Search Results for: education

Giving Up the Ghost

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Emily Urquhart | Longreads | August 2018 | 19 minutes (4,759 words)

 
After he died, I began to see my brother with surprising frequency. These appearances were not ghostlike apparitions, nor were they dreams. Instead, I saw him in the bodies of strangers. He was waiting for the traffic light to turn so he could cross a busy intersection. A man tipped his hat skyward to read a street sign and my brother’s face hovered beneath the brim. He was the token collector at the entrance to the subway, and he was the lone soup-eater in the basement food court of a downtown shopping mall.

I couldn’t anticipate these visitations. They happened at random and unexpectedly. The people I’d imprinted with my brother’s image were only shades of him — dark hair, a downward slope to their shoulders, a bushy mustache, thick-rimmed glasses. This was fitting because, even in life, I didn’t know him well. My brother was 11 years old when I was born, and we had different mothers. As a child he’d visited on weekends with my other brother. We’d overlapped in adulthood only briefly, so my memories of him are from childhood. They are fleeting and jumbled. It was only after my brother died that I discovered his first name had been Joseph. A name chosen by his mother, but secreted away after birth in favor of his middle name. I learned this from my father when I was tasked with writing my brother’s obituary. I remember feeling awed and somewhat ashamed that I could have spent 24 years in my brother’s orbit but not know his given name. This was just one of the ways I didn’t understand who he was. This unknowing compounded the loss, which was tragic and grim, and I think this is why I bumped into him so often after he died. When he was alive, I never ran into my brother in the city where we both lived.

I was young then, my footing in the world unsure and sometimes timid. When my brother died, I was a few weeks into my second year of a graduate program in journalism. I believed I would never return to school and that I would never write again. I felt suspended among wilted funeral flowers and well-intentioned casseroles with a grief that would last indefinitely. But after two weeks I left my parents’ country home and returned to the city, resumed my studies, and re-entered my life. My upstairs neighbor serenaded me when I arrived at my apartment, assuming all the cards and flowers that had collected at my front door were birthday greetings. I thanked him, gathered the well-wishes, and stepped back into my old life, which was physically and structurally the same, but emotionally rearranged.

I don’t remember the first time I saw my brother in a passing stranger, but I do know that it went on for years. I didn’t investigate why these sightings happened, or if they happened to anyone else. It would take another 17 years for me to do this. Approaching middle age and now a mother, I’m a more confident version of my earlier self. I’m a journalist rather than a trainee, and I’m a folklore scholar. I interview people about their supernatural experiences, respecting their beliefs, no matter how far they stray into otherworldly terrain. In this way, I am now uniquely positioned to turn my gaze inward and question myself.
Read more…

The Last of the Live Reviewers: An Interview with Nate Chinen

Fabrice Coffrini / Keystone / AP, Pantheon Books

Matthew Kassel | Longreads | August 2018 | 14 minutes (3,488 words)

Jazz has changed a lot over the past 100 years or so of its existence, but it has never been as stylistically varied — or more packed with practitioners — as it is at the present moment. That’s a good thing for listeners, who now have many points of entry if they are new to the music and don’t necessarily want to start with a record that was cut 50 years ago. Mary Halvorson’s slashing guitar, for example, may appeal to more punk-minded listeners. The pianist Robert Glasper’s Dilla-esque grooves are a good gateway for hip-hop fans. And the tenor saxophonist Kamasi Washington’s sweeping, spiritual-minded albums are a potential attraction for jam band aficionados. There’s a lot going on.

And yet, at the same time, there are probably fewer people writing about modern developments in jazz than ever. While niche magazines like JazzTimes and DownBeat are still going strong, there is scant jazz coverage in mainstream music publications (which tend to treat jazz like a novelty item), and the New York Times no longer runs weekly live jazz reviews (a recent development). Nate Chinen was, in fact, the last person to review jazz shows on a regular basis there, a position he left in 2017 after a dozen years contributing to the paper. He is now the director of editorial content at WBGO, the Newark public radio station.

In his new book, Playing Changes: Jazz for the New Century, Chinen draws on his experiences as a former newspaper critic, attempting to make sense of what’s been going on in jazz over the past few decades. It isn’t an easy task, and he does a good job collating a whole lot of material, pulling on interesting threads and adding context for readers who may not be all that familiar with the reasons why Wynton Marsalis wasand still is, to an extent — a polarizing figure. Mostly, Chinen approaches jazz on its own terms. He describes what the music sounds like now and conveys to readers where modern jazz artists are coming from. In doing so he’s created a book that is truly of its time. Read more…

On Not Being Able to Read

Kaimantha / Unsplash, Photo illustration by Katie Kosma

Tajja Isen | Longreads | August 2018 | 14 minutes (3,869 words)

They told me I wouldn’t be able to read anymore. That the pleasure of the text, like a lover in a non-law degree, would slowly grow opaque to me — if pleasure were something I even had time to consider. In exchange, I’d learn how to do other things with words: plow through pages of bad legal prose and extract the principle like an animal’s delicate skeleton. Hold up the skull to the dim courtroom light and proclaim its equivalence to the fossils of a different era, a strange phrenology. Memorize the divots in the bones of critters past. Legal education calls this “learning to think like a lawyer.”

After a few weeks of living that story, my body and I revolted at cross-purposes. The stresses of the program congealed into physical illness, which offended me; more often, panic meant productivity. Rather than resting, I hauled myself to a campus book sale I can only recall in feverish splashes — an indiscriminate hunger to grab and possess; the close press of bodies in airless rooms; violent shivers that kept sending my stack of books askew — and somehow came home with a shelf’s width of volumes: Stendhal and Dickens and DeLillo and Mann; Maugham and Poe and Davies and Irving; Gallant and Munro and Atwood and Moore. Mostly men, all of them white, and completely in violation of my network of rules for used book condition. More striking still was that nothing in the stack seemed to call to me, which was likely strategic. Even fever-drunk — a state in which, apparently, I backslid into canonical reverence — I sensed that it would lessen my feelings of loss if the books I kept around me were not ones I burned to read. Loading up my shelves was more gestural than practical; a finger to the mythos of the law school and a memorial to a version of myself that I refused to let disappear entirely. Read more…

Finding True North

Illustration by Kevin Whipple

Amy Bracken | Longreads | August 2018 | 27 minutes (6,729 words)

Samuel* bears the scars — above his mouth, on the top of his head, on both arms, on one leg — six bullet wounds in all. They’ll be considered as evidence when he goes before a Canadian immigration judge and he’ll have to tell the story that still makes his voice shake, about how gunmen attacked him at a Port-au-Prince intersection in 2013 and left him for dead. As a young police officer, he had witnessed men transporting weapons and drugs hidden in a truckload of plantains. Two of Samuel’s colleagues who were also present at the time have since been killed, he says, and when Samuel was shot at again in 2015 while taking his children to school, he knew he “had to leave Haiti.”

