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An Unforgiving Legal System Welcomes Black Immigrants to America

Carl Lipscombe, the deputy director of the Black Alliance for Just Immigration, helps black migrants navigate legal and racial complexities in the U.S. ( Photo by John Michael Kilbane)

Hawa Allan | Longreads | July 2017 | 3500 words (14 minutes)

Words are said to have settled meanings, yet their formal definitions are often eclipsed by the images they give rise to in our minds. An “immigrant,” for example, is defined as a person who moves to live in a foreign country. Yet in the United States this word has often come to symbolize persons of Mexican, or Central or South American descent. The term “white immigrant” has a dissonant ring; those who move to the U.S. from parts of Europe or Australia are often casually referred to as “expats,” connoting a leisurely freedom of movement not typically conferred to an immigrant. A “black immigrant” is deprived of easy free associations. Black immigrants are unmarked, indivisible from African Americans whose lineage extends to the country’s inception.

The Black Alliance for Just Immigration (BAJI) has been working since 2006 to identify the distinct legal issues black immigrants face, and the burden of racial discrimination they share with African Americans in the United States. Last year, BAJI published a report with NYU Law School that provides a detailed statistical analysis of the country’s estimated 3.7 million black immigrants. This population is often caught at the intersection of racial profiling and the unforgiving immigration laws that target those with criminal records for removal. Although black immigrants make up 5 percent of the unauthorized population in the U.S., they make up 20 percent of the population facing deportation on criminal grounds. Black immigrants, according to the report, have suffered disproportionately under Clinton-era immigration legislation aimed at sorting “good” immigrants from “bad” immigrants associated with crime or terror.

I recently spoke with BAJI’s Deputy Director Carl Lipscombe about the state of black immigration in America. This is the first in a series for Longreads about the challenges faced by lawyers working during the Trump administration.

***

Hawa Allan: What is the mission of the Black Alliance for Just Immigration?

Carl Lipscombe: BAJI tackles issues affecting black immigrants using a few different approaches. One way is organizing. We work with members of our community on issues that are important to them and we empower them to take action on their own behalf. We also do advocacy, working in partnership with other organizations towards policy change on local, state and federal levels. We have staff in New York, Los Angeles and Atlanta, and we also have a policy manager based in Washington D.C. who educates elected officials about broad topics affecting black immigrants. And we have two attorneys on staff that I supervise and who provide direct legal services to members of our community.

HA: So there are three aspects to BAJI’s work — public policy advocacy, organizing, and direct legal services. Was this three-pronged mission present at BAJI’s inception or did it develop organically over time?

CL: We were started in 2006 by civil rights and racial justice leaders, veterans who saw immigration as a continuation of the racial justice struggle. They soon realized that the immigrants’ rights movement was definitely not black-oriented. There were rarely black people at the center of immigrants’ rights cases, which were very Latino-focused, so they added the aspect of engaging black immigrants with the struggle for immigrants’ rights.

HA: At least anecdotally, I’m aware of tensions between black immigrant communities African American communities, although persons outside both groups tend to lump them together on a purely visual basis.

CL: I think the issues are still the same. There is obviously a distinct impact of harsh immigration policies on black immigrants, but both groups face criminalization, economic inequality, lack of access to adequate health care, and educational inequities.

HA: I suppose I was thinking about how competition over already meager resources can tend to pit groups that should otherwise be aligned against each other. How black immigrants, being newcomers who are uninitiated in America’s racial issues, think they can somehow “rise above” discrimination.

CL: Yes, I think those are historic tensions. But from our perspective, a lot of these tensions are manufactured by elected leaders, and by corporations in order to pit black people against one another. I think these tensions are fueled by outsiders and from the media. In reality, black immigrants and African Americans are similarly situated in certain contexts. When a black person is walking down the street and a cop stops them, they’re not going to be asked “Are you an immigrant or are you African American?”

HA: Of course.

CL: Last fall, we released a report on the State of Black Immigrants. Even though black immigrants have high educational attainment rates on par with Asian immigrants, they still have the highest unemployment rates and the highest poverty rates among all immigrants. They are over represented in the deportation system, we believe, largely because of their race. Black immigrants represent only about five percent of immigrants in the country but over twenty percent of those in deportation facilities.

Apart from refugee communities, black immigrants mostly live interspersed with African Americans in cities and face the same issues when it comes to criminalization: over-policing and the ramifications of broken windows policing.

HA: When you’re organizing, do you find you’re trying to convince black immigrants and African Americans that they have more in common than they think?

CL: We’re getting people to realize that we have a shared struggle. We have this amazing program at our national conference held every couple of years called the African Diaspora Dialogues, which gets people in small groups — black immigrants and African Americans — to share their migration story and how they experience race in the U.S. So we do a certain amount of work to break down those barriers.

HA: In terms of police brutality, some of the major figures who have symbolized the gravity of this issue include black immigrants, like Amadou Diallo, who was from Guinea, and Abner Louima from Haiti. And there was a more recent case on the West Coast…

CL: Yes, a Ugandan immigrant, Alfred Olango outside of San Diego. One thing that I find striking is that over the last couple of years, there have actually been quite a few black immigrants who have been killed by police. But their cases haven’t gotten as much publicity. Alfred Olango’s sister called the police because—he wasn’t necessarily violent, she just called them to calm him down.

