The Office for the Advancement of Research, as part of our Public Scholarship Initiative, actively solicits blog entries from John Jay faculty, staff, and external scholars working on issues of key contemporary and historical significance. We promote these entries on social media, including Facebook and Twitter, as well as within the university through a partnership with our Marketing and Development Office. If you wish to contribute an entry, please contact Director of Research Operations Daniel Stageman at email@example.com with a brief (1-2 sentence) summary of your proposed entry.
Dr. Edgardo Sanabria-Valentín sees himself in the PRISM students he works with. He credits his alma mater, the University of Puerto Rico, with instilling in him the spirit of preparedness that he brings to student researchers and presenters at John Jay — being ready not only with the technical facts but with the message about why your research is important, and how you are changing the world.
“Because of that, every time we go to a conference, we get minimum one award — my top is three!” he says. “Every time we go to an undergraduate research conference, John Jay’s name always comes up.” It is this tangible commitment to bringing out the best in John Jay’s science students that earned Dr. Sanabria-Valentín, who is the Associate Director of the John Jay Program for Research Initiatives in Science and Math (PRISM), a 2018 APACS President’s Award.
At its heart, PRISM is about teaching students skills, not only in the sciences but also to prepare them to succeed in and after college. “The bread and butter upon which PRISM was founded” is the Undergraduate Research Program. The program provides students with opportunities to be exposed to the process of science beyond their normal classroom studies by working directly with a faculty mentor on an original STEM research project.
And PRISM has grown. A second component is the Junior Scholars program, giving academic support to eligible students that can include stipends, professional development events and supplementary advisement, as well as financial support in applying to post-graduate programs in New York State-licensed professions. Just as important for an institution that counts many first-generation college students among its student body, Junior Scholars collaborates with student support services across the college, like the Math and Sciences Research Center, Center for Career and Professional Development, Wellness Center, Center for Postgraduate Opportunities, and even more. The program is designed to make sure that students have all the tools to get to know their college and excel.
External funding is part of what drives PRISM’s growth. The New York State Collegiate Science and Technology Entry Program, or CSTEP, awards grants to postsecondary and professional schools to start academic support programs — like PRISM — for students from underrepresented minority groups, or who are economically disadvantaged, to help them get into STEM fields. John Jay was among the first class of schools to receive CSTEP funding, thirty years ago and out of roughly 200 PRISM students, the CSTEP grant supports 140. Edgardo’s goal is to double that number over the next five years.
His hard work is a large part of why the CSTEP program is at John Jay — after a short hiatus, Edgardo’s application brought the program back in 2015 — and of John Jay’s unique status as the only school to have institutionalized this type of academic STEM-focused support initiative. He is also responsible for collaborating with other CSTEP schools in the region: NYU, Hostos Community College, Fordham, City College and Mt. Sinai are among the Manhattan and Bronx institutions that participate with John Jay in our CSTEP Regional Research Expos. Participating students are invited to present their own research in poster sessions and attend professional development activities.
His work on and logistical support for the expos has earned Edgardo an award from the President of the Association of Program Administrators for CSTEP and STEP (APACS). The honor also recognizes his success in running a program that benefits students in the sciences. The advisement services offered by PRISM have created the conditions for increased student success at John Jay and degree completion, and the program puts students on a path toward the pursuit of higher degrees, or toward a place in the workforce in a variety of science, technology and computer science fields. The Undergraduate Research Program has measurably helped students to pursue post-graduate degrees in science, medicine and more.
The bottom line for Edgardo, though, is his students. “My kids blow me away every time,” he gushes. “I have complete pride in showing them off at every conference I go to. I have learned so much by helping them with posters and advising on their projects; it’s encouraging that I sometimes find my students to be smarter than me.”
Learn more about:
CSTEP in New York State: http://www.highered.nysed.gov/kiap/colldev/CollegiateScienceandTechnologyEntryProgram.htm
Edgardo Sanabria-Valentín, Ph.D. is the Associate Program Director for PRISM and also the Pre-Health Careers Advisor at John Jay. He holds a Ph.D. from NYU-School of Medicine, where his dissertation work involved studying the mechanisms Helicobacter pylori employs to persist in the human stomach for the life span of each host. He came to John Jay after a Post-Doctoral Fellowship at Harvard Medical School followed by 3 years working in the Biotechnology Industry in Boston. Dr. Sanabria-Valentín is the recipient of the ESCMID Young Scientist Award (2007), a Leadership Alliance-Schering Plough Graduate Fellowship (2006), and the NBHS-Frank G. Brooks Award for Excellence in Student Research (2001). He is also a founding member of the NYC-Minority Graduate Student Network and The Leadership Alliance Alumni Association.
In mid-April, New York Governor Andrew Cuomo signed an executive order re-enfranchising paroled persons with felony convictions. The move sidestepped the Republican-controlled state legislature and does not change state law; instead, the governor intends to issue pardons for individuals convicted of felonies and currently on parole in New York – up to 35,000 individuals – as well as pardoning any new felons entering the parole system each month. The order has been criticized on all sides, both for overstepping the bounds of gubernatorial power as well as for not going far enough to address criminal justice and electoral reform.
We asked some of our own faculty and staff what they thought of the move, and whether it might be a harbinger of further voting reform for the justice-involved, both in New York State and across the United States.
Gloria Browne-Marshall (Associate Professor, Constitutional Law): Only about seven nations disenfranchise formerly incarcerated citizens.
Alison Wilkey (Director of Public Policy, Prisoner Reentry Institute): The impacts of disenfranchisement on communities have intensified with mass incarceration. In 2016, the Sentencing Project estimated 6.1 million people were disenfranchised as the result of a felony conviction [in the United States].
Why is re-enfranchisement such a significant step? What do you believe the impact will be?
Dr. Baz Dreisinger (Professor, English): Denying those with justice involvement the right to vote is an unparalleled injustice. It’s about time that this be addressed.
Gloria: To withhold the right to vote due to a felony conviction is called a Civil Death. Re-enfranchisement is necessary for re-entry into society. To be placed outside of one’s community is the intended punishment. Once completed, the punished must be re-admitted into society as full members. This includes participation in the political process. All voting rights should be given once imprisonment has ended.
Alison: The right to vote is both a fundamental right and an important responsibility. Voting is the cornerstone of democracy and ensures that citizens are able to play a role in shaping our government. Re-enfranchising individuals on parole in New York State is a significant step towards ensuring a more participatory democracy and equitable society for all.
Governor Cuomo’s executive order will have significant impact on the re-entry process [i.e., individuals returning to society post-incarceration]. Successful re-entry often depends on opportunities for meaningful community engagement. Voting will ensure that individuals on parole have the opportunity to exercise their political voice and formally contribute to their communities.
Re-enfranchisement will also have a generational impact. According to the Urban Institute, 2.7 million children have an incarcerated parent, and more than 5 million children have had a parent in prison or jail at some point during their lifetimes. In many states, formerly incarcerated individuals are disenfranchised even post-sentence, after parole or probation. When parents or older family members are unable to participate in elections, children and younger generations lose their most direct model for civic engagement. Granting individuals on parole the right to vote will ensure that the children and family members of (formerly-) incarcerated individuals more often become involved in the political process.
Dr. Heath Brown (Associate Professor, Public Policy): Voting is one of the most important ways to participate in the democracy, so restoring voting rights is a meaningful way to encourage full participation and a truly just society. The impact of restoring voting rights will depend on actual registration and turnout, however. Unfortunately we do not make it very easy to register, even for those who are fully eligible. Voting is also not always easy, especially for those working long hours. Lowering all barriers to full democratic participation would be the best guarantee that all voices are heard on Election Day.
Do you believe there should be any qualifications or exceptions to re-enfranchising the formerly-incarcerated population?
Alison: PRI firmly believes that all individuals, regardless of their involvement in the justice system, should have the right to vote. There should be no moral or character requirement for enfranchisement.
What do you believe is the likelihood or rate at which this population might exercise their right to vote, if re-enfranchised?
Gloria: The Supreme Court is deciding a current case based on whether citizens have a right not to vote. The formerly convicted have a right not to vote. It’s their decision how and when they choose to exercise this and any other Constitutional right.
Alison: Re-enfranchisement will only be as successful as the attendant voter education effort, which needs to be proactive and accessible. Government agencies, community-based organizations, community leaders and grassroots groups have an obligation to communicate with individuals on parole to ensure robust voter registration and subsequent voter turnout.