Thus begins the story of how Samuel, his wife, Darline, and their 1-year-old boy found themselves in a basement apartment on a chilly fall day in a quiet neighborhood of Montréal. They are part of a massive influx of asylum-seekers — mostly Haitian — who fled the United States for Canada last summer. They came at the peak of that influx, in early August 2017, when every day more than 200 people took a bus to upstate New York, then a taxi to the border, where a country road ends in grass and a well-worn dirt path. They breached the invisible boundary and turned themselves in to a Canadian Mountie, setting in motion the long process of trying to start a new life in a new country.

The urge for so many to leave the United States began to build with the election of Donald Trump and his anti-immigrant rhetoric. Then, in spring 2017, John Kelly, Secretary of Homeland Security at the time, announced that Temporary Protected Status (TPS) for Haitians would expire in January 2018. TPS had been granted to some 50,000 Haitians living in the United States, protecting them from deportation, after a massive earthquake struck their country in 2010. Although Secretary Kelly said that renewal of TPS was possible, he suggested it was unlikely, and he urged recipients “to use the time before January 22, 2018, to prepare for and arrange their departure from the United States.” (In November, the Trump Administration announced that TPS for Haitians would instead end in July 2019.)


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Canada became the destination for TPS recipients and many others when, in June, social media messages encouraging Haitians to apply for residency here, some even falsely claiming that the Canadian government would cover all fees, went viral. The messages spread feverishly among Haitians across in the United States and beyond.

The number of asylum claims at the Québec border had climbed since the start of 2017, but then it shot from 975 in June to 2,775 in July, and more than doubled again to 5,650 in August. Most of those claimants were Haitian.

A so-called “safe third country” agreement between the United States and Canada, in place since 2004, means that anyone presenting himself at a U.S. border station crossing to seek asylum in Canada must be turned back — with few exceptions made for some, like those with close family ties in Canada. The rule does not apply to those who cross between official ports of entry, have themselves arrested, then apply for asylum in Canada. With much of the U.S.-Canada border dominated by lakes, rivers, and remote fields, and with much of the U.S. Haitian population based on the eastern seaboard, the accessibility of the New York–Québec stretch made it the chosen entry point for the vast majority of migrants.

Samuel* bears the scars — above his mouth, on the top of his head, on both arms, on one leg — six bullet wounds in all.

As the number of irregular border-crossers mounted, public officials, service providers, and the media focused heavily on the misleading social media messages that encouraged them to come north, suggesting that deception was largely responsible for the influx and that those messages were setting migrants up for disappointment.

Indeed, most of the travelers I interviewed for this story said they had been inspired by WhatsApp and Facebook posts. One said that fellow travelers were startled by the sight of a police officer arresting people at the border, and most were unaware that in 2016, Haitian asylum claims were only accepted about 50 percent of the time.

However, newcomers’ assessments of whether or not coming to Canada was the right choice goes well beyond merely weighing the odds of getting residency or considering the fees. By other measures, there is enormous benefit in coming north.

For one, immediate deportation from Canada is unlikely for most. The fate of many who entered last summer will still be unresolved months or years from now, thanks in large part to a backlog. More than 50,000 asylum claims were made in Canada in 2017more than double the number in 2016. One result is that many saw their scheduled eligibility hearings pushed back indefinitely. A spokesperson for Canada’s Immigration and Refugee Board said in February 2018 that projected hearing delays were about 20 months — despite efforts to step up capacity, such as the temporary designation of 17 Refugee Board members to focus specifically on processing the claims of recent border-crossers. The process will be longest for those whose claims are rejected, as they are entitled to appeal multiple times, dragging the process out for what might be several years.

Meanwhile, as they await a ruling on their fate, the life that Haitian asylum-seekers are able to live in Québec is often starkly different from what they had experienced in the States. Many quickly gained a foothold in Canadian society, are beginning to integrate, and are breathing easy in a way that they never could south of the border. But for some, the delays can be excruciating, for one reason above all: They prolong the time before they can send for family members they had to leave back home.

* * *

Samuel didn’t aspire to live in North America. He tried to make his way in Haiti as he was able. “I entered university but wasn’t able to finish,” he says. “I had to make a living, so I entered the police because it’s the one institution in Haiti that will hire anybody who is intelligent and physically fit.” It wasn’t a great job. He says his life was at risk on a number of occasions, yet he didn’t have a choice but to stick with it. Until he didn’t have a choice but to leave.

After Samuel was shot in Haiti in 2013, he spent two months in the hospital. Even today he has some pain in his right hand, and his fingers don’t work properly, jutting out awkwardly like sticks. And the violence did not affect him alone. He says it hurt his oldest child most.

“My daughter, who was four at the time, was shocked and traumatized,” he says. “When I returned from the hospital, she wouldn’t come near me, she was so afraid of me when she saw the scars.”

After Samuel was shot in Haiti in 2013, he spent two months in the hospital. Even today he has some pain in his right hand, and his fingers don’t work properly, jutting out awkwardly like sticks. And the violence did not affect him alone. He says it hurt his oldest child most.

When he was shot at the second time, the gunmen missed, but Samuel lost control of his motorcycle, throwing himself and his children to the pavement. Later, he says, “my daughter kept yelling, ‘Look, there’s the car that made us have an accident! Look at it, Daddy!’”

Like most Haitians crossing into Canada last summer, Samuel and Darline had entered the United States legally, flying in with five-year tourist visas. But they had been unable to get visas for their children, so they left them in Port-au-Prince with Darline’s mother. It was the hardest thing about being in Boston, but it was far from the only major challenge. Their visas did not allow them to work. Being broke, they couldn’t pay for an attorney to take Samuel’s asylum case — nor could they find one who would work pro bono. They couldn’t afford housing, so they stayed with a cousin until, Samuel says, “after six months, my wife and I needed to be independent, so we set out to find our own housing.” They wound up in a family homeless shelter an hour outside Boston, where they would spend the next year.

Samuel says messages kept circulating on Facebook about the promise of moving to Canada, but at first the couple ignored them, feeling that moving to a new country held too much uncertainty.

In July 2017, Samuel finally got his work permit, but Darline did not. And there was a drumbeat they could not ignore. “Trump was really applying pressure, sending messages that if you don’t have papers, you can’t stay in the country,” Samuel says. “I couldn’t return to Haiti. There was too much at stake. We decided it wasn’t worth [staying there]. We had to cross over to Canada.”

* * *

On an evening in August 2017, on a strip of highway in, Plattsburgh New York, near a Dollar Store, a Super 8 motel, and an A&W fast-food restaurant, a bus pulled into a Mobile station parking lot. Slowly, the front door opened, and a plastic toy truck tumbled down the stairs and hit the pavement. A family followed, lugging bags bursting at the seams. Then out came another, then another. About 20 Haitian men, women, and children descended from the bus and began looking around for taxis. Those days there were many more cabs than usual. After migration through the area exploded, new companies popped up, and old ones began working extra hours and longer routes. They also began charging astronomical prices. The New York Attorney General’s office fined a taxi company for charging migrants up to hundreds of dollars in excess of the going rate.

