Tag Archives: Wall

Grateful For Our Nation Of Immigrants

NBC, among other news outlets, recently ran an article showcasing Jin Park, a Harvard student who recently won a Rhodes Scholarship. Jin is a DACA recipient; he was brought to the US when he was seven years old.

“I’m thankful and I think it’s a testament to if you give immigrants in America an opportunity, if you allow us to live fully in our truth and see us totally in our personhood, this is the kind of thing that can happen,” he said.

Park is currently completing his bachelor of arts at Harvard in molecular and cellular biology,according to a biography provided by the Rhodes Trust. Park plans on pursuing master’s degrees in migration studies and global health science and epidemiology at Oxford, according to the biography.

Whatever one’s feelings about undocumented adult immigrants, Jin and other DACA recipients were brought here as children. They didn’t have the capacity to make a decision to enter the country illegally, and they shouldn’t be punished for their parents’ actions.

DACA aside, there are many reasons America should be welcoming immigrants, not trying to wall them out.

I’ve previously posted about the incredible contributions to the American economy made by immigrants–both documented and not– and their children.

More than 40% of Fortune 500 companies were founded by immigrants or their children. Collectively, companies founded by immigrants and their children employ more than 10 million people worldwide; and the revenue they generate is greater than the GDP of every country in the world except the U.S., China and Japan.

I was reminded of those contributions when I opened last week’s issue of the Indianapolis Business Journal. The IBJ has a yearly feature called “Forty Under Forty,” in which the publication showcases up and coming “movers and shakers”–young people who have made a demonstrable impact in Indianapolis’ business, nonprofit and public organizations and civic life. Over the years, the diversity of those included has steadily grown–there are more black and brown faces and many more women than was the case some ten or more years ago.

There are also a lot more immigrants or children of immigrants. I didn’t count, but I’d estimate that the descriptions accompanying the photos identified nearly a quarter of this year’s honorees as either immigrants themselves or the children of immigrants. These young men and women are already making substantial contributions to our city and state–contributions from which all of us benefit.

Sentient Americans understand that Trump’s fevered and stubborn insistence on building a wall is both stupid (most undocumented people have flown in and overstayed a visa) and racist (he doesn’t want a wall between us and Canada, and he issued an invitation to Norwegians). That isn’t to say the wall wouldn’t have an effect, but that effect would be symbolic: it would send a message to brown people that they are not welcome here, and it would reaffirm the real basis of Trump’s appeal in the eyes of his supporters: his promise to make America White again.

As I looked through the accomplishments of this year’s list of 40 Under 40, all I could think of was the incredible amount of talent, entrepreneurship and work ethic that Indiana and America stand to lose if Trump and his supporters prevail.

I for one am immensely grateful I don’t live in a nation populated with versions of Don Jr. and Eric.

 

A Privatized Border Wall?

Both Politico and Common Dreams have reported on efforts by Trump’s most “MAGA” cronies to build his “big, beautiful wall” privately. (And no, I’m not joking.) From Politico, we read

It could have been an outtake from a hard-right reboot of “Ocean’s 11” for the Trump era: a gathering of some of President Donald Trump’s most notorious and outspoken supporters, who descended last week on the southern border town of McAllen, Texas.

In what amounted to a kind of #MAGA field trip, former Trump strategist Steve Bannon, former Kansas Secretary of State Kris Kobach, former Colorado Rep. Tom Tancredo, baseball legend Curt Schilling, and former Sheriff David Clarke convened to plan construction of a wall along the southern border. Blackwater founder Erik Prince phoned in from South Africa.

With Congress refusing to pony up the $5.7 billion Trump has demanded for the project, his allies are now plotting to kick off construction with private money and private land.

The motley crew insists that they are serious.They shared plans to tout their project at a town hall in Tucson, Arizona and at the upcoming Conservative Political Action Conference (CPAC). They’ve formed a nonprofit group called “We Build the Wall,” an outgrowth of an earlier crowdfunding campaign mounted by a Trump supporter.

As Politico noted, this smacks of political theater rather than a serious effort, but in a way, I’d like to see them try. Not only would they have to raise enormous amounts of money–several billion– for a project that polling tells us is unpopular everywhere, but especially on the border, but they would have to acquire the land from property owners without the ability to threaten eminent domain. They would also have to battle the EPA (which will presumably be reconstituted by a new President after 2020) over the wall’s damage to the ecosystem; Trump’s plan has already raised cries of outrage from environmentalists.

The men (and they are all men) involved in this fantasy are all well-known–or perhaps “notorious” is the more accurate description. (Politico’s recitation of their “colorful credentials” is kinder than they deserve.)

While Bannon’s involvement had been secret, Prince, Kobach, Clarke, Tancredo and Schilling all serve on the nonprofit’s board. Each of them brings colorful credentials to the mix: Prince, the brother of Trump’s Education secretary, Betsy DeVos, has performed extensive private security work in the Middle East, Asia and elsewhere. Clarke, a former sheriff of Milwaukee County, Wis., known for wearing cowboy hats, has a reputation for espousing extreme law-and-order views on the conservative media and conference circuit. Tancredo made his name as a five-term congressman with constant calls for tighter border security. And Schilling has pivoted from a storied major league pitching career to a failed video game startup to hosting a podcast for Breitbart News.

These are precisely the sort of people who populate the White Supremacy movement– outliers and losers with a desperate need to prove that they are better than those brown people they want to exclude from “their” country.