Heath: Voting is a habit, so those who voted prior to incarceration likely will return to regular voting quickly. I worry more about those who were incarcerated as teens, having never voted. It is for these citizens that a thorough program of civic learning would be most beneficial. I hope colleges, like ours, and civic groups can come together to develop programs to encourage voting and teach about democratic practices. We shouldn’t accept voting as a right that only those citizens who feel most informed and comfortable do. Re-entry programs should add democratic participation to their already Herculean efforts. Under President Mason’s leadership, I hope the John Jay community will lead this movement to promote full voting participation.
Do you think this move by Governor Cuomo has the potential to influence or spread to other states? If so, which ones?
Heath: Substantial political science research shows that innovative state policies spread and diffuse to other states. When it comes to voting issues, partisan conflict will surely factor into whether other states look to New York and this recent decision.
Gloria: Hopefully, New York will influence New Jersey and other states with long parole and probation periods that leave some formerly incarcerated persons in a “civilly dead” limbo for nearly a decade.
Baz: Since this is an archaic, discriminatory and utterly ridiculous law, it seems inevitable that it will collapse nationwide.
Alison: Gov. Cuomo’s executive order represents a wider trend in criminal justice reform that addresses the impact of disenfranchisement. Currently, only Maine and Vermont have granted incarcerated individuals the right to vote. New Jersey is considering similar legislation, and Virginia Governor McAuliffe signed an executive order similar to Gov. Cuomo [in April 2016]. Moreover, the People’s Policy Project report Full Human Beings notes that “several pieces of legislation are being advanced to enfranchise every citizen silenced through incarceration” at both the state and federal levels.
Are you for extending the vote to currently incarcerated individuals as well? If so, should they be registered to vote in their home districts or the districts in which they are incarcerated?
Alison: PRI believes in giving incarcerated individuals the right to vote in their home communities. Participating in the electoral process in their home communities will help incarcerated individuals maintain a connection with their communities, promote civic engagement, and ensure that the wider communities’ needs are addressed.
Disenfranchisement of incarcerated individuals disproportionately affects black and Latinx urban communities, who account for 60% of the prison population but only 27% of the total population. While incarcerated individuals do not have the right to vote in New York, the state draws on census data to draw electoral districts, which counts these individuals as residents of the prison location, not at their home address. The Prison Policy Initiative notes that the majority of New York State’s prisons are built in white, rural communities, which results in the transfer of a “predominantly of-color, non-voting population to upstate prisons, where it is counted as part of the population base for state legislative redistricting, [and] artificially enhances the representation afforded to predominantly white, rural legislative districts.” As the People’s Policy Project report Full Human Beings points out, as a result of prison gerrymandering, “the collective concerns of urban communities of color then go unaddressed.”
Re-enfranchising incarcerated individuals will therefore impact local and national policy on issues that have a direct impact on communities with high rates of incarceration.
Gloria: Voting qualifications are determined by the states pursuant to the US Constitution. Good conduct has been considered a qualification for voting since the colonial era. So it would be difficult for states to allow the incarcerated to vote based on the conduct qualification, political expediency and distribution of power. With over 2 million incarcerated, the prisoner vote would greatly impact the political landscape. If the incarcerated could vote, then should they be able to run for office?
Alison Wilkey is Director of Public Policy at John Jay College’s Prisoner Reentry Institute. Alison joined the Prisoner Reentry Institute as the Policy Director in December 2015. Prior to joining PRI, she worked at Youth Represent as the Director of Policy and Legal Services, and as a staff attorney in the Criminal Defense Practice of the Legal Aid Society in Manhattan. Ms. Wilkey served on the Broad of Directors of the New York County Lawyers’ Association, serving on the Justice Center Advisory Board and numerous other committees. She sat on the Criminal Courts Committee and the Corrections and Community Reentry Committee of the New York City Bar Association. Ms. Wilkey is a graduate of Columbia Law School.
Dr. Baz Dreisinger is Professor of English at John Jay College. Dr. Dreisinger works at the intersection of race, crime, culture and justice. At John Jay she is the founding Academic Director of the college’s Prison-to-College Pipeline program, which offers college courses and re-entry planning to incarcerated men at Otisville Correctional Facility, and broadly works to increase access to higher education for incarcerated and formerly incarcerated individuals. Her most recent book, published in 2016, is Incarceration Nations: A Journey to Justice in Prisons Around the World.
Gloria Browne-Marshall is an Associate Professor of Constitutional Law at John Jay College. Professor Browne-Marshall teaches classes in Constitutional Law, Race and the Law, Evidence, and Gender and Justice. She is a civil rights attorney, playwright, and the author of many articles and several books, including The Voting Rights War: The NAACP and the Ongoing Struggle for Justice, and Race, Law, and American Society: 1607 to Present.
Dr. Heath Brown is an Associate Professor of Public Policy at John Jay College, City University of New York, and the CUNY Graduate Center. In addition to his teaching and research, Dr. Brown is Reviews Editor for “Interest Groups and Advocacy” and hosts a podcast called “New Books in Political Science,” where he interviews new authors of political science books. He is also an expert contributor to The Hill, The Atlantic magazine, and American Prospect magazine.
Hundreds of thousands of immigrants to the United States who arrived as children were protected by the Obama-era Deferred Action for Childhood Arrivals program, which allowed them to live, study and work in the country. Shortly after entering office, Donald Trump put a (currently defunct) deadline on phasing out the program and asked Congress to create a permanent solution which has not yet emerged, making these hundreds of thousands of immigrants into a political football and creating extreme anxiety about their futures. Despite professed political will on both sides of the aisle to keep DACA program beneficiaries (often conflated with Dreamers, or supporters of a Development, Relief, and Education for Alien Minors Act) in the country, the process of creating a legislative solution to protect these individuals has gotten bogged down amid new debate over levels of legal as well as illegal immigration, discussion of building a wall on the US’s southern border, and related issues. As a case makes its way through the courts, there are currently no signs of progress being made, whether on a short- or long-term solution for Dreamers, or for comprehensive immigration reform more broadly.
The fight over Dreamers is ongoing, thanks to a court order staying the Trump Administration’s directives to terminate the Deferred Action for Childhood Arrivals (DACA) program and continuing Congressional inaction toward creating a path to citizenship. What do you think is the ideal fix for Dreamers?
Jamie Longazel (Associate Professor, Political Science): Some may argue that blanket citizenship for Dreamers is not possible, but I’m a firm believer in working to expand the realm of possibility.
Isabel Martinez (Assistant Professor, Department of Latin American and Latina/o Studies): The ideal legislative fix for Dreamers is a pathway to citizenship that is not punitive and takes into account the many years that they have lived in the United States. This means eliminating the conditional permanent resident provisions that have been included in several versions of the “Dream Act” that in some cases mandate thirteen total years before the ability to apply for citizenship; lowering application fees; and widening the ability to regularize status. Better legislation would raise the limit on the age of arrival (now sixteen) and remove the maximum age (currently thirty). It would also include a way for Dreamers’ parents to regularize their statuses, either via sponsorship by Dreamers or other citizen children, or on their own. It is wholly punitive to grant children of immigrants a pathway to citizenship and not their parents.
Dan Stageman (Director of Research Operations, Office for the Advancement of Research): Dreamers are a particularly sympathetic class of immigrants because they fit into the American narrative of meritocratic achievement, and because they were too young to be seen as culpable for the “crime” of their unauthorized presence in the US. In a moral sense, however, they are no more deserving of citizenship than low-wage immigrant workers who underpin significant sectors of the American economy, who pay taxes, and contribute to their communities of residence in countless ways. Perhaps more importantly, Dreamers are connected to this supposedly less deserving segment of the undocumented population through family ties and social bonds. So no legislative fix that focuses narrowly on Dreamers is intrinsically good for them – it is simply seen as more politically possible than a genuinely inclusive and comprehensive approach to legislation.
Part of the problem with making a push toward legislative change is that issues tend to fall out of the news cycle or be supplanted by newer and bigger issues. How can activists keep DACA at the forefront of legislators’ minds and continue to push for change?
Isabel: Immigration activists have been fighting for a Dream Act for sixteen years, but what is hopeful is that we are currently seeing the highest percentages of voters supporting a way for Dreamers to remain in the country legally. Activists and allies must be media and politically savvy and ensure that this support continues and grows, and is continuously broadcast to legislators. This means that DACA activists and allies must be media and politically savvy. Media and legislators must also do the right thing to build further support to get a law passed.