The cabs headed north on the highway, then along some country roads through vast stretches of cornfields punctuated by trailer homes, then down quiet, green, Roxham Road, until, at the end, beyond a thicket of vines and Queen Anne’s lace and signs that read Road Closed and No Pedestrians, a white canopy tent appeared. A Canadian police officer stood before it, poised like a nightclub bouncer, ready to check IDs at the door.

Matthew Turner had moved into a trailer home on Roxham Road in October 2016 and said that ever since then he’d been seeing taxis drive past his house to the dead end. Last summer it was a steady stream of cabs, often with names he’d never heard of. He said he found it annoying when cars unloaded in his driveway, especially if the travelers dropped trash. But he placed blame elsewhere. “All they’re trying to do is escape a pretty crappy system that we constructed because a blond wig got elected into office,” he said. “It’s sad, really. The whole Ellis Island thing just went out the window, and now they have to leave our country and seek it in a country that’s, honestly, at this point, better than ours.”

Turner, who lives with his wife and young son, works temp jobs, mostly loading and unloading for shipping companies. He said finding work is hard, but the best companies — in terms of safety, pay, and organization — are Canadian. He, too, imagines life to be better on the northern side of the border, in part because of universal health care.

As we spoke, a taxi marked WISH TRANSPORT passed, reached the end of the road, and deposited three people.

As we spoke, a taxi marked Wish Transport passed, reached the end of the road, and deposited three people. They formed a single-file line where the dirt path began. The middle-aged man at the back stood stiffly, clutching the handle of his zebra-print wheelie suitcase as he watched the others cross. I asked why he had come.

“I had problems in the U.S.,” he said.

“Is it because of TPS?” I asked.

“Yeah,” he said.

In loud, slow English, the officer asked him, “Monsieur, do you speak English?”

“A little.”

“OK, this is the Canadian border right here. OK? Over there, you’re fine. As soon as you cross over here, you’ve entered Canada illegally, and you’ll be placed under arrest. OK?”

“OK.”

“Do you understand that?”

“Yes.”

“OK, so you decide if you want to enter Canada. If you come in here, you’re under arrest, and then whatever the consequences are, you’ll have to deal with them.”

“OK.”

With that, the man soberly approached the policeman, luggage scraping along the dirt path. The officer told him he was under arrest and had a right to an attorney. He didn’t handcuff the man, though. Instead, he pointed to a sanitizer dispenser and asked him to wash his hands, before escorting him into the tent for processing.

Where Roxham Road picks up again, as Chemin Roxham, cornfields give way to orchards and houses obscured by high hedges. At the corner, there’s a turtle-crossing sign, and the air smells of apples. From the white tent, a bus took the new arrivals down narrow country roads and across a highway to a camp at the official border crossing a few minutes away. In August 2017, with the number of new arrivals exploding, the Canadian military set up rows of green canvas tents at the official crossing, as well as at a conference center in Cornwall, Ontario, with a combined capacity of close to 2,000 people. The Canadian Red Cross was at this camp, handing out blankets and hygiene kits, assigning beds, and performing medical checks.

* * *

In late September, perhaps unaware that the military had begun dismantling the camp at the border because of a decline in the number of border-crossers, the anti-immigrant, right-wing Canadian group Storm Alliance had chosen the spot for a rally. Several dozen men and women, looking like a motorcycle gang in black clothing and bandanas, marched toward the border, between the highway and the tent camp, some waving signs with crossed out pictures of Prime Minister Justin Trudeau. But they were stopped short by a boisterous crowd, a bit larger than their own, of young anarchists and members of Solidarité Sans Frontières, who chanted, “Haitians in, racists out!” and held signs with slogans like Make racists afraid again, and a banner with a sketch of President Trump’s crossed-out face, and the words Resist the Far Right — some of many indications that these activists also worry about a threat from south of the border.

In the province of Québec, public sentiment about the new arrivals has been mixed. At the height of last summer’s migrant influx, a poll by the media agency SOM-Cogeco Nouvelles found that 51 percent of Québec residents believed migrants should be prevented from crossing the border into Canada. It also found that 39 percent of the Québecois surveyed believed the influx would make the province less secure.

Still, generally what the newcomers experience upon arrival is a relatively warm welcome by the Canadian government and key organizations working alongside it, like the Canadian Red Cross. When Samuel and Darline spent a few days at the border at the height of the influx, the military camp hadn’t opened yet, and they say the government was clearly not ready for such a flood of people. For them, it meant standing in long lines for medical checks, photos, and fingerprinting. But they’re quick to add that the welcome was generally good. “They don’t push you around,” Samuel says. “They don’t handcuff you. They speak with you intelligently and in a way that you can understand. Everything went really well.”

Still, generally what the newcomers experience upon arrival is a relatively warm welcome by the Canadian government and key organizations working alongside it, like the Canadian Red Cross.

The language helps. Although many of the Canadian police who are greeting and arresting people at the unofficial border do not speak French, most officials in Québec after that point do. And for Haitians who do not speak French, at some points there are Haitian Creole interpreters.

Last August, after spending a few hours to a few days at the border, newcomers were bused to an immigrant shelter in Montréal. Normally there is only one such shelter, a YMCA. Over the summer, 12 more were added. Now there are just four.

Samuel and his family were dropped off at the Y, where they were connected with all the information they needed about government services, such as health care, and then they went to stay at Samuel’s brother’s place in Montréal. On August 14, 12 days after crossing the border, they began getting their monthly check from the Canadian government — about $1,122 Canadian ($883, in U.S. dollars) for the family, and they began looking for their own place.

The apartment hunt was hard at first, with landlords demanding references and credit reports, but then a Turkish immigrant, who lived above a rental unit, “saw our temperament and saw what kind of people we are,” Samuel says, “and demanded neither credit nor references.” He charges $600 Canadian ($472 U.S.) for the one-bedroom. With the government stipend, it left the family a little over $400 a month for food and incidentals, but Samuel says they were used to being frugal.

It’s easy to understand the landlord’s assessment of the family. Samuel is thin, with delicate features, and a soft, contemplative air, defying any stereotype of a police officer. And when I visited, Darline smiled warmly from the couch, where she nursed a robust 1-year-old, before releasing him to trot around the living room, making eye contact with each adult before bursting into delighted laughter.

A paper banner on the otherwise blank wall proclaimed Bon Fet – a Haitian Creole birthday celebration to honor Samuel, turning 36, and his son, turning 1. The rest of the place was immaculate, with only a few objects — synthetic flowers adorning a shiny yellow varnished wood dining table.

After more than a year of being homeless, lawyerless, and jobless in the States, Samuel and Darline were able to get their own place in Canada in less than a month. They’d also been assigned a public defender, accessed basic health care, and started getting free monthly public transportation passes. “Everything is moving much faster here,” Samuel told me last September. He knew he might never get to bring his two older children here to Canada, and that they might instead end up back in Haiti, but at the time he felt he’d placed his bet on the right country. “I don’t know tomorrow,” he said, “but I don’t regret coming to Canada, because the three of us, we’re really comfortable here.”

After more than a year of being homeless, lawyerless, and jobless in the States, Samuel and Darline were able to get their own place in Canada in less than a month.

Two months later, in November, the couple got their work papers, and Samuel found a minimum-wage job through a temp agency, scanning orders at a clothing-rental company.