HA: He had a mental health issue.

CL: And he wasn’t threatening her. She didn’t feel as though she was physically in danger but thought maybe the police could help her. Alfred was killed within moments of the police arriving. He was a black refugee, he was a chef, he was from Uganda, and the spin, the immediate spin, was “Oh he had a mental illnesses.”

HA: Right, the media narrative…

CL: It was also reported that he had been arrested before for traffic violations. Because he has been arrested before it means the police should show up and kill him?

HA: When organizing around police brutality do you find that you have to provide a different level of awareness to black immigrants as opposed to African Americans?

CL: I think because of the amazing work of Black Lives Matter over the last few years and the attention that police abuse has gotten, people get it. And that’s across the board. All black people get it. Any time I’m in a taxi or I’m on one of those ride-hailing services and I talk to the drivers, who are often black immigrants, and I tell them what I do, they talk about police brutality. What I find interesting is that they always talk about immigration along with policing. So I think people get it.

HA: I was wondering whether black immigrants who are very recent residents of the United States don’t have the same understanding of how their presence is threatening to the police.

CL: America has a very unique brand of racism. I think that a lot of black immigrants are just not used to it in their home countries where are ethnic tensions, xenophobia, even racism to a certain degree — but racism in the U.S. is very different.

HA: I’m thinking about bodily movements, gesticulation. People especially from the African continent…many have rather large presences, right?

CL: Yes, our communities talk with our bodies. Our voices are loud sometimes and those types of things can seem threatening — black people who are animated.

HA: There is a certain, I believe, experiential education you get from being a black person growing up in the United States. You learn to move your body in a certain way, how to move through the world.

CL: Yes, to make yourself smaller.

HA: Make yourself smaller and make yourself safer. But as a newcomer to this American situation you don’t have that kind of education, and that can put you in danger.

CL: I was born here and I grew up in the Bronx. I was taught how to deal with the police by my family. I was told to always carry my ID to the point that I thought I had to carry ID by law. I was taught to always speak respectfully to the police so that nothing happened to me, so I didn’t get arrested or worse. A lot of immigrants aren’t taught this. They aren’t taught to cower to the police or to be afraid of the police.

HA: I was just thinking about Amadou Diallo reaching for his wallet…a simple movement like that obviously doesn’t justify the violence that followed. But I imagine him thinking that all he had to do was to prove who he was and everything would be fine.

CL: Yes.

HA: From the report on the State of Black Immigrants, I was surprised to learn that the United States Citizenship and Immigration Service doesn’t track immigration data by race, only by country of origin.

CL: I was at a conference recently where the history of immigration was being discussed. There were a number of court cases defining whiteness, and it’s surprising, given the history of our immigration laws, that we don’t track this data by race. It actually makes research on black immigrants very difficult because we have to use a combination of USCIS data and census data.

HA: Which makes the category of “black immigrant,” as defined in the report, both over-inclusive and under-inclusive.

CL: Specific communities were particularly difficult to track. For example, it is very hard to get an accurate number of Afro-Latinos in the country because some Afro-Latinos don’t self-identify as black. Latinos generally don’t self-identify as black in U.S. Census surveys.

Even among those who might self-identify as black, many of their home countries are only recently starting to recognize that some of their residents are black. It was only a year or two ago that Mexico acknowledged that there were black Mexicans.

HA: It’s fascinating that a country that was organized around race, both in the context of slavery and immigration, wouldn’t be tracking this data.

CL: Well, if they did track this data by race, it would make it a lot easier for attorneys to sue for discrimination.

HA: So BAJI was founded in 2006, and I understand that particularly damaging immigration laws discussed in the report came into effect in 1996 — crystallizing the link between the criminal justice system and immigration enforcement. Would you mind discussing this legislation: the Anti-Terrorism and Effective Death Penalty Act (AEDPA) and the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA)?

CL: I think it’s important the two bills are taken together. The first one, IIRIRA, expanded the criminal grounds for deportation as well as mandatory detention. Originally, there were only less than a dozen offenses that could get one deported. And even in those cases, judges had discretion over whether or not to detain someone and to ultimately deport them.

After 1996 those grounds expanded to about two dozen. IIRIRA expanded the grounds for deportation and AEDPA was terrorism-related. It established a means of restitution for victims of “terrorist activity” and enabled the federal government to detain individuals believed to be involved in terrorist activities.

Up until the passing of these laws, the U.S. removed on average maybe a couple of thousand people a year. While Obama was in office, we removed on average 375,000 people a year. Obama removed more people in eight years than in the entire history of the U.S. going back to 1892.

HA: Obama used the rhetoric about wanting to keep “families” in the country and get “felons” out — the good immigrant versus bad immigrant.

CL: What a lot of people don’t realize is that the definition of “felon” under immigration law is expansive. A teenager who throws an orange at a teacher—if they are charged with assault — would be considered an aggravated felon.

HA: In your view, are these the laws that created this nexus of racial profiling and the over representation of black immigrants in deportation proceedings?

CL: Yes, they are. These laws were passed during the Clinton years, but the administrative infrastructure for their enforcement was really set up during the Bush years, after 9/11 when immigration was moved under the newly-established Department of Homeland Security.

HA: Immigration effectively became an issue of national security.

