of the United States. 29 percent stated that semi-structured interviews with teachers were they spoke a second language, with 71 percent conducted. stating that they were monolingual. Sample The teacher participants for the qualitative, The participants (n = 101) for the quantitative semi-structured interview portion were re- portion of the study were high school teach- cruited from two of the Title I public schools ers at ten randomly selected South Carolina in South Carolina as part of the author’s Title I public schools. Given the study is the larger longitudinal study.103 These teachers

28 Harvard Kennedy School Journal of Hispanic Policy overall refected the characteristics of the different groups of undergraduate preser- survey sample in that they were White, mono- vice teachers in 2016 and was distributed lingual females. I selected educators with September 2016. The purpose of this survey some Spanish-language background, which was to understand the larger correlation be- ranged from conversational to fuent. The tween teachers’ awareness of policy and how qualitative interview participants were purpo- that shaped their attitudes toward immigrant sively sampled (n = 10), and then three focal students and rights. teachers for this article were chosen to fesh The frst section measures teachers’ aware- out the survey data results for two reasons. ness of policies impacting undocumented First, the author spent two years observing immigrant students, specifcally policies re- the three focal teachers and engaged in fve lated to education and in-state tuition, rights semi-structured interviews with them and to college enrollment, and access to resources co-planned lessons in their ESL classes. Their and educational opportunity based on pa- insights to teachers’ encounters with undocu- rental immigration status. The construct of mented students provided a strong foundation awareness is based on concept of sociopoliti- for building knowledge about the concept of cal empathy.104 In order for teachers to possess teacher empathy despite their propensity to the moral dimension (measured in the survey) believe in false narratives about immigrants. of empathy,105 they must frst be aware of the Second, the explanatory sequential design actual sociopolitical situation and potential allows researchers to explore an aspect of the struggles of the students.106,107 quantitative data. The survey data analysis In the frst section, participants were given below reveals that teachers largely held inaccu- three response options: “true,” “false,” and rate views about undocumented immigrants. “I have no idea.” This distinction was meant The teachers were either unaware of policies to show the variance between teachers who impacting undocumented students or held were unaware of the subject and those who inaccurate views of these students and their believed that the state was more inclusive ability to acquire citizenship status or access than it truly is. The items in the frst section to public and social resources. I was interested included: in teachers I thought would have more inclu- • Any student who graduates from a South sive and accurate views, so focal teachers were Carolina high school, regardless of im- selected because they taught ESL, had migration status (legal or illegal), and has Spanish-language speaking abilities, and lived in the state for at least two years is worked with undocumented populations at eligible for in-state tuition. their high schools. Yet as the data show, these • Any South Carolina high school grad- focal teachers still had complicated views of uate, regardless of immigration status, immigrants and at times inaccurate views, is permitted to enroll in public state which were ultimately shaped by the anti- colleges and universities. immigrant ideologies and policies in South • All immigrants who have legal status or Carolina. visa, graduated from a South Carolina high school, and have lived here for at Data Collection Procedures, least two years qualify for in-state tuition. Instrumentation, and Analysis • For US citizens, a student’s parent’s im- Survey Instrument migration status has no legal impact on The survey was developed by the author one receiving in-state tuition. and graduate student based on the extant The second section of the survey measured literature. The survey was piloted with two teachers’ attitudes toward these policies that

Volume 31 | 2019 29 impact immigrant students in the state. These explicit items, which respondents may be less items relate to the moral dimension of teacher likely to answer honestly.111 empathy because items were trying to assess Semi-structured Interview Procedures teachers’ values and beliefs about the educa- The qualitative data derive from a longitudi- tional rights of immigrants.108 The items were nal study at two Title I high schools in South as follows: Carolina.112 As mentioned in the sample • Students who graduated from a South description above, three rich cases were se- Carolina high school and are illegal/ lected to delve deeper into some of the results undocumented immigrants should be from the survey. The semi-structured inter- able study at state colleges and universities. view protocol for educators was designed to • Students who graduated from a South understand how teachers talked about and Carolina high school and are illegal/ came to understand immigration policy in the undocumented immigrants should be state. The ten participants were all interviewed allowed to receive in-state tuition. one time in person between 2016 and 2018, • Students who graduate from a South and then three in this article were interviewed Carolina high school and are illegal/ multiple times with additional questions undocumented immigrants should be able related to their knowledge of the immigrant to receive in-state scholarships and grants student background, border stories, and (Life scholarship, Hope Scholarship). trauma; their perceptions of their ability to • US-born children of undocumented/ advocate for undocumented students; and illegal immigrants who graduated from their knowledge of immigration policies at the a state high school should be allowed to federal and state levels. receive in-state tuition at colleges and universities. Data Analysis and Integration • Students who graduated from a South Analysis occurred in four phases. First, Carolina high school and are DACA survey data were transferred from Qualtrics to students (undocumented students that SPSS to conduct descriptive statistical analy- under the 2012 Deferred Action Plan are sis on all constructs: teachers’ awareness and granted a temporary work visa) should be attitudes toward immigrant students. Second, able to receive in-state tuition. a Pearson’s r correlation test was conducted This section had a fve-point Likert scale of to determine the strength of the correlation strongly disagreeing to strongly agreeing with between awareness and attitudes. Third, the statements. These items measure teach- qualitative interview data were coded in two ers’ overall empathy, specifcally the moral phases. The frst phase included open coding, dimension, toward undocumented immigrant with emergent codes such as teachers’ aware- students and the immigrant families they ness of policies, conceptualization of immigra- come from by understanding their views on tion (assimilationist perspectives), and linked policy issues that relate to the issues of justice oppressions between race and immigration. within the educational system. The second phase was analytic coding in The reason for using these items about conjunction with the conceptual framework policy instead of asking directly about teach- of teacher empathy, which Zembylas defnes ers’ views of immigrant students is because as awareness of sociopolitical contexts in it could reveal more substantial implicit order to advocate.113 From the analytic coding attitudes109,110 toward immigrant students. This in relation to the framework of teacher empa- form of indirect questioning illuminates some thy, three themes emerged. First, teacher em- trends that may be more obscured with more pathy meant “hearing their [student’s] stories”

30 Harvard Kennedy School Journal of Hispanic Policy to understand the experiences of undocu- and attitudes, the descriptive survey results mented students such as their border stories, reveal an alarming lack of awareness of policies family separation, and desire for better lives in impacting undocumented students and the the United States. Second, teacher empathy tendency for teachers—even those with more meant “knowing their rights,” which directly positive and inclusive views toward undocu- connected to teachers’ understanding (or not) mented students—held false narratives about of the sociopolitical context, including the immigrants. Three case studies of teachers policies impacting undocumented students. Ava, Amelia, and Sam115 helped fesh out the Third, the three focal teachers had budding descriptive results to deepen our understand- moral and political empathy but still at times ing of teachers’ perceptions of undocumented articulated false narratives about immigrant students in relation to their policy awareness in students and their families. This code was South Carolina. “believing in false narratives” to show that part of empathy development also meant exposing Quantitative Results these teachers’ false narratives. The results of the survey regarding teachers’ From the qualitative data analysis, I gener- awareness showed a signifcant lack of pol- ated a typology of teacher empathy that builds icy knowledge among public school teachers upon Zembylas’s previous conceptualization in the sample. This unawareness was appar- that foregrounds sociopolitical awareness and ent in all of this frst section’s items, with an moral dimensions as part of teacher empa- overall mean score of 16.85 out of 100 across thy.114 Figure 1 demonstrates how the themes the four questions. This means that teachers in the qualitative data analysis contribute selected the wrong answer most of the to a typology of teacher empathy, which is time. Table 1 shows that the majority of re- signifcant for teachers to understand in order spondents selected wrong answers on items to advocate for undocumented students. related to specifc policies that impact college Data Integration access and eligibility for in-state tuition for The fnal phase of analysis in this mixed- undocumented students. There were also two methods approach was to integrate the data questions about the restrictions for in-state and compare and contrast them to deepen the tuition for US citizens with undocumented par- understanding of the survey data with three ents and students on certain legal visas (such as focal teachers. While the survey data yielded the U visa for victims of domestic violence or an insignifcant correlation between awareness other nonimmigrant visas). Both of these groups

Figure 1. Typology of teacher empathy

“Hearing their stories” Moral Political

Conception of “Needed to know Teacher Empathy their rights”

Counter-example

Believing in false narratives

Volume 31 | 2019 31 Question False True (Incorrect I have no (Correct Answer) Answer) idea

In-state tuition regardless of 25.7% (26) 25/7% (26) 48.5% (49) immigration status

Allowed to enroll in state colleges 22.8% (23) 47.5% (48) 29.7% (30) and universites regardless of immigration status

All students with legal visas ability 9% (9) 64.4% (65) 26.7% (27) to receive in-state tuition

The impact of immigration status of 9.9% (10) 61.4% (62) 26.7% (28) one’s parents on in-state tuition

Table 1. Awareness of Immigration Restrictions of students have also been denied in-state more complex and nuanced picture of teach- tuition in the State of South Carolina. Overall, ers’ attitudes (see Table 2). For these items, none of the items in section one showed an 1 was the most exclusive position and 5 was awareness level above 26 percent. the most inclusive. For two of the items about Moreover, the lowest levels of awareness in-state tuition and state scholarships and were on the items regarding the eligibility of grants for undocumented students, teacher US citizens with undocumented parents and respondents had a more exclusive position students with certain legal visas to obtain overall (with means of 2.93 and 2.64 out of in-state tuition. Aside from the question on 5, respectively). The questions about students in-state tuition for undocumented students, with Deferred Action for Childhood Arrivals the teachers most frequently selected the status receiving in-state tuition and the right wrong choice (as compared to the correct of undocumented students to study at state response or the “I have no idea” option). The colleges and universities had more inclu- majority of respondents believed that the pol- sive responses (with means of 3.51 and 3.47 icies of South Carolina are more inclusive out of 5, respectively). Finally, the question toward immigrant students than they actually regarding how parental immigration status are. This lack of awareness is a barrier to teach- of US-citizen children affects their ability to er-empathy development because if teachers receive in-state tuition had the most inclusive hold inaccurate beliefs about the policies response, with a mean of 3.87 out of 5. There impacting undocumented students, then their was a Cronbach’s alpha of .848, which indi- advocacy efforts will be distorted or nonexis- cates a strong similarity in levels of inclusivity/ tent. It can also prevent teachers from gaining exclusivity among the different items. a sociopolitical consciousness if they already These results show that there are differing believe they are aware, which is indicated by levels of support regarding these issues. The the fact that they chose the wrong answer more frst fnding was that even though most teach- frequently than selecting “I have no idea.” ers had a more inclusive position when it The second section of the survey— came to issues like children of undocumented measuring teachers’ attitudes toward policies parents (i.e., that immigrant youth ought to regarding immigrant students—revealed a have access to rights and fnancial aid even

32 Harvard Kennedy School Journal of Hispanic Policy with undocumented parents), this positive/ inclusive attitude did not transfer to undoc- Qualitative Results umented students having access to in-state As noted earlier, survey data revealed an tuition or state fnancial aid or access to grants. alarming number of false answers from teach- The level of negative teachers’ attitudes toward ers, which is concerning because it showed inclusive rights for undocumented immi- that teachers thought they knew policies and grant students in these results are somewhat did not as indicated by the fact that they opted surprising as many of these teachers have out of choosing “I have no idea.” This led to undocumented students in their K–12 class- exploring teachers’ attitudes toward immi- rooms and seem to be aware of the barriers grant student in semi-structured interviews to these students face to access to higher educa- develop a deeper understanding of the false tion.116 These scores of teachers’ attitudes re- narratives and lack of awareness they held. veal a lack of empathy among many teachers The three focal teachers, Ava, Amelia, and toward the situations that their undocumented Samantha, worked in the district for between students face. fve and nine years and had strong relation- While the Pearson’s r correlation test was ships with the undocumented community. conducted to investigate the relationship be- Additional criteria included years teaching/ tween awareness and attitudes, there was no involved in education (5+), having English as signifcant correlation found. One of the lim- a second language (ESL)/Spanish-language itations of this portion of the study was the background with the assumption they would relatively small sample and the more categor- have more inclusive views toward immigrants, ical nature of the awareness questions (which and work with undocumented populations in were recoded into a 1–3 scale for the correla- their high schools. The dimensions of empa- tional analysis). Despite this limitation of the thy that emerged in the qualitative data anal- sample, these results still show a troubling lack ysis include “hearing their stories,” “I needed of teacher awareness of policies and the range to know their rights,” and “believing in false of attitudes toward immigrants in the state.117 narratives.” These themes provide additional

Table 2. Attitudes toward Immigration Restrictions

Item Mean Stndard Deviation 1 (Most Exlusive)- 5 (Most Inclusive)

Undocumented students’ right to study 3.47 1.4 at state colleges and universities

Undocumented students receiving 2.93 1.53 in-state tuition

Undocumented students receiving 2.64 1.43 state scholarships and grants

DACA students receiving 3.51 1.23 in-state tuition

Parents’ immigration status 3.87 1.2 affecting in-state tuition

Volume 31 | 2019 33 insight for understanding the complexity of English is seen as an impediment to survey results, including more information good test scores. There’s an overall lack about teachers’ perspectives about undocu- of understanding. mented immigrants in the state. Both of these teachers point to how undocumented students are often misunderstood Moral Dimensions of Teacher and their experiences and potential needs are Empathy ignored. Amelia explained, Many conversations with Ava involved There is very much an emphasis on her briefng me on events that youth were assimilation here rather than embracing encountering related to their immigration different cultures, exploring or learning status. All of the students in her ESL classes about other cultures. In the South, the were undocumented newcomers with sig- dominant culture/community in power nificant challenges integrating into the does not make a big effort to reach out community and feeling safe.118 Ava talked about to the Latino community (except for how other teachers expect that they “speak money-making purposes) or even really English on their frst day here” without consid- acknowledge it as part of the city’s iden- ering “all they’ve been through.” Additionally, tity. Latinos.120 Sam noted, “There’s a lot of forced immersion This understanding of systemic isolation here—a sink-or-swim mentality toward the that undocumented immigrants face in this newcomer Latino immigrants without much southern community is not something that all thought.” Due to this budding awareness from educators are aware of or acknowledge to be teachers, the importance of “hearing their a signifcant barrier and challenge to their ev- stories” emerges in order to build rapport eryday experience. This emotional and moral and empathy. Related to developing teacher understanding connects to the next emergent empathy for undocumented newcomer youth, theme of sociopolitical awareness as part of Ava said, empathy. Hearing the stories, teachers here, Political Dimensions of Teacher Empathy people in the community have negative The interviews point to understanding the comments about immigration and how larger sociopolitical context. For instance, Ava we need to stop letting immigrants in. commented on how the narrative about immi- Some of the teachers here feel that way, grants is that they “come here for a better life. too, or they just don’t know. I don’t These kids hear that school will help them. know what can be done to remove They are told to get an education,” but then blinders from teachers. Teachers refuse the “schools don’t help them.” Ava explained to acknowledge the trauma that some that she did not know the political immigra- of our recently arrived students have tion policy context when she frst started work- faced.119 ing with students. However, “all of the new Similarly, Amelia shared how teachers and students come to my room, and I needed to district employees often do not understand the know their rights so that I could help them plight of undocumented immigrant children. know their rights, especially after the elec- Amelia said, tion.” Ava’s responses speak to her belief that I think there is often this defcit men- teachers need to learn about the legal aspects tality on the part of some teachers of immigration beyond just the personal ex- and leaders. Latino students are not periences and emotional labor embedded in necessarily looked at as bilingual or hearing their stories and understanding that almost bilingual—their less-than-perfect these undocumented immigrant youth are

34 Harvard Kennedy School Journal of Hispanic Policy socially isolated. play in the academic achievement of undoc- Similarly, Sam explained the aspects of her umented immigrants when their awareness is job that do not involve teaching but rather skewed or inaccurate; even the most progres- push her to understand the rights and services sive or morally and politically empathetic edu- that undocumented immigrants need. Amelia cators like Ava, Amelia, and Sam maintain the acts as an “institutional agent,” helping stu- propensity to believe in false narratives about dents to access social capital and resources. immigrants. Below, Amelia and Sam articulate She explained, a problematic perception of the relationship Helping students with questions about between African Americans and Latinos in the community (i.e., researched pro the southern community, and a false narra- bono legal agencies for a student whose tive about the experiences of both groups.125 mom wants to divorce her husband), Amelia said, organizing some social events for I think there is some tension between students, but things like that always African Americans and Latinos here vary according to need. I feel like my because you have a community that has colleagues and I are often the students’ endured systemic disenfranchisement connection (at least initially) to local (both in term of participation in the services, culture, and resources, and we labor market and in education) for need to help them get their bearings as generations and generations, and to this best as possible.121 day have a very hard time making it to In both Ava and Sam’s work, they em- the middle class. There are faws in the bodied the emotional, moral, and political system, gatekeeping mechanisms built dimensions of empathy by understanding to keep African Americans separate the oft-held defcit mentality among other and out. Hispanic immigrants—and the teachers, the discrimination toward Latinos in majority here are undocumented— the communities, and the need to engage in moved in within the past 10–15 advocacy work beyond the traditional role of years, and again, because of faws in being an educator, i.e., delivering curriculum the system, they have very quickly and supporting academic achievement. To attained many of the things that this end, they expressed the ad hoc ways that are out of reach (or may seem) out they came to understand and learn about the of reach to the African American rights of undocumented students in order to community—jobs, housing, cars, advocate for them, which was common among accumulation of wealth. This is because teachers across this district and others in South there is an industry and employers in the Carolina.122 industry who beneft greatly from the underground (undocumented) labor Believing False Narratives market. These employers have a While on the one hand educators like those compliant labor force who will work for in this study exhibited awareness of the lives a set wage many hours above a standard of undocumented immigrants in the dis- business day. Employers don’t have to trict, at times their views and perceptions of comply with a minimum or even labor- undocumented immigrants’ experiences market-determined wage, they don’t of discrimination were skewed in that they have to pay overtime, they don’t have refected the larger racialized social structure to pay taxes, they don’t have to pay sick of the South.123,124 I share this because it re- leave/benefts, and they have a labor lates to the critical role that teachers’ attitudes force that is not going to fght for their

Volume 31 | 2019 35 rights because they are undocumented. So this benefts employers, it benefts the Data Integration and Discussion undocumented labor force because it’s Part of the endeavor in this mixed-methods better than no job at all back home, but it study has been to consider the emergent narra- hurts the African American community. tive from interrelated data sets. Fetters, Curry, I think there is resentment because it and Creswell argue, “With embedding, data is not fair. Again, these are faws in the collection and analysis link at multiple points. system that create these conditions, but Integration at the interpretation and reporting it plays out among the people who are level occurs through narrative, data transfor- fghting to make a living wage. mation, and joint display. The ft of integration Sam contributed to this discussion regard- describes the extent the qualitative and quan- ing racial tensions and the perceived labor titative fndings cohere.”129 This section shares opportunities in the community: the insights gleaned from integrated data anal- One thing the Latinos have going for ysis through a “narrative approach” that allows them is their language. We need to for a thematic discussion of teacher empathy be honing that. I had this idea to start and specifcally how awareness shapes attitudes a service learning program where the toward immigrant students.130 The results of Latino kids could read or tutor the the survey data analysis indicate that teachers younger grades at the middle school, in South Carolina were highly unaware of ed- creating a bridge. We need to create ucational restrictions toward immigrants. The workers for the district. They can use results of the qualitative data analysis suggest their Spanish for good use. emergent themes related to a new conceptual- On the surface, Sam’s idea was to promote ization of teacher empathy. This integration is access and equity for the Latinx students, important because it shows why both types of but her comments were laden with an ideol- data were used to explore the problem. While ogy that the “immigrant kids” needed to be the quantitative data revealed both the strong “workers” in order to be useful. lack of awareness among educators regarding In these excerpts, Amelia’s perspectives of educational policies for undocumented im- Latinx undocumented immigrants is that they migrant students and more nuanced results in compete for jobs and acquire more opportuni- regard to their attitudes toward these policies, ties than African Americans in this southern the qualitative data suggested that the lack of community. Despite the fact that previous awareness about immigrant students sustains research shows this to be inaccurate,126,127 it damaging attitudes in classrooms even for ed- is a troubling insight into the ways in which ucators who I thought would hold more inclu- the context of the New Latino South shapes sive views and have an increased sociopolitical awareness (or lack of) about immigrants’ lives awareness of policies and conditions impact- and how policies, including governmental re- ing undocumented students. cruitment efforts to secure the undocumented Upon the integrated data analysis, key in- Latinx workers in the South, confgured the sights about teacher empathy and specifcally labor structure. Additionally, Sam’s argument the sociopolitical awareness of teachers in that the newcomers’ language ability ought to the unique context of the New Latino South be seen as an asset was still misguided in that emerge. Qualitative data showed that there they should provide a service to the district exist layers of awareness to be acquired and rather than advocating that the district provide maintained. In other words, data demon- ESL or other services for the students, which strated the dimensions of awareness related it currently fails to do.128 to K–12 policies (i.e., how the schools do/do

36 Harvard Kennedy School Journal of Hispanic Policy not serve the undocumented students, lack ESL and other services, take English-only/ Teachers with likely more knowledge assimilationist perspectives), higher education, of immigration issues maintained a and general policy knowledge for immigrants frightening lack of policy knowledge and (i.e., legal services/rights). And yet, despite the impact of educational a baseline level of awareness for teachers in the qualitative dataset, none of the teachers policies on the undocumented immigrant could name a single policy that impacted un- community. documented immigrants (i.e., Plyler v. Doe or Deferred Action for Childhood Arrivals). political dimensions rooted in accurate policy While teachers in this study may appear to knowledge. Exposing these false narratives as have baseline knowledge or awareness that part of the conceptualization of teacher em- their students receive paperwork from immi- pathy is critical to unpack teachers’ views and gration and fear deportation, they still lacked build a type of teacher empathy that supports the ability to name policies and pointed to how undocumented students. their colleagues lacked basic understanding of Furthermore, the data here expand our accommodations for language learners. All this understanding of teacher empathy and often is to say that even in this sample, teachers with how a lack of awareness enables teachers likely more knowledge of immigration issues to buy in to false narratives saturating the maintained a frightening lack of policy knowl- current political and public discourse. The edge and the impact of educational policies teachers express generally positive attitudes on the undocumented immigrant community. toward immigrant students and recognize They pursued knowledge in some cases and the plight that accompanies their immigra- engaged in ad hoc advocacy as needed.131 tion status. However, they also elucidate that Teachers like Amelia, despite her inclusive sociopolitical awareness (i.e., awareness of views and sociopolitical awareness of the com- immigrants’ rights afforded through policies munity and district issues, still offered false and and other resources available in the commu- inaccurate narratives of labor relations and nity) enables them to become advocates for employment opportunities for the undocu- their students even though their advocacy was mented community. This was evidenced with ad hoc or on a case-by-case basis. While the the theme of believing in false narratives. In moral and political dimensions of empathy this theme, I detailed the example of Amelia refected here in the themes of “hearing their believing that undocumented immigrants stories” and “I needed to know their rights” are taking away jobs from African Americans are signifcant, there is still work to be done to in the community, a group that is/has been dispel false narratives about (un)documented marginalized in the South, and at times have immigrants and the perceptions of immi- more benefts than African Americans be- grants’ access to resources and opportunities cause they are illegally employed. This is not in and beyond school. to criticize teachers’ lack of awareness given Moreover, even though the teachers held how much work they do in the community inclusive views on immigration generally and district, but to point to the power of false and in attitudes toward immigrant students narratives and their impact on attitudes toward in their schools, some of the data revealed this population even when the most “caring” the complexity of immigrant relationships and compassionate educators are involved. with other racial minorities in the district The implications of this speak to the need and community. The data showed that for strategic empathy that includes moral and these educators’ perspectives on issues like

Volume 31 | 2019 37 multicultural education and the economic effects of immigration-enforcement regimes and The data showed that these educators’ anti-immigrant policies were shaped by the perspectives on issues like multicultural context and fraught history of the South. education and the economic effects of They are products of the South and teacher- immigration-enforcement regimes and education programs in the focal state that anti-immigrant policies were shaped by maintain both anti-immigrant sentiments and a racialized history, which inform the pro- the context and fraught history of the grams, policies, and practices. South. Connecting back to Zembylas,132,133 empathy in teacher practice needs to include moral and political dimensions. He argues Implications, Limitations, and Future that teachers must use this brand of empathy Research in strategic ways that embrace the discom- This study reveals the need for teachers to fort that ensues from expanding empathetic be aware of the policies impacting undocu- orientations to include awareness of power mented students and the social and economic dynamics that intersect with race, class, im- situations they confront. There needs to be migration status, and policy. Likewise, I found greater exploration for why this lack of aware- that these teachers acknowledged their need ness exists among educators and practical to better understand their students by recog- steps for helping teachers gain sociopolitical nizing the intersections of power, including awareness and empathy. Perhaps if schools of the process of racializing newcomers in the education, school districts, and individual New Latino South, and the oppression that schools would stress the importance of this mediated the experiences of the newcomers awareness and empathy with the same vigor as they taught. This acknowledgement refects an awareness of proper pedagogy for achieve- the strategic empathy involving power dy- ment on standardized tests, important change namics in social practices and interactions.134 could result. As Ladson-Billings stresses, However, the teachers in this study were still sometimes being a good teacher is less about operating in ad hoc rather than strategic ways doing and more about “an ethical position in their advocacy efforts. they need to take,”135 and teaching must go The narrative from data analysis and inte- beyond the role of being a tutor during class gration is complicated and troubling at best. to one that looks at the social situations and For instance, even the more enlightened and futures of the students. Related to undocu- inclusive educators in this study still hold mented students, to be effective, teachers must inaccurate or false views about the undocu- not only know about the pedagogy of teach- mented experience and yet are able to point ing language-learning students or those from out, as Amelia did, that “teachers don’t notice multicultural backgrounds but also be willing or chose not to notice the discrimination in the to enter the more tedious political and policy schools toward undocumented students.” This arena, become aware of what their students reality could be even more problematic for face, and ideally become advocates. undocumented students as discrimination and Though there was not a correlation antagonism toward them is entangled with the between awareness and attitudes in this language of legality. Thus, it is imperative that statewide study in South Carolina, it remains educators become more aware and expose the the frst of its kind at the state level. Future false narratives and discrimination, and this is research should address state-level attitudes off to a slow start in South Carolina. and awareness of teachers. Additionally,