But not everything was as fast as they’d like. It took months more for Darline to find work, and the asylum eligibility interview Samuel had scheduled for December was postponed indefinitely.

Most of the new arrivals stay at shelters for their first weeks in Montréal, until they start getting their monthly check and find their own place. When the provincial government saw that the YMCA would not be enough to meet the need, it cast around to see who had space, and managers of the Olympic Park, used in the 1976 Summer Games, offered up part of the stadium to eventually accommodate 900 people in rows of cots, while all around international competitions, concerts, and the renovation of the stadium’s landmark skyline tower whirled on. Other shelters opened around town, including in an old hospital and an old convent, but it was the image of refugees — mostly from Haiti, but also from around the world (other top asylum-seeker nationalities were Nigerian, Turkish, and Syrian) — being bused to the stadium that brought in waves of international media.

It also attracted activists. An anti-immigrant demonstration to be held outside the Olympic Stadium was canceled, but a pro-immigrant counter-rally went ahead, drawing hundreds of people, many carrying Réfugiées Bienvenues signs.

The stadium stopped housing migrants in September 2017, and today, due to the drop in new arrivals, the only shelters in use are an old hospital, an unused youth center on the grounds of what feels like a leafy boarding school campus, and the YMCA near downtown.

* * *

Jesula and James moved into the Y after coming to Québec in August. Their story is starkly different from that of Samuel and Darline, but it’s not unusual among new Haitian arrivals from the United States. For them, Canada is the eleventh country — and, they hope, last — on an odyssey that began more than a decade ago.

The two were high school sweethearts in the dusty northern Haitian city of Gonaïves. James remembers relatives who lived in the States coming back to visit and being treated like royalty. “I thought the sky over the U.S. was different from the sky over other countries,” he says with a laugh. Still, he never wanted to leave Gonaïves. He excelled in school, participated in a local debate club, and played on a national youth soccer team. But after their city was virtually wiped out by floods from a tropical storm in 2004, he decided to move to the Dominican Republic to live with his mother and continue his education there. His dream was to get a medical degree and return to Haiti to help meet a desperate need for doctors.

Jesula, meanwhile, stayed in Gonaïves. In the market, she sold goods imported from Canada with the help of relatives here. Assuming she had money because of her business, she says, thieves raided her house, stole her things, and raped her.

Asked if the perpetrators were caught, she laughs bitterly and says, “In Haiti, it’s not like it is here.”

Traumatized and fearful, Jesula fled to the Dominican Republic to live with James. But things didn’t work out there either. Both lacked the funds to complete school, and both were unable to find work.

Soon Brazil beckoned. Its economy was booming, and it needed workers to prepare for the World Cup and the upcoming Summer Olympics. In 2012 James made his way there, and in 2013 Jesula joined him. “There was no stress because from the moment we got there we were so lucky,” Jesula says. “I arrived in September, and in January I had residency. Imagine how comfortable we were.” Both found jobs easily, learned Portuguese, and settled in, forging strong friendships and a sense of community. But by 2015, the Brazilian economy was in serious trouble, jobs were lost, and Haitian migrants were no longer welcome.

Like thousands of other Haitians, Jesula and James made their way north, through Colombia, Central America, and Mexico, and finally to the United States. Once there, also like thousands of others, they were thrown in detention.

Their treatment by U.S. officials came as a shock. “I thought the U.S. was like Canaan, like paradise, like something out of the Bible,” James says. But as soon as they crossed the border, the couple was split up and sent to separate detention centers.

On an August afternoon in 2017, the couple sat in a park across the street from the Y, where they’d stayed for the previous four nights. Swing music blasted from a speaker nearby, and a man came over to ask if they want to join a free dance class. They politely declined.

Both said they felt at home in Canada. James dreamt of getting a doctorate in anthropology, and Jesula wanted to go to nursing school and learn to draw landscapes. She was pregnant for the third time. She’s miscarried twice — once in Brazil and once in the United States, but here she said she believed everything would work out. “I’m better here,” she said, “because I don’t like living in stress, and there [in the U.S.], the president would say something different every day, so I didn’t know where he really stood on anything. Here I can just be at peace.”

After arriving in the United States, they were detained for just a few days. They say they were lucky to be released much sooner than other Haitians, but the rest of their time in the States was hard. They moved to Boston, and eventually James got a work permit and a job, but the permit was set to expire last September, and he’d been unable to renew it. He also didn’t feel he was making progress in his asylum case.

Finally, Trump took office. “We heard about people being deported for nothing … people who went to see a judge and got deported,” James says. “We were afraid.”

Removals overall have slowed under Trump, but for Haitians they jumped from 300 in the 2016 fiscal year to 5,500 in 2017. That’s largely due to the end of a stay on deportations and a surge in Haitian migrants entering through Mexico. Meanwhile, arrests of immigrants with no known criminal conviction by Immigration and Customs Enforcement more than doubled from 2016 to 2017. Behind those stats are countless stories of men and women who have lived in the United States for decades being taken from families, jobs, and communities, often at a regular check-in at an immigration office.

* * *

Comparisons between the United States and Canada are constant, especially among those who entered both countries illegally. One man describes surviving a harrowing boat trip from the Dominican Republic to Puerto Rico only to be shackled at the wrists and ankles by U.S. border patrol agents. Others talk about being thrown in cold cells at the Mexico-U.S. border.

Elsie is a nurse and a resident of Sainte-Anne-des-Plaines, in plateau farm country north of Montréal. She has been living in Canada for 30 years, but occasionally returns to her Haitian homeland. “I’m proud to be Canadian and proud to be Haitian, too,” she says. And she stays tuned in to the experiences of Haitian migrants around the region.

She spent a Sunday afternoon in October 2017 like she spent most Sundays: cooking rice and beans for family members and venting about what she’d been hearing. “There was that little Haitian woman who went to the U.S. from Brazil,” she said, “and she had to pay $20,000 to get out of prison! It’s a business! If people don’t pay $15,000 to $20,000, they put them on a plane.” Elsie understands that people are not deported merely for failing to pay the required bond, but she also knows that asylum-seekers are much less likely to get asylum if they are stuck behind bars. “Canada respects asylum law,” she said. “They don’t respect asylum law in the United States right now.”

In his first week in office, President Trump issued an executive order expanding the grounds for which immigrants can be detained, and limiting the use of parole for detained asylum-seekers. Over the first eight months of his presidency, according to a report by the nonprofit Human Rights First, parole rates for asylum-seekers appear to have plummeted, asylum-seekers are held for many months, and sometimes their release is contingent on payment of bonds as high as $15,000 to $20,000.

Canada respects asylum law,” she said. “They don’t respect asylum law in the United States right now.

Elsie’s Sunday gatherings now feature a special guest — her younger brother Yves. In July, Yves walked across the border at Roxham Road, then skipped the shelter by staying with his sister. He says he fled Haiti for the United States after “jealous” people attacked his business in Port-au-Prince. But with Trump in office, he says, he had a bad feeling about his prospects there. “He was withdrawing everything, banning refugees, talking about eliminating TPS, getting rid of protections for immigrants who came as children … so I didn’t know if I could get asylum.”