CL: Yes, and Obama further funded Bush’s administrative infrastructure.

HA: And now, of course, we have Trump.

CL: Yes — now we have Trump.

HA: His rhetoric might be bolder—

CL: But he’s using the same laws and infrastructure as Obama.

HA: After immigration was placed under this anti-terror rubric, we now have the so-called Muslim ban. With respect to the Supreme Court recently reinstating certain portions of the ban, does BAJI have any specific response?

CL: Yes—well, for a start, Trump wanted all citizens from those countries to be banned from entry, which he didn’t get and which is good. But I think the Supreme Court did create confusion by carving out an exception for individuals that have a “bona fide” relationship with a person or entity in the U.S. The definition of that term is very unclear. The administration last week issued guidance on what they considered a bona fide relationship to be. It’s limited to immediate family and fiancés and stepchildren, so grandparents will be unable to enter the U.S. As you know, a lot of this community, particularly the black community, don’t come from nuclear families. We come from cultures where the entire community is involved with child rearing and care-taking.

HA: There was a very interesting editorial in the Washington Post that used the recent Supreme Court decision as a basis for refuting the idea that lawyers alone could save us in the age of Trump.

CL: Oh yes, I saw that.

HA: When the travel ban was first instituted, there were a lot of lawyers who went to airports to represent affected persons. Then lower courts decided the travel ban was unconstitutional. There was this hope, especially with figures like Sally Yates, that maybe the law could curb the excesses of the Trump administration.

CL: I agree with that general sentiment — that the law is an important protection for immigrants and a strategic tool that can support those in crisis — but we definitely need more than the law. If we’re really going to change the system, we need to organize, we need to change the leadership, we need to change those who are creating the laws and those that are enforcing them in this harsh, egregious way.

HA: Two of the countries affected by the travel ban are in sub-Saharan Africa: Somalia and Sudan. When Trump was campaigning in Minneapolis, he called the Somalis who resettled there terrorists.

CL: Yes.

HA: Of course people have focused on Trump’s statement about Mexicans being rapists and the idea of criminalizing immigrants in general, but can you speak to his statements about not only Somalis but also Haitians with regard to TPS (Temporary Protected Status)?

CL: Historically, when we’ve talked about Latino immigration, the context has been the “valedictorian” and the “Dreamer,” the business owner and the immigrant worker—the person who is here to work. But the narrative about black immigrants has been similar black people in general: That Black immigrants are charity cases who are here to take advantage of whatever resources there are in the U.S.

HA: So when Donald Trump’s administration said they were going to review whether or not to extend temporary protected status for Haitians who fled here after the earthquake….

CL: Yes, one thing that they did, which was unprecedented, was Trump had his administration look into the criminal backgrounds of Haitians. That has never happened before.

HA: I wanted to ask you about your personal history. I see that you started off as a labor organizer and then you were a public defender, and then you moved onto doing communications for social justice organizations.

CL: I started off in labor organizing when I was in college. I was active at Brooklyn College with adjunct faculty that was organizing. I was in student government and they came to us for support. I started getting interested in the labor movement because I just saw the power of unions and that we could actually make changes in our workplace and shift power dynamics. After undergrad, I interned with an organization called Jobs With Justice, which is a coalition of unions, students, faith groups and community organizations.

What I liked at Jobs With Justice was that we worked at different intersections. It was broadly a worker’s rights and economic justice organization, but we worked on those issues as they impacted immigrants and black people and the environment and healthcare and so on. So I was exposed to these different issues. And I have always had an interest in fighting on behalf of black people and immigrants, that’s why I got into this work. When I got burnt out from organizing I decided to go to law school.

HA: Is that because you wanted to address these issues from a legal perspective?

CL: I think that legal advocacy and organizing compliment one another. When I was an organizer, we often had to work with lawyers on policy — experts and what not — and I found a lot of them just didn’t understand my community, and saw it as their jobs to tell us what we can’t do and what isn’t possible.

When I was an organizer, I felt as though the job of lawyers was to take our power away. They took power away from communities rather than adding to it. And I thought to myself that it would be great to have that skill set and to really be able to use it in a way that merged with organizing and complimented organizing. So I became a public defender after law school. And I’m from the Bronx, so I was fortunate enough to be able to work as a public defender in the Bronx.

I saw that there just weren’t attorneys who were experts in the issues affecting black immigrants. There weren’t many attorneys who were expert at litigating in immigration court, or representing immigrants with criminal backgrounds or with mental illness or histories of substance use.

When I was a public defender, I realized a lot of my clients were black immigrants and I didn’t know that there were legal organizations devoted to black immigrants. There were a lot of organizations focused on Latino immigrants and Asian immigrants but not black immigrants. I was the first person at BAJI with a legal background, so I was able to get our legal program off the ground.

HA: Progressive movements often have to be reactive because they respond to the immediate needs of people who have the least access to resources to defend themselves. Right-wing movements, to the extent that we can call them movements, tend to be more ideological: the purpose of taxes, or questions about “liberty.” They’re not immediately responding to the needs of particular groups of people.

Is there a sense that BAJI in particular, or progressive movements in general, are implementing a vision for moving society forward? Is this even possible when progressive movements are constantly on the defense?