Jamie: I think activists deserve a lot of credit for keeping this conversation going, despite the media’s tendency to get bored and move on. My sense is that, within activist circles and immigrant communities, this issue hasn’t gone away at all, even if the national media has stopped covering it and we have temporarily lost legislators’ attention.
One helpful tactic for activists to consider as they try to build the power necessary to enact meaningful change is issue linking. DACA is about immigration, but it’s also about economic injustice, race, and unequal access to certain rights and privileges. By bringing DACA recipients and other undocumented folks into the conversation on, say, universal healthcare (and vice versa), not only does the issue stay on the agenda, but it also helps to boost cross-issue solidarity where we’d otherwise have activists working in silos.
Dan: What is striking is when you see groups like United We Dream – an undocumented youth grassroots organization – shifting their focus to providing practical support for immigrants facing deportation. It’s an indication that the faith these groups place in the political process to solve their very real and immediate human problems is at a low ebb.
Can you state the case for allowing Dreamers to stay in the United States?
Isabel: Dreamers are already Americans! They have assimilated – the only thing that separates them from other young people is a piece of paper. Removing Dreamers would be removing Americans, as well as much-needed talent and potential in which this country has already invested. Additionally, sending Dreamers back to countries and communities that they do not know and where they do not possess social ties is setting them up for failure. These countries have limited plans to receive and integrate them.
Jamie: I don’t think Dreamers are especially deserving because they are high achieving or assimilated. Claims like these can reinforce notions of “us” versus “them” that have long plagued the immigration debate. I think they are deserving because they are human beings, because no one deserves to live in fear, because no one deserves to be denied access to basic rights. I think Dreamers should be permitted to stay in the United States because it is the right thing to do.
Isabel: The other case is rooted in the United States’ obligations as an imperialist state: the majority of DACA recipients are Mexican, approximately 79%. Their arrivals to the United States coincided with the shocks or aftershocks of economic deals, including NAFTA, made between the US and Mexico that had losers as well as winners, namely many poor Mexican families who could no longer survive due to conditions of the deals. If we look at other countries of origin including the Dominican Republic, Guatemala, and El Salvador, we see immigration as the effect of failed or highly lopsided bi-national policies enacted with the United States. This is considered alongside increased border militarization that made the conditions of circular migration deadly and expensive for adult migrants like these young peoples’ parents. The United States has had its hand in the conditions that pushed many families from these communities to enact strategies that let them survive together; as such, the United States has a moral obligation to right these wrongs by receiving and integrating Dreamers and other immigrants.
Dan: I would again broaden the lens to include all “unauthorized permanent residents,” a group that includes any individual who has built the kinds of social and economic ties to the US that are the essential features of establishing long-term community membership, but is unable to legalize their presence. That definition in and of itself makes the case: the ethical framework for community membership goes back at least to Rousseau’s Social Contract, and the mutual obligation it establishes between the individual and their society. Dreamers and other unauthorized permanent residents are fulfilling their end of the social contract through their economic and cultural contributions to American life; unfortunately, the federal government has not reciprocated. Congress passed the last comprehensive immigration law in 1996 – over 20 years ago. The heartbreaking stories that have recently become so common, of individuals deported after 20, 30 or 40 years of US residency, are the direct result of Congress’s historic refusal to address the instability and vulnerability these immigrants have faced throughout their time in the country.
The reality is that vulnerable people are easy to exploit – illegality is, in effect, an informal guest worker program that allows the US economy to benefit from Dreamers and other unauthorized permanent residents without providing for their welfare. This is also why local governments and private prison companies have been able to take increasingly entrepreneurial approaches to their involvement in immigrant detention and deportation. The simple case for a path to citizenship is that these forms of exploitation are morally repugnant and un-American.
What is the best thing others can do to support the Dreamers?
Jamie: If we are talking about folks who are not immigrants, or immigrants who do not have a precarious legal status, then my suggestion would be to stay active – attend rallies, share information, or join an organization. And I think folks should think hard about how our struggles are intertwined. Solidarity is how otherwise powerless groups become powerful. But it is important that Dreamers and other affected immigrants lead the way, because sometimes well-intended actions and words from unaffected people can do more harm than good.
Dan: Give generously to advocacy organizations like the New York Immigration Coalition or the Immigrant Legal Resource Center. Write and call senators and congresspeople in support of DACA legislation. Most importantly, learn about the needs and vulnerabilities of immigrant communities where you live and work, and intervene in whatever way you can.
CUNY has one of the largest populations of Dreamers of any university system in the country, and while it would be irresponsible for any institution to tell these students that we can keep them safe from deportation, we can find other ways to help alleviate the incredible stress they’ve been under since the 2016 election; for example, establishing scholarships and emergency support funds, holding regular legal clinics, providing physical and mental health services, and ensuring the confidentiality of their education data are some of the things that CUNY has taken on to support our Dreamers.
Isabel: Individuals can follow our lead at John Jay for local-level support. For college-going Dreamers, we will be opening an Immigration Student Success Center in the fall that will centralize resources – academic, financial, social and legal – that are essential to their success. This is the culmination of two and a half years of work that focused on creating systems to protect, support, and empower our John Jay Dreamers.
In addition, according to a variety of polls the majority of Americans support a pathway to citizenship for Dreamers. Voters need to turn that passive support into active support and pressure their representatives to vote on a bill ASAP, with calls, emails, visits, op-eds and town hall testimonials that share how important it is that this issue is resolved. This pressure should be placed at all levels of government and in the private sector. Private citizens and corporations can advocate for state and local government to support Dreamers by passing bills that provide in-state tuition, state financial aid, and drivers’ licenses; allow them to obtain professional licenses to practice medicine and law, or teach; and restrict cooperation with DHS and ICE.
Some states and institutions are instituting limited solutions for DACA recipients, like a bill proposed in Rhode Island to allow DACA recipients to obtain drivers licenses and work permits despite expired federal status, or certain universities helping with DACA renewal fees or offering special opportunities for non-citizenship-dependent research and educational opportunities. How helpful do you think these solutions are in mitigating the current circumstances Dreamers find themselves in?
Isabel: These are very helpful, but aren’t enough. In-state tuition and financial aid can mean the difference between DACA recipients enrolling or not in college, and, once enrolled, stopping frequently to save money or paying by semester. And of course, there are significant wage differentials between those with and without college degrees or professional development opportunities. Providing funding for internships and research enables DACA recipients to position themselves to procure better (status and –paying) jobs during school and after graduation.
Dan: While state and local-level solutions are not a replacement for comprehensive federal immigration reform including a path to citizenship, they are absolutely necessary in its absence. Most important among these solutions are the ones that, like California’s recent SB-54, limit law enforcement data sharing and cooperation with Immigration and Customs Enforcement (ICE). It’s important for states and localities to announce their intentions to protect their communities from arbitrary detention and deportation, and follow through with legally binding statutes that prevent local law enforcement agencies from contributing to the process in any way.
Jamie: What I appreciate most about measures like this is their symbolic power. These places are leading by example. They’re showing us what inclusion could look like, showing us that they are not afraid, and expanding our collective sense of what is possible.
Does the focus on DACA recipients in the news and policy debate overlook other undocumented immigrants, or ease their own paths toward citizenship? Do you believe this debate will end up helping all undocumented residents?
Dan: I think overall the focus on DACA recipients does a disservice to other undocumented immigrants. It sets up a contrast between the supposedly achievement-oriented, ‘model immigrant’ Dreamers, and their hard-working (but often low-wage) parents and neighbors who are no less deserving. This is a false dichotomy, and not one that anyone who supports immigrant rights should be playing into.
Jamie: I think the focus on DACA recipients has overlooked other undocumented immigrants, but only because of the way the issue has been framed (i.e., depicting DACA recipients as deserving in contrast to other undocumented folks). There are plenty of other ways we can frame the issue that are actually favorable to immigrants across the spectrum of legal statuses.
For instance, I think talking about children who were brought to the United States without authorization can complicate what is otherwise a rather simplistic immigration debate. People talk about “legal” and “illegal” immigration as though there is a binary that is synonymous with “good” and “bad.” But here we see that the reality is far more complicated. DACA also opens up an opportunity to talk about nuances that many non-immigrants are unaware of: mixed-status families and the unique experiences of “1.5 generation” immigrants, to name a couple of examples.