38 Harvard Kennedy School Journal of Hispanic Policy investigating teachers’ perspectives of borders and nationalism could prove an effective I hope that this data will provide the way to uncover and mitigate bias and expand wakeup call necessary for educators and strategic empathy. In southern states such as school-based leaders in particular to South Carolina where assimilationist ideolo- support teachers so that they can better gies and racism are deeply rooted, uncovering advocate and provide the rightfully safe teachers’ biases might help transform teachers’ attitudes toward immigrant students as space for undocumented students. they start to understand and critique migration in general. Though it may be possible to immigration policies, especially those that cre- be compassionate toward an immigrant child ate educational restrictions for undocumented who you feel has no right to be in the country, youth. The fndings illustrate the various levels it may be hard to actually advocate for them of awareness that teachers hold. I argue here and understand their rights. that it is critically important to support edu- The limitations in the study relate to the rel- cators in developing this policy knowledge— atively small sample in the survey and the weak what I called sociopolitical knowledge as part correlation. I argue, though, that a sample size of strategic teacher empathy—given that the of 101 in a statewide survey is still important one place that undocumented students are and telling of broader sentiments in the state. supposed to be safe is school. I situated this And despite the insignifcant correlation, the argument within the context of the teacher- descriptive statistics revealed that teachers student relationship and the specifc focus were highly unaware of policies impacting on teacher empathy. Although empathy has undocumented students and in many cases emerged in previous scholarship, this article selected wrong answers on the survey rather expands an understanding of the concept by than just selecting “I have no idea,” which is considering its moral and political dimensions extremely troubling in that it reveals teachers as part of teacher attitudes and awareness in think they know policy. Another limitation re- this project. The article also presented the lates to the fact that I collected qualitative data counter-examples of believing in false narra- at two high schools in a larger district because tives to show how critical it is for teachers to that is where my research and faculty position unpack their views about immigrants as a step was located. The school district is allegedly toward developing accurate understandings of more progressive than the more rural districts, policies and conditions that impact immigrant so future research ought to address a broader students. qualitative sample to understand sentiments in To date, there has not been a study on more rural parts of the South. this particular aspect of teacher attitudes and awareness toward the educational rights of un- Conclusion documented students. Given the timeliness of This article was concerned with teachers’ undocumented youth experiences of racism awareness of policies that impact undocu- and nativism, it is imperative to continue to mented immigrant students. I argue that aware- interrogate how educators are falling into traps ness can infuence these attitudes, especially in of larger anti-immigrant sentiments at state the way that the teachers there have a baseline and national levels. Within the larger political awareness and still hold false narratives about climate, the changing and often contradictory immigrant populations’ access to resources positions held by the Trump administration, it and employment in the state. The fndings is even more critical that educators in partic- demonstrate teachers’ lack of awareness about ular are attuned to the effects of policies on

Volume 31 | 2019 39 undocumented students’ lives. I hope that this data will provide the wakeup call necessary for Endnotes educators and school-based leaders in partic- 1 The author acknowledges the contribution of graduate ular to support teachers through professional student William McCorkle, specifcally related to survey data collection and analysis. development on the topic so that they can 2 Sophia Rodriguez, “‘Risky’ Subject: Theorizing better advocate and provide the rightfully safe Migration as Risk and Implications for Newcomers in space for undocumented students. Schools and Societies,” European Education 50, no. 1 (2018): 6–26. Author Bio 3 Sophia Rodriguez and Timothy Monreal, “‘This State Is Racist . . ’: Policy Problematization and Undocumented Sophia Rodriguez is an assistant professor of Youth Experiences in the New Latino South,” educational foundations at the University of Educational Policy 31, no. 6 (2017): 764–800. North Carolina at Greensboro. As a sociol- 4 Sarah Gallo and Holly Link, “Exploring the ogist of education, she examines the social Borderlands: Elementary School Teachers’ Navigation and cultural contexts of education policy and of Immigration Practices in a New Latino Diaspora Community,” Journal of Latinos and Education 15, no. 3 practice and teaches graduate courses related (2016): 180–96. to immigrant youth and education, critical 5 Dafney Blanca Dabach et al., “Future Perfect?: and social theory, and research methodology. Teachers’ Expectations and Explanations of their Her two current longitudinal projects, funded Latino Immigrant Students’ Postsecondary Futures,” by the Spencer Foundation (2018–20) and the Journal of Latinos and Education 17, no. 1 (2017): 38–52. Institute for Museum and Library Services 6 Sophia Rodriguez, Timothy Monreal, and Joy (2016–19), utilize mixed-methods and ethno- Howard, “‘It’s about hearing and understanding their graphic designs to investigate how community– stories’: Teacher empathy and socio-political awareness school partnerships, teachers, and school- toward newcomer undocumented students in the based mental health professionals promote New Latino South,” Journal of Latinos and Education (2018), DOI: 10.1080/15348431.2018.1489812. equity and advocate for migrant youth. Her 7 Hereafter, when the word “policy” is used, it refers work has appeared in the peer-reviewed jour- to both federal and state policies in South Carolina. nals Educational Policy, Education Policy Teachers in this study were asked about federal policies Analysis Archives, Educational Studies, The such as Deferred Action for Childhood Arrivals (DACA). Urban Review, and The Journal of Latinos They were also asked about policies related to South Carolina through the survey items that asked them to and Education. Rodriguez received her PhD comment on whether certain restrictions existed for in cultural and educational policy studies from undocumented students such as not being able to access Loyola University Chicago. or attend higher education. 8 Jessica DeCuir-Gunby and Paul A. Schutz, Developing a Mixed Methods Proposal: A Practical Guide for Beginning Researchers (Thousand Oaks, CA: SAGE Publications, 2017). 9 The New Latino South refers to a set of states, i.e., Alabama, Georgia, North Carolina, that are considered nontraditional receiving contexts for immigrants; see Perla M. Guerrero, Nuevo South: Latinas/os, Asians, and the Remaking of Place (Austin, TX: Unversity of Texas Press, 2017); Jamie Winders and Barbara Ellen Smith, “Excepting/accepting the South: New geographics of Latino migration, new directions in Latino studies,” Latino Studies 10, no. 1–2 (2012): 220–45. 10 Rodriguez, Monreal, and Howard, “‘It’s about hearing and understanding their stories.’” 11 Michalinos Zembylas, Teaching with Emotion: A

40 Harvard Kennedy School Journal of Hispanic Policy Postmodern Enactment (Charlotte, NC: Information Age and the ethnic achievement gap.” American Educational Publishing, 2006). Research Journal 47, no. 2 (2010): 497–527. 12 Rodriguez, Monreal, and Howard, “‘It’s about hearing 26 Lisa ‘Leigh’ Patel, “In Loco Emporium: Immigrant Youth and understanding their stories.’” and Educators in the Social Contracts of Education,” 13 Diana Villiers Negroponte, “The Surge in Un Children & Society 27, no. 4 (2013): 309–20. accompanied Children from Central America: A 27 Ramona Frujia Amthor and Kevin Roxas, Humanitarian Crisis at Our Border,” Brookings “Multicultural Education and Newcomer Youth: Re- Institituion blog, 2 July 2014, accessed 2 January 2017, Imagining a More Inclusive Vision for Immigrant and https://www.brookings.edu/blog/up-front/2014/07/02/the- Refugee Students,” Educational Studies 52, no. 2 (2016): surge-in-unaccompanied-children-from-central-america- 155–76. a-humanitarian-crisis-at-our-border/. 28 Sophia Rodriguez, “The Dangers of Compassion: 14 Randy Capps, Michael Fix, and Jie Zong, “A Profle The Cultural Positioning of Refugee Students in Policy of U.S. Children with Unauthorized Immigrant and Education Research and the Impact on Teacher Parents,” Migration Policy Institute, January Education,” Knowledge Cultures 3, no. 2 (2015): 112–26. 2016, https://www.migrationpolicy.org/research/ 29 Robert Phillipson, Linguistic Imperialism Continued profle-us-children-unauthorized-immigrant-parents. (Abingdon, UK: Routledge, 2009). 15 Stephanie Kripa Cooper-Lewter, Latino Immigrant 30 Dabach et al., “Future Perfect?” Families in South Carolina (Columbia: Sisters of Charity 31 Paula J. Mellom et al., “‘They come with nothing:’ Foundation of South Carolina, 2013) [PDF fle]. How professional development in a culturally responsive 16 Sharon R. Ennis, Merarys Ríos-Vargas, and Nora G. pedagogy shapes teacher attitudes towards Latino/a Albert, “The Hispanic Population: 2010,” report number English language learners,” Teaching and Teacher C2010BR-04, United States Census Bureau, May 2011, Education 71 (2018): 98–107. https://www.census.gov/library/publications/2011/dec/ 32 Midena M. Sas, “Teacher candidates’ attitudes c2010br-04.html. toward immigration and teaching learners of English 17 Mark Hugo Lopez, “Chronicling Latinos’ diverse a second language” (PhD dissertation, University of experience in a changing America,” PowerPoint Nevada Las Vegas, 2009), https://digitalscholarship. presentation, Pew Hispanic Center, Reaching Latinos unlv.edu/cgi/viewcontent.cgi?article=1137&context Online meetup, 27 April 2011. =thesesdissertations. 18 It is of note that many of the more recently arrived 33 Anthony G. Greenwald and Linda Hamilton Krieger, undocumented young people in this larger study were “Implicity Bias: Scientifc Foundations,” California Law also unaccompanied, meaning they arrived alone to Review 94, no. 4 (2006): 945–67. the United States. As a result, their living conditions 34 Catherine Riegle-Crumb and Melissa Humphries, and overall life is highly constrained as they navigate “Exploring Bias in Math Teachers’ Perceptions of their everyday positioning of illegality and live in fear of Students’ Ability by Gender and Race/Ethnicity,” Gender deportation. & Society 26, no. 2 (2012): 290–322. 19 Lauren Heidbrink, Migrant Youth, Transnational 35 van den Bergh et al., “The implicity prejudiced Families, and the State attitudes of teachers.” Care and Contested Interests (Philadelphia: University of 36 Nora E. Hyland, “Being a Good Teacher of Black Pennsylvania Press, 2016). Students? White Teachers and Unintentional Racism,” 20 Plyler v. Doe, 457 U.S. 202 (1982). Curriculum Inquiry 35, no. 4 (2005): 429–59. 21 Sarah Pierce, “ Unaccompanied Child Migrants in 37 Ray Rist, “Student Social Class and Teacher U.S. Communities, Immigration Court, and Schools,” Expectations: The Self-Fulflling Prophecy in Ghetto Migration Policy Institute, October 2015, https://www. Education,” Harvard Educational Review 40, no. 3 migrationpolicy.org/research/unaccompanied-child- (1970): 411–51. migrants-us-communities-immigration-court-and-schools. 38 Lee Jussim, Jacquelynne Eccles, and Stephanie 22 Rodriguez and Monreal, “‘This State Is Racist . . .’” Madon, “Social Perception, Social Stereotypes, and 23 Benjamin J. Roth, “When College is Illegal: Teacher Expectations: Accuracy and the Quest for Undocumented Latino/a Youth and Mobilizing Social the Powerful Self-Fulflling Prophecy,” Advances in Support for Educational Attainment in South Carolina,” Experimental Social Psychology 28 (1996): 281–388. Journal of the Society for Social Work and Research 8, no. 39 Robert Rosenthal and Lenore Jacobson, “Pgymalion in 4 (2017): 539–61. the classroom,” The Urban Review 3, no. 1 (1968): 16–20. 24 DeCuir-Gunby and Schutz, Developing a Mixed 40 Jennifer Alvidrez and Rhona S. Weinstein, “Early Methods Proposal. teacher perceptions and later student academic 25 Linda van den Bergh et al., “The implicit prejudiced achievement,” Journal of Educational Psychology 91, no. attitudes of teachers: Relations to teacher expectations 4 (1999): 731–46.

Volume 31 | 2019 41 41 Kathryn S. Davis and David R. Dupper, “Student- 59 Dabach, “‘My Student Was Apprehended by Teacher Relationships: An Overlooked Factor in School Immigration.’” Dropout,” Journal of Human Behavior in the Social 60 Dabach, “‘My Student Was Apprehended by Environment 9, no. 1–2 (2004): 179–93. Immigration.’” 42 Jennifer Berktold, Sonya Geis, and Phillip Kaufman, 61 Rodriguez, Monreal, and Howard, “‘It’s about hearing “Subsequent Educational Attainment of High School and understanding their stories.’” Dropouts,” statistical analysis report, National Center for 62 Gallo and Link, “Exploring the Borderlands.” Education Statistics, June 1998 [PDf fle]. 63 Dabach, “‘My Student Was Apprehended by 43 Susan Stone and Meekyung Han, “Perceived school Immigration.’” environments, perceived discrimination, and school 64 Alejandro Portes and Rubén G. Rumbaut, Immigrant performance among children of Mexican immigrants,” America: A Portrait, Third Edition (Berkeley, CA: Children and Youth Services Review 27, no. 1 (2005): University of California Press, 2006). 51–66. 65 Kara Cebulko and Alexis Silver, “Navigating DACA 44 Adriana J. Umaña-Taylor et al., “Ethnic identity in Hospitable and Hostile States: State Responses and and gender as moderators of the association between Access to Membership in the Wake of Deferred Action discrimination and academic adjustment among for Childhood Arrivals,” American Behavioral Scientist Mexican-origin adolescents,” Journal of Adolescence 35, 60, no. 13 (2016): 1553–74. no. 4 (2012): 773–86. 66 Alexandra Filindra, David Blanding, and Cynthia 45 Gretchen McAllister and Jacqueline Jordan Irvine, Garcia Coll, “The Power of Context: State-Level Policies “The Role of Empathy in Teaching Culturally Diverse and Politics and the Educational Performance of the Students: A Qualitative Study of Teachers’ Beliefs,” Children of Immigrants in the United States,” Harvard Journal of Teacher Education 53, no. 5 (2002): 433–43. Educational Review 81, no. 3 (2011): 407–38. 46 McAllister and Irvine, “The Role of Empathy in 67 Ricardo D. Stanton-Salazar, “A Social Capital Teaching Culturally Diverse Students,” 441. Framework for the Study of Institutional Agents and 47 Ajay Chaudry et al., Facing Our Future: Children in Their Role in the Empowerment of Low-Status Students the Aftermath of Immigration Enforcement (The Urban and Youth,” Youth & Society 43, no. 3 (2011): 1066–109. Institute, 2010) [PDF fle]. 68 Emily R. Crawford, “When Boundaries Around the 48 Elaine C. Allard, “Undocumented Status and ‘Secret’ are Tested: A School Community Response to Schooling for Newer Teens,” Harvard Educational the Policing of Undocumented Immigrants,” Education Review 85, no. 3 (2015): 478–501. and Urban Society 50, no. 2 (2018): 155–82. 49 Dafney Blanca Dabach, “‘I Am Not a Shelter!’: Stigma 69 Julián Jefferies, “Fear of Deportation in High School: and Social Boundaries in Teachers’ Accounts of Students’ Implications for Breaking the Circle of Silence Experience in Separate ‘Sheltered’ English Learner Surrounding Migration Status,” Journal of Latinos and Classrooms,” Journal of Education for Students Placed at Education 13, no. 4 (2014): 278–95. Risk 19, no. 2 (2014): 98–124. 70 Crawford, “When Boudaries Around the ‘Secret’ are 50 Dafney Blanca Dabach, “‘My Student Was Tested.” Apprehended by Immigration’: A Civic Teacher’s Breach 71 Dabach, “‘My Student Was Apprehended by of Silence in a Mixed-Citizenship Classroom,” Harvard Immigration.’” Educational Review 85, no. 3 (2015): 383–413. 72 Gallo and Link, “Exploring the Borderlands.” 51 Julián Jefferies and Dafney Blanca Dabach, “Breaking 73 Crawford, “When Boudaries Around the ‘Secret’ are the Silence: Facing Undocumented Issues in Teacher Tested.” Practice,” Association of American Educators Journal 8, 74 Linda Darling-Hammond, “How Teacher Education no. 1 (2014): 83–93. Matters,” Journal of Teacher Education 51, no. 3 (2000): 52 Ariana Mangual Figueroa, “Speech or Silence: 166–73. Undocumented Students’ Decisions to Disclose or 75 Nel Noddings, Caring: A Feminine Approach to Ethics Disguise Their Citizenship Status in School,” American and Moral Education (Berkeley, CA: University of Educational Research Journal 54, no. 3 (2017): 485–523. California Press, 1984). 53 Jefferies and Dabach, “Breaking the Silence.” 76 Crawford, “When Boudaries Around the ‘Secret’ are 54 Gallo and Link, “Exploring the Borderlands.” Tested.” 55 Allard, “Undocumented Status and Schooling for 77 Rodriguez, “The Dangers of Compassion.” Newer Teens.” 78 Scott A.L. Beck and Martha Allexsaht-Snider, “Recent 56 Dabach, “‘My Student Was Apprehended by Language Minority Education Policy in Georgia: Immigration.’” Appropriation, Assimilation, and Americanization,” in 57 Mangual Figueroa, “Speech or Silence.” Education in the New Latino Diaspora: Policy and the 58 Gallo and Link, “Exploring the Borderlands.” Politics of Identity, eds. Stanton Emerson Fisher Wortham,

42 Harvard Kennedy School Journal of Hispanic Policy Enrique G. Murillo, and Edmund T. Hamann (Westport, and Charles Teddlie, (Thousand Oaks, CA: SAGE CT: Ablex Publishing, 2002), 37–66. Publications, 2003), 209–40. 79 Rodriguez, Monreal, and Howard, “‘It’s about hearing 99 DeCuir-Gunby and Schutz, Developing a Mixed and understanding their stories.’” Methods Proposal. 80 To support this point, McAllister and Jordan-Irvan 100 Jennifer C. Greene, Valerie J. Caracelli, and Wendy F. report, “White preservice teachers’ empathy provided Graham, “Toward a Conceptual Framework for Mixed- a false sense of involvement that could be dangerous Method Evaluation Designs,” Educational Evaluation if they assume they know and understand their and Policy Analysis 11, no. 3 (1989): 255–74. students although they may actually have a superfcial 101 DeCuir-Gunby and Schutz, Developing a Mixed understanding.” (“The Role of Empathy in Teaching Methods Proposal, 87. Culturally Diverse Students,” 434). 102 Creswell et al., “Advanced Mixed methods Research 81 Rodriguez, Monreal, and Howard, “‘It’s about hearing Designs.” and understanding their stories.’” 103 Rodriguez, Monreal, and Howard, “‘It’s about hearing 82 Zembylas, Teaching with Emotion. and understanding their stories.’” 83 Zembylas, Teaching with Emotion, 10. 104 Zembylas, Teaching with Emotion. 84 Zembylas, Teaching with Emotion, 11. 105 Zembylas, Teaching with Emotion. 85 Mary E. Odem and Elaine Lacy, eds., Latino 106 Norma Deitch Feshbach and Seymour Feshbach, Immigrants and the Transformation of the U.S. South “Empathy and Education,” in The Neuroscience (Athens, GA: University of Georgie Press, 2009). of Empathy, eds. Jean Decety and William Ickes 86 Spencer Salas and Pedro R. Portes, eds., Us (Cambridge, MA: The MIT Press, 2009), 85–98. Latinization: Education and the New Latino South 107 Bridget Cooper, Paul Brna, and Alex Martins, (Albany, NY: SUNY Press, 2017). “Effective Affective in Intelligent Systems – Building 87 Beck and Allexsaht-Snider, “Recent Language Minority on Evidence of Empathy in Teaching and Learning,” Education Policy in Georgia.” in Affective Interactions: Towards a New Generation of 88 Marcelo M. Suárez-Orozco and Mariela Páez, Computer Interfaces (Berlin: Springer, 1999), 21–34. Latinos: Remaking America (Berkeley, CA: University of 108 Zembylas, Teaching with Emotion. California Press, 2008). 109 Greenwald and Krieger, “Implicity Bias.” 89 Rolf Straubhaar, “Student Use of Aspirational and 110 Riegle-Crumb and Humphries, “Exploring Bias in Linguistic Social Capital in an Urban Immigrant- Math Teachers’ Perceptions.” Centered English Immersion High School,” The High 111 Robert J. Fisher, “Social Desirability Bias and the School Journal 97, no. 2 (2013): 92–106. Validity of Indirect Questioning,” Journal of Consumer 90 Mellom et al., “‘They come with nothing.’” Research 20, no. 2 (1993): 303–315. 91 Guerrero, Nuevo South. 112 Though beyond the scope of this paper, the researcher 92 Sophia Rodriguez, “‘Good, deserving immigrants’ engaged in this longitudinal multi-site mixed-methods join the Tea Party: How South Carolina policy excludes study that included additional data collection procedures Latinx and undocumented immigrants from educational such as conducting semi-structured interviews with opportunity and social mobility,” Educational Policy recently arrived undocumented youth (n = 20), social Analysis Archives 26, no. 103 (2018), DOI: 10.14507/ workers (n = 5), and district employees connected with epaa.26.3636. English-language instruction in a southern city (n = 3) in 93 Michael A. Olivas, “Undocumented College Students, addition to the teachers. Each of the district employees Taxation, and Financial Aid: A Technical Note,” The were White bilingual females that served in roles such as Review of Higher Education 32, no. 3 (2009): 407–16. bilingual advocate and adult education coordinator along 94 Rodriguez, “‘Good, deserving immigrants’ join the Tea with a White male who served as the director of ESL for Party.” the district. Other district employees were recruited based 95 Roth, “When College is Illegal.” on their involvement working with ESL populations. 96 Roth, ““When College is Illegal.” The nature of these interviews related to knowledge 97 “Higher Education Issues for Immigrant Youth and US of policy and school-based personnel experience with Citizen Youth of Immigrant Parents Living in SC,” South undocumented students. Carolina Appleseed Legal Justice Center, last updated 113 Johnny Saldana, Fundamentals of Qualitatitve Research March 2015, http://www.scjustice.org/brochure/higher- (Understanding Qualitative Research), ed. Patricia Leavy education-issues-for-immigrant-youth-and-us-citizen- (New York: Oxford University Press, 2011). youth-of-immigrant-parents-living-in-sc-2/. 114 Rodriguez, Monreal, and Howard, “‘It’s about hearing 98 John W. Creswell et al., “Advanced Mixed methods and understanding their stories.’” Research Designs,” in Handbook of Mixed Methods in 115 All names in this article are pseudonyms. Social & Behavioral Research, eds. Abbas Tashakkori 116 A second curious point to make related to these

Volume 31 | 2019 43 results is that the respondents overall tended to be more for Beginning Researchers (Thousand Oaks, CA: SAGE politically liberal, with under 30 percent identifying as Publications, 2016), 119. Republican. Given these two factors, it is likely that the 131 Rodriguez, Monreal, and Howard, “‘It’s about hearing attitudes toward these items could be even lower among and understanding their stories.’” the general teacher population and the state residents as 132 Michalinos Zembylas, “Pedagogies of strategic a whole. empathy: navigating through the emotional complexities 117 Despite the insignifcant correlation between attitudes of anti-racism in higher education,” Teaching in Higher and awareness, I examined the relationship to the Education 17, no. 2 (2012): 113–25. demographic information of teachers in the sample. 133 Michalinos Zembylas, “The Emotional Complexities On all fve items related to teacher attitudes, there was a of ‘Our’ and ‘Their’ Loss: The Vicissitudes of Teaching signifcant difference (p < .05) between male and female about/for Empathy in a Conficting Society,” respondents, with female respondents having more Anthropology & Education Quaterly 22, no. 1 (2013): inclusive responses. There was no signifcant difference 19–37. based on gender for the questions regarding awareness 134 Zembylas, “Pedagogies of strategic empathy.” of state policies. Given the size of the study and the 135 Gloria Ladson-Billings, “‘Yes, But How Do We Do relatively small number of teachers from racial or ethnic It?’: Practicing Cultural Relevant Pedagogy,” in City minorities, no meaningful analysis could be conducted Kids, Ciy Schools: More Reports from the Front Row, eds. based on race or ethnicity. Not surprisingly, political William Ayers, Gloria Ladson-Billings, Gregory Michie, party, political ideology, and choice of presidential and Pedro A. Noguera (New York: The New Press, 2008), candidate in 2016 were all signifcant factors with regard 145–61. to teachers’ attitudes. 118 Rodriguez, Monreal, and Howard, “‘It’s about hearing and understanding their stories.’” 119 Interview with Ava, Sophia Rodriguez, in person, 26 January 2017. 120 Interview with Amelia, Sophia Rodriguez, in person, 19 December 2017. 121 Interview with Amelia 122 Rodriguez, Monreal, and Howard, “‘It’s about hearing and understanding their stories.’” 123 Guerrero, Nuevo South. 124 Helen B. Marrow, New Destination Dreaming: Immigration, Race, and Legal Status in the Rural American South (Stanford, CA: Stanford University Press, 2011). 125 While it is beyond the scope of the paper to delve into the race relations in the southern state, previous policy analysis shows that African American and Latinx groups are signifcantly marginalized in this southern state due to the racialized social structure, legacy of Jim Crow segregation, and the criminalization of immigrants in the South. See Rodriguez, “‘Good, deserving immgrants’ join the Tea Party.” 126 Marrow, New Destination Dreaming. 127 Vanessa Ribas, On the Line: Slaughterhouse Lives and the Making of the New South (Oakland, CA: University of California Press, 2016). 128 Rodriguez, Monreal, and Howard, “‘It’s about hearing and understanding their stories.’” 129 Michael D. Fetters, Leslie A. Curry, and John W. Creswell, “Achieving integration in mixed methods designs - Principles and practices,” Health Services Research 48 no. 6 part 2 (2013): 2134–56. 130 Jessica T. DeCuir-Gunby and Paul A. Schutz, Developing a Mixed Methods Proposal: A Practical Guide

44 Harvard Kennedy School Journal of Hispanic Policy Feature Abolishing the Toxic “Tough-on-Immigration” Paradigm

Felipe Hernández

“The greatest purveyor of violence in the Introduction world today [is] my own government.” – In October 2018, a caravan of about 7,000 Dr. Martin Luther King (1967)1 people from Central America seeking refuge from extortion, state and gang violence, Abstract femicide, and the effects of climate change This article contextualizes and examines were violently met with hundreds of Federal the tough-on-immigration paradigm that has Mexican Police forces on the Guatemala– driven both Republican and Democratic Mexico border armed with tactical gear immigration policies. First, this article traces and training largely provided by the United the evolution of the sociopolitical construct States.2,3 As if preparing for war, Trump mobi- of the undeserving criminal alien, a non- lized nearly 6,000 troops on the US–Mexico White person deemed a threat to White border, issued an executive order authorizing free personhood, to demonstrate how this military personnel to use “force [including construct legitimizes tough-on-immigration lethal force, where necessary],”4 and issued policy prescriptions. Second, the article a proclamation suspending asylum rights for demonstrates how elected offcials since the all people on the caravan because “the mass Reagan administration have crafted immi- migration of aliens with no basis for admission gration policies solely through the tough-on- . . . precipitated a crisis.”5 When the caravan immigration paradigm as a tactic to obtain arrived at San Ysidro, Customs and Border political power. Third, this article illustrates Patrol (CBP) shut down the border and fred how both political parties leading up to the rubber bullets and tear gas to prevent them 2020 presidential election continue to pre- from crossing. Meanwhile, on the US side of serve the tough-on-immigration paradigm the border, nearly 15,000 children and thou- even in opposition to the Trump adminis- sands of adults, a majority of whom are from tration. Finally, the article proposes a new Central America, were held in cages, often up reparative justice paradigm for immigration to 20 people in one, causing abuse, trauma, policy that follows the lead of organizers and and the deaths of two children.6,7,8 In the back- those directly impacted in order to address the drop, the government was shut down over root causes of human displacement. Trump’s border wall by falsely declaring that

