Law in Contemporary Society

View   r3  >  r2  ...
KrishnaSutariaFirstPaper 3 - 04 Apr 2010 - Main.EbenMoglen
Line: 1 to 1
 
META TOPICPARENT name="FirstPaper"
Line: 10 to 10
 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.
Added:
>
>
"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

Changed:
<
<
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

Changed:
<
<
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

Line: 48 to 78
 

IV. Conclusion

Changed:
<
<
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

Revision 3r3 - 04 Apr 2010 - 16:25:10 - EbenMoglen
Revision 2r2 - 24 Mar 2010 - 00:24:36 - KrishnaSutaria
This site is powered by the TWiki collaboration platform.
All material on this collaboration platform is the property of the contributing authors.
All material marked as authored by Eben Moglen is available under the license terms CC-BY-SA version 4.
Syndicate this site RSSATOM