What I’m saying is that so much of our public debate has relied on stereotypes and myths! With DACA, I think we have an opportunity to confront and challenge those myths, but we have to be very careful not to reinforce them.
(Answers may be lightly edited for clarity.)
Dr. Jamie Longazel is an Associate Professor in the Department of Political Science at John Jay College. His research examines issues of race and political economy, typically within the contexts of immigration and imprisonment. His recent book, Undocumented Fears: Immigration and the Politics of Divide and Conquer in Hazleton, Pennsylvania, uses the debate around Hazleton’s controversial Illegal Immigration Relief Act (IIRA) as a case study that reveals the mechanics of contemporary divide and conquer politics and makes an important connection between immigration politics and the perpetuation of racial and economic inequality.
Dr. Daniel Stageman is the Director of Research Operations of John Jay’s Office for the Advancement of Research. His academic work examines political economy and profit in the detention of American immigrants, and the economic context surrounding federal-local immigration enforcement partnerships.
Dr. Isabel Martinez is an Assistant Professor of Latin American and Latina/o Studies and the Founding Director of U-LAMP, the Unaccompanied Latin American Minor Project, a research and service project that focuses on providing academic, social and legal support to recently arrived immigration minors in removal proceedings. She also serves as the faculty adviser to the JJay DREAMers club.
John Jay Scholars on the News looks at tough issues through the lens of the research our scholars are producing, and informs the way we think about important debates and the role of public scholarship and evaluation. This post was originally published on March 19, 2018.
Following the mass shooting that killed 17 and injured even more at Marjory Stoneman Douglas High School in Parkland, Florida – just the latest high-profile incidence of gun violence in the United States – the conversation in Washington has focused heavily on gun policy. Thanks in large measure to the efforts and activism of MSDHS students since the attack, the issue has remained at the top of the national agenda. On March 14, students from schools around the country walked out of classes to protest widespread gun violence, and protests have taken to the Capitol and state houses to ask for change.
We spoke to scholars and practitioners at John Jay College to ask for their thoughts about what feels like a significant moment in the public discourse on gun policy, and asked how best to move forward.
How does this moment in the national conversation about gun control feel different? Why do you think the response to the Parkland shooting has been so different from previous events? Do you believe the Never Again movement has the potential to make real change?
Christopher Herrmann (Assistant Professor, Law and Police Science): There is certainly a different ‘feel’ about the gun control debate after the Parkland shooting.
Sung-suk Violet Yu (Associate Professor, Criminal Justice): The Never Again organizers are very active. The movement has gained traction, I think, because it is high school students leading it. They are not too helpless (like the young children at Sandy Hook), but also are not jaded, and they have few opponents. They are soon-to-be voters and a soon-to-be major consumer group, whose political views and spending habits are flexible and can be changed, making them a force to be reckoned with. They challenge mindsets and business-as-usual attitudes of politicians and big companies alike.
The organizers are also passionate, and savvy about social networks, and their message resonates with many because the organizers experienced the carnage of school shootings firsthand, and we have all witnessed such tragedies too many times.
Doug Evans (Senior Investigator, Research and Evaluation Center): Emotional appeals hit hard when they come from people who have lived through a difficult experience, and even harder when they come from kids. The high school survivors are motivated and have a platform to address the masses, and people are listening because they can relate, either because they are in high school or are a teenager, or because they have kids of their own. I think the Never Again movement will make real change, but it will be gradual. As more and more young people become involved and realize the collective influence they can have over elections, elected officials will have no choice but to adjust their campaigns to appeal to a younger voting demographic.
Christopher Herrmann: The Never Again movement has already managed to keep an ongoing dialogue on current gun politics and organized nationwide student walkouts, and soon there will be the National March for Our Lives on March 24th in Washington, DC. The question remains if these tactics will contribute to measurable change in the future. So far I think the biggest accomplishment the movement can take credit for is the recent gun bill passed into law in Florida (Senate Bill 7026, also known as the Marjory Stoneman Douglas High School Public Safety Act). While it didn’t accomplish all the gun control measures that were requested, the fact that students and supporters were able to make substantial legislative changes to Florida’s gun laws within three weeks in one of the most pro-gun state legislatures is momentous and noteworthy.
What issues are we losing sight of or glossing over when we talk about mass shootings? How do we take a broader view of gun violence when mass shootings in schools are dominating the news cycle?
Doug Evans: This cannot be stated enough: the NRA has an annual budget of a quarter billion dollars, and often uses an extreme argument (the government wants to take your guns and, ultimately, your rights) in response to reasonable arguments (restricting who can own guns and automatic firearms to prevent mass shootings). Coming to a consensus about the purpose of weapons that can fire ten or more rounds per second and deciding who, if anyone, should have access to these weapons that are capable of causing mass casualties, requires us to take a broader view.
Christopher Herrmann: Using 2015 data from the mass shooting tracker website massshootingtracker.org, we see there were 372 mass shootings in the United States, causing 469 gun fatalities and injuring an additional 1,387 victims. Compare those mass shooting numbers to broader gun violence deaths – there were 36,252 firearm deaths in 2015, comprised of 22,018 suicides, 12,979 homicides (which includes the 469 mass shooting fatalities), and 1,255 ‘other’ gun fatalities. The below chart shows that mass shootings make up less than 2% of all firearm-related deaths in 2015; moreover, school shootings are a very small percentage of mass shootings.
While the media may focus on mass shootings (especially school shootings), our gun politics debate needs to take into account the much larger context of suicide and homicide firearm deaths.
David Kennedy (Director, National Network for Safe Communities): When these mass shootings in schools occur, the public is rightfully outraged, but they are rarely as outraged by the gun violence that regularly causes trauma, fear, and grief in other communities. This is a problem, but also an opportunity to draw wider attention to the routine violence taking place in many marginalized communities. People should know that while we wait for broad solutions for preventing mass shootings, we already have immediate ways for states and cities to address this more frequent violence.
What gun restrictions or legislation, short of a ban, would be the most effective in reducing gun violence?
Violet Yu: It is not that we not know how to have sensible gun control. The simple sad fact is that there is a lack of political, ideological and economic willpower to make this happen. It is startling how easy it is to be a gun owner. At least in the U.S., if you can afford a smartphone, you can afford a semi-automatic rifle. Once purchased, there are minimal to no ongoing maintenance expenses. This affordability allows a large number of people to own multiple firearms, and practice shooting or hunting as hobbies.
It is not a new idea to suggest registering all firearms with an agency, similar to drivers’ licenses. What about mandatory gun owner’s insurance, as expensive as motor vehicle insurance or even a mobile phone subscription? That ongoing expense would remind gun owners that they must take good care of their firearms and not let them fall into the hands of non-legal owners. It is not clear whether a measure placing an artificial economic burden on gun ownership will pass, but we have done this before by levying taxes (i.e., alcohol) or giving tax credits or subsidies as needed. Would it be crazy to add a tax on firearms? I think not.
Christopher Herrmann: I along with the overwhelming majority of Americans (including an overwhelming majority of gun-owning Americans) support a universal background check system that requires all firearm sales to go through a licensed firearms dealer, including private party and gun show transactions. I also support improving the current FBI National Instant Criminal Background Check System, to incorporate any military violations and mental health screenings into the current system, and bans on assault-style weapons and bump stocks. I support a waiting period on prospective gun buyers between three and five days. And I do not advocate arming school employees.
Doug Evans: Although policymakers would like the public to think that legislation is responsible for falling rates of gun violence [in New York City], I think that is an oversimplification. It may be responsible for a small percentage of the reduction, but large cities across the country are in the midst of historic decreases in crime and violence. More prominent than legislation are economic and sociological factors.
Nevertheless, there do need to be restrictions on people with mental illness, both for the protection of the public and would-be gun owners.
What states do you believe provide the best model for potential new national legislation?
Doug Evans: Specific gun laws vary widely not only from state to state but also within states. New York City has experienced decreasing gun crimes and the lowest number of murders in decades, as I noted earlier, but the city’s gun laws are stricter than most jurisdictions would consider implementing. It is extremely difficult to get a gun permit and even more difficult to get a license to carry a gun. Open carry of guns is not allowed anywhere in New York. The considerable paperwork, fees, background checks and additional steps New York has put in place for gaining legal access to guns are far more onerous than most states.