Volume 31 | 2019 45 immigrants were fooding the border bringing center of this toxic cycle are the millions of crime, drugs, and violence.9 human beings whose dreams, hopes, and bod- While Trump’s actions against immigrants ies are bruised, abused, and disposed as if they have been overwhelming, they are not new. were meaningless byproducts of the law-and- Rather, they stem from the toxic cycle of order system of subordination.21,22 tough-on-immigration policies built across Historically, despite state repression coali- multiple administrations. This cycle uses tions of multiethnic, immigrant, and working- state-sanctioned violence such as military class peoples, particularly along border states, force, caging, and policing to separate families immigrants have successfully organized to and control displaced people as an ordinary challenge the law-and-order system to se- practice to maintain the dominant law-and- cure labor, immigrant, and civil rights and order system of subordination to divide social liberties.23 Such movements, often led by and political mobility on a global hierarchy by women and queer folx of color, have recog- race, class, gender, sexuality, and citizenship nized that struggles against prisons, police, status.10,11 The tough-on-immigration toxic state violence, capitalism, imperialism, and cycle, a global phenomenon, begins with the military occupations are inextricably linked false—but powerfully persuasive—dehumanizing narrative that “illegal (criminal) aliens,” The tough-on-immigration toxic cycle… particularly from non-European “shithole” begins with the false—but powerfully countries, are invaders threatening the eco- persuasive—dehumanizing narrative nomic, social, moral, and political interests that “illegal (criminal) aliens,” …are of the country’s citizens. Once designated as threats and undesired populations, immi- invaders threatening the economic, social, grants are systematically linked to criminality moral, and political interests of to facilitate their permanent exploitation and the country’s citizens. marginalization, positioned against a strug- gling poor White class.12 This positioning to the global immigrant struggle.24,25 Yet the then moves those with political power, i.e., dominant discourse for immigration reform is poor White class, to legitimize the use of the often presented as a binary that supports the police, prisons, and the criminal legal sys- deserving immigrant while punishing the tem to control or eliminate the “criminal undeserving “criminal alien” via increased alien.”13,14,15 Throughout this entire process, border security and detention policies.26 Such corporate shareholders, politicians, and social binary organizing has led to some temporary, elites reap massive benefts from investing in and important, wins, such as the Deferred the law-and-order system that punishes and re- Action for Childhood Arrivals (DACA) pro- moves the “criminal alien” as a means to reg- gram, the 1986 Immigration Reform and ulate a stable global supply of labor to exploit Control Act, stopping the 2005 Sensenbrenner from predominantly non-White people with Immigration Bill (H.R. 4437), suspending little to no legal and political powers to resist, Sessions’s zero-tolerance policy, sanctuary i.e., factory workers, farm laborers, and domes- bills, and various state wins. However, as legal tic workers.16 In doing so, elite corporate and scholar Angelica Chazaro recently outlined, political classes facilitate a global social strati- the binary framing has also widened who fcation by creating a race to the bottom and qualifes as the undeserving “criminal alien” social death of undesirable groups through and strengthened the deportation machine.27 state violence like private prisons or mili- Today, both parties operate solely within the tarized borders, for example.17,18,19,20 At the dominant binary evident by their immigration

46 Harvard Kennedy School Journal of Hispanic Policy policy proposals: both call for tougher bor- protect and advance all economic, civil, and der security, more funds for detention and political interests of White citizens while de- deportation, and prioritized removals of the nying, or at the expense of, noncitizens (i.e., criminal alien, despite rejecting President non-Whites).32,33 Rooted in the historical Trump’s demand for a physical border wall.28 practice of European conquest-violence and Ultimately, as immigrant-rights groups like under the doctrine of Manifest Destiny, the United We Dream have recognized, tough-on- myth of Anglo-Saxon superiority, embedded immigration politics only marginally help the in US citizenship, was created by political small portion of immigrants characterized as and economic elites to convince a majority deserving at the expense of feeding more and poor White populace that they were entitled more people designated as criminal aliens to the lands, and fruits from those lands, they through the deportation machine.29 occupied by eliminating Native Americans This article has three aims. First, it traces and non-White Mexican peoples—both the evolution of the sociopolitical construct of characterized as sub-species invaders who the undeserving criminal alien to demonstrate were inherently vicious and criminal without how it serves as the basis for the tough-on- any right to land—as well as by subjecting immigration paradigm and, thus, toxic Black people to slavery and bondage.34,35,36 immigration policies. Second, this article Accordingly, in 1798, Congress passed the demonstrates how the tough-on-immigration Alien and Sedition Acts, which made aliens paradigm continues to shape immigration “liable to be apprehended, restrained, secured, policy across both parties today. Third, this and removed” during wartime under orders of article calls for the abolition of the tough-on- the president—a precursor to Trump’s emer- immigration paradigm and highlights the gency powers.37 By the 1820s, as the United calls of organizers for a new reparative justice States occupied western Mexican and Native paradigm. This new paradigm must reconcile lands, US settlers developed a complex and how the US law-and-order capitalist system proftable system of leased convict labor in continues to produce mass global human which those labeled as noncitizens or aliens, displacement, violence, and instability, pri- overwhelmingly Native, African, mulatto, and marily from communities of color in the mestizo people, were imprisoned on public global south, for exploitative labor practices charges (e.g., sleeping on the street, requiring as well as how the criminal and immigration public assistance) or as enemies of war. This legal systems are used as a social death “purga- included criminalizing habits of immigrants tory” for people designated as undesirable or that were deemed to threaten White people, criminal aliens.30 like the Chinese Exclusion Act of 1882, which criminalized opium smoking on the notion Constructing the Threat of the Alien that it threatened the moral system of Whites Invader but also as a tactic to protect White laborers.38 In 1790, as a European settler-colonial state, Once imprisoned, criminal aliens were forced Congress established citizenship as “free to build and maintain new Western cities.39 White persons of good character” who had As more White citizens occupied these lands, resided in the United States for at least fve entire classes of people who posed a challenge years.31 This defnition was designed to ex- to this system were labeled as criminals and/ clude Native Americans and Africans who or aliens and excluded from citizenship and were freed or enslaved as well as Asian and state protection.40,41 This included anarchists, Latinx peoples, all deemed threats to freed communists and/or socialists, the poor and il- White personhood. The state’s role was to literate, racial minorities, LGBTQ people, and

Volume 31 | 2019 47 laborers from China, Southeast Asia, India, root causes of drug addiction. During Cold and the Middle East.42 War efforts, the United States intervened in At the turn of the 20th century, as the grow- Latin America, the Middle East, and East and ing capitalist society required more bodies to Southeast Asia to advance US corporate inter- exploit for proft, vast numbers of immigrant est (then extracting wealth to build White US groups were granted admission to fll the cities) through supporting brutal dictatorships necessary role for White citizens to achieve a and police and prison infrastructures and con- newly fabled American Dream mobility into a trolling fnancial and monetary policies that White middle class subsidized by high tax rates created the conditions for civil wars, gang/ and redistributive policies.43,44,45,46 Specifcally, cartel violence, human rights violations, the Immigration Act of 1924 created restrictive corrupt governance, and human displace- racial quotas, ensuring that over 90 percent of ment.54,55,56,57 As displaced people sought new arrivals were White Europeans, prevented refuge in the United States, the tough-on- immigrants from the global south countries to immigration paradigm became the ordinary enter—with the large exception of noncitizen state practice cemented into law with the goal Mexican laborers—and created the border of creating a permanent class of human capital patrol to deport non-White immigrants through to exploit to sustain US capitalist and imperi- nearly 100 years of brutality and impunity.47,48 alist goals.58,59,60 Accordingly, the United States subsidized the In all, the criminal alien invader is a ra- construction of White-fight cities for White cialized sociopolitical construct to facilitate citizens from the profts generated by exploited subjugating non-White immigrant bodies.61,62 immigrant, Black, and Native labor while also This construct is the foundation for the creating local borders that segregated immi- tough-on-immigration paradigm that causes grants and non-White people to guarantee immigrants to experience three major subju- their legal and physical exclusion from the gations: (1) they experience poverty, violence, American Dream.49,50 As demonstrated by the and displacement in their home countries Bracero Program and Operation Wetback, the largely created by interventionist policies that constant threat of physical removal, or elimi- serve capitalist interests; (2) once forced to nation, was the main state strategy to control relocate to the United States through violent an immigrant labor force and prevent labor routes, immigrant labor is exploited to build unionizing.51 When immigrant groups were wealth for predominantly White middle and deemed undesirable or a threat to Whiteness, upper classes, while immigrants are system- political and economic elites—some of atically denied the fruits of their labor; (3) if whom were openly segregationist and White deemed unnecessary, immigrants are vilifed supremacist—characterized immigrants as for the economic, cultural, and social woes hyper-violent, diseased, drug addicted, and of the United States as a method to forcibly criminal. This weaponized racial animus and remove them and to draw attention away economic instability to stir a panic of White from how governance structures and poli- extinction and, thus, legitimize state con- cies overwhelmingly serve an elite class that trol or elimination of the criminal alien.52,53 pit working-class people against one another Specifcally, the War on Drugs, created by the in a global race to the bottom.63,64 Today, this Nixon administration in the 1960s, masterfully is best exemplifed by Amazon, the fastest- developed a massive military/police, prison, growing and one of the most proftable and legal apparatus to control/eliminate the companies in the world, whose business non-White criminal alien under the veil of model relies on exploitative labor practices national security while never addressing the of undocumented immigrant and temporary

48 Harvard Kennedy School Journal of Hispanic Policy low-income workers worldwide while also de- manding mass government corporate welfare The paradigm is sustained by two that drains public resources intended to help major forces: (1) a nihilistic capitalist the poor and investing millions to deport im- system that inﬂuences the political process migrants, prevent workers from unionizing, to provide a steady stream of vulnerable and segregate cities.65,66,67,68,69 noncitizen people to exploit for proﬁt and (2) a two-party system that amasses The Tough-on-Immigration Paradigm political power by appealing to the Trump’s “Make America Great Again” “forgotten” free White person presidential campaign was a logical exten- sion of centuries of the same law-and-order politics—specifcally, the 1950s brand of by appealing to the “forgotten” free White conservatism.70 Staying true to the principles person by promising that they will achieve of Manifest Destiny, Trump painted America the fabled American Dream—built by the as being invaded by Mexicans who were “rap- “deserving” immigrant.75,76,77 ists, criminals,” and responsible for America’s Reaganomics, IRCA, and IIRIRA economic demise and positioned himself as its Following decades of cyclical economic only savior.71 He then enlisted his voters—the crises, Reaganomics revitalized the law-and- “forgotten [White] citizen”—to join him in order system by providing mass subsidies to the war to save America, build a wall, and reap multinational corporations and increasing the benefts of their future wins.72 Leading military and border patrol for interventions up to the 2018 midterm as his voters strug- in Latin America and border wars against gled fnancially, despite a $1.5 trillion welfare immigrants. Reagan’s goal was to extract subsidy for the rich, Trump and Republicans wealth globally, through multinational cor- reignited the threat narrative, manufacturing porate sharecropping, and redistribute a small a crisis that Central Americans were criminals percentage of profts to “forgotten” White “invad[ing] the US” to drain public resources citizens.78,79 However, in a race to the bot- and vote for Democrats.73 Invoking the spirit of tom, Reaganomics led to mass wage cuts/ the Alien Enemies Act of 1798, Trump vowed stagnation and job insecurity through anti- to declare a national emergency to construct a union initiatives that positioned immigrants wall that would secure America by apprehend- to replace workers for increasingly low-quality ing and removing immigrants. jobs while destabilizing Latin American and While Trump represents an explicit use of South Asian countries, causing mass displace- the tough-on-immigration paradigm, the tactic ment.80,81 In response to mass displacement, of rallying up voters by stirring fear that crim- immigrant rights groups called for compre- inal aliens are invading to harm the United hensive immigration reform. As a result, the States is not new. Historically, the criminal Immigration Reform and Control Act (IRCA) alien threat has been used as a persuasive po- provided amnesty to three million “deserving” litical tool by both parties to pass draconian undocumented immigrants with no more than tough-on-immigration measures harming three misdemeanors, such as drug offenses or all immigrants.74 The paradigm is sustained public intoxication, or a felony with proof they by two major forces: (1) a nihilistic capitalist resided in the United States since 1982.82,83 system that infuences the political process IRCA also established that immigrants who to provide a steady stream of vulnerable non- would be public charges, meaning people citizen people to exploit for proft and (2) a who could become “primarily dependent on two-party system that amasses political power the government for subsistence,” be denied

Volume 31 | 2019 49 legal status.84 Concurrently, the law strength- people who have committed crimes who are ened border security, expanded border patrol illegal immigrants.”93,94 Clinton delivered by powers, made it illegal to hire undocumented signing the Illegal Immigration Reform and laborers, and expanded the “illegal” category Immigrant Responsibility Act (IIRIRA) in to all those who entered after 1986—over six 1996, which created expedited removal pro- million people.85 ceedings, expanded mandatory detention for From 1980 to 1996, as Republicans gained more offenses (including nonviolent drug more seats from Democrats, particularly in offenses), increased border patrol, reduced southern border states, Reagan established the welfare benefts available to immigrants, modern legal and political architecture of the restricted asylum procedures, and established tough-on-immigration paradigm, often veiled procedures to verify an employee’s immigra- within the War on Drugs. This became the tion status.95 Notably, IIRIRA created the dominant political tactic for both parties to 287(g) program, which allowed local police to obtain power from a base of White voters while enforce immigration law and set the founda- serving corporate interest.86,87 For example, tion SB 1070 in Arizona, SB 4 in Texas, and George H.W. Bush signed the Immigration Georgia House Bill 87, all notorious for racially Act of 1990, which prioritized admission to profling Latinx people.96 IIRIRA, which was deserving high-skilled laborers who could heavily lobbied by private interests, ultimately contribute to economic development while passed with bipartisan support because it stiffening border security, expanding border included language that further criminalized patrol, and immigration prisons. Similarly, in and deported immigrants.97,98 Rep. Lamar 1994, California passed Proposition 187 with Smith (R-Texas), a staunch anti-immigrant a multiethnic coalition that banned undoc- conservative, lauded IIRIRA because it umented immigrants from accessing public ensured that “the forgotten Americans—the services and required that Californians report citizens who obey the law, pay their taxes, and anyone suspected of being undocumented.88,89 seek to raise their children in safety—will be The nativist campaign blamed immigrants protected from the criminals and terrorists for California’s economic troubles to divert who want to prey on them.”99 Later, Clinton attention from years of corporate subsidies and similarly boasted: “We must not tolerate illegal tax cuts for the wealthy, which led to historic immigration. Since 1992, we have increased cuts to public services.90,91 Proposition 187 our Border Patrol by over 35%; deployed un- was used by wealthy elites to “terrorize the derground sensors, infrared night scopes and low-wage workforce [overwhelmingly Latinx] encrypted radios; built miles of new fences; and into accepting even worse working conditions installed massive amounts of new lighting.”100 and even lower wages” because they could War on Terror and Obama, “Deporter in not unionize, know their rights, or demand Chief” better work conditions with the threat of After September 11, a bipartisan Congress deportation.92 and President Bush expanded the racializa- Building from Reagan’s welfare cuts and tion of the criminal alien to include Arab and national nativist sentiment, Bill Clinton cam- Muslim communities. Congress ratcheted up paigned on a tough-on-crime platform to win state surveillance, which included a manda- over moderates and nativists in California, tory registration tracking system,101 border mili- stating that he promised to “stiffen[ ] border tarization, expanded immigration detention to patrol, . . . sanctions on employers who know- black sites, and created the largest federal police ingly hire illegal immigrants, . . . get illegal force: Immigration and Customs Enforcement immigrants out of the workforce, [and] deport (ICE).102,103 The criminal alien invader now

50 Harvard Kennedy School Journal of Hispanic Policy legally included anyone suspected of terrorism or threats to national security and expanded the Obama earned the label of “deporter-in- executive branch’s power to neutralize them.104 chief” by leading the most deportations In the backdrop, Bush instituted mass tax cuts and by increasing prisons and militarized to the wealthy and sought to provide a steady borders, particularly between Mexico stream of cheap labor from immigrants. In a and Guatemala State of Union in 2008, Bush stated: “America needs to secure our borders—and with your help, my administration is taking steps to do Obama earned the label of “deporter-in-chief” so. We’re increasing worksite enforcement, de- by leading the most deportations and by ploying fences and advanced technologies to increasing prisons and militarized borders, stop illegal crossings . . . .Yet we also need to particularly between Mexico and Guatemala.112 acknowledge that we will never fully secure our A Global Paradigm border until we create a lawful way for foreign US foreign policies and politicians have ac- workers to come here and support our econ- tively exported the tough-on-immigration omy. This will take pressure off the border and toxic cycle, often folded into drug, trade, allow law enforcement to concentrate on those and security policies.113 In Europe, both bur- who mean us harm.”105 geoning wealth inequality and US/European When President Obama entered offce, interventions in the Middle East—with leg- he had virtually unchecked powers to further acies of colonization—have led to mass civil expand the tough-on-immigration paradigm wars and regional instability, causing hu- at home and abroad in light of more displace- man displacement and migration to Europe ment people and unaccompanied children through deadly routes.114 Because of the high migrating to the United States, particularly demand to enter Europe illegally, traffcking from Central America, feeing civil wars, gang cartels have risen across Europe, leading to violence, and poverty largely caused by US abuses and death.115 However, state responses interventions. Obama declared a crisis and developed within a tough-on-immigration campaigned on a “felons not families” strat- paradigm, from rightwing and moderate neo- egy to garner the support of White voters and liberal politicians, have created drastic anti- corporate interests.106,107 Congress instituted a immigrant policies, leading to militarized bor- bed quota in immigration prisons as well as ders, immigrant police forces, imprisonment expanded ICE and technology for the border (and abuses), and deportations of predomi- wall.108 Obama expanded his enforcement nantly non-White immigrants. Immigrants in authority to deport people, including for a Europe now account for over a quarter of the newly created “signifcant misdemeanors” cat- prison population.116 egory that included offenses such as DUIs.109,110 In Mexico, US foreign policies have After Congress failed to pass the DREAM Act, exported the tough-on-immigration para- the immigrant community organized to pres- digm that overwhelmingly targets Central sure Obama to scale back the deportation Americans, Native people, and those globally machine. However, since the deserving im- displaced who enter through Mexico, causing migrant category was substantially narrowed, migrants to use violent routes when heading DACA became the only politically viable toward the United States.117,118 Notably, under option, providing deferred deportation relief, the Obama administration, Mexico received limited work and education authorization, substantial fnancial and technical support and some legal protections to 7.2 percent of to militarize its Guatemalan southern border the entire undocumented population.111 In all, and train federal police forces as a method to

Volume 31 | 2019 51 prevent people from migrating to the United physically admits and removes immigrants— States.119 Since 2008, the United States has or whether it does so at all.128,129 It also has ramped up hundreds of millions of dollars the power to bestow immigrants with as many to security assistance through the Central social, political, and legal rights as it desires.130 American Security Initiative (CARSI). Most In essence, Congress can abolish the current recently, Mexican nationalists, including system and build a humane and reparative al- some militia members, violently protested and ternative. However, Congress has maintained called for the removal of Central Americans in an inhumane, punitive, exploitative, and the caravan, characterized as vagrant potheads exclusionary system for the purposes of pre- by the mayor of Tijuana and as criminal ille- serving a status quo law-and-order system that gal alien invaders by other protestors.120,121,122 uses the deserving immigrant for their labor Since migrating into the United States via and punishes the criminal alien.131 Members safe ports is made virtually impossible by the of Congress are indebted—through massive United States, drug-traffcking organizations corporate campaign fnancing from groups monopolize migration routes, leading to kid- profting from this paradigm—to preserve such nappings, extortion, forced labor, and abuse.123 a system because it is the platform upon which These conditions, caused by the tough-on- both parties build their political power.132 immigration paradigm, are what forced migrants Since the 18th century, and with Reagan’s to mobilize to the United States via a caravan. revitalization, the tough-on-immigration para- Across all cases, immigrants are character- digm has been core to appealing to the White ized as alien invaders and demonized as interest- voting base and corporate interests. Both based threats (i.e., economic and security) and parties develop immigration and economic identity-based threats to the dominant White policies within the tough-on-immigration par- citizen culture and institutions protecting that adigm, even in rhetorical rebuke to Trump, identity.124 The threat narrative is purpose- that include more militarized borders,133 ful, persuasive, and effective at maintaining family separations,134 policing,135 mandatory our current system at the expense of human detention, and deportation as well as economic suffering. Yet this same system also causes instability via massive transfers in wealth.136,137 economic, social, and environmental insta- The Democratic National Committee’s bility globally, leading to mass displacement 125 abroad. These politics create policies that set [Congress] has the power to bestow up violent infrastructures that make it diffcult immigrants with as many social, political, for displaced people to seek refuge or reject an exploitative economic order by forcing people and legal rights as it desires...Congress to choose either to stay or to traverse through can abolish the current system and build a some of world’s deadliest and most violent humane and reparative alternative. borders.126 If they do decide to seek a better life and survive the journey, they are subject position on immigration is “comprehensive to punishment through mass incarceration, immigration reform that fxes our nation’s policing, and deportation.127 broken immigration system, improves border security, prioritizes enforcement so we Preserving the Tough-on-Immigration are targeting criminals - not families,[sic] Paradigm keeps families together, and strengthens our Per the plenary power doctrine, Congress has economy.”138 The Democratic Congressional the absolute and unqualifed power to de- Campaign Committee (DCCC) position is termine the manner in which it legally and the same. DCCC Chair Rep. Ben Ray Lujan

52 Harvard Kennedy School Journal of Hispanic Policy (R-New Mexico) articulated their position— in the same way as Republicans. For example, reminiscent of Rep. Lamar Smith’s 1996 foor Rep. Chuck Schumer (D-New York) and Rep. speech—as “tough and fair and that encour- Nancy Pelosi’s (D-California) counteroffer ages people to come forward but that makes to Trump’s border wall, included in the $1.6 sure that they get in line. That they are paying billion budget bill they passed on their frst taxes. We also know that a strong comprehen- day, called for tougher (virtual) border se- sive immigration reform would be positive curity, funding for more ICE personnel and for America’s economy. That also includes equipment, and more immigration judges. investments in border security. Our candidates The bipartisan support to preserve the depor- have been clear from the very beginning that tation machine is best illustrated by H.R. 4796 they support strong policies that lead to strong, (2018), introduced by Rep. Hurd (R-Texas). smart, and fair border security policies.”139 H.R. 4796 would increase immigration judges, 2020 Democratic presiden- protect DACA, and provide tial candidates align with the All [Democratic Party] conditional permanent resi- tough-on-immigration para- dent status only to those who proposals are within digm by calling for more bor- arrived before age 18 and der security, technology, and the tough-on-immigration resided since 2013. It also mass surveillance programs paradigm. calls on DHS to deploy the (e.g. ankle monitors for asy- most practical and effective lum seekers), as well as prioritizing criminal technology available along the border and aliens or people who pose a “real threat” and creates Operation Stonegarden in DHS to offering limited relief only for deserving im- provide border security grants to law enforce- migrants.140,141,142 For example, Julian Castro’s ment agencies involved in border protection “keep families together” policy is a replica of operations.145 In all, both Democrats and Obama’s “families not felons” approach. Republicans differ little in the substance of Similarly, the Republican National their immigration policies—with the key ex- Committee’s offcial stance is that “immigrants ception of Trump’s border wall. have undeniably made great contributions to Currently, the Democratic Party is mini- our country, but any national immigration mally divided on how to approach immigration policy must put the interests of our existing between those who want limited relief only citizens frst. To start, our border must be for Dreamers and temporary protected status absolutely secured and illegal immigration (TPS) recipients and those who want more must be stopped. Then, and only then, can pathways to citizenship.146 All proposals are we begin reforming our system in a way that within the tough-on-immigration paradigm. lets new immigrants experience the American For example, while the Justice Democrats, a Dream without causing economic hardships new progressive Democrat wing, campaigned to American citizens.”143 on abolishing ICE, these members voted to While the Democratic and Republican fund it on their frst day in offce and at most parties differ in how they brand their policies, want to replace ICE by expanding the reach of both operate only within the tough-on-immi- the criminal legal system, including state and gration paradigm.144 For example, by using local policing powers, to detain and deport im- language such as “improves border security, migrants.147 They also offer a limited pathway prioritizes enforcement so we are targeting to citizenship to a limited pool of deserving criminals . . . and strengthens our economy,” immigrants (replicating Reagan’s amnesty).148 Democrats are signaling a decades-long com- Meanwhile, Democrats in state legislatures, mitment to maintain the deportation regime rather than outright ban the use of private

Volume 31 | 2019 53 prisons, only want to improve prison condi- be guided by those most directly impacted and tions, meanwhile other states ramp up baby organizations working to uplift those voices jails.149,150 In this context, Trump’s counteroffer through a reparatory justice model, such as to end the shutdown by offering limited relief the one recently articulated by the California to DACA and TPS recipients in exchange for a Immigrant Youth Justice Alliance.158 As many $5.7 billion border wall makes sense. Without scholars, organizers, and immigrants argue, any substantially different proposals from the a new paradigm must abolish the deserving– Democrats outside the tough-on-immigration undeserving binary and fully defend the “crim- paradigm, both sides are only refning who is inal alien” by challenging the underlying deserving of relief while bolstering the deporta- moral presumptions embedded in this system tion machine—which both agree in principle while still holding those who commit harms should exist but differ in how to do it: physical in our communities accountable through non- border wall versus a modern, virtual one.151 carceral and anti-violent ways. There are fragmented steps toward a new paradigm addressing root causes of displacement. Criminalizing, segregating, and For example, the progressive Congressional persecuting immigrants by placing them Caucus call for reforming US trade policies that in cages and subjecting them to state- have contributed to forced migration and to providing aid to Central American countries for sanctioned abuses is antithetical to life, community-led sustainable economic develop- liberty, and happiness ment.152,153 Sen. Kamala Harris (D-California) introduced a bill to prohibit the expansion of Recently, Michelle Alexander added that new federal immigration prisons.154 Rep. Lou in order for the United States to move to- Correa (D-California) has called, but never ward an actual humane immigration system, introduced legislation, for a new Marshall plan we must grapple with the moral contradic- to “stabilize Central America.”155 Finally, some tions embedded in the mythical notion of Democrats have suggested that an open bor- US exceptionalism, which claims that all der policy would allow people to move toward people, not just White men with property, better wages.156 are “‘created equal’ with ‘inalienable rights’ Democrats and Republicans are choosing including ‘life, liberty and the pursuit of hap- to amass political power by preserving the piness.’ As Alexander continues to say, “[but] toxic cycle of tough-on-immigration politics. [i]f this is true, on what moral grounds can Such nihilistic concept of political power lacks we greet immigrants with tear gas and lock accountability for how their politics and poli- them in for-proft detention camps, or build cies perpetuate human suffering. If Congress walls against the huddled masses yearning actually wants to address the root causes of to breathe free?” Criminalizing, segregat- human displacement, they must move to a ing, and persecuting immigrants by placing new paradigm. them in cages and subjecting them to state- sanctioned abuses is antithetical to life, lib- Toward a New Paradigm erty, and happiness. One need only listen to Our current immigration system is morally the screams of children as their parents are bankrupt. It is meant to maximize human suf- torn away from them, to the cries of mothers fering as the sole deterrent and punitive strat- sleeping on frigid concrete foors of prisons, egy to minimize, or entirely prevent, displaced or to the shouts of families waking up from peoples from seeking refuge.157 In developing nightmares of trauma to know that the US im- an alternative paradigm, policy makers must migration system has been, and is, inhumane.

