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| | Take a look this. Such posters served as warnings to black populations in Massachusetts following the passage of the Fugitive Slave Act in 1850. The 1850 act allowed for the recapture, detention and repatriation of runaway slaves hiding in free territories. Although the law was supposed to apply to fugitive slaves, it wrought havoc on all categories of blacks, including runaways, but also free blacks and children of former slaves. It was a federal law that forced the cooperation of state and local authorities in the North with the pro-slavery South. By compelling the use of local resources to perpetuate the slavery regime, it angered even the most moderate of abolitionists, leading to the Civil War. | |
> > | "Moderate abolitionism,"
though it's a phrase that could be used in a study of abolitionist
ideologies, doesn't make much sense when used to describe the span of
social opinion overall. "Abolitionists," those people committed to
the direct and entire abolition of slavery and equality for the
freedmen, hostile to the US Constitution because of its compromise
with the "Slave Power," were extreme persons in 1850, though they may
have comprised the plurality of opinion in some parts of New England.
You might have said that recaption and rendition were part of the
process that radicalized moderate anti-slavery opinion.
The idea, however, that the radicalizing effect of the Second
Fugitive Slave Act lay in forcing the cooperation of local
authorities is ahistorical. The First Fugitive Slave Act, of 1793,
required more local cooperation than the Second, which created
federal commissioners to hear and determine issues of status and
rendition. The creation of federal commissioners resulted
specifically from the refusal of state officials to perform their
roles. The statute's effect was to create a biased federal
administrative judiciary (which was paid more for rendering a slave
than for finding that the person sought was not a fugitive from
servitude) in order to avoid reliance on increasingly antislavery
judges.
| | A. The Fugitives of Today | |
< < | Something eerily similar is happening today. Our fugitives are immigrants, both documented and undocumented, and they are being arrested, imprisoned and deported in ever-increasing numbers. The 298,401 people involuntarily deported in 2009 included undocumented immigrants, political asylees whose petitions were denied and documented immigrants with criminal records. Such completely different categories of immigrants are all considered "fugitives" for detention and deportation purposes and they are treated with utmost disrespect by the authorities. | > > | Something eerily similar is happening today. Our fugitives are immigrants, both documented and undocumented, and they are being arrested, imprisoned and deported in ever-increasing numbers. The 298,401 people involuntarily deported in 2009 included undocumented immigrants, political asylees whose petitions were denied and documented immigrants with criminal records. Such completely different categories of immigrants are all considered "fugitives" for detention and deportation purposes and they are treated with utmost disrespect by the authorities.
An ugly neologism,
created after 1950, when the world had apparently lost all knowledge
of Greek. Why use it? | | B. A Not So Slight Difference | |
< < | The story of racism and mass oppression of insular minorities is the same, except for one major difference - today’s local authorities volunteer to collude with the "fugitive hunters". One specific provision of the current immigration law has made this possible and indeed encourage it. Section 287(g) of Immigration and Nationality Act (INA), added in 1996, has been used to unjustly detain and deport both documented and undocumented immigrants using local law enforcement skills, resources, and personnel. | > > | The story of racism and mass oppression of insular minorities is the same, except for one major difference - today’s local authorities volunteer to collude with the "fugitive hunters". One specific provision of the current immigration law has made this possible and indeed encourage it. Section 287(g) of Immigration and Nationality Act (INA), added in 1996, has been used to unjustly detain and deport both documented and undocumented immigrants using local law enforcement skills, resources, and personnel. | | II. What the Law Is | | IV. Conclusion | |
< < | If the mistreatment of fugitives has historical precedents, the remedy might too. Short of comprehensive immigration reform or invalidation of the 287(g) program, there may be smaller scale solutions. In response to the gross abuses of the Fugitive Slave Act of 1850, many states passed new personal liberty laws, which, inter alia, impeded the federal government by refusing the use of their resources. In an ideal world, state legislatures would pass similar personal freedom laws and local agencies would refuse to help ICE. It would also help if more Americans started organizing and making modern versions of the poster you saw earlier. | > > | If the mistreatment of fugitives has historical precedents, the remedy might too. Short of comprehensive immigration reform or invalidation of the 287(g) program, there may be smaller scale solutions. In response to the gross abuses of the Fugitive Slave Act of 1850, many states passed new personal liberty laws, which, inter alia, impeded the federal government by refusing the use of their resources.
Hardly an example one
would want to have to emulate, in view of the deterioration of the
Union. From a historical point of view, you should have pointed out,
this was merely an intensification of the confrontation between
antislavery state governments and the imperial federation that led to
state anti-kidnapping enforcement against recaption, thus to Prigg v. Pennsylvania, to resistance to the First Fugitive Act, to the
Compromise of 1850, and (after the personal liberty laws began to
produce violent resistance to federal rendition) to Ableman v. Booth and eventually the dissolution of the
Union.
In an ideal world, state legislatures would pass similar personal freedom laws and local agencies would refuse to help ICE. It would also help if more Americans started organizing and making modern versions of the poster you saw earlier.
But of course, that's
not what's going to happen. Cities in which immigrants and the
children of immigrants have been the bones of the political system
for generations will continue to refuse assistance and to render as
much equality of service to undocumented persons as they can. In
white suburbs, along the southern border, and in communities heavily
suffering from unemployment in hard economic times, "illegal aliens"
are the consensus target of white supremacy and other nativisms,
pro-worker populism, and the rage of taxpayers paying high property
taxes on underwater properties, who believe that undocumented persons
expensively overuse public services without paying for them. Too
many votes exist in those places for the Republican Party to ignore,
and the "national security" hysteria it continues to employ as a
weapon against the left and the Democratic Party, and in support of
law enforcement and other uses of public force, too closely
predisposes it towards a para-military view of immigration matters
for there to emerge in the near- or medium-term any workable
legislative solutions. George W Bush showed the impossibility of
undertaking any significant movement when he was the Republican
President with a Republican Congress; Obama has indicated that he
will now try, in the aftermath of his current legislative victory,
but he will not be able to hold the Democratic Congressional party
together on this as he did on health care, and he will get no
Republican support.
Pressure to moderate the
system will be exerted by one branch of elite opinion (like the
owners of the New York Times, or the members of National Public
Radio), while fulmination against "illegals" will occur in the
opinion-control systems of the right, meant to play to a
substantially larger if less "influential" audience. Where this
essay could usefully be revised, I think, is to substitute for the
politics of the 1850s (which even if accurately rendered are not
really relevant) a more direct analysis of the political
possibilities in the present situation. | | \ No newline at end of file |
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