CL: You’re right that progressives are responding to crises. We’re trying to protect the few decent laws that we have on the books, or at least prevent the worst from happening. But at the same time this work is tied to a broader vision of the world that we want see—a world where black people, immigrants, Muslims, woman, trans and queer communities are able to live with freedom and dignity.

I think that we need to keep our eye on the long-term goals. There are times when the people we work with are facing an emergency and we want be there for them, but we do it in the context of fighting for our dreams. Working with other organizations, and being a part of the Movement for Black Lives and other similar groups, I can say the same thing for them. We’re all working toward a broader vision.

The 1972 Movie of the 1969 Musical, “1776”

Assembly Room, Independence Hall, Philadelphia via Wikimedia (CC BY-SA 2.5)

There’s no going out on the 4th of July at my house. The evening is allocated to the soothing of an anxious dog. The shift runs from dusk (around 8:30 in my Northwest corner of the U.S.) until the bad noises stop. It’s a good night for movies. Thanks to a recommendation from Salon, I landed on 1776, the 1972 movie version of the 1969 musical.

“1776” brings to life the vibrant personalities that helped bring America to life. You have Daniels as the acerbic, indignant and unshakably honorable Adams, Da Silva as the sly and charming but deeply idealistic Franklin and Howard as the quiet and cerebral Jefferson. Like all of the best works about history, it forces audiences to see important figures from the past as flesh-and-blood human beings rather than stodgy icons.

Spoiler alert: the vote goes to independence and the rest is (sorry) history.  I did not read the entire Salon piece up front; I didn’t want to know anything more than “Yep, this movie is a great choice (for those of you stuck under 15 pounds of quaking dog) for July 4th.”

Because I didn’t read the entire write up, I didn’t know that none other than President Richard Nixon had feelings about the movie. It’s thanks to him the song “Cool, Cool, Considerate Men” was cut; it’s since been restored.

In the musical “1776,” the song “Cool, Cool, Considerate Men” depicts Revolutionary War era conservatives as power-hungry wheedlers focused on maintaining wealth. So it’s not surprising that then-President Richard Nixon, who saw the show at a special White House performance in 1970, wasn’t a big fan of the number.

What is surprising is that according to Jack L. Warner, the film’s producer and a friend of the president, Nixon pressured him to cut the song from the 1972 film version of the show–which Warner did. Warner also wanted the original negative of the song shredded, but the film’s editor secretly kept it intact.

Small wonder — it’s a scathing number. “Don’t forget that most men with nothing would rather protect the possibility of becoming rich than face the reality of being poor,” scowls John Dickinson. (Dickinson refused to sign the Declaration of Independence.) The cast breaks into a second verse about the joys of conservatism.

We’re the cool, cool considerate men
Whose like may never, ever bee seen again
With our land, cash in hand
Self command, future planned

And we’ll hold to our gold
Tradition that is old
Reluctant to be bold

We say this game’s not of our choosing
Why should we risk losing?

No wonder Nixon hated it. It was the Broadway version of the 1776 version of “We’ve got ours, we’re good, thanks.”

The movie holds up well enough for 1972, though I’m fairly certain Martha Jefferson would not have sung to John Adams and Ben Franklin about her husband Thomas’ prowess at… violin, sure, that song is about his musical skills, sure. I found Franklin too cartoonish, though I liked William Daniels’ Adams a lot (he played Benjamin’s dad in The Graduate). I was riveted by “Molasses to Rum,” the number praising, among other things, the slave trade.

Once the credits rolled, I had to research any number of things — where Edward Rutledge stood on slavery, what happened to John Dickinson after he declined to sign the Declaration, and what about that Abigail Adams anyway?

I don’t know how I got through the 70s without seeing 1776. When I posted to Facebook that I was watching it, my feed lit up with commentary — including one friend admitting he would like to play Andrew McNair, the long suffering custodian/bell-ringer who keeps trying to open the windows to let some air into what’s now known as Independence Hall.

All those men in brocade, arguing in the heat of a Philadelphia summer. It must have stunk to high heaven in the room where it happened.


Stories mentioned:

Father of Migrants

Father Javier, who has directed the migrant shelter in Juárez for seven years, sits in his office among his books. Photos by Itzel Aguilera.

Alice Driver | Longreads | June 2017 | 22 minutes (5,698 words)

LEER EN ESPAÑOL

“What good is a border without a people willing to break it wide open?”
— Hanif Willis-Abdurraqib, quote from live storytelling at California Sunday Popup in Austin, Texas on March 4, 2017

* * *

On the edge of the promised land dust storms rise out of the desert, obscuring everything, even the migrants waiting at the gate in front of a complex surrounded by a chain-linked fence topped by barbed wire. But Father Javier Calvillo Salazar is from Juárez, Mexico and he is used to it all, and to those who arrive after what is sometimes thousands of miles and hundreds of days with a collection of scars, broken bones, and missing limbs to match the inhumanity encountered along the way. They arrive weeping, they arrive stony-faced, they arrive pregnant, they arrive with venereal diseases—sometimes they arrive telling García Márquez-esqe stories of witnessing a crocodile eat a newborn baby in one swift bite.