54 Harvard Kennedy School Journal of Hispanic Policy The United States will never be able to fully an increasingly small elite of corporate board create an actual humane immigration system, members make decisions affecting billions of let alone achieve its mythical exceptional people, is truly democratic, just, or the best moral vision for itself, if it does not frst fully method to produce and redistribute wealth. address these inherent contradictions. It must The answer is likely no. Fourth, we must rec- come to terms with its role in destabilizing ognize that criminal legal and prison systems, regions across the world and in creating con- and the for-proft industries connected to it, ditions leading to mass violence, environ- must be abolished not only as an economically mental degradation, genocide,159 capitalist better alternative but as a moral imperative. As exploitation, fractured political systems, and many scholars, activists, and survivors have human displacement.160 demonstrated, these are systems not designed While there are various specifc policy pro- for justice or to hold people accountable for posals necessary to create a humane immigra- the harms they committed but rather designed tion system, this article seeks to provide the to control, dehumanize, and eliminate unde- framing for a new paradigm. First, we must sired peoples. As many groups have historically imagine a world beyond politically and eco- recognized, we must acknowledge that hold- nomically constructed borders. We must reject ing people accountable for the harms they a status quo where human beings are subject commit and placing someone in a cage are to criminalization, detention, and abuse but two different things. We must look toward non- capital and profts fow unrestrained. Second, carceral and anti-violent reparative practices, we must work toward a world where workers like those developed by Survived & Punished can collectively bargain internationally and and Common Justice, who have models for own means of their own production in order addressing interpersonal violence, repair- to self-determine their life as they best see ing pain, and rehabilitating those who cause ft. Interestingly, it was the Trump adminis- harm by also addressing systemic conduits to tration who demonstrated that such policy violence. Moreover, Congress must reject prescriptions are possible as evidenced in the the infuence of for-proft prisons or special United States–Mexico–Canada Agreement interests who continue to peddle tough-on- (USMCA), which in an effort to protect jobs immigration policies as a business strategy. for US workers, included minimum-wage Fifth, Congress must stop supporting policies provisions and the right for Mexican workers that militarize the border, forcing people to to unionize. Congress must take the bolder traverse violent paths, and must instead create step by moving toward an international human humane physical pathways of migration sup- right of free movement for all people, not just ported by humanitarian aid, health services, those from Western hegemonies. Such a system and legal services. Finally, Congress needs to must guarantee basic human, labor, legal, and entirely abolish the caste system created by civil rights and liberties, including the right to the legal and political construct of citizenship, vote, legal counsel, and due process. Third, all which alienates noncitizens from basic human must work toward replacing our current eco- rights of life, liberty, and pursuit of happiness nomic world order, which maintains global as well as basic legal, political, and labor caste systems of exploitation, dehumanization, rights—calling into question the current form and elimination for the self-interests of an elite of American democracy. Instead, we must few who are increasingly concentrating more view that in order to call ourselves a true de- wealth and political power in their hands. We mocracy—a system where the people self-de- need to fundamentally question whether the termine their destiny—we must allow those global capitalist system as it exists today, where most marginalized, as a precondition to truth,

Volume 31 | 2019 55 to be heard and participate in shaping our Paramount, California. As a frst-generation destiny. A real democratic dialogue requires xicano, he completed a double BA in politi- the basic affrmative ethical commitment to cal science and music performance from UC recognizing the citizenship and humanity of Irvine. In post-grad, he worked as a Fulbright those most at the margins—the more than 11 scholar in Colombia and legislative aid in million undocumented immigrants and those the California State Senate and obtained currently held in immigration prisons. dual master’s degrees in education from the Although Congress has demonstrated an University of Bristol and in evidence-based unwillingness to substantially change the social intervention and policy evaluation status quo, history has shown its willingness from the University of Oxford, both as a to respond when pressured. Evoking such a Marshall Scholar. He spent his 1L summer response from Congress will require a large- working with MALDEF on immigration pol- scale intersectional, intergenerational, global, icy advocacy and impact litigation as well and multiethnic social movement led by those as working with Improve Your Tomorrow most marginalized. Even in the face of con- (IYT) to abolish zero-tolerance policies stant state repression in the form of constant and implement restorative justice practices surveillance, policing, and detention, the across Sacramento. At HLS, Felipe is also a peoples’ movimiento will never stop.161 For ex- member of the Harvard Legal Aid Bureau, ample, the national mobilization against the Harvard Defenders, Harvard Immigration 2006 Sensenbrenner Immigration Bill (H.R. Project, Harvard BlackLetter Law Journal, 4437) and increased work raids, deportations, and Harvard Civil Rights-Civil Liberties Law and hate crimes demonstrates both the effec- Review. Felipe is interested in prison and tiveness of mass organizing but also the pitfalls police abolition and dismantling the crim- of not sustaining the movement beyond a migration system through social-movement legislative or electoral campaign, as undocu- building and community lawyering. mented people were arguably more under attack after the mass marches as anti-immigrant sentiment escalated.162 The fact remains that as long as people are kept at the margins as a necessary means to preserve a law-and-order capitalist system, human suffering will continue. But so will organized efforts to change it. If Congress truly wants to appeal to its exceptionalist moral principles, then it must abandon the tough-on- immigration paradigm. Ultimately, Congress has a choice to make in exercising the full limits of its plenary power: do they remain complicit in preserving the toxic tough-on-immigration Endnotes paradigm for the purpose of preserving polit- 1 Martin Luther King, Jr., “Beyond Vietnam — A Time ical power, or do they create an alternative to Break Silence,” Riverside Church, New York City, 4 April 1967. humane and reparative system? 2 “Mexico,” Bureau of International Narcotics and Law Enforcement Affairs (INL), US Department of State, Author Bio accessed December 10, 2018, https://www.state.gov/j/ Felipe is a second-year law student at Harvard inl/regions/westernhemisphere/219174.htm. Since Law School (HLS). He is originally from 2007, and reauthorized by Obama in 2008 and Trump

56 Harvard Kennedy School Journal of Hispanic Policy in 2017, the Merida Initiative is a US–Mexico bilateral positioned against non-white workers, the multi-axis agreement in which the United States provides military category in which most immigrants are initially placed training, resources, and intelligence support to Mexican even if they later “become” white, in a battle for pieces of military and police to “improve security, enhance the fgurative, and sometimes literal, pie.” criminal prosecutions and rule of law, build public 13 Justin Ankers Chacon and Mike Davis, No One Is confdence in the justice sector, improve border security Illegal: Fighting Racism and State Violence on the U.S.- and reduce irregular migration, and promote greater Mexico Border (Chicago: Haymarket Books, 2006). respect for human rights.” 14 García Hernández, “The Perverse Logic of Immigration 3 Adam Wernik, “Climate change is contributing to Detention,” 364. “Our nation’s passion for surveilling and the migration of Central American refugees,” Public jailing nonwhite bodies today has turned with renewed Radio International, 15 July 2018, https://www.pri. vigor toward immigrants. In a society that embraces mass org/stories/2018-07-15/climate-change-contributing- imprisonment, as does ours, imprisonment is not merely migration-central-american-refugees. an understandable component of sorting the desirable 4 Tara Golshan, “What Trump’s ‘lethal force’ from the undesirable.” authorization means at the border,” Vox, 15 Per-Olof H. Wikström, “Individuals, settings, and acts 27 November 2018, https://www.vox.com/ of crime: situational mechanisms and the explanation policy-and-politics/2018/11/27/18112610/ of crime,” in The Explanation of Crime: Context, trump-lethal-force-caravan-migrant-border-military. Mechanisms and Development, ed. Per-Olof H. 5 Donald J. Trump, “Presidential Proclamation Addressing Wilkström and Robert J. Sampson (Cambridge, UK: Mass Migration Through the Southern Border of the Cambridge University Press, 2006): 61–107. United States,” presidential proclamation, 9 November 16 Chacon and Davis, No One Is Illegal, 174. “In a 2018, https://www.whitehouse.gov/presidential-actions/ capitalist economy, the most wealthy and powerful presidential-proclamation-addressing-mass-migration- interests exert the most infuence and control over the southern-border-united-states/. offcial institutions of the state, and can therefore use the 6 John Burnett, “Almost 15,000 Migrant Children Now state as a labor supplier and regulator. Since the primary Held At Nearly Full Shelters,” NPR, 13 December 2018, desire of capitalist is to make maximum proft, they seek www.npr.org/2018/12/13/676300525/almost-15-000- the cheapest and most controllable human material to do migrant-children-now-held-at-nearly-full-shelters. their labor. Immigration laws, are therefore, necessarily 7 Francesca Paris, “8-Year-Old Migrant Boy Dies In contradictory. Initially, immigration proposals derive from Government Custody In New Mexico Hospital,” economic imperative: that is, the ratio of existing workers NPR, 25 December 2018, https://www.npr. to expected job growth determines whether there will be a org/2018/12/25/680066848/8-year-old-migrant-boy-dies- walls-up or doors-open policy. They take further political in-government-custody-in-new-mexico-hospital. shape on the basis of how imported labor can be separated, 8 David A. Graham, “Are Children Being Kept in controlled, or used as a wedge against existing labor ‘Cages’ at the Border?” The Atlantic, 18 June 2018, organization. Once basic core elements are established https://www.theatlantic.com/politics/archive/2018/06/ and codifed, secondary issues are negotiated with the ceci-nest-pas-une-cage/563072. representatives of civil society, which creates the illusion of 9 Aaron Rupar, “Trump’s big immigration speech was a pluralistic approach, as does the fact that capitalist work based on 2 false premises,” Vox, 9 January 2019, through interest groups and political representatives to https://www.vox.com/2019/1/8/18174669/ meet their labor needs and ensure labor passivity.” trump-speech-immigration-fact-check-border. 17 Geoff West and Alex Baumgart, “‘Zero-tolerance’ 10 Cheryl I. Harris, “Whiteness as Property,” Harvard Law immigration policy is big money for contractors, Review 106, no. 8 (1993): 1707–91. nonprofts,” OpenSecrets.org, 21 June 2018, https:// 11 Pooja Gehi, “Gendered (In)security: Migration and www.opensecrets.org/news/2018/06/zero-tolerance- Criminalization in the Security State,” Harvard Journal of immigration-is-big-money-for-contractors-nonprofts/. Law and Gender 35 (2012): 357–85. Examines how the 18 Chacon and Davis, No One Is Illegal, 195: 2014 Secure Communities Memo, which ordered ICE “Immigration policy, infuenced by issues of race, class, and DHS to prioritize deportations, disproportionately and proximity to Mexico, ultimately refects a two-track impacted queer and transgender undocumented system by which Mexican workers become segregated immigrants. and separated from the rest of the working class through 12 César Cuauhtémoc García Hernández, “The Perverse the designation of some Mexicans as ‘illegal.’ Couched Logic of Immigration Detention: Unraveling the in the language of legality, it remains a means of division Rationality of Imprisoning Immigrants Based on Markers of exclusion to better sustain the hegemony of capital of Race and Class Otherness,” Columbia Journal of over labor.” Race and Law 1, no. 3 (2012): 353. “White workers are 19 Danny Dorling, Inequality and the 1% (New York:

Volume 31 | 2019 57 Verso, 2014). “In the UK the groups most blamed for Now!” United We Dream, accessed 9 December 2018, our current woes are not the 1 per cent, but immigrants. https://action.unitedwedream.org/petitions/keep-the- Increasingly the poorest of newly arrived immigrants fall deferred-action-for-childhood-arrivals-daca-program. into the ‘human trash’ category.” “Passing permanent protection for immigrant youth in the 20 Lisa Marie Cacho, Social Death: Racialized form of a Dream Act that stays true to our values: no border Rightlessness and the Criminalization of the Unprotected wall, no more detention, no more deportations for the (New York: New York University Press, 2012). Traces the protections of those impacted. Congress needs to pass the criminalization of bodies of color, particularly African Dream Act that does not include funding for enforcement American, Southeast Asian, and Latinx, by labeling them that would endanger other immigrants. I will not put a as suspected terrorists and enemies of the state while target on my mother or others members of my community decriminalizing Whiteness to demonstrate the political, in order to get relief for immigrant youth.” legal, and social strategies used to bring about a social 30 García Hernández, “The Perverse Logic of death of these marginalized groups in an effort to protect Immigration Detention,” 358. “Prisons, then, are Whiteness. immigration law’s necessary purgatory, the physical in- 21 Nick Miroff and Robert Moore, “7-year-old migrant girl between space that must exist to facilitate the welcoming taken into Border Patrol custody dies of dehydration, embrace of the “good immigrant” and DHS’s concerted exhaustion,” The Washington Post, 13 December 2018, efforts to remove unwanted immigrants.” https://www.washingtonpost.com/ world/national- 31 1790 Naturalization Act, 1 Stat. 103 (1790). security/7-year-old-migrant-girl-taken-into-border-patrol- 32 Martha S. Jones, Birthright Citizens: A History of Race custody-dies-of-dehydration-exhaustion/2018/12/13/8909 and Rights in Antebellum America, (Cambridge, UK: e356-ff03-11e8-862a-b6a6f3ce8199_story.html?fbclid=Iw Cambridge University Press, 2018). AR00e7N9h9n3AKhhF-wgFJssHCo8Rmd8kwPsrGBf5g 33 Harris, “Whiteness as Property,” 1707–79. mdSuU_ru4JdJphCsY&noredirect= 34 Carey McWilliams, Factories in the Fields: The Story on&utm_term=.438f00fb70a0. of Migratory Farm Labor in California (Berkeley, CA: 22 John Washington, “Here Is Just Some of the Hateful University of California Press, 2000). Abuse Immigrants Face in Detention Centers,” The 35 Roxanne Dunbar-Ortiz, An Indigenous Peoples’ History Nation, 27 June 2018, https://www.thenation.com/article/ of the United States (New York: Beacon Press, 2014). just-hateful-abuse-immigrants-face-detention-centers/. 36 Reginald Horseman, Race and Manifest Destiny: The 23 Justin Akers Chacón, Radicals in the Barrio: Origins of American Racial Anglo-Saxonism (Cambridge, Magonistas, Socialists, Wobblies, and Communists in the MA: Harvard University Press, 1986). Mexican-American Working Class (Chicago: Haymarket 37 The National Archives and Records Administration, Books, 2018). Our Documents: 100 Milestone Documents from the 24 Laura Pulido, Black, Brown, Yellow, and Left: Radical National Archives (New York: Oxford University Press, Activism in Los Angeles (Berkeley, CA: University of 2003), 10. California Press, 2006). 38 Diana L. Ahmad, “Opium smoking, anti-Chinese 25 Vicki L. Ruiz, From Out of the Shadows: Mexican attitudes, and the American medical community, Women in Twentieth-Century America, Tenth Edition 1850–1890,” American Nineteenth Century History 1, (Oxford: Oxford University Press, 2008). no. 2 (2000): 53–68. 26 Daysi Diaz-Strong et al., “Commentary: Organizing 39 Robert M. Buffngton, Criminal and Citizen in Modern Tensions — From the Prison to the Military-Industrial Mexico (Lincoln, NE: University of Nebraska Press, 2000). Complex,” Social Justice 36, no. 2 (2009–2010): 73–84. 40 Mae M. Ngai, “The Architecture of Race in American “Strategies for legalization offered by the state and Immigration Law: A Reexamination of the Immigration embraced by many vulnerable communities, such as the Act of 1924,” The Journal of American History, 86, no. 1 DREAM Act, trade on tropes of ‘innocence’ and ‘merit,’ (1999): 67–92. 70: Demonstrates how “the Immigration thus reinforcing the idea that there are ‘real’ criminals and Act of 1924 comprised a constellation of reconstructed undeserving or guilty immigrants who should legitimately racial categories, in which race and nationality which be denied access to pathways for legalization.” ranked those of European descent in a hierarchy of 27Angélica Cházaro, “Challenging the ‘Criminal Alien’ desirability and constructed a white American race, in Paradigm,” UCLA Law Review 63, no. 3 (2016): 594–664. which persons of European descent shared a common 28 Niv Elis, “Senate DHS bill includes $1.6 billion for whiteness that made them distinct from those deemed ‘fencing’ on border,” The Hill, 19 June 2018, https:// to be not white. Meanwhile non-European immigrants- thehill.com/policy/fnance/appropriations/392974-senate- among them Japanese, Chinese, Mexicans, and dhs-bill-includes-16-billion-for-fencing-on-border. Filipinos-acquired ethnic and racial identities that were 29 Adrian Reyna, “To: Members of Congress, United States one and the same. The racialization of the latter groups’ Congress: Protect Immigrant Youth: Pass Dream Act national origins rendered them unalterably foreign and

58 Harvard Kennedy School Journal of Hispanic Policy unassimilable to the nation.” Cult of Brutality Since 1924,” The Intercept, 12 41 J. David Cisneros, “Contaminated Communities: January 2019, https://theintercept.com/2019/01/12/ The Metaphor of ‘Immigrant as Pollutant’ in Media border-patrol-history/. Representations of Immigration,” Rhetoric and Public 49 Rick Su, “Local Fragmentation as Immigration Affairs 11, no. 4 (2008): 569–601. Regulation,” Houston Law Review 47, no. 2 (2010): 367. 42 “Major U.S. Immigration Policies, 1790 - Present,” 50 Terry Gross, “A ‘Forgotten History’ Of How the U.S. Migration Policy Institute, March 2013, https://www. Government Segregated America,” NPR, 3 May 2017, migrationpolicy.org/research/timeline-1790. https://www.npr.org/templates/transcript/transcript. 43 The 1917 Immigration Act established literacy tests php?storyId=526655831. and taxes on immigrants to prevent undesired migrants 51 Alex Wagner, “America’s Forgotten History of Illegal from entering. However, as farmers and manufacturers Deportations,” The Atlantic, 6 March 2017, https:// needed more laborers, they lobbied Congress to allow www.theatlantic.com/politics/archive/2017/03/americas- Mexican immigrants into the United States. A cotton brutal-forgotten-history-of-illegal-deportations/517971/. company executive wrote President Woodrow Wilson, Throughout the 1920s and 30s, the United States “Personally, I believe that the Mexican laborers are the carried out a series of mass removals in the interest of solution to our common labor problem in this country. protecting employment of White Americans. In 1955, Many of their people are here, this was once part of President Eisenhower ordered Operation Wetback, their country, and they can and they will do the work.” which forcefully removed 1.3 million Mexicans, most Then after the Great Crash of 1929, nearly 2 million of whom were laborers who came through the 1942 Mexican people were deported by city, state, and federal Bracero Program. The Walter-McCarren Act of 1952 governments to Mexico by President Hoover’s “American made it a felony to import or harbor, but not to employ, jobs for real Americans” program unitl about 1936; see “illegal aliens” which allowed agribusinesses to deport Melissa Block, “Remembering California’s ‘Repatriation any immigrant at its will; see also Erin Blackmore, “The Program,’” All Things Considered, podcast audio, 2 Largest Mass Deportation in American History,” History. January 2006, https://www.npr.org/templates/story/story. com, 23 March 2018, https://www.history.com/news/ php?storyId=5079627. operation-wetback-eisenhower-1954-deportation. 44 Mike Davis, Prisoners of the American Dream: Politics 52 Charles M. Blow, “White Extinction Anxiety,” The and Economy in the History of the US Working Class New York Times, 24 June 2018, https://www.nytimes. (London: Verso, 1999). com/2018/06/24/opinion/america-white-extinction.html. 45 Anna Diamond, “The Original Meanings of the 53 Brian Resnick, “White fear of demographic change is a ‘American Dream’ and ‘America First’ Were Starkly powerful psychological force,” Vox, 28 January 2017, Different From How We Use Them Today,” Smithsonian https://www.vox.com/science- Magazine, October 2018, and-health/2017/1/26/14340542/ https://www.smithsonianmag.com/history/behold- white-fear-trump-psychology-minority-majority. america-american-dream-slogan-book-sarah-churchwell- 54 Juan Gonzalez, Harvest of Empire: A History of Latinos 180970311/#KSi3dK32ssRHQcxY.99. “‘The American in America (New York: Penguin Group, 2001). Dream’ has always been about the prospect of success, 55 Mark Tseng-Putterman, “A Century of U.S. but 100 years ago, the phrase meant the opposite of what Intervention Created the Immigration Crisis,” Medium, it does now. The original ‘American Dream’ was not a 20 June 2018, https://medium.com/s/story/timeline- dream of individual wealth; it was a dream of equality, us-intervention-central-america-a9bea9ebc148. US justice and democracy for the nation. The phrase was conducted interventions in Central America from the repurposed by each generation, until the Cold War, 1920s to 2006 to support authoritarian regimes and when it became an argument for a consumer capitalist protect corporations like the United Fruit Company. version of democracy. Our ideas about the ‘American 56 Chacón, Radicals in the Barrio. The Porfriato Dream’ froze in the 1950s. Today, it doesn’t occur to Dictatorship in Mexico in the late 19th and early 20th anybody that it could mean anything else.” century used to protect U.S. investors who owned up to 46 Richard Fry and Rakesh Kochhar, “America’s wealth 80% of Mexico’s capital interests. gap between middle-income and upper-income families 57 Michelle Chen, “How US ‘Free Trade’ Policies is widest on record,” Pew Research Center, 17 December Created the Central American Migration Crisis,” 2014, http://www.pewresearch.org/fact-tank/2014/12/17/ The Nation, 6 February 2015, https://www.thenation. wealth-gap-upper-middle-income/. com/article/how-us-free-trade-policies-created-central- 47 Kelly Lytle Hernández, Migra! A History of the U.S. american-migration-crisis/. Border Patrol (Berkeley, CA: University of California 58 Chacón, Radicals in the Barrio. Press, 2010), 103–24. 59 Ruth Gomberg-Munoz and Laura Nussbaum- 48 Gren Grandin, “The Border Patrol Has Been a Barberena, “Is Immigration Policy Labor Policy?:

Volume 31 | 2019 59 Immigration Enforcement, Undocumented Workers, and an ancestral talisman, Trump cracked the glowing amulet the State,” Human Organization 70, no. 4 (2011): 366–75. open, releasing its eldritch energies.” 60 Mary Jo Dudley, “These U.S. industries can’t 71 Rupert Neate, “Donald Trump announces work without illegal immigrants,” CBS News, 10 US presidential run with eccentric speech,” January 2019, https://www.cbsnews.com/news/ The Guardian, 16 June 2015, https://www. illegal-immigrants-us-economy-farm-workers-taxes/. theguardian.com/us-news/2015/jun/16/ 61 Ian F. Haney-Lopez, “The Social Construction of donald-trump-announces-run-president. Race: Some Observations on Illusion, Fabrication, and 72 Peter Schrag, “The Forgotten American,” Harper’s Choice,” Harvard Civil Rights and Civil Liberties Law Magazine, August 1969, 27–34. The “forgotten Review 29, no. 1 (1994). man,” coined by Peter Schrag, is the lower-middle- 62 Kevin R. Johnson, “‘Aliens’ and the U.S. Immigration class White citizen “who watches the tube, plays the Laws: The Social and Legal Construction of horses, and keeps the n****** out of his union and Nonpersons,” The University of Miami Inter-American his neighborhood. Who might vote for [Gov. George] Law Review 28, no. 2 (1996/1997) : 263–92. Wallace (but didn’t). Who cheers when the cops beat up 63 Melissa Jeanette Pujol, “The Neoliberal Construction on demonstrators. Who is free [and] white . . . .” of Immigration as Crisis” (master’s thesis, Eastern 73 CNN, “Trump on campaign ad: ‘Just telling the Kentucky University, 2015), 307, https://encompass.eku. truth’,” CNN video, 2018, https://www.cnn.com/videos/ edu/etd/307. politics/2018/11/02/trump-reaction-racist-ad-sot-west- 64 Sally Davison and George Shire, “Race, migration virginia-rally-vpx.cnn/video/playlists/this-week-in-politics/. and neoliberalism: How neoliberalism benefts from 74 Leo R. Chavez, The Latino Threat: Constructing discourses of exclusion,” Soundings 59 (2015): 81–95. Immigrants, Citizens, and the Nation (Stanford, CA: 65 Krishna Andavolu, “Permanently Temporary,” Vice Stanford University Press, 2013). News, 13 December 2013, https://www.vice.com/en_us/ 75 Cornel West, “Nihilism in America,” in Democracy article/av4vw4/permanently-temporary-0000176-v20n12. Matters: Winning the Fight Against Imperialism (New 66 Karen Hao, “Amazon is the invisible backbone behind York: Penguin Books, 2004). ICE’s immigration crackdown,” MIT Technology 76 Thomas B. Edsall, “White Identity Politics Aren’t Review, 22 October 2018, https://www.technologyreview. Going Anywhere,” The New York Times, 20 December com/s/612335/amazon-is-the-invisible-backbone-behind- 2018, https://www.nytimes.com/2018/12/20/opinion/ ices-immigration-crackdown/. trump-race-immigration-democrats.html. 67 Bryan Menegus, “Amazon’s Aggressive Anti-Union 77 John Sides, Michael Tesler, and Lynn Vavreck, Identity Tactics Revealed in Leaked 45-Minute Video,” Crisis: The 2016 Presidential Campaign and the Battle for Gizmodo, 26 September 2018, https://gizmodo.com/ the Meaning of America (Princeton: Princeton University amazons-aggressive-anti-union-tactics-revealed-in- Press, 2018). Authors argue against the prevalent idea leake-1829305201. that Trump attracted White voters who felt victimized by 68 Alexandra Staub, “Amazon’s move will gentrify loss of jobs and worries over economic insecurity, instead neighborhoods – at what social cost?” The Conversation, mounting abundant evidence for their contention that 21 November 2018, https://theconversation.com/ group identities mattered more to voters than perceptions amazons-move-will-gentrify-neighborhoods-at-what-social- of economic hardship or inequality. “Divisions centered cost-107264. on how voters felt about groups they did not belong to, 69 Emily Jane Fox, “How Amazon’s new jobs really stack including blacks, Muslims, and immigrants.” up,” CNN Business, 30 July 2013, https://money.cnn. 78 Frank Ackerman, Reaganomics: Rhetoric vs. Reality com/2013/07/30/news/companies/amazon-warehouse- (Boston: South End Press, 1982). workers/index.html. Amazon ranked 12 as the most 79 Richard E. Feinberg, “Central American Stability,” The proftable company in the world with CEO Jeff Bezos net New York Times, 26 February 1982, https://www.nytimes. worth of $160 billion and a median warehouse employee com/1982/02/26/opinion/central-american-stability. salary of $24,300. html. “The newly announced Caribbean Basin Initiative 70 Ta-Nehisi Coates, “The First White President,” The demonstrates the Administration’s conceptual boldness. Atlantic, October 2017, https://www.theatlantic.com/ The proposals seek to create a favorable climate for magazine/archive/2017/10/the-frst-white-president-ta- private investment in Central America and the Caribbean nehisi-coates/537909/. “It is often said that Trump has islands through trade preferences, incentives for foreign no real ideology, which is not true—his ideology is white investment, and increased economic assistance.” supremacy, in all its truculent and sanctimonious power . 80 Elizabeth Hinton, From the War on Poverty to the War . . . To Trump, whiteness is neither notional nor symbolic on Crime: The Making of Mass Incarceration in America but is the very core of his power. In this, Trump is not (Cambridge, MA: Harvard University Press, 2016). singular. But whereas his forebears carried whiteness like 81 James North, “How the US’s Foreign Policy Created an