To use a term favored by “their” President, “sad.”

 

That Pesky Thing Called Reality

There are plenty of reasons to oppose Trump’s “big beautiful wall,” and I’ve listed a number of them in previous posts. Most fall in the category of “if the wall were built, this is why it wouldn’t deter unauthorized immigration or drug trafficking.”

Less attention has been paid to the reasons such a wall won’t ever be built.   

As Elie Mystal recently wrote at Above the Law,

Can all of us lawyers and law students and legal scholars and legal reporters just talk among ourselves for a minute? Can we all just pull up a chair or a stool or whatever bouncy-ball thingy you think is blasting your core right now? Can we just talk as adults and acknowledge that the federal government has ground to a halt over a wall that will never, ever get built?

The reason for Mystal’s confidence can be found in the Fifth Amendment, which–among other things– prohibits government from taking private property without just compensation. That “takings clause” is why states have eminent domain laws.

Opposition to the use of eminent domain for any but the most obviously “public” purposes   has been a staple of Republican ideology, so I’ve been surprised that so few supposed conservatives have raised the issue.

My real life friends know that I’m basically a Republican when it comes to takings. I don’t even put the scare quotes around the term. A whole canon of law has been built up around the Fifth Amendment’s commandment, “nor shall private property be taken for public use, without just compensation.”

 We can debate the finer points: I do not happen to think that Kelo v. New London is the worst Supreme Court decision in the history of mankind, as some conservatives do. … But it isn’t great! And there are conservative justices sitting on the Supreme Court who have figuratively been bred to oppose that decision. Add them to the progressives who will view Trump’s Wall as the bigoted monstrosity that it is, and I think you’re looking at 8-1 decisions against the government in eminent domain cases to build the wall. Only Justice Brett, he of the monarchical theory of executive power, can be reasonably be expected to side with the government on this issue. And even then, we know Kavanaugh seems to like to follow along with whatever the “cool” kids are doing.

The government doesn’t own most of the land on which the wall would be built–it would have to “take” land from those who own it, and people who stand to lose their property to allow construction of the wall will almost certainly go to court. Talking Points Memo recently quoted a Texan whose property is at risk:

The federal government has started surveying land along the border in Texas and announced plans to start construction next month. Rather than surrender their land, some property owners are digging in, vowing to reject buyout offers and preparing to fight the administration in court.

“You could give me a trillion dollars and I wouldn’t take it,” said Cavazos, whose land sits along the Rio Grande, the river separating the U.S. and Mexico in Texas. “It’s not about money.”

I couldn’t agree more with Mystal’s concluding paragraph.

I mean, if Trump was saying, “I’m going to shut down the government until Congress funds my matter transporter so I can beam Latinos back to their country of origin,” I feel like the scientific community would be screaming, “The ability to deconstruct and reconstruct living beings at the molecular level does not exist because of limitations imposed by quantum uncertainty!” Similarly, lawyers should be screaming, “The United States government does not have the capability of taking private lands on this scale because of limitations imposed by the Fifth Amendment.”

It’s not just lawyers who aren’t screaming. I wonder why all those conservative Republicans who raise holy hell about property rights and takings are so quiet about the threat to property ownership posed by the bloviator-in-chief.

Something There Is That Doesn’t Love A Wall

Robert Frost said it best.

Before I built a wall I’d ask to know

What I was walling in or walling out,

And to whom I was like to give offence.

Something there is that doesn’t love a wall,

That wants it down.

Good fences might make good neighbors, but walls signify more impenetrable barriers–barriers to understanding, to friendship, to growth.

Which brings me, of course, to Trump’s threat Tuesday to shut down parts of the government if he doesn’t get the money he’s demanding to build his “big, beautiful wall.”

Forget, for the moment, that Trump repeatedly promised he would make Mexico pay for his wall. (I don’t know who was dumber–Trump for promising something that any sentient being would know wasn’t going to happen, or the presumably non-sentient voters who believed him.)

Forget, too, the inescapable consequences of Trump’s rhetoric about immigrants and the urgent need to wall the dark-skinned ones out–the damage to America’s standing in the world community, and the even graver damage to the stories we tell ourselves about the promise of America and the American Dream.

And be sure to ignore the extent of environmental damage that would be caused if a wall were actually  to be constructed along America’s southern border.

Instead, put yourself in the shoes of those who agree with our delusional President. Tell yourself that you accept the importance of a wall to the achievement of what he calls “border security.”

Then ask yourself how a twenty- five-billion-dollar wall would contribute to “border security.”

It isn’t just that tall ladders are widely available, or that enterprising refugees might dig tunnels. It’s that a majority of the people who are in the United States illegally flew in and overstayed an initially proper visa. That method of entry is unlikely to be affected by a wall, to put it mildly.

(There is, to be fair, the possibility that construction of Trump’s wall  would dampen enthusiasm for migrating here, by acting as a signal that this is no longer a country worth coming to. But the number that would be so deterred is highly speculative…)

That’s not to say that construction of a border wall wouldn’t have an effect. It might not keep determined immigrants out, but it would be a powerful symbol of America’s retreat–not just from much of the rest of the world, but from who we are. It would symbolize rejection of values we may not always have lived up to, but have persistently worked toward. It would be a lasting symbol of small-mindedness, of fearfulness.

It would send the world a signal that the high-minded experiment that was the United States had ignominiously failed.