Nicole was delivered at a hospital into the arms of her mother, Ana Lizbeth Bonía, 28, who arrived at the shelter in Juárez after spending nine months traveling north from Comayagua, Honduras. She showed up at the migrant shelter Casa del Migrante Diócesis de Ciudad Juárez with her husband Luis Orlando Rubí, 23, and her underweight son, José Luis, 2, who had saucer-like eyes that glistened with emotion. Ana, who had grown up selling vegetables in the street since the age of 4, had never finished elementary school.

The migrant shelter in Juárez is so close to El Paso, Texas that migrants feel the bittersweet pull of land they can see but likely never legally inhabit. The shelter has 120 beds for men, 60 for women, 20 for families, and one separate area where transgender migrants can stay if they choose. Most migrants who arrive at the shelter are single men, and in interviews migrants mentioned that President Trump’s threat of separating women from their children had led to a decrease in migration by those groups. Each migrant is initially limited to a three-day stay, but they can extend that time depending on their condition, as in the case of Ana, who needed time to rest and recuperate after giving birth to Nicole. Read more…

Zadie Smith Takes on Black Pain With a Light Touch

(Brian Dowling/Getty Images)

At the start of the summer I turned down an invitation from a friend to see a play in Manhattan called 3/Fifths. Written and produced by James Scruggs, a black man, featuring a mostly black cast, 3/Fifths is a work of interactive theater that immerses its audience in a dystopian theme park called SupremacyLand. The actors mill about the stage wearing mammy costumes or blackface. They tie ropes into nooses and stand behind prison bars while encouraging the audience to join in on race-themed carnival games. The goal is, to me, straightforward satire, and 3/Fifths seems earnest enough. Theater-goers can experience what it feels like to walk around in a heightened, racially-charged world with the hope they can connect the dots between past and present horrors of slavery, Jim Crow, and mass incarceration.

I didn’t really feel like spending an evening like that. Living as a black woman in the aftermath of the presidential election, unable to block out the news cycle of police shootings, acquittals, and assaults, my nervous system is frayed enough by new and old wounds. I’m in my thirties with a job, student debt, dreams still on the horizon, aging parents, family spread out all over the country, and a niece about to go to college. I don’t need a simulacrum of my experiences to understand what’s at stake.

The use of satire and comedy to have difficult conversations about race has a long history and isn’t problematic in and of itself. Kara Walker does it in silhouette and sculpture; playwright Branden Jacob-Jenkins did it in his play An Octoroon; Ishmael Reed has done it in his novels; Dave Chappelle became a household name doing it. It’s just that on the day of the invitation I was feeling exhausted, more in need of fun and laughter than anything else. When I declined, I said something to my friend like, “Take me to the show the playwright makes about black joy.”

Just a couple of months before, I learned of the visual artist Dana Schutz’s painting Open Casket, then on display at the Whitney Biennial, from the writer and artist Hannah Black’s widely-circulated open letter to the curators, which was co-signed by 47 artists, curators, and critics. I knew of Black’s work from an essay she wrote in the White Review that touched on Brandy’s 2002 album Full Moon. Brandy is probably one of the most important American pop vocalists of the past thirty years, and is underappreciated in the mainstream. Black’s piece treated Brandy’s work with the care I felt she deserved, so I felt a sense of trust in Black’s approach to black aesthetics. In her letter, Black demands the removal of Schutz’s painting, an abstraction of a 1955 photograph of 14-year-old lynching victim Emmett Till in his coffin at his funeral. His bludgeoned, disfigured face is rendered in impressionistic brush strokes.

Schutz — a white woman born in 1976 in a suburb of Detroit, and educated at the Cleveland Institute of Art and Columbia University — does not own the subject matter, Black argues.

Although Schutz’s intention may be to present white shame, this shame is not correctly represented as a painting of a dead Black boy by a white artist — those non-Black artists who sincerely wish to highlight the shameful nature of white violence should first of all stop treating Black pain as raw material. The subject matter is not Schutz’s; white free speech and white creative freedom have been founded on the constraint of others, and are not natural rights. The painting must go.

Black goes on to explain the reverence that black Americans have for Till.

Emmett Till’s name has circulated widely since his death. It has come to stand not only for Till himself but also for the mournability (to each other, if not to everyone) of people marked as disposable, for the weight so often given to a white woman’s word above a Black child’s comfort or survival, and for the injustice of anti-Black legal systems. Through his mother’s courage, Till was made available to Black people as an inspiration and warning.

It was, after all, Till’s grieving mother, Mamie Till Mobley, who insisted her son’s remains be returned to Chicago after his lynching in Money, Mississippi and drowning in the Tallahatchie River. It was his mother who demanded his remains be displayed in an open casket during a funeral that was widely photographed. She wanted the world to “see what she had seen,” to bear witness to the horror, to grieve for her boy. Only the black publications Jet and the Chicago Defender published the photos. The image enraged and emboldened black folks, and it is considered among a long list of catalysts for the Civil Rights activism of the mid-twentieth century.

In “Getting In and Out,” Zadie Smith writes about the consumption of black pain for Harper’s by looking at Schutz’s painting and Jordan Peele’s film Get Out. Smith doesn’t mention Emmett Till much, and she doesn’t mention his mother, without whom we would have nothing to discuss. Smith never writes the words “Tallahatchie River,” nor does the word “Mississippi” appear. She says that Schutz’s painting didn’t provoke any profound feeling in her when she went to see it at the Biennial, and that doesn’t surprise me; it’s a mediocre painting, technically fine but emotionally removed. What surprises me about Smith’s essay is that she questions the “logic” and sentiment of Black’s letter, and writes it off as absurd. I found Black’s letter heartfelt. Its request that the “painting be destroyed and not entered into any market or museum” felt less important to me than her care for Emmett Till’s story, and the ongoing, present-day brutality against black bodies.