Christopher Herrmann: The governors of New York, New Jersey, Connecticut and Rhode Island recently signed an MOU that will create a multi-state regional task force on gun violence. The objective of the task force is to (1) trace and intercept illegal guns; (2) improve data-sharing, analysis, and response efforts; and (3) establish a multidisciplinary gun violence research consortium containing researchers from criminal justice, public health, public safety, public policy, and social welfare. President Mason, David Kennedy and I were recently included on a conference call and invited to participate.
The federal government, however, has been unable to dedicate a significant research focus on gun violence and has been largely ineffective in developing policy that improves upon any of our current gun violence problems.
(Answers have been lightly edited for clarity.)
Doug Evans is an adjunct assistant professor at John Jay College, and a Senior Investigator/Project Director at the college’s Research and Evaluation Center. He is currently engaged in an assessment of a system-wide effort in New York City to expedite and enhance arrests, prosecutions and sentencing in felony firearm cases.
Christopher Herrmann is an assistant professor in John Jay College’s Law and Police Science Department. He specializes in crime analysis and crime mapping, and has worked with the NYPD on crime prevention and control strategies. Currently he is working on violence prevention initiatives with the New York City Housing Authority research team at John Jay, concentrating on gun violence in New York City.
David Kennedy is a professor of criminal justice at John Jay College, and the director of the National Network for Safe Communities. His work with the NNSC supports cities implementing strategic interventions to reduce violence, minimize arrest and incarceration, enhance police legitimacy, and strengthen relationships between law enforcement and communities.
Sung-suk Violet Yu is an associate professor in the Criminal Justice Department at John Jay College. Formerly of the Vera Institute of Justice, she focuses on crime prevention, corrections, and impacts of environments on spatial patterns of crime using statistical methods. Her upcoming article in the Journal of Interpersonal Violence is “Illegal Firearm Availability and Violence: Neighborhood Level Analysis.”
The following piece is the first in a series of interviews with faculty on their responses to questions making a big impact in the news. John Jay Scholars on the News looks at tough issues through the lens of the research our scholars are producing, and informs the way we think about important debates and the role of public scholarship and evaluation. It was originally published on January 17, 2018.
After a year or more of heated rhetoric around ostensibly rising rates of violent crime in many American cities, recently published statistics showing crime rates in some of these cities falling sharply have captured the attention of policy makers and academics alike. Subsequent discussion in the public sphere has tried to link policing strategies to these reductions in crime; in New York City, for example, some of that discussion has looked at the cessation of stop-question-frisk policies in New York City and our record low rates of violent crime. Because John Jay is a college with a unique focus on policing and criminal justice-related issues, we reached out to some of our faculty and staff to find out what they think is causing crime rates to drop, and whether police forces can take some of the credit.
To start, we talked with Associate Professor Eric L. Piza from the Department of Law and Police Science. He was careful to begin by qualifying his answer, reminding us that the real world isn’t controlled like an experiment, but went on to suggest that proactive, evidence-based policing strategies the NYPD began in the ’90s may have contributed to recent declines in crime rates.
It’s always tough to attribute precise credit for crime declines. The real world isn’t a laboratory, so we can’t
carefully control conditions and isolate causal mechanisms. But with that said, looking at policing research suggests that the NYPD deserves some credit for the crime reduction. Research evidence suggests that proactive, focused policing has a much greater impact on crime occurrence than reactive policing. Importantly, the de-commitment from stop-question-frisk did not spell the end of proactive policing in NYC. Rather, the NYPD has revamped their processes to emphasize team policing and enhance community engagement. Projects such as Cure Violence and Focused Deterrence have also dedicated additional resources to focus on the highest risk offenders and neighborhoods experiencing disproportionate levels of gun violence.
Expanding the focus to the historical crime decline, I think there’s also evidence to support the influence of police. When Commissioner [William] Bratton first arrived at the NYPD in the early 1990s, the rapid pace with which the agency deployed Broken Windows policing tactics left little time for the type of controlled evaluations that could rigorously test their influence. However, we now have ample research evidence to say that Broken Windows is indeed an effective crime reduction strategy so, in hindsight, I think we can say that the NYPD deployed an evidence-based crime reduction strategy in the 1990s.
We also reached out to Meaghan McDonald, Director of the Group Violence Intervention strategy at the National Network for Safe Communities. She broaded our perspective, highlighting strategies that are working in cities around the country, not just in New York.
Cities as different as Detroit, Newburgh [NY], New Haven and New York City have significantly reduced or maintained historically low levels of homicides and shootings over the past year. They did so in part by doing what we know can work: focusing law enforcement, community influence, and support and outreach resources for the people who are most likely to be the victims and perpetrators of violence.
People in groups — gangs and crews — are disproportionately involved in serious violence, and when police and communities concentrate their efforts on keeping these people alive and out of prison, they can maximize ROI [return on investment]. Agencies focusing on group violence are recognizing the power of advance communication to this population and, when a law enforcement response is necessary, making sure it is focused and legitimate.
When cities take this approach, they have a greater chance of fundamentally changing the dynamics of violence in their city.
Lest we feel overconfident about attributing causation, we were left with a word of caution from Jeffrey Butts, the director of the Research and Evaluation Center, that should guide all John Jay scholars whatever their field of study.
When asked about fluctuating crime rates or differences in crime between cities, a genuine scholar starts with a raised eyebrow or furrowed brow and then goes on to describe various other factors that could be contributing to the difference. Researchers — as opposed to politicians — never point to just one cause. Only after careful investigation of other explanations will a researcher be bold enough to reject the null hypothesis, although they address cause and effect only in terms of ‘explained variance’ or ‘effect size.’
This is why the general public listens to politicians more than they listen to scholars and academics. It’s easier, and can be comforting when someone in authority provides a simple explanation for the frightening uncertainty that surrounds us. Researchers, however, thrive in uncertainty.
(Answers have been lightly edited for clarity.)
The following piece gives notes on the autoethnography by Criminal Justice PhD students Kwan-Lamar Blount-Hill and Victor St. John, which was the *winner* of the “Best Article Award” by the Awards Committee of the American Society of Criminology Divison on Critical Criminology and Social Justice. This piece voices their shared experience in traditionally non-minority institutions. Click here to view the full article, originally published January 23, 2017.
Autoethnography is still somewhat avant garde in the field of criminology and criminal justice. The notion of a researcher “studying” her or his personal experience and history engenders some skepticism as to a works’ objectivity and, therefore, its value. What this misunderstands is the realization that there is value in the subjective. We, as scientists, also prize objectivity as valuable, but our work has been premised on the idea that subjective perceptions matter. Kwan has focused his study on perceptions of government legitimacy, how the perception of injustice is enough to cultivate cynicism, encourage disobedience, and spark rebellion. Victor has concentrated on how inmate perceptions of architectural features impact their receptivity to treatment, from conscious decision-making to subconscious processes to biochemical reactions at the cellular level. Women and men much more accomplished than us have built long-lasting careers on similar arguments.
“Manufactured ‘Mismatch’” uses autoethnogaphy to explore perception and, in that regard, we believe achieved its goal. In it, we accurately captured our felt experience and argued that it represented a state of feeling that might very well be shared beyond us. Examining our subjective perceptions, we came to understand perceived “mismatch” between us and our environment through the lens of cultural incongruence, where two cultures differ such that coming together causes stress, strain or all-out clash. The two cultures we identified as being, in our cases, at least partially incongruent were “Black culture” and the “culture of criminology and criminal justice.” Exploring the coming together of these two is already made difficult by the paucity of Black academics in the field, specifically coming from majority non-minority institutions. Having no outside resources to assist, we concluded that in-depth study of this population would be impossible for us. It so happens that both of us belong to this demographic and, at any rate, do not our perceptions matter too?
Our hypothesis was that Black culture and the culture of academic criminology might clash on several points. First, we hypothesized that Blacks would see themselves more likely to criticize mainstream institutions than other academics in the field, causing some friction with institutionalists. We hypothesized that Blacks would likely feel more religious or faith-oriented than their colleagues, causing friction with those who espouse faith-free intellectualism. We hypothesized that Blacks would perceive the academy as a much more intimate space, clashing with those see it in the nature of a transactional workplace environment. Finally, we hypothesized that Blacks would feel more inclined to see themselves as members of a collective, rather than emphasize their individual success, of course, clashing with those who feel otherwise. We separately examined our own experiences and perceptions of them, using a combination of record review and recollection to determine whether our hypotheses were supported. We found that they were. Our final hypothesis was that these felt differences would cause cultural mismatch, and that cultural mismatch might be the cause of Black academic struggles, as opposed to the intellectual mismatch that has historically been offered as an explanation.