60 Harvard Kennedy School Journal of Hispanic Policy Immigrant Refugee Crisis on Its Own Southern Border,” speakership/6241546526410/. In her speech, Speaker The Nation, 9 July 2014, https://www.thenation.com/ Pelosi said, “He [Reagan] said, ‘If we ever close the door article/how-uss-foreign-policy-created-immigrant-refugee- to new Americans, our leadership role in the world will crisis-its-own-southern-border/. soon be lost.’ Our common cause is to fnd and forge a 82 Immigration and National Act of 1952 § 245A (a) way forward for our country. Let us stand for the people (4)(B), 8 U.S.C. § 1255a (a)(4)(B). Under IRCA, a to promote liberty and justice for all as we pledge every felony is defned as a crime punishable by over one year day. And always, always keep our nation safe from threats imprisonment, and a misdemeanor as a crime punishable old and new, from terrorism and cyber warfare overseas by one year or less, with the following exceptions: (1) and here at home to protect and defend.” a crime punishable by fve days or less is an infraction; 88 Ruben J. Garcia, “Critical Race Theory and and (2) if a state designates an offense as a misdemeanor Proposition 187: The Racial Politics of Immigration Law,” and the sentence actually imposed was one year or less, Chicano-Latino Law Review, 17 (1995): 118–54. the offense will be treated as a misdemeanor, regardless 89 “Prop. 187 Approved in California,” Migration News of the maximum punishment allowed under state 1, no. 11 (1994), https://migration.ucdavis.edu/mn/more. law. A sentence has been imposed where execution php?id=492. White (64% in support), Hispanic (31%), of sentence is suspended, but not where imposition of Asian (57%), and African-American (52%) voters. Exit sentence is suspended. See 8 C.F.R. § 245a.1 (o), (p) poll data showed that only 40% of voters believed the and Comments, published in 53 Fed. Reg. 9, 862-4 (28 measure was racist or anti-Latinx. March 1988). 90 Michael J. New, “The Tax Revolt Turns 25,” 83 Special to the New York Times, “Amnesty: Who Is CATO Institute, 29 May 2003, https://www.cato.org/ Eligible,” The New York Times Archives, 3 November publications/commentary/tax-revolt-turns-25. “Indeed, 1986, https://www.nytimes.com/1986/11/03/us/amnesty- after California’s expenditure limit was raised in the who-is-eligible.html. early 1990s, spending soared, nearly doubling between 84 A specifc statutory provision for immigrants seeking 1990 and 2001. As a result, California has had to raise legalization under IRCA establishes a special rule for the income tax, the sales tax, and taxes on beer, wine, such individuals even if they are found, under the gasoline, and cigarettes to keep pace with these rising totality of the circumstances test, to be public charges. expenditures. In fact, during the early 1990s, Gov. Pete 8 U.S.C. § 1225a(d)(2)(B)(iii). This special rule focuses Wilson even proposed hiking taxes on snack foods. on a prospective determination that includes the “past This cycle of spending and taxing is the root cause of acceptance of public cash assistance within a history of California’s current fscal problems.” consistent employment.” Id., see also 8 C.F.R. § 245a.3(g) 91 Robert Reinhold, “California Forced to Turn to I.O.U’s,” (4)(iii). Non-cash benefts were explicitly excluded from The New York Times, 2 July 1992, https://www.nytimes. this assessment. 8 C.F.R. § 245a.1(i). com/1992/07/02/us/california-forced-to-turn-to-iou-s.html. 85 Marcel Paret, “Legality and exploitation: Immigration 92 George Lipsitz, “Immigrant Labor and Identity enforcement and the US migrant labor system,” Latino Politics,” in The Possessive Investment in Whiteness: Studies 12, no. 4 (2014): 503. “The day-to-day experience How White People Proft from Identity Politics of ‘illegality’ consists of a number of exclusions, from (Philadelphia: Temple University Press, 2006), 48–69. denied access to public spaces and services to the 93 “Prop. 187 Approved in California,” Migration News. absence of various legal protections. But perhaps the 94 Mary Pilon, “How Bill Clinton’s Welfare most important effect is the perpetual possibility of Reform Changed America,” History Stories, deportation. Though in practice the vast majority of 26 April 2018, https://www.history.com/news/ migrants are never deported, they must live and work clinton-1990s-welfare-reform-facts. under the surveillance of immigration offcials and the 95 “Major U.S. Immigration Laws, 1790 - Present,” threat of removal. Illegalization refers to the sum of these Migration Policy Institute. various effects, which constitute migrants as vulnerable 96 A. Elena Lacayo, “The Impact of Section 287(g) of outsiders within the space of the US nation-state.” the Immigration and Nationality Act on the Latino 86 John F. Cogan and David Brady, “The 1996 House Community,” National Council of La Raza, Issue Brief Elections: Reaffrming the Conservative Trend,” no. 12, 12 August 2010, http://publications.unidosus.org/ Hoover Institution, Stanford University, 1 March 1997, handle/123456789/1067. https://www.hoover.org/research/1996-house-elections- 97 Donald Kerwin, “From IIRIRA to Trump: Connecting reaffrming-conservative-trend the Dots to the Current US Immigration Policy Crisis,” 87 Clyde Hughes and Danielle Haynes, “Nancy Pelosi Journal on Migration and Human Security, DOI: quotes Ronald Reagan in return as House speaker,” 10.1177/2331502418786718. UPI, 3 January 2019, https://www.upi.com/Top_News/ 98 Margaret H. Taylor, “The Story of Demore V. US/2019/01/03/Pelosi-quotes-Reagan-in-return-to-House- Kim: Judicial Deference to Congressional Folly,” in

Volume 31 | 2019 61 Immigration Stories, David A. Martin and Peter H. 27 February 2017, https://bipartisanpolicy.org/blog/ Schuck, eds. (St Paul, MN: Foundation Press, 2005). comparing-trump-and-obamas-deportation-priorities/. 99 Congressional Record, vol. 142, H. 3605, 3617, 104th Priority 1: Persons engaged in or suspected of terrorism Congress, 2nd Session, April 18, 1996 (Mr. Smith.) or espionage, or who otherwise pose threat to national 100 Bill Clinton, Between Hope and History (New York: security; Convicted gang members; Persons apprehended Random House, 1996), 134. at the border attempting to unlawfully enter the country; 101 The National Security Entry-Exit Registration System Persons convicted of a felony (other than offenses (NSEERS) operated as a tracking program that set forth related to person’s immigration status) or aggravated registration requirements for noncitizen males 16 years felonies. Priority 2: Persons convicted of three or more and older—specifcally those who were nonimmigrants, misdemeanors (other than minor traffc offenses or such as visitors, students, green card holders, and offenses related to person’s immigration status); Persons asylum/refugee status seekers (67 Fed. Reg. 52584 [12 convicted of a signifcant misdemeanor (domestic August 2002]). This only applied to individuals from violence, sexual abuse/exploitation, burglary, unlawful Afghanistan, Algeria, Bahrain, Bangladesh, Egypt, possession or use of a gun, drug distribution or traffcking, Eritrea, Indonesia, Iran, Iraq, Jordan, Kuwait, Lebanon, DUI); Persons who entered or reentered unlawfully after Libya, Morocco, North Korea, Oman, Pakistan, Qatar, January 1, 2014; Persons who have signifcantly abused Saudi Arabia, Somalia, Sudan, Syria, Tunisia, United visa programs. Priority 3: Persons with a fnal order of Arab Emirates, and Yemen. removal issued on or after January 1, 2014.” 102 Louise A. Cainkar, Homeland Insecurity: The Arab 110 Jeh C. Johnson, Secretary, U.S. Department of American and Muslim American Experience After 9/11 Homeland Security, “Policies for the Apprehension, (New York: Russell Sage Foundation, 2009). Detention and Removal of Undocumented Immigrants,” 103 Matt Ford, “Dismantle the Department of Homeland Memorandum to Thomas S. Winkowski, R. Gil Security,” The New Republic, 21 February 2018, Kerlikowske, Leon Rodriguez, and Alan D. Bersin, https://newrepublic.com/article/147099/dismantle- 20 November 2014 [PDF fle]. Categorizing the department-homeland-security?fbclid=IwAR1KZIqfmgp second-highest priority individuals for deportation for YQw9KGH--B5xRWCBpOvB9DAO3Q06b8E3M71Xe ICE: “aliens convicted of a ‘signifcant misdemeanor,’ lwGv7KSiJdA. which for these purposes is an offense of domestic 104 Randy Capps et al., Revving Up the Deportation violence; sexual abuse or exploitation; burglary; unlawful Machinary: Enforcement under Trump and the Pushback possession or use of a frearm; drug distribution or (Washington, DC: Migration Policy Institute, 2018). traffcking; or driving under the infuence; or if not an 105 George W. Bush, President of the United States, State offense listed above, one for which the individual was of the Union Address (28 January 2008). sentenced to time in custody of 90 days or more (the 106 Jonathan Chait, “Dan Pfeiffer’s Exit Interview: sentence must involve time to be served in custody, and How the White House Learned to Be Liberal,” New does not include a suspended sentence). . . .” York Magazine, 8 March 2015, http://nymag.com/ 111 “Consideration of Deferred Action for Childhood intelligencer/2015/03/dan-pfeiffer-exit-interview.html. In Arrivals (DACA),” U.S. Citizenship & Immigration a 2015 interview with New York Magazine, Dan Pfeiffer, Services, last updated 13 September 2016, https:// a top advisor to Obama for seven years, said: “Whenever www.uscis.gov/archive/consideration-deferred-action- we contemplate bold progressive action, whether that’s childhood-arrivals-daca. In creating the application the president’s endorsement of marriage equality, or . . . process for DACA, DHS created a new crime-based on immigration . . . you get a lot of hemming and hawing category disqualifying applicants for the immigration in advance about what this is going to mean: Is this going beneft: the signifcant misdemeanor. Consideration to alienate people? Is this going to hurt the president’s of Deferred Action for Childhood Arrivals (DACA). approval ratings? What will this mean in red states?” Conviction of a felony offense, signifcant misdemeanor 107 Steve Phillips, Brown Is the New White: How the offense, or three or more other misdemeanor offenses Demographic Revolution Has Created a New American not occurring on the same date and not arising out of the Majority (New York: The New Press, 2016): 60–77. same act, omission, or scheme of misconduct precludes 108 “Immigration Detention Bed Quota Timeline,” DACA consideration. National Immigrant Justice Center, January 2017 [PDF 112 Marisa Franco and Carlos Garcia, “The Deportation fle]. In 2010, Congress enacted a bed quota that required Machine Obama Built for President Trump,” The the DHS to “maintain a level of not less than 33,400 Nation, 27 June 2016, https://www.thenation.com/article/ detention beds” per year, despite opposition from the the-deportation-machine-obama-built-for-president-trump/. immigrant community. 113 Patrick Wintour, “Hillary Clinton: Europe must curb 109 Lazaro Zamora, “Comparing Trump and Obama’s immigration to stop rightwing populists,” The Guardian, Deportation Priorities,” Bipartisan Policy Center, 22 November 2018, https://www.theguardian.com/

62 Harvard Kennedy School Journal of Hispanic Policy world/2018/nov/22/hillary-clinton-europe-must-curb- inalienable right of every sovereign and independent immigration-stop-populists-trump-brexit. nation.” 114 Reece Jones, Violent Borders: Refugees and the Right 129 Nishimura Ekiu v. United States, 142 U.S. 651, 662 to Move (New York: Verso, 2016), 1–38. (1892). Justice Gray wrote, “It is an accepted maxim 115 Louise Shelley, “Human Smuggling and Traffcking of international law, that every sovereign nation has into Europe: A Comparative Perspective,” Migration the power, as inherent in sovereignty, and essential to Policy Institute, February 2014, https://www. preservation, to forbid the entrance of foreigners within its migrationpolicy.org/research/human-smuggling-and- dominions, or to admit them only in such cases and upon traffcking-europe-comparative-perspective. such conditions as it may see ft to prescribe.” 116 Marcelo F. Aebi and Natalia Delgrande, Council 130 Natsu Taylor Saito, “Asserting Plenary Power Over of Europe Annual Penal Statistics: SPACE I – Prison the ‘Other’: Indians, Immigrants, Colonial Subjects, populations. Survey 2013 (Strasbourg: Council of and Why U.S. Jurisprudence Needs To Incorporate Europe, 2014) [PDf fle]. International Law,” Yale Law & Policy Review 20, no. 2 117 Jared P. Van Ramshorst, “Anti-Immigrant Sentiment, (2002): 427–80. Rising Populism, and the Oaxacan Trump,” Journal of 131 Fong 149 U.S. at 698. Latin American Geography 17, no. 1 (2018): 253–256. 132 In 2018, GEO Group spent $1.15 million in 118 Jones, Violent Borders, 29-47. campaign contributions and $1.17 million in lobbying 119 Jeff Abbott, “Keep Out! How the U.S. Is Militarizing efforts. In the 2016 presidential election, GEO group Mexico’s Southern Border.” The Progressive. 2 spent $3.1 million in political contributions and $3.3 October 2017, https://progressive.org/magazine/ million in lobbying, while CoreCivic spent $1 million keep-out-how-the-us-militarizes-mexico-southern-border/. in political contributions and $1.8 million in lobbying. 120 Antonio Heras and Mireya Cuéllar,“Vecinos se During the 2018 midterm elections, Henry Cuellar enfrentan a golpes con migrantes en Playas de Tijuana,” (D-Texas) received $32,400, Vicente Gonzalez (D-Texas) La Jornada Baja California, 15 November 2018, https:// received $5,000, and Democratic Committee Chairmen www.jornada.com.mx/ultimas/2018/11/15/vecinos- Ben Lujan (D-New Mexico) received $5,000 from se-enfrentan-a-golpes-con-migrantes-en-playas-de- GEO Group. In 2010, 43 percent of contributions from tijuana-7243.html. CoreCivic went to Democrats. 121 Aly Valenzuela Ávila, “Alcalde de Tijuana llama ‘vagos 133 Russell Contreras, “Why U.S. militarization y marihuanos’ a la caravana de migrantes.” Tribuna, 17 of border isn’t new,” PBS News Hour, 5 April November 2018, https://www.tribuna.com.mx/mexico/ 2018, https://www.pbs.org/newshour/nation/ Alcalde-de-Tijuana-llama-vagos-y-marihuanos-a-la- why-u-s-militarization-of-border-isnt-new. caravana-de-migrantes-20181117-0052.html. 134 Dara Lind, “What Obama did with migrant 122 VICE News, “Wildfre Body Count & School families vs. what Trump is doing,” Vox, 21 June Schooting Theater,” VICE News Tonight, HBO, aired 19 2018, https://www.vox.com/2018/6/21/17488458/ November 2018. obama-immigration-policy-family-separation-border. 123 Luis Gómez Romero, “Dozens of migrants 135 Julia Preston, “Obama Signs Border Bill to Increase disappear in Mexico as Central American caravan Surveillance,” The New York Times, 13 August pushes northward,” The Conversation, 15 November 2010, https://www.nytimes.com/2010/08/14/us/ 2018, https://theconversation.com/dozens-of-migrants- politics/14immig.html. disappear-in-mexico-as-central-american-caravan-pushes- 136 Muzaffar Chishti, Sarah Pierce, and Jessica Bolter, northward-106287. “The Obama Record on Deportations: Deporter 124 Jackie Hogan and Kristin Haltinner, “Floods, Invaders, in Chief or Not? ” Migration Policy Institute, 26 and Parasites: Immigration Threat Narratives and Right- January 2017, https://www.migrationpolicy.org/article/ Wing Populism in the USA, UK and Australia,” Journal obama-record-deportations-deporter-chief-or-not. of Intercultural Studies 36, no. 5 (2015): 520–543. 137 Stephanie Dinan, “Obama expands ICE powers 125 Chen, “How US ‘Free Trade’ Policies Created the to pursue illegal immigrants for deportation, angers Central American Migration Crisis.” activists,” The Washington Times, 1 December 2015, 126 Jones, Violent Borders, 12–28, 48-69. https://www.washingtontimes.com/news/2015/dec/1/ 127 Charis E. Kubrin, Marjorie S. Zatz, and Ramiro obama-expands-ice-powers-to-pursue-illegal-immigra/. Martínez, eds., Punishing Immigrants: Policy, Politics, and 138 “Immigration Reform,” Democratic National Injustice (New York: New York University Press, 2012). Committee, last updated 2018, https://democrats.org/ 128 Fong Yue Ting v. United States, 149 U.S. 698 (1893). issues/immigration-reform/. Justice Gray holding “The right to exclude or expel all 139 “DCCC Chair Emphasizes Democrats Position On aliens, or any class of aliens, absolutely or upon certain Immigration | Morning Joe | MSNBC,” YouTube video, conditions, in war or in peace, [is] an inherent and posted by “MSNBC,” 6 November 2018, https://www.

Volume 31 | 2019 63 youtube.com/watch?v=bl3mGnc1AJw. 150 Daniel Moattar, “Texas Detention Players Ramp Up 140 Emily Cadei, “Kamala Harris emerges as voice of Trump’s For-Proft ‘Baby Jails’,” The American Prospect, immigrant advocates in the Senate,” The Sacramento 20 December 2018, https://prospect.org/article/ Bee, published 12 January 2018, last updated 13 January texas-detention-players-ramp-trump%E2%80%99s-proft- 2018, https://www.sacbee.com/news/politics-government/ baby-jails. capitol-alert/article194282134.html. 151 Julie Hirschfeld Davis, “In Trump’s Immigration 141 Molly Hennessy-Fiske, “Immigrants object to growing Announcement, a Compromise Snubbed All Around,” use of ankle monitors after detention,” The Los Angeles The New York Times, 19 January 2019, https://www. Times, 2 August 2015, https://www.latimes.com/nation/ nytimes.com/2019/01/19/us/politics/trump-immigration- immigration/la-na-immigrant-ankle-monitors-20150802- conservatives-democrats.html. story.html. 152 Congressional Progressive Caucus, “Kids First: A 142 Tal Alexrod, “Warren: ‘We need immigration laws Response to the Southern Border Humanitarian Crisis,” that focus on people who pose a real threat’,” The U.S. House of Representatives [PDf fle]. Hill, 22 August 2018, https://thehill.com/homenews/ 153 David Sirota, “Beto O’Rourke frequently voted for senate/403183-warren-tibbetts-killing-a-reminder-to-focus- Republican legislation, analysis reveals,” The Guardian, on-people-who-pose-a-real-threat. 20 December 2018, https://www.theguardian.com/ 143 “Immigration,” Republican National Committee, last us-news/2018/dec/20/beto-orourke-congressional-votes- updated 2019, accessed 10 December 2018, https://gop. analysis-capital-and-main?fbclid=IwAR22p4JFvYuzq5O0 com/issue/immigration/. mInTe_1hALcQ6ZuWzYf3oa6i1qgszpPQRrJsuLblZJ4. 144 William Finnegan, “The Deportation Machine,” The Beto O’Rourke wants to “pass the Dream Act and ensure New Yorker, 29 April 2013, https://www.newyorker.com/ that undocumented immigrants who were brought here magazine/2013/04/29/the-deportation-machine. as children, known as Dreamers, fnd a permanent home 145 USA Act of 2018, H.R. 4796, 115th Cong. (2018). and citizenship in the US and end the militarization of 146 Priscilla Alvarez, “Don’t Bet on Comprehensive our immigration enforcement system.” Immigration Reform in the New Congress,” 154 DONE Act, S.2849, 115th Cong. (2018). The Atlantic, 24 November 2018, https:// 155 Rachel Martin, “Trump, Top Democrats to Hash Out www.theatlantic.com/politics/archive/2018/11/ Plan to Avoid Government Shutdown,” Morning Edition: democrats-are-divided-immigration-reform/576457/ NPR, 11 December 2018. 147 Scott Jay, “Abolishing ICE by Funding It,” Black 156 Douglas Schoen, “Calls for open borders wind up Rose Anarchist Federation, 8 January 2019, http:// closing doors for Democrats,” The Hill, 25 July 2018, blackrosefed.org/aoc-abolish-ice-vote/?fbclid=IwA https://thehill.com/opinion/immigration/398786-calls-for- R2GXAirnql0yOd13LRUWHsX0IW2S0AAH6yn open-borders-wind-up-closing-doors-for-democrats. AAz_pNBxNy4bVrZTyIxdMsw. 157 John Burnett, “Transcript: White House Chief Of Staff 148 “Platform for Justice,” Justice Democrats, last updated John Kelly’s Interview With NPR,” NPR, 11 May 2018, 2018, https://www.justicedemocrats.com/issues. “Abolish https://www.npr.org/2018/05/11/610116389/transcript- ICE: ICE was created in 2003 as a reaction to 9/11. white-house-chief-of-staff-john-kellys-interview-with-npr. Since then, it has turned into a state-funded terror group 158 Juan Pietro, “First We Abolish ICE,” California that regularly violates basic human rights. We don’t Immigrant Youth Justice Alliance, 2 July 2018, https:// need a special enforcement agency for undocumented ciyja.org/frst-we-abolish-ice/. immigrants. We can rely on our existing criminal justice 159 Irma Alicia Velasquez Nimatuj, “Guatemala agency to arrest those who have committed a crime, just Suffered for U.S. Foreign Policy,” The New like we did before 2003.” “Comprehensive Immigration York Times, 19 May 2013, https://www. Reform: We won’t give an inch in our opposition to nytimes.com/roomfordebate/2013/05/19/ Trump’s outrageous proposals. Ideas like a ‘total and what-guilt-does-the-us-bear-in-guatemala/ complete’ shutdown of Muslim immigration and guatemala-suffered-for-us-foreign-policy. deporting all undocumented immigrants are anathema 160 Jeff Faux, “How US Foreign policy helped create to America. We will fght for comprehensive immigration the immigration crisis,” The Nation, 18 October 2017, reform with a path to citizenship. America is a proud https://www.thenation.com/article/how-us-foreign-policy- nation of immigrants.” helped-create-the-immigration-crisis/. 149 “Assemblymember Garcia to Introduce Bill 161 Nick Pinto, “No Sanctuary,” The Intercept, 19 Mandating Standards, Services of Children’s January 2018, https://theintercept.com/2018/01/19/ Immigration Detention Facilities,” Assemblymember ice-new-sanctuary-movement-ravi-ragbir-deportation/. Cristina Garcia, 22 June 2018, https://a58.asmdc.org/e- 162 Chris Zepeda-Millán, Latino Mass Mobilization: alert/assemblymember-garcia-introduce-bill-mandating- Immigration, Racialization, and Activism. (Cambridge, standards-services-childrens-immigration. UK: Cambridge University Press, 2017).

64 Harvard Kennedy School Journal of Hispanic Policy Feature Open Borders: A Progressive Immigration Guide Star

Drew Heckman

Abstract depressing wages, or sucking social safety nets Beyond the chaos of our present historical dry, immigrants become the politically silent moment, what is the positive, progressive vi- canvas for our country’s most pressing anxiet- sion for our immigration system? This paper ies.5 In such a noxious environment, even those argues that open borders should be the nor- leading the nation’s largest immigrants’ rights mative goal guiding advocates’ work in the NGOs are hard-pressed to answer what seems immigration space. It frst examines what like a basic question: “In an ideal world, what proponents have meant by open borders and would immigration policy look like to you?”6 the most frequent types of arguments made for Their energy and resources, commendably, and against freer migration. It proceeds with concentrate on defeating the most invidious a brief overview of the world’s closest current legal and policy developments targeting immi- approximation to an open borders regime: the grants. Still, the normative underpinning of the Schengen Area. Finally, the article considers immigration dialogue, and arguably the policy potential paths forward if progressive immigra- and legal framework, is “Why anyone at all?”7 tion movements were to fully embrace open This is not the only possible, and defnitely not borders as their long-term vision. the natural, confguration for human movement on the surface of the Earth. In examin- Immigration advocates in the United States ing how arguments for freer movement have have lost control of the narrative.1 Where operated in the United States and other global promotional Immigration and Naturalization contexts, the concept of open borders emerges Service videos in the 1980s showed smiling as a useful normative guidepost for immigration newcomers waving American fags and warmly advocates to help imagine alternatives to the referred to our cultural heritage as a nation of current immigration system. immigrants,2,3 today conservative narratives— confating all types of immigration4 as clandes- The Debate around Freer Immigration tine entry by masses of Black and brown people in the US Context with nefarious intentions—control airwaves A detailed history of the global immigration and the growing populist imagination. Whether system is far outside the scope of this pa- contributing to crime, stealing nationals’ jobs, per, but there are a few historical contours

Volume 31 | 2019 65 that advocates of open borders often cite. of the open borders paradigm, including In the United States, there was effectively Darder’s, are not so much about creating a unrestricted immigration until 1885, when wildly divergent new system but instead recog- growing xenophobia and a perception that nizing the reality we currently inhabit. Chinese immigrants were stealing American “Open Borders:” What Does It Mean? jobs and adulterating its culture prompted But what would an open borders regime ac- the Chinese Exclusion Act.8 Since then, the tually entail? Though certainly some scholars United States has occasionally approved of dream of a globalist future that has moved guest worker programs to meet labor shortag- beyond the nation-state, few propose such es,9 adopted the 1980 Refugee Convention,10 a megastate as a useful conception of open and even granted undocumented young borders. Rather, under various names, includ- people temporary relief from deportation.11 ing “the Migration without Borders (MWB) However, the present moment marks one of scenario,”18 “relatively open borders,”19 “man- mounting populism and anti-immigrant rhet- aged migration,”20 or “free movement,”21 oric and legislation. This animosity may be scholars and theorists have proposed a spec- provoked in part by the reality that the United trum of policies. On one end (rarely endorsed) States is, now more than is the elimination of border ever since its inception, a In the United States, there controls altogether, allowing nation of immigrants. The was effectively unrestricted anyone to enter a territory United States was home to without inspection. Security 46.6 million migrants in immigration until 1885 concerns usually prevent this 2015, approximately one- option from gaining traction. ffth of the global migrant population and On the other end are approaches that seem more than in any other country.12 Further, only slight modifcations of the current sys- around 17 percent of the total workforce in tem: for example, allowing a large quota of the United States consists of migrants, and frst-come, frst-serve permanent entry visas approximately “5 percent of migrants in the each year with few to no restrictions. “Open U.S. workforce are in an irregular status; borders” represents a concept not tied to any having either entered the country without one package of laws or policies, but a norma- authorization or after initially entering with an tive commitment to freer human movement authorized status that later expired.”13 through geopolitical borders. As some scholars on both sides of the ideo- What are the arguments in support of this logical spectrum argue,14 the United States normative posture, which advocates freer effectively has some form of an open borders movement of people into (and out of) the regime right now. A recent, groundbreaking United States? Proponents generally frame study found that half of the attempts to enter them as responses to the most common crit- the United States without inspection are suc- icisms of immigration writ large, organized cessful.15 Further, approximately 400,000 below under: Moral and Ethical Arguments; people overstayed their visas in 2016 alone, Domestic Wages, Unemployment, and the effectively crossing the legal border between Economy Generally; Housing, Education, regular and irregular status.16 Antonia Darder and Welfare; Crime and Security; and (2011) argues that the approximately 12 mil- Cultural Integrity. lion undocumented people in the United Moral and Ethical Arguments for Freer States are essential to the functioning of the Migration economy as we know it and comprise a “de Most arguments in favor of unrestricted immi- facto guest worker” program.17 Some versions gration contain moral and ethical rationales, if