I think the conversation about race in America is a shared one, with multiple points of entry. In my mind pretty much anyone can talk about it, or make art about it, because everyone is somehow a part of it — impacted, implicated, or some combination therein. Race doesn’t really matter here in a straightforward sense. It’s too arbitrary a construction, as Smith painstakingly points out, and complicated by too many factors.

I was born in Memphis in the 1980s, so I am both a black American and southern. I remember the story of Till told to me as a child by adults who still used hushed voices. I went to integrated public schools, and then university on the east coast, and have a middle class life. I have always moved among blacks and whites, Latinx and Asians, and everybody else freely. My mother was also born in Memphis, but she remembers colored water fountains, trips to the zoo only on feeding days when there were no animals to see, swimming pools that were drained instead of integrated. Her sense of racial terror is at once more at the surface and deeper than mine—there are things she fears that I never will. She remembers Till’s lynching. My grandmother was born in the Mississippi Delta, picked cotton, and had a male cousin who was lynched. So the story of racial suffering is my grandmother’s even more than my mother’s or mine. We could go on like this, parsing out generational differences and class dynamics forever.

About Zadie Smith: I love her. I have considered her one of my favorite contemporary writers for at least a decade. In her third novel, On Beauty, she talks about American blackness in a way that doesn’t feel offensive or removed as if she thought us boorish. Her 2009 essay “Speaking in Tongues,” where she lets herself gush over Obama’s ability to code switch, and “Their Eyes Were Watching God: What Does Soulful Mean?” are two of my favorite pieces of writing of all time. Writing about her first encounter with Zora Neale Hurston’s book, I love how Smith is able to be her critical, writerly self, and still engage with her blackness, bringing all parts to the page to create this beautiful cohesive whole.

Fact is, I am a black woman, and a slither of this book goes straight into my soul, I suspect, for that reason. And though it is, to me, a mistake to say, “Unless you are a black woman, you will never fully comprehend this novel,” it is also disingenuous to claim that many black women do not respond to this book in a particularly powerful manner that would seem “extraliterary.” Those aspects of Their Eyes Were Watching God that plumb so profoundly the ancient buildup of culture reside that is (for convience’s sake) called “Blackness” are the parts that my own “Blackness,” as far as it foes, cannot help but respond to personally. At fourteen I couldn’t find words (or words I liked) for the marvelous feeling of recognition that came with these characters who had my hair, my eyes, my skin, even the ancestors of the rhythm of the speech…She is my sister and I love her.

But in the Harper’s essay, except in the places where she talks about the genius of Jordan Peele and the black artists at the Biennial whose work was overshadowed by the Schutz controversy, it doesn’t really feel like Smith is engaging in the subject matter with much care or heart. It disappointed me. I do not think it is because she is British-born and I am African American. She said in the piece that she assumed a transnational black identity when questioning herself about whether she was black enough to commemorate Till in a piece of art. I agree with parts of this. Blackness has long been a transnational project, a conversation that transverses and troubles national boundaries.

It is just that the question is wrong. All human beings have rights, in my mind, to the vast array of human experiences. But why does it seem like everyone wants to mine black pain? When I think about work like Open Casket and 3/Fifths, what I wonder is whether there any rules, or any sense of decorum around our experiences. Does anyone pause before making this type of work, or have reverence for it? Do they consider who may be hurt or exhausted by it if it is rendered incompletely? What are the goals of the work? The work that the 1955 photographs of Emmet Till did in Jet is clearly different from the work Open Casket could do at the Whitney. I wonder, what is the point? I also wonder, what is sacred?

I don’t know why Smith seems so removed in her Harper’s piece. When she talks about the paranoia of blacks, an “indulgence” that Get Out exploits, or says that white people revile black bodies less in 2017 than they did a half century ago, I honestly don’t know what to think. I do not know what white folks in America think of me now — some times it feels like nothing and sometimes it feels like utter disdain. When I hear of a young black woman from my university waking up to bananas strung up on her campus with nooses, when I hear Diamond Reynolds crying “You just killed my boyfriend,” despite all of my attempts to avoid that footage, I know it isn’t as simple as love and happiness and friendship and being the “same people.” So when Hannah Black got together with a bunch of other art world folks to stage their intervention, I listened because it felt like care.

Zadie Smith is entitled to her experiences; her writerly exploration of race can be rendered how she feels it must and I will still think of her as my sister. But I wished she had engaged this subject matter with her heart. I needed her to think of the logic of Black’s letter from a place of shared pain, shared experiences, and shared anger. I needed her to really listen to it, before dismantling it.

After Marriage Equality, to Party, or to Protest?