Like Samuel and Darline, Yves says he had to leave a child back in Haiti, so he’s anxious to get papers to bring her here.

Within a few months, Yves had his own place and a job at a pig slaughterhouse, but in April, a judge rejected his asylum claim, saying he should have sought protection in the United States. Yves is appealing the decision and says, whatever the outcome, he’s still convinced he made the right decision in moving to Canada. “Even if some of us are not qualified [for asylum],” he says, “the welcome is completely different here.”

* * *

In my conversations with asylum-seekers last year, I kept bringing up the statistic I’d seen, that only about half of Haitian asylum-seekers with cases finalized in 2016 were granted asylum. (For 2017, the acceptance rate dropped to 22 percent.) The response was usually a recognition that they might not succeed but an insistence that they made the right choice in coming to Canada anyway.

As Matthew Turner, the Roxham Road resident, suggests, “that Ellis Island thing” is more evident in Canada than in the United States today. This is certainly true in public discourse. In October, Canada swore in a new Governor General, an important Canadian figurehead selected by the Prime Minister. Trudeau chose astronaut Julie Payette, who delivered an installation speech in a mix of French and English, dotted with phrases in Algonquin. The speech seemed a delineation of what distinguishes Canada from its southern neighbor today. She talked about the importance of trusting science, of internationalism, tolerance, and compassion, and among her last words were these: “We are the true north, strong and free, and we should always look after those who have less, stand up for those who can’t, reach out across differences, use our land intelligently, open our borders, and welcome those who seek harbor.”

When it came to Syrian refugees, in the past couple of years, Canada has served to inspire and shame Americans wishing to be a more welcoming country. Since November 2015, more than 54,000 Syrian refugees have resettled in Canada, compared with fewer than 19,000 in the United States. Facebook video posts showed Prime Minister Justin Trudeau greeting families at the airport with winter coats and words of welcome. Meanwhile, tens of thousands of regular citizens stepped in to help. Private sponsors actually brought in and supported 43 percent of those refugees for a year.

It would be hard to draw comparisons between pre-approved Syrian refugees flying in and Haitians crossing the border and being arrested. For one, there is no private sponsorship system in place to care for the new arrivals from the States. However, many private organizations in and around Montréal are committed to helping them get settled and integrated.

Take Christ en Action church. It’s in an unmarked brick box-shaped building in a quiet neighborhood, but on Sunday mornings the drums draw you through the open door and into a vast space packed with parishioners in a full spectrum of garb, from form-fitting dresses to suits in black, white, and shiny pastel damask. Several turn to greet unfamiliar faces, offering greetings in French.

The churchgoers — largely Haitian and African — pride themselves on the warm welcome. At a service last September, Pastor Fofy Ndelo, who is Congolese, said a few words in Haitian Creole, then returned to French to give an update on which donations were now needed for “the refugees” — winter coats for adults and children, as well as furniture and bedding for those who’d found their own places to live.

About 15 so-called refugees sat in pews at the far end of the church, and after the service they filed into a back room for lunch. They found out about Christ en Action when members visited their shelters and brought them here on buses. While a number of them now lived in their own places, after their meal a volunteer would drive them all home. Later, another volunteer would pick them up to bring them back for dinner. These are services orchestrated by the church’s social action team, which, team member Shirley René told me, has 10 subgroups. “One group serves nonperishable food, a follow-up group sees what your needs are, another team gives clothes and bedding and furniture, another helps people find a place to live. … There’s a group that visits them in their homes,” and so on.

René, who is of Haitian descent and has been with the church for more than a decade, said about 50 new arrivals were regularly coming to the church, “because they love the way we welcome them.”

Many other Montréal churches also stepped up to help the new arrivals, especially in the heavily Haitian Saint-Michel neighborhood. So did Maison d’Haiti, a 46-year-old organization now housed in a modern, windowy, art-filled space that bustled last fall with Haitian men, women, and children, picking up and dropping off clothing and diapers, standing in line to get help with things like filling out asylum applications, or grabbing a Haitian meat pastry in the organization’s café.

A few blocks away, on Boulevard Crémazie, is CPAM, one of several Haitian radio stations here, and down the street is a towering, shining example of Haitian success in Montréal. Groupe 3737, named after its street number, inhabits some of the 12 floors in the curtain-glass-wall building, using them for start-up incubation and training. Frantz Saintellemy, Haitian-born and Saint-Michel–raised, founded the group with his wife, Vickie Joseph, with the intent of encouraging talented young people, mostly immigrants or children of immigrants — a reflection of the community — to invest in this long-depressed neighborhood.

Saintellemy wanted to help his community thrive by capitalizing on what is true in Canada as well as the United States: Immigrants are far more likely than the rest of the population to start businesses. And he sees particular promise in Haitian immigrants, who make up about a third of his group’s participants.

“If you’re from Haiti,” he says, “you were trading. It’s the number one business in Haiti. Trading is in their DNA, so a lot of them have an entrepreneurial mindset.” In Haiti, with so few formal jobs available, many people buy food or clothes in one part of the country — often on the Dominican border — to sell in another.

Saintellemy smiles as he speaks, sitting in a bright, spacious office behind a large desk cluttered only with some copies of Groupe 3737’s glossy bilingual magazine Black is Beautiful. He says in Montréal there are great prospects for new Haitian immigrants importing food and other goods from Haiti to sell to members of the diaspora here. There are also artists and artisans, and educated Haitians who spent years in the United States and are well-positioned to work as translators. What’s more, belying the image of asylum-seekers arriving on foot and staying in shelters, many actually have money to invest in a new business, Saintellemy says.

For those with tenuous status, he says, they’re particularly worth investing in for several reasons: For one, many employers are leery of hiring people without permanent status, and for another, creating a business could help them get asylum. “The quicker you can generate income [and] hire your own lawyer, your chances increase significantly,” he says, “and if you’re working and paying taxes, the harder it is for the government to tell you to leave.”

Saintellemy says that “without question” enthusiasm for starting a business is higher among people with tenuous status. He knows this because, in addition to doing clothing drives for new arrivals last summer, Groupe 3737 offered regular Business 101 classes for those living in immigrant shelters. Participants were taught about business laws and policies in Canada, specifically Québec, and given tips like how to advertise and bid on contracts online. Saintellemy says the courses drew up to 50 people.

Before founding Groupe 3737, Saintellemy spent years in the States, including studying electrical engineering at Northeastern University and taking a fellowship at MIT Sloan. I ask him about something James told me: that in Montréal, “the Haitians ahead of you help you,” but in the United States, not so much.

“Yeah,” Saintellemy says. “The Haitian community is very well organized here in Québec.” He says Haitians generally thrive more here. “I think it’s easier because of the French. Language isn’t as much of a barrier,” he says. “Second of all, the Haitian community is more financially secure here than in Boston or even New York or Miami … if you look at the percentage of Haitians doing well. … So it’s easier for them to help others when they’re doing well.”