66 Harvard Kennedy School Journal of Hispanic Policy not entirely comprise them. One of the largest themes under this heading relates to the vast Many advocates seek to change the inequality in wealth and resources among normative baseline of the immigration countries that send and receive migrants. Under one theory, the inequality itself is a reason to debate from zero to all, in which the allow migrants to enter, as those who were ran- state would need to justify its exclusion domly born into a wealthy society have “greatly of each person. enhanced life chances”22 that they did nothing to earn, and restrictive immigration policies “right” versus “right.” Immigration pits morally amount to “hoarding an unfair share of free-market advocates who view it as in- resources,” violating liberal egalitarian princi- creasing the labor supply and lowering ples.23 Such arguments are bolstered by claims its price and welcome it as a stimulus that countries such as the United States have to economic growth against others con- not only contributed to the instability fueling cerned with protecting the job market migration in many parts of the world but have for indigenous workers, and particularly directly benefted from that instability.24 those who are already the most deprived. Others argue that free movement is a It also pits “humanitarians” who believe human right in and of itself, pointing to the affuent democracies have a moral obli- Universal Declaration on Human Rights’ ex- gation to provide asylum for refugees in plicit inclusion of the freedom to emigrate. need against “realists” who contend this Advocates quickly point out that without a obligation cannot be discharged because right to immigrate, such a freedom is nominal too many refugees are being produced only.25 Carens (1987) discusses the absurdity in the world at large and that a country that would result from California restricting has the right—and, some would argue, immigration of Oregonians,26 which raises even the obligation—to use immigra- questions about why we do not feel similarly tion to better itself by acquiring valuable about adjacent US and Mexican political manpower, notably trained scientists subdivisions that would more logically be con- and health providers.29 sidered a single metropolitan area but instead Zolberg’s summary provides a helpful frame are arbitrarily divided along invisible politi- for the arguments that follow, arguments that cal lines. Many advocates seek to change the are likely to gain more traction than efforts normative baseline of the immigration debate framed solely in ethical or moral terms. from zero, where it currently rests (each addi- Domestic Wages, Unemployment, and the tional immigrant being forced to justify their Economy Generally entry), to all, in which the state would need to Opponents of freer migration frequently claim justify its exclusion of each person.27 that immigrants depress nationals’ wages, steal The ethical debates around freer migra- their jobs, and generally put a strain on the tion and open borders contain all of the more economy;30 unrestricted migration would thus, topical arguments considered below, just at from this view, send these negative forces into a higher level of abstraction. And as Zolberg overdrive. However, social scientists are begin- highlights, these larger debates often “cut ning to produce harder evidence that these across the usual left–right divide, making for accusations might not only be misinformed strange political bedfellows.”28 The ideological but may state the opposite of the reality we contours thus look something like this: live in. With regard to wages and employ- Leaving aside outright xenophobes, ment, Harris (2007) provides a powerful the debate often entails a contest of review of the literature:

Volume 31 | 2019 67 A large number of studies using data their skills and invest in human capital— from the U.S. have found that increased caused by the lack of competition for their immigration has no impact or an jobs—as the “indirect costs of exclusion.”38 insignifcant impact on native wage and The fnal category involves large-scale, off- employment levels. Where there are the-books employment of immigrants without small negative effects, they tend to affect work authorization, which entails both the earlier cohorts of immigrants rather than employers’ disincentive for capital investment the historical poor of the U.S. . . . There and the employees’ forfeited contributions to is . . . much evidence that unskilled welfare schemes.39 Eliminating these “shadow immigrants do the jobs that natives, economies”40 would help migrant workers and even if unemployed, are unwilling to allow them to more fully contribute to the do; rather than compete with the native economy and society.41 population, new low-skilled immigrants The most common economic argument compete with earlier low-skilled in favor of free migration, dating back to at immigrants. Immigrants fll places not least 1919,42 is that the free movement of cap- because they are cheaper—in general, ital cannot be fully realized without the free they seem not to be—but because they movement of labor.43 Harris reports economic are the only workers available.31 estimates, recently reconfrmed with harder Other authors have backed these claims.32 data, that the gross world product could in- Harris goes on to that stress immigration likely crease by at least 50 percent and perhaps even creates jobs for the native population, whether triple if migration controls were lifted.44 Darder “supervisors and managers, skilled workers (2011) agrees that there is much to be gained and technical staff, truck drivers” or those in- economically by eliminating the border, volved in the “accommodation, furnishings, including “investment opportunities that sup- foodstuffs, [and/or] transport” industries.33 port the democratization of the economy by Immigrants also start businesses at a higher way of cooperative economic ventures rooted rate than the native-born population34 and in in the material and social needs of all people, this way directly create jobs themselves. rather than the narrow accumulative pursuits Economists of various ideological bents of transnational corporations.”45 Her view agree that restrictive immigration harms embraces a rosier outlook in which everyone the economy, with some calling migration wins46 from this new, untethered development controls “the world’s biggest economic dis- potential. It also recognizes that the United tortion.”35 This leads many to the conclusion States could not have achieved its current that “free movement is not only feasible, but level of development without its “exploitative also more effcient than restrictive/protection- de facto guest worker system, integral to the ist policies.”36 Ugur (2007) identifes three US wage-labor system.”47 categories of costs that a restrictive immigra- Housing, Education, and Welfare tion regime imposes on the United States: In the areas of housing, education, and wel- “Direct exclusion costs” represent the “non- fare, Fetzer’s (2016) examination of three productive activities” such as border patrols waves of “virtually unrestricted immigration” and controls, interior immigrant monitoring in Miami, Marseille, and Dublin proves il- and management, and enforcement; he fur- luminating. The only city that registered a ther argues that the system of “[e]xclusion rent increase from the burst of immigrants becomes less effective as it absorbs more was Marseille, which Fetzer’s research seems resources.”37 He categorizes the reduced in- to indicate owes to its status as the least- centive for native-born residents to enhance segregated city.48 In cities like Miami and

68 Harvard Kennedy School Journal of Hispanic Policy Dublin, however, where there is signifcant scholars insist that writ large, “migrants are net residential segregation, immigrants typically contributors and . . . receiving countries bene- live in neighborhoods with high proportions of ft from their presence.”54 immigrants, creating a “dual-housing market” Crime, Security, and the US–Mexico Border in which even rapid immigration produces Militarization little to no effects on most nationals’ housing The threat of crime and terrorism is usually prices.49 Darder highlights that not only do the most common and vehement objection immigrants not compete with nationals for to any version of the open borders paradigm. housing but that they also “stimulate tre- Numerous scholars have documented the mendous economic revitalization in blighted linking of immigration itself and criminality communities,”50 which could, in the long run, in the American imagination.55 Yet there are create a larger stock of housing. reasons to question these logics: Fetzer’s comparison of the three cities The relevant issue is not so much im- also found no effects on native students’ migration as “alien entries,” most of learning nor a signifcant change to class which are temporary, and much more size.51 Of course, these results are depen- numerous. It is worth noting, for exam- dent on the capacities of the relevant school ple, that none of the 9/11 perpetrators districts and the sizes of the fows under were immigrants and that despite vastly study. However, there are also arguments increased surveillance since then, only that a diverse classroom is benefcial for stu- a handful of immigrants have been sus- dent learning. A fuller review of language pected of involvement in terrorism.56 access in schools is outside the scope of this Further, there is compelling evidence to paper, but it bears noting that the wave of suggest that immigrants have a lower overall immigrants in the Miami case study were crime rate than the native-born population.57 from Cuba and had limited to no English And though Fetzer did fnd higher rates of bur- profciency. glary in the three cities he studied, he noted When it comes to accusations that immi- that immigrants themselves were the victims grants are draining welfare systems, there is a of at least some of these crimes, which the bit of ideological dissonance: how can it be data do not disaggregate.58 The most troubling that immigrants are making such heavy use statistic is Fetzer’s fnding of a higher homi- of social services if they’re comfortably em- cide rate in Miami as a result of the wave of ployed in nationals’ jobs? Migrants are more immigrants from Cuba, but he suggests that likely to be employed than the native born,52 this population was disproportionately likely to which immediately raises questions about who have criminal pasts and were for that very rea- is more dependent on social programs such as son allowed to leave (or were expelled) from unemployment benefts. Many authors stress Cuba.59 In all, then, there is no reason to think that fgures about migrants’ utilization of that immigrants as a class are disproportion- public services in isolation are meaningless ately criminal. without a concurrent comparison of what they A system of free migration, according to put into such systems. Fetzer, looking at the some scholars, could “increase the govern- total public expenditures of the localities faced ment’s respect for the civil rights of racial with unexpected migration, found that the minorities and allow law-enforcement “overall fscal impact . . . was effectively nil in authorities to focus on true threats to public Miami and Marseille, but positive in Dublin.”53 safety.”60,61 And though some maintain that It’s true that many benefts regimes are not “under a regime of free movement, interna- administered at the local level, but other tional criminal gangs are likely to have an

Volume 31 | 2019 69 easy run across countries,”62 many argue that the consequences of US prohibition in the borders and visa regimes provide little security 1920s.77,78 However, so long as migration is benefts now: viewed with a “war-like mentality,”79 militaristic The extent to which border checks border practices will remain “a new armoury to are actually an effective way to reduce supplement military means of defence.”80 different forms of criminal activity is Cultural Integrity questionable, given that transnational Many who support the idea of open borders criminal networks have sophisticated from a free-market perspective nonetheless means of evading such controls. Police oppose it out of a fear that it will dilute if not practitioners often claim that frontier destroy the cultural integrity of the United controls alone are of limited use in States. This anxiety refects a nativist ideology detecting crime, suggesting that the well defned by Zolberg: link between crime prevention and A cultural construction that views “nor- border control needs to be questioned, mal” national societies as essentially and even decoupled.63 . . . Moreover, self-contained population entities with visa requirements alone do not combat a common and fairly homogeneous an- transnational crime effectively; it would cestry, perpetuating itself exclusively by make much more sense to replace natural reproduction. In relation to this, crude distinctions between countries in immigration came to be regarded as an visa policies with closer cooperation to essentially pathogenic disturbance.81,82 target criminal activity across and within Taking seriously for a moment the idea that countries, if combating transnational the United States has one national culture that crime is really the object.64 is somehow free of international infuences, Further, militarization and violence of it remains hard to fathom the scale at which border practices are not only ineffective as se- immigration would need to occur to funda- curity measures; they directly produce harm. mentally change the character of a nation. Though many US border and enforcement Yet the belief, ethnocentric that it may be, practices are designed for “deterrence,”65 most that most people worldwide are itching at people at the border should not66 or cannot67 the opportunity to move permanently to the be deterred from entering the United States,68 United States is a common (and mistaken) and these practices thus, unsurprisingly, one.83 Scholars generally agree with the United fail.69,70 Instead, migrants rely more heavily Nations High Commissioner for Refugees on smugglers,71 take more dangerous routes (UNHCR) that “a person would not normally that contribute to rising migrant deaths,72 and abandon his home country without some become more vulnerable to sex and labor compelling reason.”84 Further, many peo- traffcking.73 According to some estimates, ple who do have compelling reasons to leave over 3,000 migrants died attempting to enter nonetheless remain in their country of origin the United States between 2006 and 2011.74 due to “administrative, fnancial, cultural, Ironically, the consequence of tougher mi- linguistic, and mental barriers,”85 as well as fam- gration policies may thus be to increase ily ties and the various other factors that keep migrants’ contact with transnational crimi- all US citizens from moving to Los Angeles, nal networks and the value of these groups’ New York, or Chicago.86 Instead, Darder and services.75 As Darder suggests, “the irrepressibil- others argue, “most people would much prefer ity of movement seems a powerful argument to remain in their own countries, on their own against state efforts to suppress it;”76 Wihtol land, in familiar surroundings, providing their de Wenden (2007) urges remembrance of children and families a decent quality of life.”87

70 Harvard Kennedy School Journal of Hispanic Policy Perhaps counterintuitively, free migration the Economic Community of West African could be the best way to achieve that ideal.88 States (ECOWAS) has also been entertaining This realization comes by addressing a motions for free movements of people, with second widespread misconception around some limited implementation.95,96 In addition immigration: that all those who do come to the to Fetzer’s examination of essentially unre- United States want to stay here permanently. stricted immigration in Marseille, Miami, and However, “[l]ow skilled workers Dublin, others have drawn who travel without families have Strict border controls then attention to the UK’s pre-1962 always tended to return [to their essentially trap people in regime, which allowed any- country of origin]; they work the United States once one from the former British abroad primarily to strengthen Empire to move to the UK they successfully enter their position at home.”89 Strict (including South Asians and border controls then essentially Caribbeans),97 to show that trap people in the United States once they such regimes have existed in the past, often to successfully enter (or overstay a visa), making the beneft of receiving societies. entry a “one-way bet”90 that compels people Still, even today “it remains that the to stay who would otherwise circulate.91 Most European experience is the most comprehen- any version of an open borders scenario would sive attempt to establish free movement in a recognize the complex and temporal nature large supranational space.”98 The best over- of people’s migration patterns and avoid these view of this regime, known as the Schengen sorts of perverse incentives. It would probably Area, comes (perhaps unsurprisingly) from also defate some of the aggressive calls for the European Commission on Migration and assimilation that seem to operate under the Home Affairs: assumption that people want to remain here. The free movement of persons is a fun- An open borders regime that allows immi- damental right guaranteed by the EU to grants to return home and decreases the its citizens. It entitles every EU citizen to between-country inequality that pushes peo- travel, work and live in any EU country ple to immigrate should do much to soothe without special formalities. Schengen nativist fears of cultural overrun. This is to say cooperation enhances this freedom by nothing of the incalculable positive cultural, enabling citizens to cross internal bor- artistic, and scientifc contributions that immi- ders without being subjected to border grants make to the United States daily.92 checks. The border-free Schengen Area guarantees free movement to more than Open Borders in Practice: 400 million EU citizens, as well as to International Examples many non-EU nationals, businessmen, Though the exit of the United Kingdom from tourists or other persons legally present the European Union has caused some to ques- on the EU territory.99 tion the future of free-movement regimes, However, critiques of the Schengen Area a broader focus reveals an ongoing commit- from an open borders perspective highlight ment to open borders despite the amplifed that it has not eliminated borders but rather voices of certain populist segments in Western pushed outward the now “sharp[er] edges countries. For example, a number of South of Europe.”100 Countries on the edges of American states have been working toward a Schengen at any given moment fnd them- regime of free movement, notably centering selves the gatekeepers of Europe and are ex- as their goal not economic development93 but pected to expend the resources necessary to the end of irregular migration.94 Similarly, actuate that responsibility.101

Volume 31 | 2019 71 Many of the anxieties that plague the US Globally Multilateral Steps toward Open imagination when it comes to freer migra- Borders tion—the headings listed in the previous The historical calls108 for a multilateral approach section—were present before the adoption to address migration (similar to gatherings to ad- of the Schengen agreement and reappear dress climate change) have received an answer: with each successive round of additions of in 2016, the International Organization for new states.102 Despite ill-informed anti-im- Migration offcially affliated with the United migrant rhetoric surrounding the Brexit vote, Nations109 and is currently leading the drafting scholars note that where short-term work of the Global Compact for Safe, Orderly, and stints may increase after these accessions, Regular Migration.110 It builds upon a number “EU enlargements generated only relatively of previous treaties and conventions concerning limited migration despite wide disparities in migration,111 but as Costa and Martin highlight, employment and income between the poorer many of the cited authorities have fewer than Mediterranean states and richer northern 50 signatories.112 Still, the Compact brought Europe.”103 This tends to support the idea of together 164 countries in December 2018 to non-legal barriers discussed above that gener- discuss their “common understanding, shared ally keep people in place. Some scholars even responsibilities, and unity of purpose” guiding fnd that permanent migration from newly a coordinated response to international migra- added states declines just after accession,104 tion.113 Though the Compact doesn’t explicitly which supports the circulation hypothesis endorse freer movement as a normative goal, discussed in the previous section. However, some see such “multilateral coordination as nativist fears of cultural threat are still present, a temporary step towards free movement that “where the ‘invasion’ is largely identifed as would smooth the transition.”114 However, the the intrusion of Islam.”105 Compact isn’t legally binding, and the United States has withdrawn from the process, prompt- Free Migration as a Normative Goal for ing several other states to do the same.115 Given Progressive Immigration Policy in the this climate, it may be more promising to United States explore regional and unilateral strategies for The United States in 2016 spent $3.8 billion freer migration. on the US Border Patrol, $13.2 billion on Regional Approaches to Open Borders Customs and Border Protection (CBP), and Another approach to open borders in the US $6.1 billion on Immigration and Customs context could be a regional agreement be- Enforcement (ICE).106 In an entirely open tween the United States, Canada, and Mexico borders scenario, nearly all of this combined akin to the EU’s Schengen Area. However, it $23.1 billion could be redirected to other pur- seems that such a “North American Union” poses, including orientation and integration has so far been raised primarily by anti- of new arrivals. Still, such total elimination of immigrant political actors as a liberal bogey- borders seems a distant (un)reality. However, man threatening American sovereignty.116 it can serve as the normative goal for pro- Still, former President of Mexico Vicente immigrant groups in the United States to Fox did say in a 2001 interview that he hoped work toward, and it has the economic, moral, for a future in which the United States and and other argumentative backing discussed Mexico could “open up that border for [the] at length above to recommend it. The most free fow of products, merchandises, [and] cap- promising avenues for freer migration can be ital as well as people.”117 Similar to a single- categorized as globally multilateral, regional, payer health care system, perhaps progres- and unilateral.107 sive pro-immigrant forces could reclaim the

72 Harvard Kennedy School Journal of Hispanic Policy concept of a North American Union, as it has much to recommend it. The proposed Safe Third Country Engineers of such an arrangement could agreement between the United address the predominant nativist fears by look- States and Mexico, which seeks ing to the formation of the EU’s Schengen to keep migrants as far as possible Area; other models of regional cooperation from US soil also exist.118 For states to join the emergent Schengen, they were required to meet certain conditions including “stable democratic taking unilateral actions to admit more for- institutions, a functioning market economy, eign-born people into its territory. Immigration and competitiveness in the single market.”119 laws and public policies may beneft from Whereas countries in Europe often share recognition that regardless of a wall, or more borders with multiple other countries, the CBP/ICE agents, or harsher political rhetoric, continental United States has only one con- people will continue to come to the United tiguous neighbor to the north and one to States without authorization. A compassion- the south. As such, the formation of a North ate policy that helps to integrate new arrivals American Union could proceed (and perhaps rather than position them for economic (and should proceed, given that most nativist fears other types of) exploitation would likely be concern Spanish-speaking southerners120) better for everyone.125 in two steps: the United States and Canada, A tactic of this approach that also applies to and then United States–Canada and Mexico. the multilateral and regional action involves Notably, Schengen allows states to reinstate in- rethinking the relationship between presence, ternal borders “where public policy or national residence, and the “political, civil, social, fam- security so require,”121 an allowance states have ily, and cultural” components of citizenship.126 utilized in the wake of terrorist attacks or in Though some pro-immigrant authors vehe- preparation for large sporting events,122 and mently oppose this approach as inherently and one that a North American agreement could inescapably discriminatory,127 others see an include. orderly and sequential granting of these rights However, the critique of Schengen would (with “civil . . . and fundamental social rights” also apply to a hypothetical North American as baseline) as a more inclusive and explicit Union, namely that borders have not been version of the system we now have:128 eliminated, but shifted, threatening to “break Such a system would ensure that migrants socioeconomic and political ties”123 between are not “rightless” (as undocumented Mexico and its neighbors. Yet, this is a poten- migrants tend to be), while enabling tial strength of the approach, as an emerging high mobility and addressing the fears of North American Union could motivate diverse nationals . . . who are reluctant to share domestic and international actors in Central their privileges with newcomers. . . . [N] America to invest in meeting its inclusion ewcomers would not have to pay for the criteria in hopes of future membership. This benefts to which they initially have no is undoubtedly better than the proposed Safe access, which would lower their labor Third Country agreement between the United costs and foster their integration in the States and Mexico, which seeks to keep labour market.129 migrants as far as possible from US soil.124 Pécoud and Guchteneire acknowledge the Unilateral Steps toward Open Borders in risk that such a piecemeal system of inclusion the United States could easily be repurposed for systematic ex- A fnal approach involves the United States clusion from important rights but see it as the

Volume 31 | 2019 73 most workable compromise between fercely progressive wage scheme where new arrivals opposed interests.130 Some have named frst receive such a wage but eventually achieve such a system of in-between citizenship entitlement to wage parity with nationals “denizenship.”131 (which may be at achievement of citizenship, Under such a regime, the border could be- permanent resident status, or some other mile- come, instead of a site of exclusion, a site of stone of “denizenship.”) Another controversial orderly inclusion, whereby all migrants—bar- but potential policy compromise could be ring some exceptional circumstance132—are some form of taxes on these wages that sup- admitted, registered, and provided with identi- port infrastructure, services, and/or cultural fcation133 that can allow them to work legally exchange in host localities; such a measure as well as information and resources that will could help nationals recognize migrants as the help them succeed in their new environment. assets they are and lead communities to seek This scenario eliminates the incentive for more newcomers. Other proposals specifcally inspection without entry and speaks more to targeting migrant workers in a free-migration Carens’s idea of “relatively” open borders,134 system include “paying part of the wage in Ghosh’s “managed migration,”135 Ugur’s “free a cumulative sum in the home currency on entry of migrants with legitimate purposes,”136 their return (or possibly adding a bonus and/ or Zolberg’s “automobile traffc control” or refunded social security funds)” and “aid ethos.137 In such a world, checkpoints at land programmes fnancing training and offering borders would more closely resemble those for business start-up funds on return.”141 An imagi- tourists at airports. Though some lament the native approach to any version of open borders lost distinction between asylum seekers and can generate countless possibilities. other migrants that could result from such an approach, others question the utility of a such Conclusion a rigid binary at all and lament the increasing For most of human history, there have been tendency for receiving states to treat asylum no impermeable political borders. Even now, claims as presumptively fraudulent.138 the United States has a border that is, for As in a regional strategy, borders could frst all intents and purposes, already somewhat be relaxed at the US–Canada line to build po- open. However, rather than attempt to stem litical will for free movement and allay critics’ an unstoppable fow of people and waste fears. Such a regime could also allow for (and billions of dollars in the process, the United perhaps should be preceded by) large-scale States could embrace what immigrants have status regularization of existing undocumented to offer and facilitate their orderly inclusion residents. Other countries’ experiences in this into society. According to some, the United domain139 would prove instructive. Open ac- States has a moral and ethical obligation to cess to regularization and work authorization allow more foreign-born people to enter. The would also make punishment of employers research that exists on unrestricted migration who exploit undocumented workers more po- shows little to no negative effects on the citi- litically and operationally feasible.140 zens of receiving countries—neither through Though controversial, some pro-immigrant wages, nor housing costs, unemployment, or advocates argue for wages for temporary mi- strain on public goods such as welfare or ed- grant workers that are lower than domestic ucation. In fact, an embrace of immigrants workers’ wages but higher than what undoc- could bring economic prosperity for all. Major umented workers make now, and likely much challenges to those seeking freer migration higher than wages (if any) attainable in the include delinking security and immigration in sending country. It’s possible to imagine a the popular imagination, as well as addressing

74 Harvard Kennedy School Journal of Hispanic Policy the cultural-integrity concerns undergirded— sometimes explicitly—by racial anxiety. Despite the current administration’s blan- ketly xenophobic attitudes,142 there are large swaths of the US population committed to Zolberg’s “cosmopolitanism”143 and to the many benefts that freer migration could bring. Though open borders may now sound like an unachievable utopia in the United States, the successes of free movement in the Schengen Area and emerging developments in other parts of the world remind us that we get to decide how our society—and our societies—are confgured. Given the strength of arguments supporting open borders and the increasing global interest in freer migration, Zolberg may have been prescient in asking “Why not the whole world?”144 As we gain greater empirical evidence of the benefts of freer migration in the not-so-distant future, we may look back and ask, “Why not the whole world [sooner]?”145 Some of us have already begun to do so.146

Volume 31 | 2019 75 Author Bio Endnotes Drew Heckman is a joint-degree student 1 Eva Malone, “Current Immigration Issues,” Class between Harvard Law School and the John F. lecture, Immigration Law: Policy and Social Change, Harvard Law School, Cambridge, MA, 21 February Kennedy School of Government at Harvard 2018. University (HKS), where he is pursuing both 2 United States Immigration and Naturalization Service, a JD and a master in public policy. Drew’s “History of INS and Immigration – Part One,” YouTube work before coming to graduate school video, posted by “danieljbmitchell,” 28 July 2007, centered upon the needs of the LGBTQ https://www.youtube.com/watch?v=jMLydt9r2YQ. 3 USCIS recently removed this language from its community: he founded the Queer Nebraska mission statement. Richard Gonzales, “America Youth Network and served as the Nebraska No Longer A ‘Nation of Immigrants,’ USCIS Field Organizer for the Human Rights Says,” NPR, 22 February 2018, https://www.npr. Campaign in his home state, and he later org/sections/thetwo-way/2018/02/22/588097749/ worked with governmental and nonproft america-no-longer-a-nation-of-immigrants-uscis-says.

