De-Arrest Every Single One, Free Them All

It’s not clear what the legacy of Donald Trump’s presidency will be. A lot is contingent on whether he leaves in 2021 or 2025 (or maybe stays beyond that, who really knows). It could be his links with the fossil fuel industry during the key period to avoid climate catastrophe. It could be his disgusting personality and history of sexual harassment and violence. I don’t think it’ll be his potential links to Russia, but I may be wrong.

Right now, July 15, 2019, it’s clearly the concentration camps.

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A concentration camp for migrants and asylees, El Paso, Texas. Credit: Reuters

The debate of what to call these horrid human misery camps is tired. They are concentration camps, much like Japanese internment camps were, and the early Nazi-era camps that existed as eventual pipelines shuttling people to death camps. The term is over a century old, and historians nearly-universally see the term as being used fairly like people like Rep. Alexandria Ocasio-Cortez.

So with that being established, what are we obligated to do about them? The liberal response, which is focused on symbolic protest and use of electoral politics is, to me, fundamentally flawed. Mass symbolic protests like the Women’s March have had no long-term effect on Trump administration policy. Electoral victories in Congress did not yield a solution, as Nancy Pelosi gave a blank check to the administration to create more camps (or, more likely, keep the camps as-is and increase enforcement and apprehension, creating further crowding and misery). The Democratic Party is hopelessly divided on what to do about the border, with many having bought into the idea that there is a non-manufactured ‘border crisis’ with record unlawful crossings. The truth is more about clogged immigration courts, performative cruelty by the administration as a deterrent to crossing the border, and wasting taxpayer money sending soldiers to the border to do nothing in the heat.

Not to say that there are not urgent crises in countries that produce a large number of migrants. The Obama administration’s support for a coup in Honduras that entrenched military rule, corruption, and gang power, which he nor Hillary Clinton were ever held meaningfully accountable for, has had a domino effect on the region. Mass migration, including unaccompanied minors, rose sharply during the latter half of Obama’s administration. The crisis is a mixture of interventionist, illegal foreign policy and purposefully cruel domestic priorities. The end result is a humanitarian nightmare.

So what do we do? While Donald Trump certainly flirts with fascist ideas, there is certainly more space to plan resistance than existed in 1930s and 1940s Germany and Italy. ICE is used to targeting individuals and small groups with the element of surprise- they rely on heavily-armed police to deal with actions like the Portland ICE occupation. There are certainly mainstream actions that can be taken to deal with these injustices. Winning district attorney and mayoral races with progressive candidates that firmly (actually) refuse to cooperate with federal immigration is important. ICE depends strongly on the consent and active assistance of state and local law enforcement- if such support is removed, the house of cards is revealed. Further occupations of ICE buildings, the homes of senior officials, and contractors that do business with the agency could be effective- assuming activists have a clear strategy for victory and do not fall into lifestyle activism like occupation camps have often been criticized for becoming going back to Occupy Wall Street and before.

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A Lights for Liberty vigil. July 12, 2019. Credit: AP

But will history be satisfied with that? Are future generations going to be okay with “I voted” and “I went to a vigil”? Would we be satisfied with that in any prior period with concentration camps? Are we willing to live with hypocrisy?

With that said, let’s talk about de-arresting.

De-arresting has two distinct meanings. One is when one is released from arrest without certain information being filed. The other, which I’ll be referring to, is a form of direct action where a person or persons who have been detained or arrested are freed by protestors using various methods, including force. Given the high amount of illegal arrests at events like the 1999 WTO protests in Seattle, it can be said that de-arresting can be justified, assuming we do not start from a position that the only legitimate power is state power, and that law enforcement officers (and prison guards, ICE officials, federal agents, Border Patrol, etc.) are always justified in the actions they take. This is uncomfortable territory for the political center and mainstream, even if they strongly disagree with mass arrests, deportations, child separations, and concentration camps. This is the electoral-direct action divide. Plenty of people have one foot in each camp, but many refuse to cross it. The reasons are complicated- they include personal sympathy with law enforcement (“my brother is a police officer!”), class interest, internalized bigotry, and simple lack of initiative.