James told me…that in Montréal, ‘the Haitians ahead of you help you,’ but in the United States, not so much.

Of course, many Haitians in Canada live in poverty and obscurity. But there are also plenty of Haitian luminaries in Canadian sport, arts, and politics — including several Olympic athletes; the novelist Dany Laferrière, inducted into the prestigious Académie Française; parliamentarian Emmanuel Dubourg; former Governor General Michaëlle Jean; and the deputy premier of Québec, Dominique Anglade.

* * *

Migration across the border into Canada has fallen considerably since last summer, and Haitians now make up a small portion of that population, down from more than 80 percent. By last fall, Nigerians were overtaking Haitians in number, with shelter residents talking of horrors in Biafra.

Jean Nicolas Beuze, of the UN refugee agency UNHCR, says the overall decline in numbers might be due to falling temperatures and the start of school (the summer’s migrants included hundreds of children), and he believes the particularly precipitous decline in the number of Haitians coming across is likely because messages were sent through consulates and visiting politicians to correct misperceptions about the ease of getting asylum in Canada.

However, with the Trump administration’s announcement on November 20 that TPS for Haitians will end in July 2019, officials in Canada prepared for more Haitian asylum-seekers, with 27 winterized trailers — able to accommodate 200 people — set up at the border. The TPS decision affects at least 50,000 Haitian-born people who’ve been in the United States for more than eight years, and their American-born children, estimated at some 27,000.

Canada’s own version of TPS for Haitians expired in 2014, but most of its recipients were not made to leave the country. The estimated 3,200 undocumented Haitians living in Canada at the time were given almost two more years to apply for permanent residency without threat of removal, and most have been able to get permanent residency through “H&C,” or humanitarian and compassionate grounds, which takes into consideration the ties one has forged to Canada while living here.

Still, coming to Canada does not make Haitian border crossers safe from deportation. Canada deported several hundred Haitians last year — a dramatic increase over 2016, and 120 just in the first seven months of this year.

James is well aware that deportation from Canada is possible, and it’s a terrible thought. “If I’m deported, it’s like the end of the world,” he says with a nervous shriek of a laugh. “Haiti has no work. And when you are overseas, you have like 20 people depending on you, who are waiting for your help. Imagine, if they deport me to Haiti, you’ll see how many people will suffer.” He says his brothers, sisters and some friends rely on him for school and other expenses.

James doesn’t wallow in the fear of deportation though. “We have to await a response, we have to pray, and we have to accept the response, whatever it is,” he says. “But for now we have to recognize how well Canada has received us.”

Haitians who left the United States to seek asylum in Canada essentially left one uncertainty for another. And yet, for now, there is a sense that they can breathe easy because there is reason and justice in the system, that the rules will be followed, and that meanwhile the tools are there for asylum-seekers to make a life for themselves while they wait.

For Samuel, the only problem with being in Canada is that his two older children aren’t with him. “That makes me feel really, really bad,” he says, “because I grew up without my father, and I don’t want the same for my children.” He talks to them on WhatsApp every day, but, he says, “It hurts to hear them say, ‘Papi, when are you coming back? Papi, come get us!’”

A year after coming here, Samuel still has no idea when he’ll go before an immigration judge. It’s clearly wearing on him. His life is better here in many ways, but even with both of them working — him during the day and Darline as a night caretaker for handicapped adults, the cost of living is harder to manage here. Meanwhile, their two older children are growing up in another country, and there’s no knowing when and where they will reunite.

Now, when I ask him if he regrets moving to Canada, he hesitates, but then gives a firm no. “It’s a choice we made, without knowing how things would go.”

*The names of all asylum-seekers in this article have been changed to protect their identities.

***

Amy Bracken is an independent reporter and radio producer. She covers migration, economic development, religion, and human rights. She’s based in Boston, but in recent years she’s reported from Europe and across the Americas, especially Haiti. Her stories have been aired and published by PRI’s The World, Latino USA, USA Today, and Al Jazeera America, among others. She’s a graduate of Columbia University’s Journalism School and the Fletcher School of Law and Diplomacy, where she wrote her thesis on the detention of asylum-seekers.

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Editor: Krista Stevens

Copy editor: Jacob Gross

Fact-checker: Matt Giles

The 17-Year Itch

Illustration by Ellice Weaver

Laura Jean Baker | Longreads | August 2018 | 10 minutes (2,590 words)

 

5.

Four years ago, in the nook of our L-shaped kitchen on Hazel Street, my husband Ryan — equal partner in marriage — proclaimed, “I think I’m probably a little bit smarter than you.” He paused, remembering to cut me a compliment sandwich. “You just have a better work ethic.”

To what did I owe the pleasure of this rare expression of sexism? In our family, men and women belonged at the hearth. Ryan washed dishes, burped babies, and curried meals. We’d just pulled our fifth bun from the oven, a little boy, exactly what Dad had ordered to tip the balance in our two-boy-two-girl household. Are you hoping for a boy or a girl? With the first four pregnancies, he’d dare only to say, “a healthy baby,” but with Gustav, he’d openly declared his preference for the Y chromosome. My husband was sometimes a stranger to me, a throwback, a modern man sprung from an old seed.

Experts in family studies predict that by 2050, men in heterosexual partnerships will share equally in housework. That will be a year shy of what may — or may not — be our golden wedding anniversary. But can sociologists predict when men will totally reconfigure their mindsets? Is there such a thing as a blank slate, free from the ghost outlines of patriarchal history?

Household chores are tangible problems we solve together. How to empty the sink trap; how to polish the countertops; how to make a bed and sleep in it, alongside your wife. Implicit bias is a much more sinister thing, a bad omen for any marriage founded on equality.

On the day of Ryan’s regrettable comment — his decree of superiority — we’d foolishly cycled back around to an old conversation. As childhood sweethearts, we’d taken the ACT exam together — same test, same day. After two hours and 55 minutes, the proctor had authoritatively announced, “Time’s up.” Our equitability — our gender equality — had been examined and documented by American College Testing. We both scored 28 (very good but not impressive, according to the internet, which didn’t yet exist). We’d landed together in the 90th percentile. Our brains matched. We planned to become in real life what we represented on paper: equal-opportunity partners, relishing our shared smarts.

But as with athletes demoralized by a tie game, we were left longing for something definitive. We wanted to know who was smarter, and as it turned out, he still believed, on some deeply ingrained and unquestioning level, that I was just a “try-hard.” This is how my 12-year-old son, Leo, describes classmates, often girls, who labor over extra-credit projects. He’s talking about me, I concede internally, nearly surrendering to a new generation of boys and men.

“Teachers like girls better,” Leo says. “It’s reverse sexism.” He too believes he has something to prove. At least twice a week, he sends a cryptic message from his school-appointed Chromebook: “Come pick me up. I hate it here.”

One day, the message just reads, “Help.”