LGBTQ initiatives in Spain. In graduate And though inclusion of “nation of immigrants” in school, he’s focusing on expanding his knowl- government agency mission statements may seem edge around immigrants’ rights and racial preferable to its erasure, it bears emphasis that the justice, issues that affect countless members phrase ignores, as usual, the inconvenient facts that of the LGBTQ community. Through work (a) hundreds of thousands arrived to this country from Africa as human chattel and (b) millions of Native with the Black Policy Conference at HKS, Americans inhabited this land before any Europeans former president of the Boston City Council arrived. See also Henry Louis Gates, Jr, “How Many Michelle Wu, the Mexican American Legal Slaves Landed in the US?” The Root, 6 January 2014, Defense and Education Fund, and the https://www.theroot.com/how-many-slaves-landed-in- Harvard Immigration and Refugee Clinic, the-us-1790873989; William N. Denevan, ed., The Native Population of the Americas in 1492 (Madison: he’s gaining a greater appreciation of the com- University of Wisconsin Press, 1992). plex web of laws and policies that determine 4 Legal/irregular, economic/asylum-based (to the the daily lived experiences of people of color, extent this distinction even makes sense), temporary/ immigrants, and the deeply intersectional permanent, etc. 5 LGBTQ population. He hopes to translate this Never mind that many of these very anxieties are rooted in the same commitment to neoliberal learning into action after graduation through economics and global capitalism that often creates the some combination of legal, policy, and orga- need for migrants to leave their home countries in the nizing work. (He’s open to suggestions.) frst place. 6 I asked this question of multiple presenters during the Harvard Law School Spring 2018 course “Immigration Law: Policy and Social Change,” taught by Deborah Anker and Andrea Meza. Presenters in this course included representatives from the Mexican American Legal Defense and Educational Fund, the ACLU Immigrants’ Rights Project, and the National Immigration Law Center. 7 Aristide R. Zolberg, “Why Not the Whole World? Ethical Dilemmas of Immigration Policy,” American Behavioral Scientist 56, no. 9 (2012): 1204, 1209 8 Zolberg, “Why Not,” 1210. 9 Zolberg, “Why Not,” 1210. 10 Zolberg, “Why Not,” 1210. 11 “Consideration of Deferred Action for Childhood Arrivals (DACA),” US Citizenship and Immigration Services, last modifed 13 September 2016, accessed

76 Harvard Kennedy School Journal of Hispanic Policy 19 January 2019, https://www.uscis.gov/archive/ Paul de Guchteneire (New York: UNESCO Publishing, consideration-deferred-action-childhood-arrivals-daca. 2007), 51, 61; Zolberg, “Why Not,” 1213. 12 Daniel Costa and Philip Martin, “The UN Global 26 Carens, “Aliens and Citizens,” 267. Compact and labor migration: What can we expect?” 27 Zolberg, “Why Not,” 1209, 1218. Economic Policy Institute: Working Economics Blog, 28 Zolberg, “Why Not,” 1212. 18 July 2017, https://www.epi.org/blog/the-un-global- 29 Zolberg, “Why Not,” 1211–12. compact-and-labor-migration-what-can-we-expect/. 30 Fetzer, Open Borders and International Migration 13 Costa and Martin, “UN Global Compact and labor Policy, 6. migration.” 31 Harris, “The economics and politics,” 42. 14 Louise I. Gerdes, Should the US Close Its Borders? 32 Pécoud and Guchteneire, “Introduction,” 12. (Detroit: Greenhaven Press, 2014). 33 Harris, “The economics and politics,” 42–43. 15 Edward Alden, “Is Border Enforcement Effective? 34 Adam Bluestein, “The Most Entrepreneurial Group What We Know and What It Means,” Journal on in America Wasn’t Born in America.” Inc., 12 January Migration and Human Security 5, no. 2 (2017): 481. 2015, https://www.inc.com/magazine/201502/adam- 16 Jeffrey S. Passel and D’Vera Cohn, “Homeland bluestein/the-most-entrepreneurial-group-in-america- Security produces frst estimate of foreign visitors to wasnt-born-in-america.html. U.S. who overstay deadline to leave,” Pew Research 35 Pécoud and Guchteneire, “Introduction,” 12. Center, 3 February 2016, http://www.pewresearch.org/ 36 Mehmet Ugur, “The ethics, economics, and fact-tank/2016/02/03/homeland-security-produces-frst- governance of free movement,” in Migration Without estimate-of-foreign-visitors-to-u-s-who-overstay-deadline- Borders: Essays on the Free Movement of People, eds. to-leave/. Antoine Pécoud and Paul de Guchteneire (New York: 17 Antonia Darder, “Radicalizing the Immigrant Debate UNESCO Publishing, 2007), 65. in the United States: A Call for Open Borders and 37 Ugur, “The ethics, economics, and governance,” Global Human Rights,” Counterpoints 418 (2011): 74–75. 279, 281 38 Ugur, “The ethics, economics, and governance,” 18 Antoine Pécoud and Paul de Guchteneire, 74–75. “Introduction: the migration without borders 39 Ugur, “The ethics, economics, and governance,” scenario,” in Migration Without Borders: Essays on the 74–75. Free Movement of People, eds. Antoine Pécoud and 40 Pécoud and Guchteneire, “Introduction,” 17. Paul de Guchteneire (New York: UNESCO Publishing, 41 Fetzer, Open Borders and International Migration 2007), 1. Policy, 5. 19 Joseph Carens, “Aliens and Citizens: The Case for 42 Zolberg, “Why Not,” 1206. Open Borders,” The Review of Politics 49, no. 2 (1987): 43 Unfortunately, complex human beings seem always 251, 252. to be reduced to their productive capacities in these 20 Bimal Ghosh, “Managing migration: towards the narratives. missing regime?” in Migration Without Borders: Essays 44 Harris, “The economics and politics,” 38. For a sense on the Free Movement of People, eds. Antoine Pécoud of scale, the original 1977 calculations (at which time and Paul de Guchteneire (New York: UNESCO the gross world product was US$7.8 trillion) estimated Publishing, 2007), 97. gains to the GWP between $4.7 trillion and $16 trillion. 21 Nigel Harris, “The economics and politics of the 45 Darder, “Radicalizing the Immigrant Debate,” 292. free movement of people,” in Migration Without 46Perhaps counterintuitively, many scholars agree that Borders: Essays on the Free Movement of People, eds. allowing unrestricted migration would beneft sending Antoine Pécoud and Paul de Guchteneire (New York: countries as well, as remittances would increase UNESCO Publishing, 2007), 33. and workers would be allowed to return more easily 22 Carens, “Aliens and Citizens,” 252. to homes where they often have family and social 23 Joel Fetzer, Open Borders and International networks, putting their new wealth and skills to use in Migration Policy: The Effects of Unrestricted the home country. Ugur, “The ethics, economics, and Immigration in the United States, France, and Ireland governance,” 66; Harris, “The economics and politics,” (New York: Palgrave Macmillan, 2016), 4. 44. 24 Fetzer, Open Borders and International Migration But since the well-being of sending countries is unlikely Policy, 6. to be persuasive to nativist critics of the open-borders 25 Pécoud and Guchteneire, “Introduction,” 1; scenario, it is not discussed at length here. Catherine Wihtol de Wenden, “The frontiers of 47 Darder, “Radicalizing the Immigrant Debate,” 281, mobility,” in Migration Without Borders: Essays on the 285. Free Movement of People, eds. Antoine Pécoud and 48 Fetzer, Open Borders and International Migration

Volume 31 | 2019 77 Policy, 16. 75 Wihtol de Wenden, “The frontiers of mobility,” 61. 49 Fetzer, Open Borders and International Migration 76 Darder, “Radicalizing the Immigrant Debate,” 291. Policy, 16. 77 Wihtol de Wenden, “The frontiers of mobility,” 61. 50 Darder, “Radicalizing the Immigrant Debate,” 281. 78 Which, it bears mentioning, was soundly rejected by 51 Fetzer, Open Borders and International Migration the 21st Amendment to the US Constitution after it led Policy, 16. to the fourishing of urban gangs and massive losses of 52 Costa and Martin, “UN Global Compact and labor tax revenues. migration,” 2. 79 Darder, “Radicalizing the Immigrant Debate,” 279. 53 Fetzer, Open Borders and International Migration 80 Grabbe, “Sharp Edges of Europe,” 520. Policy, 15. 81 Zolberg, “Why Not,” 1209. 54 Pécoud and Guchteneire, “Introduction,” 12. 82 Zolberg characterizes the culture debate as one 55 Walter Ewing, Daniel Martínez, and Rubén between “cosmopolitans” and “communautarians:” Rumbaut, “The Criminalization of Immigration in the “cosmopolitans . . . believe borders violate the United States,” American Immigration Council, 13 July unity of humanity . . . “communautarians” (at root 2015, https://www.americanimmigrationcouncil.org/ “nationalists”) . . . believe the world’s division into research/criminalization-immigration-united-states. distinct national communities is a sine qua non for 56 Zolberg, “Why Not,” 1211. liberal democracy, and that the viability of these 57 Ewing, Martínez, and Rumbaut, “Criminalization of communities would be jeopardized by a very large Immigration.” infux of immigrants, particularly if they are culturally 58 Fetzer, Open Borders and International Migration very different from the receivers and hence likely to Policy, 17. actively or passively resist integration.” Zolberg, “Why 59 Fetzer, Open Borders and International Migration Not,” 1212. Policy, 17. 83 Zolberg himself seems to believe so: “in the absence 60 Fetzer, Open Borders and International Migration of border controls, the world’s affuent and relatively Policy, 5. affuent countries would be quickly overwhelmed by 61 Violent White nationalist militias and neo-nazi truly massive fows of international migrants in search of groups, perhaps. work and safety. Although this is a counterfactual, there 62 Ghosh, “Managing migration,” 106. can be little doubt of its very high degree of plausibility, 63 Heather Grabbe, “The Sharp Edges of Europe: as indicated by the long lines that form wherever Extending Schengen Eastwards,” International Affairs a possibility of legal admission exists, as well as the (Royal Institute of International Affairs 1944-) 76, no. 3 proliferation of surreptitious entries. The likelihood that (2000): 519, 523–4. in the absence of borders a major redistribution of the 64 Grabbe, “Sharp Edges of Europe,” 534. world’s population would take place is suggested also 65 Such as putting women and children in freezing by theoretical models of migration founded on current cages in for-proft immigrant detention centers, and prospective income differentials, to which one must which migrants call “perreras” or “neveras.” Lukasz add political conditions as an additional major source of Niparko, “The Right to Asylum: Detention and emigration ‘push.’” Zolberg, “Why Not,” 1218. Legal Counsel,” ACLU of Ohio blog, 19 October 84 Pécoud and Guchteneire, “Introduction,” 16. 2017, https://www.acluohio.org/archives/blog-posts/ 85 Pécoud and Guchteneire, “Introduction,” 24. the-right-to-asylum-detention-and-legal-counsel. 86 A compelling anecdote on this topic can be found 66 i.e., people with claims under the Refugee in a recent episode of Radio Ambulante, in which a Convention or the Convention Against Torture. woman in Honduras who is run over by a random taxi 67 i.e., people with family members in the United States driver attempting to prove his readiness to join a gang or whose economic situations at home are unlivable. dismisses the idea of moving to America, or even any 68 Alden, “Is Border Enforcement Effective?” 482. other part of Honduras: her family is there. Daniel 69 Pécoud and Guchteneire, “Introduction,” 5. Alarcón, “No Country for Young Men,” trans. Patrick 70 Admittedly, there has been a decline in attempted Mosely, NPR: Radio Ambulante, 27 February 2018, entries to the United States, but this may largely owe to http://radioambulante.org/en/audio-en/translation/ migrants’ perceptions of a hostile political environment. translation-no-country-for-young-men. Alden (2017) does attribute at least some of the decline 87 Darder, “Radicalizing the Immigration Debate,” 285. to enforcement efforts. 88 Pécoud and Guchteneire, “Introduction,” 12. 71 Pécoud and Guchteneire, “Introduction,” 5. 89 Harris, “The economics and politics,” 44. 72 Wihtol de Wenden, “The frontiers of mobility,” 56. 90 Ugur, “The ethics, economics, and governance,” 76. 73 Wihtol de Wenden, “The frontiers of mobility,” 56. 91 Ugur, “The ethics, economics, and governance,” 76; 74 Darder, “Radicalizing the Immigrant Debate,” 280. Darder, “Radicalizing the Immigration Debate,” 291;

78 Harvard Kennedy School Journal of Hispanic Policy Pécoud and Guchteneire, “Introduction,” 16. UN Global Compact on Migration Matters,” 92 Fetzer, Open Borders and International Migration Economic Policy Institute: Working Economics Policy, 120; Bluestein, “Most Entreprenurial.” Blog, 13 July 2017, https://www.epi.org/blog/ 93 Though the idea seems to have frst been articulated why-the-un-global-compact-on-migration-matters/. in the MERCOSUR agreement, or Mercado Común 111 “Global Compact for Safe, Orderly, and Regular del Sur (Southern Common Market). Wihtol de Migration: Draft Rev 1,” International Organization for Wenden, “The frontiers of mobility,” 53. Migration, 26 March 2018 [PDF fle]. 94 Diego Acosta, “Free movement in South America: the 112 Costa and Martin, “UN Global Compact on emergence of an alternative model?” Migration Policy Migration.” Institute, 23 August 2016, https://www.migrationpolicy. 113 “Global Compact for Safe, Orderly, and Regular org/article/free-movement-south-america-emergence- Migration.” alternative-model. 114 Pécoud and Guchteneire, “Introduction,” 22. 95 “ECOWAS – Free Movement of Persons.” United 115 Shoshana Fine, “Global Compact: Can it build a Nations Economic Commission for Africa, accessed new story about migration?” European Council on 19 January 2019, https://www.uneca.org/pages/ Foreign Relations, 21 December 2018, https://www. ecowas-free-movement-persons. ecfr.eu/article/commentary_global_compact_can_it_ 96 But see Pécoud and Guchteneire, “Introduction,” build_a_new_story_about_migration. 24: “economic uncertainty and inter-state conficts, 116 Drake Bennett, “The amero conspiracy,” The along with the political strategies sometimes developed New York Times, 25 November 2007, https://www. by ECOWAS governments, threaten the West African nytimes.com/2007/11/25/world/americas/25iht- version of the MWB scenario by exacerbating tensions 25Amero.8473833.html. and fueling nationalism and xenophobia, sometimes 117 “Commanding Heights: Vicente Fox,” PBS, 4 April leading to expulsion of foreigners.” 2001, https://www.pbs.org/wgbh/commandingheights/ 97 Pécoud and Guchteneire, “Introduction,” 2. shared/minitext/int_vicentefox.html. 98 Pécoud and Guchteneire, “Introduction,” 24; Wihtol 118 Grabbe identifes the German-Polish border as de Wenden, “The frontiers of mobility,” 53. “a model . . . to overcome the legacies of history by 99 “Schengen Area,” European Commission on encouraging confdence-building at multiple levels: Migration and Home Affairs, accessed 30 April 2018, local, regional, civilian, military, public and private https://ec.europa.eu/home-affairs/what-we-do/policies/ sector.” Grabbe, “Sharp Edges of Europe,” 531. borders-and-visas/schengen_en . 119 Grabbe, “Sharp Edges of Europe,” 522. 100 Grabbe, “Sharp Edges of Europe,” 519. 120 This is not to say that Canadians have entirely 101 Grabbe, “Sharp Edges of Europe,” 527. escaped racist xenophobia: “when the United States 102 Grabbe, “Sharp Edges of Europe,” 521. adopted a highly restrictive immigration regime in the 103 Grabbe, “Sharp Edges of Europe,” 522. 1920s, it was not applied to the Western Hemisphere, 104 Ugur, “The ethics, economics, and governance,” 75. allowing for largely unregulated freedom of movement 105 Zolberg, “Why Not,” 1212. from . . . Canada, whose Quebeckers were regarded as 106 “The Cost of Immigration Enforcement and “Mexicans of the north,” working largely in grain- Border Security,” American Immigration Council, 25 producing and forest industries of the Northeast.” January 2017, accessed 30 April 2018, https://www. Zolberg, “Why Not,” 1210. americanimmigrationcouncil.org/research/the-cost-of- 121 Anaïs Faure Atger, “The Abolition of Internal Border immigration-enforcement-and-border-security. Checks in an Enlarged Schengen Area: Freedom of 107 Though a full discussion is outside the scope movement or a web of scattered security checks?” of this paper, Zolberg identifes three “principal (paper produced as part of The Changing Landscape policy questions” that will be relevant to any of these of Liberty and Security: A Sixth EU Framework approaches: (1) “level of admission,” (2) determining Programme March 2008), 5. priorities for groups of migrants if demand for entry 122 Atger, “Abolition,” 6. outpaces ability to accept, and (3) “modalities of 123 Grabbe, “Sharp Edges of Europe,” 522. incorporation.” Zolberg, “Why Not,” 1215. 124 Jason Markusoff, “Trump’s crew wants to declare 108 Ghosh, “Managing migration,” 109; Ugur, “The Mexico a safe third country. That could be a death ethics, economics, and governance,” 66. sentence for refugees,” Maclean’s, 5 April 2018, https:// 109 “IOM Becomes a Related Organization to the www.macleans.ca/news/world/trumps-crew-wants-to- UN,” International Organization for Migration, declare-mexico-a-safe-third-country-that-could-be-a- 25 July 2016, https://www.iom.int/news/ death-sentence-for-refugees/. iom-becomes-related-organization-un. 125 Except of course, those currently exploiting this 110 Daniel Costa and Philip Martin, “Why the very vulnerability of both legal and undocumented

Volume 31 | 2019 79 immigrants. 126 Pécoud and Guchteneire, “Introduction,” 20. 127 Costa and Martin, “UN Global Compact and legal migration.” 128 Pécoud and Guchteneire, “Migration Without Borders Scenario,” 20; Carens, “Aliens and Citizens,” 270. 129 Pécoud and Guchteneire, “Migration Without Borders Scenario,” 20. 130 Pécoud and Guchteneire, “Migration Without Borders Scenario,” 20. 131 Pécoud and Guchteneire, “Introduction,” 18. 132 Those who consider exclusion criteria often propose past criminal history as a bar, but to the extent that marginalization in the home country may force gang recruitment or other criminal activity, I’m uncomfortable doing so here. Some of the authors cited here go into a more detailed discussion of determining entry/exclusion priorities; see e.g., Zolberg, “Why Not,” 1219–20. 133 An open borders regime would create unique opportunities to involve new sectors in the immigration conversation, such as tech. Speaking fancifully, what if each person entering the country for the frst time was assigned a magnetic card that was used for identifcation, employment verifcation, and payments and came preloaded with a resettlement stipend fnanced through taxes on or contributions of previous migrants? 134 Carens, “Aliens and Citizens,” 252. 135 Ghosh, “Managing migration,” 109. 136 Ugur, “Ethics, Economics, and Governance,” 85. 137 Zolberg, “Why Not,” 1214. 138 Pécoud and Guchteneire, “Introduction,” 23. 139 Andrew Convey and Marek Kupiszewsk, “Keeping up with Schengen: migration policy in the European Union,” The International Migration Review 29, no. 4 (1995): 939, 952. 140 Pécoud and Guchteneire, “Introduction,” 3; Convey and Kupiszewski, “Keeping up with Schengen,” 951. 141 Harris, “The economics and politics,” 46. 142 For example, bans on entire countries’ populations from entering the United States on explicitly Islamophobic grounds. 143 Zolberg, “Why Not,” 1212. 144 Zolberg, “Why Not,” 1204. 145 Zolberg, “Why Not,” 1204. 146 Farhad Manjoo, “There’s Nothing Wrong With Open Borders,” The New York Times, 16 January 2019, https://www.nytimes.com/2019/01/16/ opinion/open-borders-immigration.html?action =click&module=Opinion&pgtype=Homepage &fbclid=IwAR1O4OO3gc6x5JYsY2Ea69zDGe3 zkD-ZOcfAISy1LGWMf1nDzR-ZHMlPyAM.

80 Harvard Kennedy School Journal of Hispanic Policy Interview Being Our Authentic Selves, An Interview with Maria Hinojosa

Leticia Rojas

Latinx community to lead with authenticity and Subject Bio without self-doubt. Maria Hinojosa is a Latina journalist who has dedicated her trailblazing, 30-year career to HARVARD KENNEDY SCHOOL television and radio reporting that elevates the JOURNAL OF HISPANIC POLICY: What stories of people of color. Hinojosa’s contri- does a Latina in power look like to you? butions across media platforms such as NPR, As one yourself—and after speaking to so PBS, CBS, WNBC, and CNN have been rec- many leaders such as Sonia Sotomayor and ognized with dozens of awards, including four Alexandria Ocasio-Cortez—what does she do Emmys and a Peabody Award. As anchor and differently? How does she lead differently? executive producer of the radio show Latino USA, as well as co-host of the political podcast MARIA HINOJOSA: We have to be deeply In The Thick, Maria Hinojosa informs a wide authentic. The most honest response to these audience about the country’s changing cultural attacks against Latinas in particular these last and political landscape. During the 2018–19 few years is to be our authentic selves. In that academic year, Hinojosa served as the Walter sense, someone like a Sonia Sotomayor, who Shorenstein Media and Democracy Fellow at is clearly ridiculously smart and can manage the Shorenstein Center on Media, Politics and her way out of any situation; there’s something Public Policy. While on campus, she sat down about her authentic self, as a Bronx-raised with the Harvard Kennedy School Journal of Puerto Rican woman, that she carries with her Hispanic Policy as she’s answering those super tough questions. for an interview to In terms of Alexandria [Ocasio-Cortez], there’s discuss topics at something about her authenticity of just being the intersection of a young woman who is prepared to take on immigration, jour- huge risks. From my own life, part of what I nalism, politics understood was that I was not going to be able and power, and to compete with my colleagues at being more the Latinx commu- controlled and put together and coiffed and all nity. In it, Hinojosa of those things you need to be—so what I’m challenges the going to do is be the opposite of that, which

Volume 31 | 2019 81 means I’m not going to blow out my hair, I’m elevate a sense of humanity and to make people going to be real, I’m going to speak in a real feel something with my reporting. We hope that voice, I’m going to say “um,” there might be a the policy is affected tangentially because of the sentence might not get fnished. I went deep humanity we brought up with the story. But not into the core of who I am as much as possible. that we look to change policy in a specifc way. I think that that’s part of what we’re seeing, and that’s an important part of the conversation: HJHP: Your reporting on immigration really being authentic in who we are as Latinas, exposes the ways in which political messaging, critical of our dear United States of America, language, and even policy work criminalize critical of our dear home countries wherever and dehumanize immigrants. In the past they may be. As Latinas, we can attempt to decade, we’ve seen a lot of “compromise” create community. We do that with our fam- solutions that often grant citizenship for ilies, and we’re going to try to expand that to some subset of immigrants in exchange for create a broader community. tightening restrictions for others. Do you Bringing other people in by being our au- think that the policy proposals we have seen thentic selves. In other words, see me: I’m not so far include that regard for humanity? a threat to you; like, c’mon, let’s hang out together, and let’s talk about these things. We’re HINOJOSA: No, I don’t believe that they have not very used to wanting to talk about our a long-term human element in them. It has egos or talking about our power, but in fact, as been a quid pro quo and using human beings as Latinas we have to own our power, own our ca- kind of political fodder. And if there really was pacity to talk about being strong and powerful. a human element, then we would understand that we’re talking about here is not piecemeal HJHP: A lot of your work focuses on immigration reform but rather comprehensive highlighting stories and issues that aren’t [reform]—and we have gotten so far away from covered in other places. From a policy that. Ultimately, you’re going to get to the point perspective, what impact do you want these where it’s “You, yes” and “You, no.” “You can stories to make? What do you want policy stay” and “You can’t” and “Sorry, Mom, you’re makers to have in mind when they hear going to have to leave your kids.” And it’s just your stories? like, we can’t even, so in that sense the broadest answer is no. HINOJOSA: As journalists, when we sit around The entirety of the way immigration has our editorial room and we talk about stories, we been dealt with in this country has been man- don’t actually say, “Well, let’s do this story so ifested in its increased perception of dehuman- we can change the policy.” The frst thing that ization of these people, not a decrease. If there we’re doing is looking at the story as raising an was an understanding of humanity, then we issue that we haven’t heard of or thought about, would say we understand that there is no secu- one that’s going to be a great narrative piece rity crisis at the border—that this is a fctitious with great characters. argument. We have not experienced any kind Our starting point is not policy. If you’re of terrorist attack from the southern border. doing a story about policy, then often times Sorry, but no—there has been no humanity in it can become really analytical and cold, and these immigration policies. that’s the last thing that we want to do. The biggest impact I want to have is I want to try to cre- HJHP: One of the things I admire most about ate a sense of humanity of the people who I’m you is your willingness to call out other jour- reporting on, who are fellow Americans, to nalists when you see something that they’re

82 Harvard Kennedy School Journal of Hispanic Policy not covering right or that you feel is wrong. just returned from Mexico where I was able Thinking about the Latinx community, how to pick up on an increasingly nationalistic can we have tough conversations within our tide in Mexico, of Trumpists in Mexico—who community, call each other out for being are like, “build a wall and keep the Central complicit, and push ourselves to do bet- Americans out”—I am deeply concerned, and ter when it comes to things like racism and we as Latinos and Latinas have to own this homophobia? dialogue.

HINOJOSA: The only way that that’s going to HJHP: How have you navigated often being happen is by having these conversations, being the Latina in a space? How do you make critical of the racism and the homophobia and those connections and get authentic allyship the sexism and the anti-Semitism and the anti- from others? queer realities that exist among and within the Latino communities—us bringing those HINOJOSA: There’s a lot of humility that conversations into our homes, into our com- comes with that. For example, Nicco Mele, munities, into our friend circles, and by social who runs the Shorenstein Center, knows that media. For example, I follow Tanya Saracho, I’m critical of White supremacy and that I’m who is the showrunner for Vida. Tanya put up taking on White men. But while I’m doing that, a posting on Instagram where she was like, “Let I’m actually extending my hand as I’m saying me just talk to you about Latinos and Latinas these things because I need him to understand and being racist.” She was like, “There’s this that, at least in this moment, he’s brought me misconception that if you’re Latino or Latina here. He is giving me a voice, and he is my ally. you can’t be racist. But no, we can be and this is In a way, it’s like I’m manifesting in a pub- how and this is why.” That was just an Instagram lic way, this is what allyship looks like. It looks posting, but I’m like thank you, Tanya, for put- like him asking me to be here, asking me tough ting it out there because nobody else is going questions, but him also having the capacity to to be putting that stuff out unless it’s us—and listen to me when I am raising this large cri- yeah, it can be a little uncomfortable. tique of everything he represents as an entitled The cool thing that we’re seeing now, in this White man of privilege. And yet him not freak- iteration of Latinos and Latinas in power, is ing out about it. I’m having these conversations that because it’s a new generation and because all the time, a lot of the time with White men, of social media—como te puedo decir—it’s like not expecting them to be my allies necessarily. the flter is off in that sense. The positive side But I become very personal with them. I don’t of this horror that we’ve been living through is want to appear to be a threat—which is kind that more of us are talking about [our stories]. of crazy, I know. I’m not a threat to anybody. We are having to talk about our own immi- But in the political context of this precise mo- grant stories when we’re talking about seeing ment, this is part of what’s happened: a Latina children being ripped from their parents’ arms; immigrant woman is somehow perceived to be we are talking about our own stories as we hear a threat. So head on, I’m trying to be disarming this president talk about “shithole” countries. of that. In some ways, what this president and this moment have done is that they have allowed HJHP: So, what you’re saying is, allyship is us to open up this bag of worms—at least that’s personal? what we’re doing at Latino USA. Like yeah, it’s not pretty. It’s really complex and it’s going to HINOJOSA: Deeply, deeply, deeply per- become increasingly more complex. Having sonal. And again, with many of the men that

Volume 31 | 2019 83 I’m talking to on a plane or a train or a bus imposters and that we don’t belong and that or whatever, what I am saying is “I want you this is a battle that we have to take on. Even in a to look at me.” And I’ll turn to them, and I’ll place like Harvard, you have my fellow Latinos face them—so if I’m on a plane, I’ll actually and Latinas questioning whether or not this turn my body, and I’ll look at them—and I’ll is the place for them. And that questioning is say, “I want you to look at me because I want something we don’t have time for. you to understand that the Mexican immigrant that Donald Trump sees as a threat is me. It is Author Bio me; it is my family.” And then they’ll be like, Leticia Rojas is a master in public policy stu- “No no no,” and I’m like, “Sir, I want you to dent and Presidential Scholar at the John F. remember me when the talk is about Mexican Kennedy School of Government at Harvard immigrants; they’re talking about me,” and it’s University (HKS). Prior to graduate school, not like I’m expecting a response at that mo- Leticia worked in her parents’ home country ment like “Yes, of course”—it’s more just this of Mexico in the Ministry of Energy, guiding kind of “look at me,” which is what you were the investments of the country’s research and saying. Allyship is absolutely personal. development funding toward climate change solutions. Through work with the Harvard HJHP: A lot of us felt very disheartened on Climate Solutions Lab and the California Election Day 2016. But it’s been two years Governor’s Offce of Planning and Research, now, and you’ve been covering a lot of stories. Leticia has applied a lens of environmental jus- What have you covered in the last two years tice to her climate and energy work, ensuring that gives you the most hope for the future of that policies and programs are directed toward the Latinx community in this country? those most burdened by the impacts of climate change. At HKS, Leticia serves her community HINOJOSA: Well, I’ve interviewed so many as the co-chair of the Latinx Caucus and co- fascinating people. I did just interview Sonia editor-in-chief of the Harvard Kennedy School Sotomayor—again. I did just interview Rubén Journal of Hispanic Policy as well as a mentor Blades—again. I did just interview Fat Joe. I’m through the Institute of Politics and the First- interviewing so many people, and all of them Generation Alumni Alliance. Leticia holds an give me hope. Whether it’s Sonia Sotomayor or AB from Harvard College and is the frst in her whether it is someone like Laura Monterosa, family to attend graduate school. She was born who is a survivor of sexual assault in an im- and raised in Texas, where she plans to return migrant detention facility and is speaking out upon graduation, working to uplift the voice about it. Who am I most inspired by? I don’t of the Latinx community by building electoral know if it’s just one person. You know, Latinos power. Twitter: @let_rojas and Latinas in the US, we’re not going anywhere. And I feel like we’re taking our spot. We’re owning our voices con más ganas. And in that sense, what I see is really exciting, whether I’m seeing it at Harvard with the young people here who have all kinds of ideas or I’m at DePaul in Chicago or whether I’m with my staff. There’s a lot of excitement and things that are invigorating right now. The other side of that, which we have to deal with, is that many of us feel like we’re