Autoethnography is valuable because it allows for deep dives into researcher perceptions that create the potential for avenues of further study and, hopefully, for further action. By no means would we argue that our study proves the existence of anything but our own personal feelings about our experience. What we would argue is that it supplies a worthy reason to engage in further study on the topic. This is particularly the case for those who profess to have genuine concern in mitigating these tensions by creating spaces where friction is not quite so palpable or by creating systems that can guide Black students, and others, through it.
Again, autoethnography creates the potential for avenues of further study and further action, though we did not anticipate the many ways it would. One such way was by revealing and explaining our feelings about our experience to colleagues who had not understood them. By writing our thoughts on the page, in the tempered language of scholarship, and allowing other academics to engage with it outside of the tense environment of direct confrontation, we allowed others the time and space to digest our message. We opened the door for later discussions that needed to be had, but were not on track to happen otherwise. Most impactful, thus far, the work generated an invitation to meet privately with a colleague of ours to explore questions that had not been fully explained in our piece. The invitation was a courageous move on the part of a non-Black faculty member who was brave enough to wade into the waters of racial tension and to hold her own. She commended our work, yes, but also challenged us on the conclusions we drew from our perceptual experiences.
As scientists, we have a duty to forthrightly reexamine our interpretations when they are called into question. So, then, we want to take a moment to engage in some reexamination. Having done some of that, we have arrived at a number of additional conclusions. These are, again, based on our own perceptions and are in need of validation through further study. However, our description of incongruence appeared to emphasize how academic culture clashed with Black culture without adequately accounting for the position on the opposite side. We seek to address that here.
Taking our assumption of greater Black cynicism toward mainstream institutions into further consideration, we must admit that this might present a challenge even to those academic institutions that want to be more welcoming. This cultural phenomenon means that Black academics may often come into an institutional situation prepped for unfair treatment. The expectation is not unwarranted – we trust we need not go into the litany of ways that American societal institutions have engaged in discrimination and structural violence towards Blacks over the centuries. Black cynicism can be viewed as a protective adaptation of the culture, though one that leads to Black academics potentially misinterpreting personality disagreements as disagreements about race.
The situation is made more complicated in that some seemingly personal disagreements are actually about race, and our colleagues inability to see this when it happens only adds to our hypersensitivity around the subject and increases our interpretation through a racial lens. Moreover, in our colorblind society, racial tensions are often due to unintentional affronts. Non-Black colleagues will complain that their intentions were not malicious or ill, seeming somehow not to understand that, in the context of a societal arrangement which necessarily disadvantages Blacks, unintentional but ignorant attitudes and actions that perpetuate disadvantage and isolation are as harmful as intentional ones. That great misunderstanding only confirms Black skepticism of institutional environments and further racializes their interpretive lenses.
To further complicate matters, those non-Black colleagues who both understand the inherent challenge of Black success in mainstream institutions – success often coming from the backdrop of multi-generational, socio-structural disadvantage – and who want to be sensitive to those challenges may nonetheless find a mistake of theirs, or a personal disagreement, or a misunderstanding, suddenly characterized as a racial issue by their Black counterparts. When Black academics begin seeing professional interactions along racial – instead of interpersonal – lines, any one-on-one conflict can be transmuted into a battle of the races. Previous experience with racial discrimination or insensitivity reinforces the salience of a racialized perspective, which may then filter truly non-racial encounters through a racialized lens, further reinforcing its salience and possibly creating racial conflict from an interaction where none was originally intended – a cycle manufacturing mismatch.
Other aspects of Black culture beyond cynicism may also drive this. Black collectivism is a prime feature of the culture. For a people who have been oppressed en masse, individual experiences may become so similar that victory and tragedy are seen as shared. We can attest to this. As each other’s only Black male contacts in our doctoral program and then connecting on a shared perception of loneliness, we are now both intimately invested in our collective success. We see a challenge to one as a challenge to both. When Kwan perceives a problem of his as due to his race, we are both mobilized to respond. If Victor encounters a problem, racial or not, to the degree that it may stymie his success, it is still a challenge to us both. Our collective is not made up of just us. More than most of our colleagues, we are sure, our families are dependent on our success, not merely as a point of pride, but as a necessary step toward the family’s unitary economic and social stability. Still more, each time we walk into a classroom, we not only feel the responsibility of a professor to his students, but a responsibility to every Black face in the classroom to demonstrate Black potential and, to every non-Black face, the responsibility of demonstrating Black capability. We feel that we are not just ourselves, we are us all.
That weight may be, in some estimations, unwieldy, unwise and unjustified, but, to us, it is also undeniable and unavoidable. We feel personally proud of Black achievement and disappointed at Black failure because we are not spectators, but that achievement or failure is our own. And for those who point out the problems with such an approach, we retort that it was not one entirely of our own creation. American has consistently dealt with Blacks as if we were one writhing monolith. A rebellion on one plantation elicited punishment within several. Resistance to Jim Crow in one place sparked retaliation in several others. A policeman’s bad experience with one Black person leads to his rough treatment of others. Academics themselves have been guilty of conflating individuals into singularity – our paper explored how perceptions of historical religious ignorance and bigotry have made Black religiosity a mark of unsophistication and anti-intellectualism. Forced into one collective Black box, we cannot be blamed for responding in kind, as we are, for ill or good, all connected. Perhaps unfortunately, this may mean that a sensation misinterpreted as pain in one corner of the Black communal body often reverberates throughout, multiplying its intensity and the nature of the response.
Black cynicism and the adoption of vicarious experience as our own is a recipe for perceiving racial incivility in every corner. Interestingly, the professor we had the opportunity to speak with challenged one of our responses to perceived incongruence. She noted that we had developed a pattern of avoiding the institution due to our discomfort. Upon reflection, we must admit that truth. To paraphrase her point, our abandonment relinquished our claim to a place where we, in fact, belonged and our absence made it difficult for those who actually cared to determine how best to make that space more inclusive. Standing up to decry the isolation that drove us away might be seen as courageous, but fleeing the scene to complain from the outskirts was decidedly not. For this, we must take responsibility.
We would add, though, that many of our colleagues – even those who are well-meaning – have often taken a similar approach, avoiding depth of contact with us in order not to risk unwittingly hitting some racial landmine. Unwillingness to traverse into uncomfortable territory is not tenable for us, but equally untenable for non-Black others. Both harm the prospects for our field’s advancement beyond the “problem of the color-line.” We commit to doing our part in bridging the gap by seeking not to bring distrust where it is not deserved, by discerning the personal from the racial (inasmuch as these can be separated), and by being present. But we must demand, then, that others be willing to acknowledge the realities that breed distrust, and commit to being proactive and helping us to overcome not only our perceptual biases, but, more importantly, the oppressive structures that produce them
One way to do that is to take advantage of another aspect of Black culture that we explored – the search for personal connection. This will make many of our colleagues uncomfortable we are sure. However, when any academic stops to think how much of her or his own success is due to friendships and social ties with others, one must see that personal connection in the profession is not so foreign a concept. We merely suggest that, for those who care, the extra step to achieve closer bonds with Black counterparts on their terms may bring outsized dividends. We have a ready example: At the outset of writing this post, our thought was simply to amplify the message of our original piece. After a conversation with the professor, who we both felt truly cared about us – even if we do not always agree with her counsel – was able to change the tenor of this discussion.
There is no single person in the United States that has not benefitted from the contribution of Black American people, even if only indirectly through recent immigration to a country whose present opportunity is built on previous, forced Black labor. We will decline to say that this necessarily creates a debt, but one might see how Black individuals may walk into institutional situations feeling something to that effect. For our part, we have little patience for those who would benefit from this system and feel no impetus to make it more equitable and more just, even if that means taking a few extra steps to connect to a Black colleague and to make them feel a part. At the same time, our very presence in academia is owed not just to Black labors, but to the work and fierce advocacy of many who look nothing like us. If a debt is owed, it is a reciprocal one. How to completely resolve the issue of inclusiveness is a subject for another paper and another day, when we have done the necessary study and contemplation to offer answers more confidently. What is clear is that the oft-recommended – but seldom done – resolution of open and honest communication rooted in a relationship of care and trust must be a first step. The second must be open and honest connection rooted in that same type of relationship. And a third must be partnership and collective effort, again, in the context of care and trust. If autoethnography has done nothing more than to help us demonstrate the effectiveness of this path, it has been a worthy endeavor and a worthwhile contribution to science.