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Happy, Healthy Economy

Francesca Russell / Getty

Livia Gershon | Longreads | August 2018 | 8 minutes (2,015 words)

In 1869, a neurologist named George Beard identified a disease he named neurasthenia, understood as the result of fast-paced excess in growing industrial cities. William James, one of the many patients diagnosed, called it “Americanitis.” According to David Schuster, the author of Neurasthenic Nation (2011), symptoms were physical (headaches, muscle pain, impotence) and psychological (anxiety, depression, irritability, “lack of ambition”). Julie Beck, writing for The Atlantic, observed that, among sufferers, “widespread depletion of nervous energy was thought to be a side effect of progress.”

Recently, there have been a number of disconcerting reports that one might view as new signs of Americanitis. A study by the Centers for Disease Control found that, between 1999 and 2016, the suicide rate increased in nearly every state. Another, from researchers at the University of Michigan, discovered that, over the same period, excessive drinking, particularly among people between the ages of 25 to 34, correlated with a sharp rise in deaths from liver disease. A third, by University of Pittsburgh researchers, suggests that deaths from opioid overdoses, recognized for years as an epidemic, were probably undercounted by 70,000.

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A Woman’s Work: The Art of the Day Job

Carolita Johnson | Longreads | August 2018 | 19 minutes (4,656 words)

At first I was worried about saying my first day job was as a model in Paris, because I don’t want to infuriate people out there who have certain very hard-to-shake preconceptions (involving envy and scorn, simultaneously) about models and modeling. But you know what? Screw it. My first day job was as a model in Paris.

This is how it happened.

I was a fashion design student at Parson’s School of Design back in 1984. A reluctant one. I had wanted to go to SUNY Stonybrook to be an English Major, another thing that infuriates certain demographics, particularly the one my parents belong to: firmly middle class, non-college-educated first-generation Americans. They, with visions gleaned from TV sitcoms and 1950s movies of “mad men of advertising” in their heads, decided they’d rather see themselves dead — “over my dead body” said my father, only the second time in his life, the first being when I asked for bagpipe lessons — and made me go to art school instead. Who ever heard of that? But yes:

Dad: "I'm not paying to turn you into some kind of pathetic... English Major. Me, thinking: "There's got to be a way to judo-flip this crap to my advantage." Mom: You have talent! Why hide it under a bush?" Me: "So, I can draw. So what! And it's a bushel. Also way to abuse bible verses in the name of capitalism!"

I fought them to at least let me go to Parson’s, because of the BFA in Liberal Studies that was attached to the art degree on offer, unlike F.I.T. at the time, which only offered certificates but was cheaper and therefore more attractive to my dad. I posited that neither of my brothers wanted to attend college, and it wasn’t like I was asking to go to medical school, so they were getting off easy. Also, after raiding my dad’s dresser and finding his bank book, which explained why I’d been turned down for every kind of financial aid I’d applied for, I shamelessly blackmailed him with the terrifying specter of my mother’s rage if she were to find out he was limiting my access to a better, more high class diploma, which he could perfectly afford. Education was everything in our house, right up there next to financial security and a constant sense of unspecified shame.
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She’ll Be Everything He Isn’t

Photo by Andryusha Romanov via Wikimedia Commons (CC BY 4.0)

Larry Nassar molested hundreds of young athletes as the doctor for the U.S. gymnastics national team. One of those young athletes was Selena Brennan, who started seeing him for back pain at age 12 and saw him not just as a healer, but as a career role model.

Finally, here was a doctor with whom she shared a vocabulary, someone who did not need to be taught what a front walkover was. Here was a doctor who understood what was expected of her in the gym and who could treat her injury in a way that catered to that. It was through that lens that she started to see a future in sports medicine for herself.

“Just being able to be with a doctor who understood the sport made it a lot easier. It was like I could take a deep breath, and I didn’t have to explain how [I do] what I do. Sometimes primary care doctors give you some type of way to cope with the pain. But when you’re practicing that much in a gym, you’re constantly putting pressure on your back,” Selena said. “Those things don’t necessarily work, because there’s a ton more pressure on your body than the average person. It was nice to have reasonable tools be given and be like, ‘OK, this is something I can actually do, this might actually make a difference.’ After my [first] visit I was like, ‘I’m doing this.’ I ended up telling him, ‘I want to do what you do.’”

Alexanrdria Neason tells Brennan’s story at Bleacher Report — the abuse, the aftermath for Selena and her family, the shadow it cast over her dreams, and how she’s reclaiming her ambition.

Amid the campus activism—marches and protests, teal ribbons tied around trees, therapeutic fitness classes exclusive to survivors—Selena worked hard to untangle her love of sports medicine from Nassar. He was at once an example of what she wanted to be and exactly the type of person whom she did not want to become. She questioned her ambitions and worried she had been misled.

What if he was leading me down the wrong path, career-wise? She thought. What if he wasn’t giving me real advice, or what if he was setting me up to fail in my education because I was listening to what he was saying? I’ve based years off of this, so what am I going to do now?

Read the story

Leaving a Good Man Is Hard To Do

Getty / Photo illustration by Katie Kosma

Kelli María Korducki | Excerpt adapted from Hard To Do: The Surprising, Feminist History of Breaking Up | May 2018 | 13 minutes (3,558 words)

Several years ago, in the immediate aftermath of the prolonged and heart-wrenching breakup that persisted in destroying my entire life over the course of many months, a friend sent me an essay she thought I should read. She was also in the middle of a breakup — a divorce — and we had met a few years earlier through the partners we were simultaneously losing. As one terrible summer faded into an even bleaker fall, we became Gchat pen pals in an ongoing correspondence of mutual despair.

I was officially single and deeply ashamed. To me, my breakup had constituted a karmic injustice that I could have stopped — against my wonderful former partner, against our respective families, and against the scores of women throughout history who’d been denied the love and respect of a Good Man. My friend told me she looked at this must-read piece from time to time, whenever she was feeling scared about the future. I still wasn’t sure that I might have one.

Go, even though you love him.
Go, even though he’s kind and faithful and dear to you.
Go, even though he’s your best friend and you’re his.
Go, even though you can’t imagine your life without him.
Go, even though he adores you and your leaving will devastate him.
Go, even though your friends will be disappointed or surprised or pissed off or all three.
Go, even though you once said you would stay. Go, even though you’re afraid of being alone.
Go, even though you’re sure no one will ever love you as well as he does.
Go, even though there is nowhere to go.
Go, even though you don’t know exactly why you can’t stay.
Go, because you want to. Because wanting to leave is enough.

Read more…

The Far Right’s Fight Against Race-Conscious School Admissions

WASHINGTON, DC - OCTOBER 10: Attorney Bert Rein (L), speaks to the media while standing with plaintiff Abigail Noel Fisher (R), after the U.S. Supreme Court heard arguments in her caseon October 10, 2012 in Washington, DC. The high court heard oral arguments on Fisher V. University of Texas at Austin and are tasked with ruling on whether the university's consideration of race in admissions is constitutional. (Photo by Mark Wilson/Getty Images)

Late in the afternoon on July 3, the Department of Justice announced it was rescinding 24 documents issued by the Obama administration between 2011 and 2016. The documents  offered guidance to a range of constituencies, including homeowners, law enforcement, and employers. Some detailed employment protections for refugees and asylees; seven of the 24 discussed policies and Supreme Court rulings on race-conscious admissions practices in elementary, secondary, and post-secondary schools. In its statement, the DOJ called the guides “unnecessary, outdated, inconsistent with existing law, or otherwise improper.”