84 Harvard Kennedy School Journal of Hispanic Policy Commentary Latinas Are Equipped for the Cooperative Movement

Kateri Gutiérrez

I started Collective Avenue Coffee, Los American Dream did not include my fam- Angeles’s frst worker-owned cooperative coffee ily despite their hard work and sacrifces. shop based in Lynwood, California. A working- The American Dream has also failed many class, Latino community in South East Los in my community. The size of the problem Angeles, Lynwood is independently spirited demands systemic changes. As the next gen- with ample opportunities for economic growth. eration, I am urged to think about how we Each morning at the cafe, a small concession as Latinas can redefne our American Dream stand located in the community center with to include and engage our communities. outdoor seating facing the park, you come for Developing cooperative ownership, starting the coffee but stay for the conversations with the in the workplace, is our possible approach barista. I ask my peers, my customers, and folks to re-shift the preimposed defnition of the who know about our cooperative movement: American Dream. Latinas are equipped with “What is Community to you?” This intends to the social nature and entrepreneurial spirit to spark constructive conversation among Lyn- lead the way in assisting everyday Americans wood’s residents to create change beyond our to achieve a different, more community-fo- cooperative coffee shop. cused American Dream. These conversations can inspire additional grassroots movements that help redefne who Worker-Owned Cooperatives: we are as America’s working class and turn our Democracy in the Workplace shared struggles into opportunities that beneft When starting the cafe, I discovered demo- our communities through cooperative efforts. cratic member control and concern for the As the American Dream has failed many in the community are cooperative principles that promise of ownership, worker-owned coopera- serve as symbolic foundation of worker coop- tives offer an opportunity to secure economic eratives.1 These all-encompassing standards self-determination and security for everyone enable democratic decision-making in and through cooperatively owned businesses and out of work, from civic engagement to con- democratic practices. scious consumption. Worker cooperatives As a Latina born from working-class im- engage workers through “one member–one migrant parents, I became aware that the vote” democratic decision-making, and this

Volume 31 | 2019 85 participatory culture continues outside of the jumping to 87 percent in a fve-year period workplace through civic engagement. Once according to “Latina 2.0” by Nielsen, a report the worker has a voice in the workplace, the on the increase of Latina entrepreneurs in the worker feels more empowered to engage in United States.4 Socially, we’re positioned in their community, assert their place in society, the center of our community, using our un- and identify the purpose of their contribu- derstanding of our culture and social cultural tions to their economy. Insofar, a redefned practices to pursue our entrepreneurial goals. American Dream calls for systemic changes to This cultural role of the Latina meshes nat- further civic activity and achieve sustainability, urally with a cooperative framework that em- particularly for the underrepresented. powers all of its members, instead of a token few. The framework also creates more business The American Dream: A Distant owners out of community members who may Memory not have the funds or access to start businesses The American Dream revolves around owning on their own. a business, a home, a car, etc. For the most part, frst-generation Latinos inherited the Who Is Equipped? Latinas idea of the American Dream as the reason Latinos make up 43 percent of the workforce why our parents came to this country, and for in cooperatives according to the 2016 Worker many, we still wonder whether it was inher- Cooperative Economic Census, more than ited because we believe in it or because it is any other demographic.5 Furthermore, Latinas an unfulflled promise we are still trying to ac- are the most entrepreneurial demographic in complish. According to Pew Research Center, the entire country, according to Nielsen: “[S] Latinos believe in the American Dream, but ales of Hispanic female majority-owned frms as we grow distant from our immigrant roots, grew 41 percent during the period, while sales the belief in it decreases.2 Our existing socio- of all female majority-owned U.S. frms grew economic system does not allow for everyone by 19 percent.”6 One of the reasons why this is to achieve the American Dream as we know it, the case is because we have a culture of “co- so many are left merely looking out for them- madrear,” a term used for chatter, gossip, and selves to survive, with little hope of ownership. small conversation that can result in ideas or plans. Comadrear is a culture of socializing, The New American Dream: Collective passed on from generation to generation. Ownership Latinas in the United States have transferred It is becoming increasingly diffcult to own this culture to social media through sharing anything with today’s income distribution. their experiences and accomplishments and For instance, Latinas earn 53 cents per every engaging with fellow women who are doing dollar earned by White male counterparts and the same. As a result of the technology and less than any other women per dollar.3 The speed of information, more ideas and actions odds of having fair wages are considerably happen as a result. The social muscle does against Latinas, but we are using our cultural not stop at communication and sharing ideas, skills to change the statistics. Latinas like me it is also used for fnancial progress. Latinas are already leading this movement of taking inherit the culture of “tandas,” a word for wage matters into our own hands, and this informal lending circles where community makes sense as we’re naturally inclined to be members, usually women, take turns bor- entrepreneurs and take creative steps to help rowing from an informal community fund our communities thrive. We account for the to pay for short-term goals, such as funding largest business creation in the United States, businesses.

86 Harvard Kennedy School Journal of Hispanic Policy I’m proud to be one of the leaders of this Worker Cooperatives in Policy movement. Cultural assets such as these empower oth- The coffee shop is not just the space to “co- ers to contribute their efforts, but we need madrear”—it is a catalyst for many conversa- formal policy that enables institutions to tions. Collective Avenue was born as an idea strengthen the fnancial progress in com- and developed into a series of conversations, munities to cultivate a stronger cooperative and it is now growing and expanding through movement. Historically, the Small Business COOP LA, a collaborative of start-up coopera- Association (SBA) did not offer resources tives in Southeast Los Angeles. This is possible specifcally for worker cooperatives. However, in multiple spaces, and the conversation needs as the movement grew and the demand for to start as big-picture thinking. When we are worker democracy increased, the Main Street asked about our role in a collective iden- Employee Ownership Act was introduced tity, their community, we are redefning our and passed in the House of Representatives, American Dream into a more collaborative signaling a grand achievement in policy that vision. The vision becomes apparent when we helps empower the cooperative movement.7 acknowledge that the Latina, who is resource- Under the bill, the SBA would be responsible ful and entrepreneurial in her right, can ac- for improving access to capital and technical complish more in the cooperative movement. assistance to businesses that want to transition into employee ownership or worker-owned cooperatives. At this time, there are more cooperatives forming around the country, and this act is a valuable resource for workers who want more democratic values at work that transfer into better working conditions. In particular, this policy is an excellent opportunity for the already resourceful Latinas to combine their entrepreneurial spirit with the inclusive structure they would fnd in worker cooperatives. When the system is not created for them to thrive fnancially, Latinas work around their challenges and create opportunities for themselves and, in the process, their communities. Latinas are showing their leadership through their engagement as consumers and drive as entrepreneurial leaders.8 Parallel to this movement, the Latina community in the United States is experiencing a collective consciousness of our current economic state and rein- venting the dream into inclusive ownership with models such as worker cooperatives. The American Dream is no longer individual: it must be recreated into a collective effort and inclusive approach to ownership, and the worker cooperative movement is one of those ways. Latinas are ready to grow the movement.

Volume 31 | 2019 87 Author Bio Endnotes Kateri is co-founder of Collective Avenue 1 “Cooperative identity, values & principles,” COOP Coffee, Los Angeles’s frst worker-owned co- International Co-operative Alliance, last modifed 8 January 2019, https://www.ica.coop/en/cooperatives/ operative coffee shop founded in Lynwood, cooperative-identity. California. What started as an idea to create 2 Mark Hugo Lopez, Ana Gonzalez-Barrera, and Jens a small worker-owned cafe developed into Manuel Krogstad, “Latinos are more likely to believe in multiple collaborations with grassroots move- the American dream, but most say it is hard to achieve,” ments, space for educators, and a case study Pew Research Center, 11 September 2018, http://www. pewresearch.org/fact-tank/2018/09/11/latinos-are-more- for community members interested in getting likely-to-believe-in-the-american-dream-but-most-say-it-is- involved in the cooperative movement. She hard-to-achieve/. spearheads the business strategy and organi- 3 Ariane Hegewisch, The Gender Wage Gap: 2017: zational design of the company and runs the Earnings Differences by Gender, Race, and Ethnicity internship program to educate young adults (Institute for Women’s Policy Research, 2018) [PDF fle]. 4 Stacie M. de Armas, Andrew McCaskill, and Rebecca on cooperative entrepreneurship and real-life K Roussell, Latina 2.0: Fiscally Conscious, Culturally business challenges. Additionally, Kateri is Infuential, Familia Forward (The Nielsen Company, working with three other cooperatives to 2017) [PDF fle]. create COOP LA, California’s frst shared co- 5 Democracy at Work Institute, 2017 Worker Cooperative operative space, where the entities share their Economic Census (US Federation of Worker Cooperatives, 2017) [PDF fle]. resources to overcome fnancial challenges 6 de Armas, Latina 2.0, 47. collectively. Kateri holds a degree in American 7 Main Street Employee Ownership Act of 2018, H.R. studies with an emphasis in consumerism 5236, 115th Cong. (2018). from University of California, Berkeley. 8 de Armas, Latina 2.0.

88 Harvard Kennedy School Journal of Hispanic Policy Commentary Alexandria Ocasio-Cortez and Cardi B Jump through Hoops: Disrupting Respectability Politics When You Are from the Bronx and Wear Hoops

Amanda R. Matos

In 2019, a rapper and a congress member have Respectability Politics more in common than one may expect. Cardi Evelyn Brooks Higginbotham coined “the B and Alexandria Ocasio-Cortez are both politics of respectability” in her 1993 book, Bronx-bred millennial Latinas, Instagram and Righteous Discontent: The Women’s Movement Twitter stars, successful leaders in their respec- in the Black Baptist Church.7 Respectability tive felds, and most importantly, disruptors of politics refers to the practice and belief system respectability politics. that marginalized communities must adhere Cardi B, a rapper and self-proclaimed “re- to dominant cultural norms in order to receive gula degula shmegula girl from the Bronx,”1 is respect. If they practice their cultural identities the frst solo female rap performer to hold the through their speech, appearance, and overall number one spot on Billboard’s Hot 100 list deportment and behavior, they are deemed since Lauryn Hill over 20 years ago.2 According less intelligent and respectable. Though the to Billboard, “Bodak Yellow” achieved this term was frst used in the context of Black feat through popularity in social media and women, it now extends to communities of video-streaming sites, making it one of the color and other disadvantaged communities. most listened to singles since its release in June 2017.3 How Cardi B Disrupts Respectability Meanwhile, Congresswoman Alexandria Politics Ocasio-Cortez, known as AOC, is the youngest Cardi rejects respectability politics by chal- women ever elected to Congress.4 In June lenging the mainstream embodiment of 2018, she successfully ran against incumbent womanhood with her fashion, cadence, and Representative Joe Crowley, boldly running a expression of her sexuality. She is a proud campaign on a democratic socialist platform Bronx Dominican-Trinidadian woman who that included a call to abolish US Immigration loves being real with herself and others and is and Customs Enforcement (ICE) and provide raising her daughter with these values. Medicare access for all.5 Now she’s calling for Last year she released a song called a Green New Deal, one of the most progres- “Motorsport,” with collaborators Migos and sive legislative packages to address climate Nicki Minaj. In this track she raps, “I’m the change and increase access to green jobs.6 trap Selena/Dame más gasolina,”8 stirring

Volume 31 | 2019 89 strong reactions on social media.9 Regardless that Selena was not on a pole refers to Cardi’s of critical feedback, she integrated the same experience working as a stripper and devalues line into her 2018 hit, “Dinero” with Jennifer her autonomy and informed decision-making Lopez.10 capacity as a woman. Questioning Cardi’s com- According to Remezcla,11 a Latino millen- parison to Selena is rooted in questioning her nial digital publishing company, many fans Latinidad, or sense of Latin American identity, applauded her by writing comments such as: which highlights the problem of anti-Blackness Fuck yes. Cardi is the #trapSelena in Latinx communities: Afro-Latinxs’ racial and ethnic identities are often categorized as never She breaking barriers in her own way being enough of one. and i respect her hustle Cardi’s use of “trap” in describing herself as the “trap Selena” pays homage to the frame- However, others ridiculed her comparison work of trap feminism, coined by media expert to Selena Quintanilla, beloved Tejana star: Sesali Bowen. Trap music is a male-dominated Cardi needs to be real, Selena was never rap genre that centers around sex, money, and on the pole! drugs. Sesali juxtaposes it and “luxury” rappers like Jay-Z who spit lines about their wealth and Pinche pendeja! How dare this STD material goods.12 Trap is about the money and ridden stripper compare herself to the stardom you don’t have access to in your hood class act that is Selena! and how you plan on getting it. Given the male dominance of the genre and extracting from In response to these negative comments, its gender dynamics, trap feminists are active fans rallied in support of Cardi B: agents in deciding how to use their bodies and Latinos hating on latinos at its fnest Im sexuality for art and expression. down with it! everybody just be hating Cardi’s embodiment as a self-determined, on Cardi B yall needa get a life and stop sexually autonomous, and independent Afro- with that salty ass shit 1st of all shes not Latina rapper is groundbreaking. Yet people dissing Selena or even disrespecting shes critique Cardi for her “unladylike” deport- REPRESENTING Selena’s name in her ment, missing the point that trap feminism style of TRAP “The SELENA OF TRAP” subverts female standards of chastity and modesty and celebrates challenging gender I understand people’s love and respect for norms. They are quick to slut-shame and Selena. Selena’s fan base has an unwavering question her Latinidad, as the comments commitment to celebrating her life post- above do. Moreover, these critiques perpetu- humously. I myself grew up listening to her ate the virgin/whore dichotomy with Selena as songs, yearning to own a purple jumpsuit, the virgin and Cardi as the whore. Selena as a and can recite every line of her 1997 biopic Mexican-American Latin pop sensation is por- starring Jennifer Lopez, who coincidentally is trayed as an acceptable symbol of Latinidad, another Latina from the Bronx like me, Cardi, whereas Cardi’s Dominican-Trinidadian and AOC. identity is challenged as her identity is However, celebrating and respecting one inextricably linked to her Blackness. The woman while denigrating another is anti-fem- erasure of Afro-Latinidad in pop culture and inist and feeds into the notion of respectability mainstream media perpetuates a monolithic politics. Suggesting that Cardi has STIs because understanding of Latinx culture and identity. of her sexual expression stigmatizes sexual free- Cardi B is not devaluing Selena’s legacy dom and shames people with STIs. Adding and achievement. She is making a distinction

90 Harvard Kennedy School Journal of Hispanic Policy that there is no singular way to practice fem- home, and my identity is exemplary of how inism, especially in the music industry. She scared you are of the power of all four of those models herself as an Afro-Latina feminist by things.”15 strongly claiming her cross-cultural identity. It’s powerful to see Ocasio-Cortez claim her She is not calling herself the next Selena or Bronx identity given the fattened stereotypes even suggesting she holds the title of La Reina. we’re used to seeing of the Bronx in the media. Cardi is claiming her Blackness, her Latinidad, My beloved hometown doesn’t always have the and her sexuality all in one verse while paying best reputation. The Bronx is one of the coun- respect to Selena’s impact on so many people, try’s poorest counties.16 Stories of gun violence including herself. have more airtime than stories of community resilience and success. New Yorkers wonder how, How Alexandria Ocasio-Cortez when, and whether gentrifcation will thwart Disrupts Respectability Politics the outer borough or whether we’re a lost cause. Since AOC’s defeat of former Rep. Joe Access to healthy food is limited due to transpor- Crowley, conservative media platforms have tation deserts—areas where grocery stores are described her as a socialist darling and little miles away and there’s little access to effcient girl, among other epithets. Her ability to gov- public transportation. These are structural prob- ern is constantly put into question across party lems. They are not inherent to our community. lines because of the layering of her ethnicity, And they are not all that the Bronx is. age, hometown, and political ideology.13 Seen as a threat to conservatives and even In response, AOC disrupts respectability Democrats, AOC chooses to defy political politics by constantly paying homage to her norms to blaze trails for more young people Bronx and Puerto Rican roots. For her congres- and people of color in politics. sional swearing in ceremony, she wore hoop Far too many elected offcials avoid talking earrings, donned red lipstick, and twisted the about racism, classism, and sexism, and even front of her hair. When critiqued for her use more shy away from designing legislation that of Twitter and Instagram, she simply recorded explicitly addresses these inequities. As an even more stories to continue demystifying the outspoken democratic socialist, AOC demon- US government for the American public, know- strates that you can believe wholeheartedly ing that she is reaching millions of people. in democracy while advocating for equitable John Cardillo, a conservative talk show resource distribution of a social safety net that host, questioned her “Bronx hood” roots and invests in communities and combats systemic authenticity by tweeting a Google Street View oppression. AOC is showing the whole coun- photo of the house she grew up in as a child.14 try what progressive leadership should look His point was to call her out as a liar, as if like—boldly advocating for the most margin- working-class people from the Bronx cannot alized in your community—and she does this or should not live in a home they own. while being her authentic self. Cardillo’s underlying assumption about the The Bronx is home to Alexandria Ocasio- Bronx is embedded in racism and classism. Cortez, Cardi B, hip-hop, local businesses like His comments are part of a larger narrative of Bronx Native, community gardens, summer outsiders abhorrently stereotyping the Bronx concerts, and so much more. When it comes and making value judgments on how work- to politics, we’ve had a few champions advo- ing-class families look, behave, and spend their cate for us to thrive, but we haven’t had some- hard-earned money. one like AOC speak unapologetically about In response Ocasio-Cortez tweeted: “Your our culture, our potential, and our ability to sit attempt to strip me of my family, my story, my at the decision-making table.

Volume 31 | 2019 91 AOC proudly quoted17 Cardi B from the To enact a paradigm shift where respect- rap “Best Life,” recognizing the importance of ability politics no longer exists, we must be au- celebrating your roots: thentic leaders and not succumb to status-quo I never had a problem showin’ y’all the pressures. And it is equally important for all real me of us to suspend judgment when people bring Hair when it’s messed up, crib when it’s their authenticity into the room. Despite not flthy adhering to normative behaviors, Cardi B and Way-before-the-deal me, work-to-pay-the- AOC are success models because they don’t bills me tear each other down, they build each other ‘Fore I fxed my teeth, man, those com- and others up. ments used to kill me But never did I change, never been Excerpts of this commentary were originally ashamed published on Feministing.com Never did I switch, story stayed the same I did this on my own, I made this a Author Bio lane18 Amanda R. Matos has devoted her career to racial and gender justice through capacity Both Cardi and AOC use their social media building, political education, and civic engage- platforms to show a sneak peek into their daily ment. She is co-founder of the WomanHOOD lives while also communicating important Project, a youth-led after-school mentorship political messages to their followers. As the program for girls of color in her hometown longest government shutdown in history takes of the Bronx. Amanda also helped create the place, both leaders amplify the urgency of end- New York City Young Women’s Initiative in ing the shutdown on their platforms to ensure partnership with New York City Council and people are informed and know how to take Girls for Gender Equity and served as man- action against injustices taking place. At frst ager of community organizing at Planned glance, critics may say they are only catering Parenthood of New York City. to their online echo chamber, but in actual- Amanda received her BA in ethnicity and ity, they are using 21st-century technology to race studies from Columbia University and is educate their followers on the current politics. currently a master in public policy candidate and Sheila C. Johnson Fellow at the John F. Conclusion Kennedy School of Government at Harvard As women-of-color trailblazers, Cardi B and University. She is the co-editor-in-chief of the Alexandria Ocasio-Cortez are continuously Harvard Kennedy School Journal of Hispanic under attack for sharing their opinions conf- Policy and co-chair of the Latinx Caucus. dently, succeeding in their seemingly impos- Twitter: @Amanda_R_Matos sible endeavors at young ages, and disrupting what dominant culture deems as acceptable behavior for women, particularly Latina women. As a fellow Bronx Latina, I have experienced the preconceived notions people have about us based on our appearance, style, and neighborhood roots. And as a fellow feminist, I’m familiar with the way our political beliefs are often dismissed as too radical or too idealis- tic for the status quo.

92 Harvard Kennedy School Journal of Hispanic Policy 2018, https://www.vanityfair.com/news/2018/11/ Endnotes alexandria-ocasio-cortez-vs-the-right-fox-news-social-media. 14 Gabriella Paiella, “Critic Tries to Discredit Alexandria 1 “Cardi B. on Love and Hip Hop Season 6 Promo..... Ocasio-Cortez for . . . Living in a House As a Child,” Washpoppin.com,” YouTube video, posted by The Cut, 2 July 2018, https://www.thecut.com/2018/07/ “Washpoppin TV,” 29 November 2015, https://www. alexandria-ocasio-cortez-critics-house.html. youtube.com/watch?v=kwLVEJYMstE. 15 Alexandria Ocasio-Cortez, Twitter post, 1 2 Gary Trust, “Cardi B ‘Moves’ to No. 1 on Billboard Hot July 2018, 12:54 p.m., https://twitter.com/AOC/ 100 With ‘Bodak Yellow,’ Post Malone Debuts at No. 2 status/1013480983327371264. With ‘Rockstar,” Billboard, 25 September 2017, https:// 16 Evan Comen, Samuel Stebbins, and Michael B. www.billboard.com/articles/columns/chart-beat/7973958/ Sauter, “U.S. economy: A rundown of the poorest county cardi-b-no-1-hot-100-post-malone-portugal-the-man. in every state,” USA Today, 22 January 2018, https:// 3 Dan Rys, “How Cardi B’s ‘Bodak Yellow’ www.usatoday.com/story/money/economy/2018/01/22/ Exploded on Streaming Services,” Billboard, u-s-economy-rundown-poorest-county-every- 19 September 2017, http://www.billboard. state/1045715001/. com/articles/columns/hip-hop/7968874/ 17 Helen Holmes, “Alexandria Ocasio-Cortez Is Quoting how-cardi-b-bodak-yellow-exploded-streaming-services. Cardi B on Twitter, and We’re Here for It,” Observer. 4 Eli Watkings, “Ocasio-Cortez to be youngest woman com, 20 November 2018, https://observer.com/2018/11/ ever elected to Congress,” CNN Politics, 7 November alexandria-ocasio-cortez-quotes-cardi-b-tweet/. 2018, https://www.cnn.com/2018/11/06/politics/ocasio- 18 Cardi B, “Best Life,” Invasion of Privacy, track 6, prods. cortez-youngest-woman-ever/index.html. Allen Ritter and Boi-1da, released 6 April 2018. 5 Shane Goldmacher and Jonathan Martin, “Alexandria Ocasio-Cortez Defeats Joseph Crowley in Major Democratic House Upset,” The New York Times, 26 June 2018, https://www.nytimes.com/2018/06/26/ nyregion/joseph-crowley-ocasio-cortez-democratic- primary.html. 6 David Roberts, “The Green New Deal, explained,” Vox, 7 January 2019, https://www.vox.com/ energy-and-environment/2018/12/21/18144138/ green-new-deal-alexandria-ocasio-cortez. 7 Guest Poster, “Black Women and the Politics of Respectability,” Black Perspectives, 24 April, 2017, https://www.aaihs.org/black-women-and-the-politics-of- respectability-an-introduction/. 8 Migos, Nicki Minaj, and Cardi B, “MotorSport,” Culture II, track 17, prods. CuBeatz and Murda Beatz, released 27 October 2017. 9 Cindy Díaz, “Cardi B compared herself to Selena in a new song, and fans are torn,” Vivala.com, 27 October 2017, http://www.vivala.com/music/cardi-b-trapselena/7523/some-fans-were-totally-on-board-with-the- quintanilla-reference/5. 10 Jennifer Lopez, “Dinero,” Por Primera Vez, track 2, prods. TBHits and DJ Khaled, released 17 May 2018. 11 Isabelia Herrera, “Cardi B Calls Herself ‘The Trap Selena’ on New Migos & Nicki Minaj Collaboration,” Remezcla.com, 27 October 2017, http://remezcla.com/ releases/music/cardi-b-trap-selena-motor-sport/. 12 Sesali B., “Explicit Content: A Brief Intro to Trap Feminism,” Feministing.com, n.d., http://feministing.com/2014/01/08/ explicit-content-a-brief-intro-to-trap-feminism/. 13 Tina Nguyen, “‘I think a lot of them can’t hide their misogyny’: How Alexandria Ocasio-Cortez De-fanged the Fox News Haters,” Vanity Fair, 26 November

Volume 31 | 2019 93 A Note to Henry A. J. Ramos

Last fall, Henry A. J. Ramos, founder of the Harvard Kennedy School Journal of Hispanic Policy and member of the Journal’s Executive Advisory Board, commu- nicated to us his intentions to step down from the board. While sadden by his decision, we want to take this opportunity to acknowledge Henry’s steadfast support and contributions to this publication over the past 30 years. A writer, artist and progressive public advocate, Ramos became a steady source of advice and inspiration for the Journal’s staff. Additionally, the Journal was also fortunate to be the recipient of some of his most inspiring artwork, Gardens at el Sueño, which graced the cover of our 30th Volume. As we publish our 31st Volume, in recognition of his tireless advocacy to advance policy issues that impact our community, our Executive Advisory Board named Henry A. J. Ramos Member Emeritus of the board. We have been fortunate to have known and worked with Henry A. J. Ramos over the years and are grateful that part of his legacy will live in the pages of the Journal for years to come.

With gratitude, The HKS Journal of Hispanic Policy Staff and Executive Advisory Board

Henry A. J. Ramos is a California-based artist, writer, and progressive public advocate. A graduate of the University of California, Berkeley (where he earned bachelor’s and law degrees) and the Harvard Kennedy School of Government (where he founded the Harvard Kennedy School Journal of Hispanic Policy), Ramos’s original artworks have been featured and sold in galleries and showing venues in New York City; Paso Robles, California; Lausanne, Switzerland; and Berlin, Germany.

94 Harvard Kennedy School Journal of Hispanic Policy Call for Submissions

The Harvard Kennedy School Journal of Hispanic Policy (HJHP) invites established and emerging scholars, including students, researchers, journalists, artists, and policy practitioners, to submit their work for JHP’s Volume 32 print publication. The JHP is accepting research articles, book reviews, commentaries, and artwork submissions relevant to the Latinx community in the United States for print publication consideration. All submissions must be the author’s original work.

Submission Guidelines • Print submissions must adhere to the Chicago Manual of Style formatting guidelines. • Research articles must be between 4,000 and 7,000 words and must include an abstract of no more than 100 words; • Book/flm reviews must be between 1,500 and 3,000 words and must include the full cita- tion, including publisher/director and year of publication/original release date; • Commentaries must be between 1,500 and 3,000 words and include references where appropriate; • Artwork should comment on the US Latinx community’s political, social, and/or economic condition and must be submitted as high-resolution fles (300+dpi, JPEG format). Each submission must include artwork title, artist name, medium, and year of creation.

How to Submit Prospective contributors must submit their works electronically via our website: http://hjhp.hkspublications.org. Each submission should include a cover letter with author’s (1) full name, (2) mailing address, (3) e-mail address, (4) phone number, (5) abridged biography of no more than 300 words, and (6) a professional headshot. Any supporting graphics, charts, and tables must be included as separate attachments.

Selected authors for both may be asked to perform additional fact-checking or editing before publication, and compliance with these procedures is required for publication. For questions/ concerns, send an email to [email protected]. The Harvard Kennedy School Journal of Hispanic Policy (HJHP) is a non-partisan academic review that publishes interdisciplinary works on US Latinx politics and public policy. JHP is published annually by the John F. Kennedy School of Government at Harvard University.

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