The following piece was originally featured by The Hill on 8/16/17 under the title “Trump’s actions are more telling than his words on Charlottesville.” Heath Brown is an Assistant Professor of Public Policy at John Jay and an opinion contributor to The Hill.
There’s been a lot of attention paid to what President Trump has or has not said about the white nationalist march in Charlottesville, VA. Commentators are right to point to the weak statements from the President and White House as it demonstrates an unwillingness to use one of the most important powers of the presidency to confront organized racism, anti-semitism, and violent bigotry.
But a president’s powers don’t end at moral suasion and rhetoric. The President oversees a massive federal bureaucracy that has historically confronted civil rights violations and violent extremism. Just six months into his administration, the President has also failed to use this power to address the rise of the anti-African American, anti-Muslim, and anti-immigrant crime.
For example, in his initial budget for the Department of Homeland Security, the President cancelled grants to several community organizations focused on fighting hate, preferring to focus on the threat posed by ISIS. This is unfortunate because grants to groups like, Life after Hate, can leverage the numerous ways local organizations address intractable social problems, and for very little money.
This missed opportunity also signals a way forward on difficult racial and ethnic issues facing the country. Community groups already provide so many services to those in need, from education to job training to healthcare. These groups can also provide a voice for those victims of hatred and represent community concerns with public officials.
This is especially important during election time when we decide who will make important decisions about government spending. I’ve found that for organizations serving immigrants, less than half have participated during recent elections. That means too few organizations are helping to register new voters, inform residents about important campaign issues, or mobilize communities on Election Day.
This is another missed opportunity to confront white nationalism and hatred, especially when we consider how effective community-based organizations can be in responding to a rise in racial violence like we’ve seen since last fall. During the 2012 election, organizations such as the Sikh Coalition quickly responded to the murder of Sikh worshippers in Oak Creek, Wisconsin. These groups successfully urged the Department of Justice to classify the murder as a hate crime and commit federal resources to the case.
Elsewhere in the country, even though there is a small percentage of immigrant organizations participating in elections, for those that do, they make a major difference. Since it began registering voters in 2004, the MinKwon Center for Community Action has registered 70,000 new voters in New York City. Similar organizations door-knock and phone-bank in numerous languages to make certain every eligible voter knows where and when to vote.
Various forms of racism are embedded in American society and institutions. A thorough response must be just as comprehensive, reliant on the work of office holders, officials in government, and community groups working together with the citizenry. For community groups to play this role they must be supported, not just from federal grants, but also through state and local sources, philanthropy, and neighborhoods that encourage this type of participation.
The following piece gives notes for the ongoing research by Dr. Veronica Michel, an Assistant Professor of Political Science. This research evaluates criminal procedure cross-nationally to examine victim’s rights in Latin America. It was originally posted in 2017.
For almost a decade I have been doing research on victims’ rights in Latin America. My interest in this topic began because while conducting research for my dissertation at the University of Minnesota I learned that victims of crime in most Latin American countries are granted a very interesting procedural right: the right to private prosecution within criminal proceedings.
I have explained in some of my previous publications (for instance, in this co-authored article with Kathryn Sikkink), that the right to private prosecution goes well beyond a victim’s right to speak granted in the US because the right to private prosecution grants the victim the right to participate with a lawyer in the prosecution of a crime. As interesting and important as private prosecution is for access to justice (and it is, as I argue here, here, and also in a forthcoming book), in Latin America victims of crime are granted many other rights. For instance, victims have strong reparation rights, like the right to introduce a civil claim within a criminal proceeding, also known as a civil action; and victims are also granted important protection rights, like the right to be informed about the state of the proceedings or the right to be offered shelter or protection when needed.
A content analysis of the current criminal procedure codes in 17 civil law countries in the region shows that these statutes provide quite a vast array of rights to victims of crime. What I find fascinating, however, is that all these rights are quite new. Yes, victims have always existed as long as crime has been around. But “victims’ rights” as such are quite new. As you can see in the Word Cloud above, an analysis of these 17 current criminal procedure codes reveals that among the most used concepts in these statutes we find the words “victim” (víctima) or private prosecutor (querellante).
Moreover, a closer comparison of old and current criminal procedure codes also reveals that the more recent a statute is, the more references to “victims” it makes. Some old criminal procedure codes did not even include the word victim in the whole statute. For instance, the criminal procedure codes of Nicaragua of 1879 or even the one of Honduras from 1985, did not even once mentioned the word victim.
In contrast, since 1994 we have witnessed an expansion of victims’ rights in criminal procedure. For example, Mexico’s previous criminal procedure code of 1934 only mentioned the word victim twice. In sharp contrast, its latest statute which entered into force in 2014, mentions the word 169 times!
So where do these “victims’ rights” come from? Why is it that countries gradually embraced the “victim” and began to expand the rights granted to this actor? Why is it that most countries in the region today provide all these similar rights? These are the questions that I am now exploring in an article that aims to explain how Latin America came to have such a vast array of rights for victims. So, stay tuned. I will report soon a summary of my findings in this blog.
This entry is the fourth in a series on the involvement of local law enforcement agencies in immigration enforcement under the Trump Administration’s January 25th executive orders and the follow-up February 20th DHS implementation memos. Please see the January 26th introductory entry and prior entries on Orange County, California, Etowah County, Alabama, and Frederick County, Maryland for context.
In the two weeks since my last profile (of Frederick County, MD), media scrutiny of the 287g program has sharpened considerably. I’m particularly grateful to two journalists who have taken the time to better understand the incentive structures at play that may contribute to some sheriffs approaching 287g as an ‘entrepreneurial’ enforcement initiative: Bryan Schatz of Mother Jones, and Tanvi Misra of The Atlantic’s Citylab. Anna Flagg of The Marshall Project has also contributed her considerable visual acumen to portraying the rich historical data on 287g in the public domain in a way that lays bare the program’s national impact – and gives a sense of where immigrant communities may be the most vulnerable moving forward.
Media and public attention on immigration enforcement has become all the more vital in light of the Trump administration’s continued impact on the news cycle; the President’s announcement during his joint address to congress that he was open to ‘compromise immigration reform’ may not be a deliberate distraction from ongoing developments in enforcement and detention, but it certainly seems to have attracted significant media attention that might otherwise have been turned elsewhere. Among the substantive immigration enforcement developments that this and similar high-profile public announcements from the White House pushed out of the headlines were the increasingly aggressive actions of ICE agents themselves, who appear after the reversal of Obama-era discretion policies to be making symbolic arrests that sow fear among immigrant populations. Some of these arrests seem tailor-made to communicate the message that literally nowhere is now safe, undermining any sense of security that might be taken from sanctuary cities or sanctuary campuses. Perhaps more importantly, they undermine the participation of undocumented immigrants (and, frequently, their US Citizen children) in constitutionally-protected human rights like public education and public safety.
This widespread sense of fear and insecurity compounds two other issues of moment regarding immigration control: the enormous and growing backlog of federal immigration cases – in a context where immigrants will now be nearly universally subject to mandatory detention while asylum and other immigration cases are under review – and the now-public efforts of DHS to quickly and significantly expand detention capacity. An expansion of 20 thousand beds indicates that Secretary Kelly expects a nearly 50% increase in the current ‘average daily population’ (ADP) of 41,000 immigrants in detention on any given day. Such an expansion will not only represent a windfall for private/for-profit detention providers like CoreCivic (formerly the Corrections Corporation of America) and the GEO Group, but also (as I discussed in my last entry) the county sheriffs who operate local jails with spare beds that can be leased to Immigration and Customs Enforcement (ICE) through intergovernmental service agreements (IGSAs) for what is often a lucrative per diem fee. This phenomenon will likely be especially pronounced in jurisdictions along the US-Mexico border, where the ending of Customs and Border Protection’s (CBP) ‘catch-and-release’ policy will mean yet another influx of new detainees.
Alamance County is the first of our profile counties whose 287g agreement is no longer in effect, meaning that speculation on the future of the program under the Trump administration is just that. Given, however, that the Alamance County Sheriffs Office (ACSO) lost its 287g agreement in the midst of federal civil rights litigation alleging racial profiling of Latinos under the auspices of the program, signing a new 287g with the ACSO would be a clear repudiation of Obama-era enforcement policy. Such repudiations are arguably the Trump administration’s stock-in-trade across a whole spectrum of policy arenas, but the symbolism of entering an enforcement agreement with a jurisdiction previously under investigation for civil rights violations would be particularly telling.
The Alamance County Sheriff, Terry S. Johnson, appears in many of his public statements to be an ideologue in the Chuck Jenkins mold, if somewhat less outspoken. Perhaps the most significant differences between Alamance and our two prior jurisdictions – Franklin County, Maryland and Etowah County, Alabama – are demographic ones: Alamance, with a population of about 150 thousand, has had a large and growing Latino community since the 1990s, accounting in the last census for over 11% of the county’s population. To reiterate the key characteristics that qualify Alamance County for inclusion in this series:
1) “Jurisdictions to watch” have operated consistently under the same chief executive since before the Obama administration’s efforts to reform 287g. In most cases, this means that the same individual who signed the jurisdiction’s first 287g memorandum of agreement is still making the relevant executive decisions about involvement in immigration enforcement moving forward.
2) They are (with few exceptions) county law enforcement agencies headed by elected sheriffs.
3) They have started deportation proceedings for significant numbers of immigrant arrestees under their 287g programs in the past.
4) They have clear incentives for directly involving their officers in immigration enforcement. While these incentives are often political, they are often financial as well, with direct income and/or indirect ‘economic activity’ arising from close ties to private/for-profit immigrant detention facilities located within the jurisdiction, and/or Intergovernmental Service Agreements (IGSAs) under which ICE pays the jurisdiction a per-day fee to detain immigrants in the local jail.
Alamance County fulfills all four of these criteria, although I should again stress that its 287g agreement was rescinded by the Obama administration in 2012. If anything, this makes it a more important jurisdiction to profile from the perspective of advocacy, as 287g was ended there through the intervention of a tool – federal civil rights litigation – that is unlikely to be available to advocates under the current administration. What other kinds of litigation or approaches to grassroots organizing remain possible in the face of an emboldened immigration enforcement apparatus has yet to be tested, but a renewed 287g agreement in Alamance County would arguably represent an attack on civil rights and constitutional protections necessitating an early test of these strategies.
ALAMANCE COUNTY, NORTH CAROLINA
SHERIFF: Terry S. Johnson.
Johnson, a Republican, has been Alamance County Sheriff since 2002, and is currently under consideration for an appointment to the US Marshals Service under the Trump administration. Johnson, who was accused under the Department of Justice’s 2012 investigation of the Alamance County Sheriff’s Office (ACSO) of referring to Spanish speakers as “taco eaters”, “received support [for his appointment] from every sheriff in the other 23 counties in the U.S. Middle District of North Carolina”. The Department of Justice brought suit against Johnson himself (rather than the ACSO as a whole) in 2012, after he categorized the DOJ’s findings in their initial investigation as “completely false”. In what was then a first for the DOJ’s civil rights actions against law enforcement agencies, the Department lost its case against Johnson in 2015, with US District Judge Thomas D. Schroeder finding that the government had not proved its case. While the DOJ originally appealed the verdict, it dropped that appeal in August of 2016.
ARRESTEES PROCESSED FOR DEPORTATION UNDER 287G: 280 in 2012 – a number significantly lower than the annual average of 355 that the ACSO achieved in the five preceding years of 287g enforcement, and likely reflecting the pressure that the ongoing DOJ investigation put the department under. Alamance County’s population of 150 thousand was 11% Hispanic or Latino according to the 2010 census, so if most of the arrestees processed for deportation were Latino county residents, around 2% of this community was directly affected on an annual basis. Given the likely indirect effects of this enforcement on children, partners, other family members, and the community at large, Alamance’s immigrant population may have long been familiar with the level of stress and uncertainty currently being experienced by immigrant communities nationwide.
ACTIVE IMMIGRANT DETENTION FACILITIES: The Intergovernmental Service Agreement through which ICE contracted with the Alamance County Jail to provide bed space for immigrant detainees appears to have been rescinded with the county’s 287g MOA in late 2012. At its 2010-11 peak, however, its average of 45 immigrant detainees would have made up 15% of the jail’s average daily population of 300. As recently as 2016, the ACSO shuttered a 76-bed detention center “annex” as a cost-saving measure; as discussed above, there is a clear incentive to monetize this excess bed space under the Trump administration’s expansion of detention capacity.
AVERAGE DAILY POPULATION (ADP) OF IMMIGRANT DETAINEES: The Alamance County Jail held an average of 29 immigrant detainees on any given day throughout 2012. This represents a significant drop-off from the approximate ADP of 89 when the county first signed its 287g MOA in 2007. With a per diem of $61, the ACSO’s detention and related operations yielded $2.6 million from ICE that year – $1.87 million for detention, and $730 thousand for transportation. Alamance’s reduced 2012 ADP indicates a partnership going out of favor in the face of the DOJ’s ongoing civil rights investigation. Under these reduced circumstances, ADP income would likely have been cut by over 50% from documented 2007 levels ($71 * 29 detainees * 365 days) to $750 thousand for detention alone. Alamance’s 2007 IGSA gives us the ability to further estimate a proportional income from transportation of $275 thousand (730k/541 = $1,350 per detainee in 2007, or $1,565 * 176 total detainees in 2012). Thus even under DOJ investigation, Alamance was likely able to clear $1 million in funding for detention and transportation of deportable immigrants. Interestingly, the total funding that could be directly attributed to Alamance’s enforcement activity under 287g – about $1.64 million ($71 * 280 processed for deportation * 60 day average stay = $1.2m, + 280*$1,565=$440k) – is in fact 60% higher than the amount the recorded ADP suggests, illustrating the clear budgetary importance of maintaining the appearance of unbiased enforcement under the Obama-era DHS.
HISTORY OF 287G IN ALAMANCE COUNTY, NORTH CAROLINA: As detailed above, Alamance County entered into its 287g enforcement agreement in 2007, as part of a wave of several North Carolina jurisdictions that joined that year. The ACSO’s original 287g memorandum of agreement was an agreement for jail enforcement only, adding a cautionary note to statements by other 287g-supporting sheriffs that jail enforcement agreements are intrinsically safer than street enforcement agreements or comparatively free of bias. The crux of the DOJ’s case against Johnson was research indicating that Latinos in were significantly more likely than other ethnicities to be stopped at ACSO roadblocks and for minor traffic violations, and more likely to be arrested rather than warned or cited when stopped – largely the same kinds of enforcement patterns cited in criticisms that characterized 287g task-force agreements as biased and reliant on profiling. The material difference between task-force and jail-based 287g agreements lies in the fact that interrogation about immigration status takes place within the confines of the county jail in the case of the latter, and in the public view for the former. This difference does not inoculate jail enforcement agreements from patterns of arrest intended to yield higher numbers of detentions and deportations.
CONTEXT AROUND CONTINUED IMMIGRATION ENFORCEMENT UNDER 287G IN ALAMANCE COUNTY, NORTH CAROLINA: As discussed above, whether under Sheriff Johnson during his remaining time in office, or under his successor at a later date, the reentry of an emboldened Alamance County Sheriffs Office into the 287g fold would represent a clear symbolic break from Obama-era cautions around profiling-based immigration enforcement by local jurisdictions. To renew an agreement with Alamance would arguably represent an implicit statement – at most hinted at in Trump’s January 25th Executive Orders and the follow-up Kelly memo – that racial profiling and other forms of biased enforcement would be tacitly acceptable for local jurisdictions acting in support of the administration’s stated detention and deportation goals. Even in the context of an emboldened ICE and an increasingly indiscriminate immigrant detention and deportation regime, this tacit approval of unconstitutional policing practices would represent a new and extreme departure from established professional law enforcement standards – and a redirection of the federal civil rights apparatus (encompassing the Department of Justice and the Department of Homeland Security alike) that has long been tasked with supporting them. Advocates and other close observers may well be expecting this departure, but would do well to keep an eye on Alamance County to see it confirmed.
Daniel L. Stageman, PhD is Director of Research Operations at CUNY John Jay College of Criminal Justice. He is also a criminologist whose scholarship focuses on making sense of America’s punitive approach to immigrants. He can be contacted at dstageman(at)jjay.cuny.edu. This has been the second in his series of profiles of “jurisdictions to watch” on local immigration enforcement under the new policies promulgated by President Trump’s January 25th executive orders. Next up: Gwinett County, Georgia.