No immediate policy change will come from the documents’ removal. It’s more of a signal, a gesture in a direction, a statement about ideology. The Trump administration has already enacted several hard-line positions on immigration. And the Sessions-backed Justice Department has made a habit of signaling, by way of gesture, its opposition to affirmative action, and its belief that race-conscious policies, specifically, often amount to acts of discrimination.

***

The term “affirmative action” is ambiguous and has never been strictly defined. It’s a collection of notions, gestures, and ideas that existed before its present-day association with race. According to Smithsonian, the term was likely first used in the Depression-era Wagner Act. This legislation aimed to end harmful labor practices and encourage collective bargaining. It also mandated that employers found in violation “take affirmative action including reinstatement of employees with or without backpay” to prevent the continuation of harmful practices. The reinstatement and payment of dismissed employees were affirmative gestures that could be taken to right a wrong.

Nearly a decade later, in 1941, under pressure from organizer A. Philip Randolph, President Franklin D. Roosevelt issued Executive Order 8802 to prohibit race-based discrimination in the defense industries during the buildup to WWII. It is considered the first federal action to oppose racial discrimination since Reconstruction, and paved the way for President John F. Kennedy, who was the first to use “affirmative action” in association with race in Executive Order 10925. Kennedy’s order instructed government contractors to take “affirmative action to ensure that applicants are employed,” regardless of “race, creed, color, or national origin.” President Lyndon B. Johnson expanded the scope of Kennedy’s order to add religion when he issued Executive Order 11246 in 1965. Two years later, Johnson amended his own document to include sex on the list of protected attributes.

It was Republican president Richard Nixon who expanded the use of affirmative actions to ensure equal employment in all facets of government in 1969, when he issued Executive Order 11478. Nixon ran for office in 1968 on “law and order” and “tough on crime” messaging. He believed what he called “black capitalism” –- the idea of thriving black communities with high rates of employment and entrepreneurship — would ease the agitations of civil rights groups and end urban unrest. At the time, Nixon’s rhetoric won the support of a smattering of black cultural figures such as James Brown. “Black capitalism” was little more than a co-optation of some of the tenets of Black Power, which itself had come from a long-established line of conservative black political thought that emphasized economic empowerment and independence, self-determination and personal responsibility. In his version, Nixon envisioned only a slight role for the federal government; without the push of significant government investment, the policies and programs he created didn’t result in sweeping change. Still, shadows of Nixon’s thinking on black economics endured: They’re present in multiple speeches Obama made to black audiences during his presidency; Jay Z’s raps about the transformative, generational effects of his wealth; Kanye West’s TMZ and Twitter rants. Also, the backlash Nixon faced is remarkably similar in tone and content to today’s challenges to affirmative action, which typically involve a white person’s complaints about the incremental gains made by members of a previously disadvantaged group:

In 1969 Section 8(a) of the Small Business Act authorized the SBA to manage a program to coordinate government agencies in allocating a certain number of contracts to minority small businesses—referred to as procurements or contract “set-asides.” Daniel Moynihan, author of the controversial Moynihan Report, helped shape the program. By 1971 the SBA had allocated $66 million in federal contracts to minority firms, making it the most robust federal aid to minority businesses. Still, the total contracts given to minority firms amounted to only .1 percent of the $76 billion in total federal government contracts that year.

Yet even these miniscule minority set-asides immediately faced backlash from blue-collar workers, white construction firms, and conservatives, who called them “preferential treatment” for minorities. Ironically, multiple studies revealed that 20 percent of these already meager set-asides ended up going to white-owned firms.

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A sense of lost advantage and power seems to animate both historical and recent challenges to race-based policies and practices. In Regents of University of California v. Bakke (1978) the first affirmative action case the Supreme Court ruled on, Allan Bakke, a white University of California at Davis medical school applicant, sued the school after being twice denied admission. The school had created a system to set aside a certain number of spaces for students from marginalized groups. The Court decided practices that relied on quota systems were unconstitutional, but it upheld the use of race in admissions decisions as long as it was among a host of other factors. Rulings in subsequent cases, such as Grutter v. Bollinger (2003) and most recently, Fisher v. University of Texas (2016) supported the use of race in admissions and reiterated the federal government’s interest in the diversity of the nation’s institutions. In the most-recent case, now-retired Justice Anthony Kennedy provided the Court’s swing vote.

Plaintiffs in affirmative action challenges tend to argue race-conscious admissions policies violate rights granted by the Fourteenth Amendment, especially its clause guaranteeing “equal protection of the laws.” Ratified 150 years ago last week, the Fourteenth Amendment established birthright citizenship and defined citizenship’s parameters. Its ideas originated in the years leading up to Reconstruction, during “colored conventions” held among African American leaders and activists,  and form the underpinnings of Brown v. Board Education (1954) and some provisions of the Civil Rights Act of 1964.

One of the most prominent opponents of affirmative action, Edward Blum, a fellow at the American Enterprise Institute, actively seeks and recruits aggrieved plaintiffs and attorneys to challenge race-based policies in school admissions and voting practices. Blum was the force behind the complaint of Abagail Fisher, the white student at the center of Fisher v. University of Texas. According to the New York Times:

In the Texas affirmative action case, he told a friend that he was looking for a white applicant to the University of Texas at Austin, his own alma mater, to challenge its admissions criteria. The friend passed the word to his daughter, Abigail Fisher. About six months later, the university rejected Ms. Fisher’s application.

“I immediately said, ‘Hey, can we call Edward?’” she recalled in an interview.

The case went to the Supreme Court twice, and though Ms. Fisher was portrayed as a less than stellar student, vilified as supporting a racist agenda, and ultimately lost, she said she still believed in Mr. Blum. “I think we started a conversation,” she said. “Edward obviously is not going to just lie down and play dead.”

Blum’s first lawsuit came about after he lost a Congressional election in Houston because, he felt, the boundaries of his district were drawn solely along racial lines. He is now behind lawsuits against Harvard University and the University of North Carolina at Chapel Hill, which allege the schools’ admissions policies discriminate against Asian American applicants. It is interesting and bold to use white women and Asian American students to dismantle programs meant to address America’s legacy of discrimination. Both groups have benefited significantly from Reconstruction and Civil Rights-era policies and legislation. Do Blum, Sessions, and their supporters believe race-based policies are irrelevant, illegal, or improper because for many, they’ve worked? I sense something more nefarious at play, such as a mounting sense of loss and growing resentment that the demographic shifts in our country also mean inevitable shifts in who holds power.

The Sessions-helmed Justice Department’s signals and the nomination of Judge Brett Kavanaugh to the high court, have, I’m sure, heartened activists like Blum. For the Nation, Eric Foner wrote about how the Fourteenth amendment’s ambiguity is what allows it to be used in a way that is so at odds with the spirit of its origins. It is that ambiguity, he says, that will allow, someday, in a different political climate, for another era of correction.

Sources and further reading: