Chinese Exclusion Act


From this week’s reading assignment, I have just two points and a question. First, I will reexamine how King determines what makes disobedience civil. Then I will make an argument about segregation and tokenism as it regards immigration. The question I’ll leave you with is about whether we are in a time of sowing or reaping.

In contrasting the differences between civil- and uncivil-disobedience, Dr. King says:

“In disobeying such unjust laws, the students do so peacefully, openly and nonviolently. Most important, they willingly accept the penalty, whatever it is, for in this way the public comes to reexamine the law in question and will thus decide whether it uplifts or degrades man.

“This distinguishes their position on civil disobedience from the “uncivil disobedience” of the segregationist. In the face of laws they consider unjust, the racists seek to defy, evade and circumvent the law, and they are unwilling to accept the penalty. The end result of their defiance is anarchy and disrespect for the law. The students, on the other hand, believe that he who openly disobeys a law, a law conscience tells him is unjust, and then willingly accepts the penalty, gives evidence thereby that he so respects the law that he belongs in jail until it is changed. Their appeal is to the conscience.”

King lists the qualities of civil disobedience as: peaceful, open, nonviolent, and accepting of penalty. King lists the qualities of uncivil disobedience as: defiant, evasive, and circumventing of the law; and unaccepting of penalty. King lists the outcomes of civil disobedience as: public reexamination of the law, and increased respect for law. King lists the outcome of uncivil disobedience as: anarchy, and disrespect for law.

 

King’s lifelong fight was against a system that prevented all people from freely associating with those of a different race in all aspects of life. In the United States of America from (roughly) 1896 to 1965, that system was called segregation. In South Africa until the mid 1990s, that same system was called apartheid. In the United States of America, that exact system is called restricted immigration. I cannot freely associate with those who I choose to if the government tells them they do not have a legal right to be here. I think we should come up with a name for restricted migration that makes this reality clear. Perhaps the term “national segregation” could work. I’m not sure, what do you think?

 

Understanding restricted immigration as segregation makes clear that a system which gives a few people permission to enter the United States, while denying hundreds of thousands of others, is a system of tokenism. Tokenism is also giving amnesty to the undocumented immigrants currently living in the country while blocking the way for others. Ours, instead, “is total commitment to [the] goal of equality and dignity,” and not just for those currently here. This is why Reagan’s amnesty plan failed.

Abraham Lincoln and the Reconstruction Congress well understood this principle. Tokenism for them would have been emancipating a generation of slaves while maintaining the institutions of slavery and the slave trade. Our situation is no difference. We are not fighting for the Mexican; we are fighting for the Chinese, the Japanese, the Indian, the Irish, the Italian, the Mexican, and whatever ethnic group will come next. To paraphrase Dr. King, God is not interested in the freedom of movement of black men and brown men, but in the freedom of movement of all men. Our goal must be unrestricted migration, not just because it is necessary for democracy, but because it is morally compelling.

 

My question comes from this line. “The current breakthroughs have come about partly as a result of the patient legal, civil and social ground clearing of the previous decades.” While there has been social ground-clearing, there hasn’t been any legal ground clearing (not for 125 years at least). My questions are these. Would civil disobedience be premature right now? Does the legal have to preceed the social? Dr. King’s movement came after the major legal battle to end segregation (Brown v. Board). Is something similar required before civil disobedience will be effective and useful, especially given that disobedient immigrants are not jailed, they are deported? Civil disobedience is designed to change unjust laws. Dr. King used it to change unjust local laws that were out of compliance with newly implemented federal standards. Immigration law is an unjust federal law. Do we need to advance international law before we use civil disobedience to challenge the more local, federal laws?

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It’s been a long time since we lived the idea that people are innately good. Just laws, the kind of legislation our country was founded upon, enable and protect the innate goodness of the individual against the circumstantial evils of a few. Unjust laws, however, demean this innate goodness by making criminals out of innocents. The country with the most laws is the most corrupt.

 

Unjust laws of citizenship can be explained by the fixation of American culture on the unpredictable, “evil” nature of people rather than the more common goodness of the individual. Fear, or terror, born out of a single event one September, has come to shape not only our war policy but also the way we internally police our nation and stalk our borders.

 

It’s been a long time since we remembered that people are good.

 

King writes it this way: “We have allowed our civilization to outdistance our culture…Civilization refers to what we use; culture refers to what we are…” America needs, has in fact always needed, immigrants and new citizens to keep its economy and culture vital. But throughout our history, from the Alien Act of 1798 and the Chinese Exclusion Act of 1882 to the citizenship literacy test of 1917 and the first nation-based “emergency” quota system of 1921, our country has operated in a schizophrenic manner, not wanting or welcoming the very immigrants which made it great. The Know-Nothing party, created for the sole purpose of opposing my immigrant ancestors the Irish Catholics, lives on in the Minutemen and now the inglorious border wall. We have consistently despised the very things which make us strong. It was only the innate goodness of man, coupled with divine Providence, that these opposing forces never gained the upper hand and tyrannically ended immigration

 

“The great problem confronting us today is that we have allowed the means by which we live to outdistance the ends for which we live.” As a nation, America is materialistically wealthy but spiritually poor, full of knowledge but too often without wisdom. Capitalism, with its unseen hand of the marketplace, does whatever it can to keep the prices down and sales up; as a result, low-wage labor provided by immigrants has become an integral part of our national GDP. American citizens defend their rights as consumers but too often lose sight of the ends for which we live. As King writes, “As long as there is poverty in this wold, no man can be totally rich even if he has a billion dollars.” In the same vein, no one can be a citizen if there is someone living within our borders who is denied the basic rights of other residents.

 

It’s been too long since we made legislation which affirms the fact that man, made in God’s own image, is good and deserving of certain inalienable rights, alien or not.

 

IN this world of globalization, we must realize that the tenets this country was based upon do not apply merely to the continental U.S. but to the world at large. Globalization must have regulations, indeed, but we are hopelessly interconnected now so that the fate of one “illegal” immigrant is the fate of so many others. This new concept of the world begs a revised definition of the term “citizen;” how much longer can our nation exist with its double-standard for citizenship, with its 14 million right-less residents working to sustain the rights and wealth of the rest of our nation. We must come to terms that the way our nation stands right now, my rights are secured because someone else’s are denied; my paycheck is buoyed by the sub-standard wages of illegal immigrants we economically need and legislatively condemn.

 

It’s been too long since we recalled the goodness in our fellow man, in the global community, in our bordering neighbors, in all our residents of this great land.

 

The American dream reminds us that every man is heir to the legacy of worthiness.” And so, we must conclude that a nation which holds tight to restrictive, antiquated quote systems has forgotten the worth of the individual. We must reason that a nation which closes Ellis Island, hunts immigrants, and deports workers must not view people as an asset any longer, but as a burden. Far from being overpopulated, our nation’s immigration legislation heralds the arrogant notion that we already have everyone we need within our borders. But we know better than that. We must “in-source” ideas from Gandhi’s India, ideas about the importance of man and nonviolence. We must remember that people are good, not goods or commodities or without rights.

 

It’s been too long since we remembered the goodness of which we are capable and the means by which every one of us arrived at our blessed rights.

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The Southern Poverty Law Center released a report yesterday, stating that the current system of exploiting undocumented laborers working in the United States is “Close to Slavery.” The article, which I encourage you to read, can be found here.

How did we end up with a system where some, based on citizenship (which is almost entirely a function of place of birth), can expect one wage while others cannot? It hasn’t always been the case. From 1776 until 1882, immigration to the United States was open. That all ended with the Chinese Exclusion Act. That Act ushered in an immigration system based on racism which still exists today.

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From 1882 to 1965, our immigration laws were explicitly racist. They aren’t so overt now, but the same quota system that started in 1924 exists today – with the same intention and the same affects. Immigration restrictions are designed to keep people (specifically brown people) out, and that is exactly what they do.

For a detailed history of U.S. immigration law, click here.

 

Representative John Lewis speaking at an immigrants’ rights rally.And the leaders of the Southern Poverty Law Center aren’t the only ones pointing out the similarities between the criminalizing of immigrant workers and slavery.

Our civil rights heroes such as John Lewis, have said the same thing. For more discussion on that, follow this link.

 

 

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