Spenser Mestel | Longreads | June 2017 | 16 minutes (4,021 words)

 

June 26th, 2015 starts out as a regular Friday. At my summer internship at a financial fraud firm in Midtown East, Manhattan, I try to finish my work early so I can leave by 3 p.m., as I’ve done for five of the past six Fridays, but all I can manage is to listen to the fluorescent lights hum. I’m hungover. With a heavy sigh and a hand on my forehead, I go to open my project for the day. Just then, a friend texts me: “We won.” It takes a minute to register. I’d had a feeling the decision might come today, but I shrug, stand up, and walk to the office kitchen to make tea. My head hurts.

I walk back to my desk, a small cubicle, and sit down inside the wall with my name (misspelled) on a temporary laminated sign. I stare at the icon under my cursor, “Anti-Money Laundering,” and decide to check the news instead. I scroll past the soaring rhetoric and indignant vitriol — nothing I haven’t read before. The other summer intern walks past my desk. “We won,” I say without inflection. “It was five to four.” She smiles and sits down at her computer. Then, I see Nic, an analyst, and the news starts to feel more urgent. “You and I can finally get married,” I yell to him from across the room. He shifts in place, his eyes darting between the rows of people seated between us. “Yeah, let’s go right now,” he says with a forced laugh. No one looks up from their screens, and I sit back down at my desk. The fluorescent lights hum.

Still a little groggy, I check Facebook on my phone and watch a video of the spectators waiting to hear the decision outside the Supreme Court. “I’m so scared,” a voice says off camera, “I’m shaking.” Then the crowd erupts around two women, who start hugging. The one facing the camera has her eyes shut tight behind rectangular glasses, her left hand pressing her partner’s head against her own, the other holding a sign: Be Proud. A demonstrator with a rainbow bandana around her neck smiles and speaks into a microphone: “We weren’t sure. We weren’t at all sure, but how could you not be here for this?”

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Celebrating a Second Independence Day: A Juneteenth Reading List

Miss Juneteenth waves to the crowd during a celebration parade in Denver, 2015. (Joe Amon/The Denver Post via Getty Images)

June 19, also known as Juneteenth, marks the day when, more than two years after the Emancipation Proclamation was enacted, slaves in Texas were informed of their freedom. As the National Museum of African-American History and Culture notes in a Tumblr post, it could — and arguably should — be celebrated as a “second independence day.” But as the museum writes, “Though it has long been celebrated among the African American community it is a history that has been marginalized and still remains largely unknown to the wider public.”

This morning, the White House issued a statement on Juneteenth that didn’t land well. USA Today compared his statement to that of President Barack Obama, highlighting, as a commentator at the Independent Journal Review also noted, that Trump chose to praise a white person where Obama focused on the freed slaves. For more on Juneteenth, we’ve collected stories that explain the fraught history of the holiday, and the need for celebration.

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Happy Birthday to Gemini-in-Chief, Donald Trump

Madame Tussauds unveils a wax figure of Donald J. Trump ahead of the inauguration. (Photo by Chris J Ratcliffe/Getty Images)

We’re not saying astrology is or isn’t real, but Donald Trump is a Gemini and we could talk about this. Why not seek insight into the leader of the free world by any means available? We thought polls were a science and that was wrong. We thought climate change was a science, but that’s apparently now up for grabs. Maybe astrology is the real science? Who’s to say!

So what’s the deal with Geminis? They’re volatile, prone to mood swings and abrupt changes in opinions. Writing on Huffington Post about Gemini and disgraced governor Eliot Spitzer in 2008, Vanity Fair astrology columnist Michael Lutin writes:

When dealing with Geminis, remember that when they are in front of you they usually say what they mean and they mean what they say at that exact moment. There’s always another side to them they would rather not show you, however, mainly because it is usually diametrically opposed to the image they have created in their relationship with you. It doesn’t always mean that they are insincere, fraudulent shape shifters who say one thing, do another.

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The Word Is ‘Nemesis’: The Fight to Integrate the National Spelling Bee

Illustration by Kjell Reigstad, photo via State Archives of Florida

Cynthia R. Greenlee | Longreads | June 2017 | 2,900 words ( 12 minutes)

In 1962, teenager George F. Jackson wrote a letter to President John F. Kennedy with an appeal: “I am a thirteen-year-old colored boy and I like to spell. Do you think you could help me and get the Lynchburg bee opened to all children?”

The long road to the National Spelling Bee has always begun with local contests, often sponsored by a local newspaper. Nine publications, organized by the Louisville, Kentucky Courier-Journal, banded together in 1925 to create the first National Bee in Washington, D.C.

Decades later, George Jackson was protesting the policies of the local newspaper that sponsored the Lynchburg, Virginia contest, which excluded black students from participating in the official local competition — the necessary step that might send a lucky, word-loving Lynchburg child to nationals. There was more at stake than a coveted all-expenses-paid trip to the capital, an expensive set of Encyclopedia Britannica, and a $1,000 cash prize. For local and national civil rights activists, keeping black children from the spoils of spelling fame was an extension of Jim Crow educational policies that should have ended, in theory, with the Supreme Court’s decision in Brown v. Board of Education.

While the Warren Court decided in 1954 that “separate but equal” would no longer be the law of the land, there were still “Negro” schools and white schools educating children across the South less than a decade later. A patchwork of local responses met the desegregation orders that followed the Supreme Court ruling, including deliberate foot-dragging, some real confusion about how to undo what years of white supremacy had wrought in the nation’s schools, and full-throated defiance to educational equity.