Let’s also say that de-arresting is not strictly about the use of force. In Gene Sharp’s 198 Methods of Nonviolent Action, which has been used in the color revolutions across Europe and the Caucuses, the Arab Spring, and in the Hong Kong democracy movement, among many others, we see ostensibly nonviolent means that still support actions like de-arresting, given certain circumstances. I’ll bold some I think are particularly relevant:

16. Picketing

66. Total personal noncooperation
67. “Flight” of workers
68. Sanctuary
69. Collective disappearance

139. Noncooperation with conscription and deportation
140. Hiding, escape, and false identities
141. Civil disobedience of “illegitimate” laws

143. Blocking of lines of command and information
144. Stalling and obstruction
145. General administrative noncooperation

146. Judicial noncooperation

170. Nonviolent invasion
171. Nonviolent interjection
172. Nonviolent obstruction
173. Nonviolent occupation

175. Overloading of facilities
176. Stall-in
177. Speak-in

196. Civil disobedience of “neutral” laws
197. Work-on without collaboration
198. Dual sovereignty and parallel government

183. Nonviolent land seizure

Now, in the streets, when a migrant is being detained by ICE, or held in a concentration camp, or separated from their children, the lines between “nonviolence” and “force” blur a lot. What if a police officer charges you with a baton? Do you resist or not? If an officer is dragging someone towards a car, is it violent or nonviolent to distract or intimidate them into letting them go, or pursuing you instead? It’s why principled pacifism has problematic aspects. I still believe nonviolence has clear advantages- there are clear problems with the actions of anarchist Willem Van Spronsen and his “propaganda of the deed”. These things are best done in massive groups, in which soldiers or police are outnumbered heavily. The more people there are, the less likely authority figures will risk using force, lest they lose control of the situation entirely. There is a long history of mass occupations and civil disobedience, including the mutiny of soldiers- such as the 1986 Peoples’ Power Revolution in the Philippines, and the retreat of riot police from the federal building in the 2000 Bulldozer Revolution in Serbia, leading to the overthrow of Slobodan Milošević. These were mass movements, broad coalitions ranging from the mainstream to hardened activists, to the authorities themselves. Their united actions and planning exposed rifts within the ruling class, which were then isolated and dismantled piece by piece, like the storming of the Bastille 230 years ago yesterday.

The situation is fairly straightforward. Thousands of people are in concentration camps where they don’t belong. Their conditions are horrific. Children are separated from parents, sometimes to be adopted by American families without parental consent. We have to get them out. They have been arrested and detained, but their ‘crimes’ are unjust for any level of imprisonment. They are held and dehumanized as an act of pure cruelty, just like the Boers in South Africa, the Roma, Communists, Jews, Jehovah’s Witnesses, and homosexuals across Europe by Germany, and the Japanese in the United States and Canada.

They need to be de-arrested. The camps must be dismantled. Their leaders need to be tried and convicted of their crimes. How does one do that? You can gather a dedicated coalition and use raw numbers to do the job. You can try to fight the soldiers, police, and agents- though that is the terrain they are most comfortable with, and regular people are least comfortable. You can wait until 2020 and hope Donald Trump loses a partially-rigged election and relinquishes authority. And hope a Democratic president doesn’t maintain such terrible detention facilities.

There are multiple paths, with one goal. Which way will it be?

Mario Cuomo’s one amazing sentence on the death penalty

One of Mario Cuomo's many vetoes of bills to reinstate the death penalty in New York.
One of Mario Cuomo’s many vetoes of bills to reinstate the death penalty in New York.

Mario Cuomo is gone. We are left with a rich legacy, and his loud, hypocritical bully of a son. I was reacquainted with him last year, as Ken Burns uses his young sports dreams as emblematic of New York Italian-American identity in Baseball, which I finally got around to watching. To some extent he has to be compared (and contrasted) with Ted Kennedy. Liberal icons from the Northeast, who could of but did not end of being President. Both were active in a political era characterized by the gutting of labor and welfare. I preferred Cuomo’s personality and he’s my kind of politician. But both are now gone, and the players in American liberalism are relative newcomers.

Cuomo was probably the best high-ranking voice against the death penalty, with about a dozen yearly vetoes of bills introduced to bring back capital punishment in New York. His statement with the 1991 veto is perhaps the best succinct statement of why the death penalty is profoundly wrong:

“The death penalty legitimizes the ultimate act of vengeance in the name of the state, violates fundamental human rights, fuels a mistaken belief by some that justice is being served and demeans those who strive to preserve human life and dignity.”

Couldn’t have said it better myself, Mario.