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Was It a Story of Love or Exploitation? It Was Both, and More

Photo illustration via The Atlantic

Reality is always ambiguous, and that is something stories do not want to be.

In real life, people are riddled with conflicting motives, emotions, and ideas. We can both love and hate our families with equal intensity. We can make choices not for one reason, but for a multitude of reasons, sometimes in opposition to each other. Our identities are inevitably, and infinitely, hyphenated.

Stories, by their nature, tend to resist ambiguity. A story is a kind of model of the world, a map rather than the terrain, and therefore they tend toward simplification. This is especially true in journalism, which in its most basic form asks “what happened?” with the expectation that there will be a single, knowable answer.
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Donald Trump’s War With the Past

Black paint covers the face and hands of the statues at the Confederate Memorial on the grounds of the Capitol in Montgomery, AL in 2007. (AP Photo / Rob Carr, File)

Yes, it was only last week—nine days to be exact, but who’s counting?—that President Trump committed the historical equivalent of hurling a live grenade into a crowd when he ventured into an improvisational analysis of the Civil War during an interview on Sirius XM radio. “People don’t ask that question, but why was there the Civil War?” he said to the interviewer. “Why could that one not have been worked out?” It was a comment that poked the bee’s nest of public opinion and pushed the Civil War back into feverish public debate.

It’s been easy to dismiss President Trump’s comments as ignorant non-sequiturs or a childish attempt to divert attention from more pressing political issues. After all, there’s an entire field of inquiry devoted to asking exactly those questions about the Civil War, and scholars have devoted their lives to that question—but given Trump’s staunch anti-intellectualism, it’s not really surprising that he’s never bothered to notice. “Donald Trump has always acted in the moment, with little regard for the past…” wrote Marc Fisher in the Washington Post a day after the firing of FBI Director James Comey. But the Civil War, it seems, is an endless trauma to American democracy. As the republic reconsiders it again and again, it continues to mirror our understanding of the country we currently live in.

Perhaps, as Jon Meacham suggested in TIME after the president’s remarks, Trump was simply looking for himself in history—a plausible theory given the president’s perennially self-centered worldview. But by overlooking the war’s relevance and refusing to acknowledge slavery’s role in its birth, the president wasn’t merely sidestepping the issue; he was using tactics similar to those employed by “Lost Cause” revisionists and Confederate holdouts for generations, in which the cause of the war is questioned, reimagined, or willfully forgotten.

Our current decade marks the 150th anniversary of the war. Biographies, histories, and reconsiderations have come in measured steps and harsh reckonings—and discussions of memory, cause, conflict, reparation, and reconciliation have made it clear this war must continue to be discussed.

Conflicts rarely have only one cause, just as more than one thing can be true at a time. As Tony Horwitz wrote in The Atlantic in 2013 on the anniversary of the war’s start, slavery may not even have been central to Northerners’ experience of the Civil War. It was a kind of midwife, though, a stage on which a nation barely a century old played out its conflicts over sovereignty, autonomy, and national identity. Slavery as an institution concerned itself with just those questions. It used the bodies and labor of people stolen from their homes, excluded from equal society, and refused a personal identity.

In the summer of 2015, after Nikki Haley, then governor of South Carolina, announced the removal of the Confederate flag from the state capitol, Ta-Nehisi Coates collected the words of Confederate leaders who stated clearly that slavery was central to the identity of Southern states, which viewed it not just as an inalienable economic asset but as the very basis of white equality. The existence of slaves meant that white men could sidestep industrialized slavery of their own; the institutions’ proponents freely admitted that it upheld and enabled their quality of life.

Once slavery was abolished, the certain supremacy of Southern white men was threatened and the institutions it propped up were no longer guaranteed. The Confederate cause went from vaunted reason to fight to a heroic struggle that was snatched from its champions, spawning Lost Cause revisionist rhetoric that centralized the white Confederate experience. And as soon as the war ended, another one began, this one concerned with textbooks, memorials, and the “official” historical narrative.

Revisionists knew what they had lost. They knew that it would do them no favors to admit they had fought and lost a war over the right to oppress others. And so they turned toward telling their own story through the lens of states’ rights, a perspective that made room for the Confederacy to reintegrate into the union and still maintain face.

In documents like the “Confederate Catechism,” which was used by the United Daughters of the Confederacy in the 1920s to mobilize and coordinate their stance on the war, slavery was cast as a mere side player in a war that was necessary for peace. History as weapon was embraced as a matter of religion. As Tracy Thompson notes in her book The New Mind of the South, the UDC didn’t just educate its own. It shaped the war’s public image through decades of grassroots organizing and struggles to include the “right” version of history in textbooks.

Trump’s no-big-dealism is a more plausibly deniable form of that same beast. Downplaying slavery, whether in textbooks that omit it or comments that ignore its existence with wide eyes, calls 150 years of historical reckoning into question without saying a word. It invites people to start from square one—sidestepping, perhaps, the abundance of historical evidence and analysis that already exists.

If Civil War history is a graveyard, it’s one still strewn with fresh graves. It will haunt us until we face it down collectively, reconciling its truths with the world we have constructed around its gates. The president is not the first person who’d rather avert his eyes than look inside—even though Trump whistles blithely by, it doesn’t mean the cemetery ceases to exist.

Further Reading: