ASYLUM 2NC

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ASYLUM 2NC
1.
ON CASE – they can’t solve for a single one of
their impacts, there’s no reason to vote aff
a. Immigration and border officials will ignore the plan – even
before Trump, they were turning away asylum seekers, and
Trump has reinforced this attitude
Harris 18
–professor of law at the Universit y of the D istr ict of Colu mbia [Linds ay, The Was hington Post, Seeking as yl um is n't a cri me. Why does Tr ump treat it as one?, 7/1/18, Proquest 7/12/18]//dc hen
border officials claiming allegiance to Trump began turning back
asylum seekers in greater numbers. a border official told them: "There is no
asylum.
you'll all be sent home."
.
border agents without appropriate training are
increasingly taking the law into their own hands. In early 2017, for example,
Human Rights First documented 125 cases of Border Patrol agents unlawfully
turning back asylum seekers. , border officers tell asylum seekers to "come back
later," turning away one family nine times. This violates our legal obligation under
Article 33 of the Refugee Convention and under our own Refugee Act not to
return an asylum seeker
.
Seeking as yl um i n the U nited States has never been eas y, by design. But under Trump, it's bec ome arbitraril y harder - and i mpos sibl e for s ome
,
Even before the 2016 elec tion
I recall cli ents who s aid
Trump is goi ng to be pr esident, and
Since his i naugur ation, pr obl ems i n the as ylum s ystem have onl y i ncreas ed.
The first c halleng e for as ylum s eekers is jus t bei ng able to appl y. They must either be at the border or within the U nited States to clai m pr otecti on - they cannot s eek as ylum from outsi de
Some enter the countr y with a tourist, study or wor k visa, but these ar e diffic ult to obtain. Others approac h the U.S. bor der and as k for protec tion, or cr oss the bor der without permissi on and are detained by i mmigration officials before filing their as yl um applicatio ns. Under inter nati onal l aw and a Cli nton- era U .S. law known as " expedited
removal," offi cials must screen all indi viduals they enc ounter around the border for potenti al as ylum clai ms. If s omeone i ndic ates she is afraid to retur n to her home c ountr y, bor der officials must refer her to an as yl um offic er for a "cr edi ble fear" i nter view to deci de whether she is eligible for as yl um. Legall y, the Bor der Patr ol si mpl y makes a r eferral for the i ntervi ew; however,
Latel y
to a plac e where she fac es a thr eat to her life or freedom.
b. Plan cannot solve for Border Patrol agents – they won’t
follow the law anyway
Nazario 18 –
board m emb er of K ids in Need of D efense (Sonia, T he New Yor k Ti mes, 7/13/18, “Do You Car e About the R ule of Law? T hen Act Li ke It”, ProQuest, 7/14/18) //dc hen
Some emboldened Border Patrol agents are turning away people outright. Sorry,
they say, the United States is full, try again later. , we don’t give asylum any more.
It is a violation of America’s immigration laws to turn away someone
who says he is in danger without providing access to a credible fear interview or
a reasonable fear interview — the first step on the path to asylum or protection.
Or
For two
weeks, i n 105- to 107- degree heat, around 100 migrants, i ncluding chil dren, have been waiti ng in Nogal es, Mexic o, across the Ariz ona bor der, wher e a measl y thr ee families are pr oc ess ed a day, sai d J oanna Williams, the direc tor of education and advocac y for the Ki no Border Initiati ve. T he wait to cr oss i nto C alifor nia is even l ong er — up to a month. T her e are encampments i n Tijuana wi th mor e than 1,000 families waiting to be process ed. T his is treac herous turf on which to hang out. One of the biggest r evenue str eams for Mexi co’s cartels is kidnappi ng peopl e, i ncludi ng thousands of Centr al Americans, eac h year . T hey dem and r ans oms, pr ostitute girls, enslave boys. In Reynos a, Ms . Williams sai d, thes e c artels are s ystematicall y stal king migrants who have been turned away fr om the border. H er group ai ded one 49- year-ol d man who had been ki dnapped, r aped and tortured by the Sinaloa c artel. After his famil y paid $1,200 i n rans om, his tor mentors r eleas ed hi m by the border with a mess age: If we see you again, you’r e dead. But when he told
Bor der Patrol agents , “M y life is in dang er,” Ms. Williams s ays they l aug hed at hi m, pr ocessed hi m for illeg al re- entr y and booted hi m bac k to Mexi co.
c. Many applicants will still be denied asylum, lack leal
representation
ORDOÑEZ ’15
(Franc o; Mi ami Her ald, “Landmar k as yl um ruli ng has helped fewer domes tic viol enc e vi cti ms than hoped,” http://www.mi amiheral d.c om/news/ nation- world/nati onal/article52091630.html)ww
applicants face broad disparities in the
courts. A review of recent decisions in domestic violence asylum cases has
advocates saying that outcomes continue to be influenced by courts’ locations
and whether applicants have lawyers.
. Out of more than 1,600 asylum cases involving partner
violence in which attorneys have sought the center’s assistance, there have been
89 decisions. While 43 were granted either asylum or some similar form of relief,
35 were denied and the rest were sent back to court.
A landmar k r uling l ast year by the nation’s highest i mmigrati on court g ave s ome victi ms of domestic vi olenc e, suc h as Bonill a, a path to stay and to remain in the countr y l egall y. “I feel like I won the l otter y,” Bonill a s aid, s omewhat r eluc tantl y. She won permi ssion to stay in November 2014. M any as yl um experts saw the Augus t 2014 landmar k c as e, known as A-R-C-G after the initi als of the woman i nvol ved, as a leap for war d for those fleei ng “femici de,” the rampant gender-based vi olenc e r ooted i n much of Lati n Americ a. But a year after the ruling,
Roug hl y 2 out of 5 reported domes tic- viol enc e decisions have been deni ed sinc e the l andmark c ase, acc ordi ng to pr elimi nary data compiled by the C enter for Gender & R efugee Studi es at Uni versi ty of Californi a H asti ngs C ollege of the Law. The g over nment does not report the i mmigration j udg es’ deci sions on domestic vi ol enc e c as es, making it harder to trac k how cas es far e across the c ountr y. T he Center for Gender & R efug ee Studies hous es the largest r epositor y of g ender-based as yl um c ases. T he c enter has c ollec ted nearl y 90 decisi ons that i nvol ved
domestic viol ence sinc e A-R-C-G. Although the sample isn’t large, patter ns have emerged s howi ng the signific ance and li mitations of the decision, ac cor ding to a r eport by the center titl ed “Gender-Bas ed As ylum Post-M atter of A-R-C-G” to be published this week in the Southwester n J our nal of Internati onal Law
“I don’t mean to di mi nish what is goi ng on, but i t has n’t been s o pronounc ed,” s aid Blai ne Bookey, co-leg al dir ector at the c enter and author of the r eport, speaking of the r uling’s i mpac t. “ A-R-C-G was reall y s uc h a posi ti ve advanc ement in rec ognizi ng domestic vi ol enc e as a basis for as yl um. But it still leaves a l ot untold.”
d. Immigration court disparities hamper asylum seekers –
including those escaping domestic violence
Stillman, reporter, The New Yorker, 2018
(Sarah, “N o R efuge”, The N ew Yor ker, J anuar y 15, 2018, acc es sed via LexisN exis, ac ces sed 6/28/18, GDI-J G)
Even when asylum seekers get the opportunity to see a judge, it can be difficult
to prove that their fears merit legal relief. Asylum seekers aren't entitled to
lawyers, and have been told to represent themselves in immigration court.
children as young as three
Accordi ng to Trans acti onal R ec ords Acc ess Clearinghous e, at
Syrac us e U ni versity, as yl um s eekers who fi nd leg al repres entation are fi ve ti mes more likel y to win their c as es. Geography is a s trong deter mini ng factor in their fates. When the Government Accountability Office studi ed the outcomes of as yl um c as es i n c ourts nationwide, it found signific ant g eographical dis pariti es i n the res ponses to nearl y identic al situations. Between 2007 and 2014, some si xty per c ent of as yl um applicants won their c ases in New Yor k City, while i n the c our ts of Omaha and Atl anta l ess than fi ve per c en t di d.
e. Credible fear arbitrary and oppressive – lack interpretation
services and representation for asylees
Shattuck
, J.D. Candid ate, Universit y of W ashington School of Law,
2018
(Katherine, “PR EVENT ING ERRON EOUS EXPEDIT ED R EMOVALS: IMMIGRATION JUDGE R EVIEW AND R EQU ESTS FOR R ECONSID ER ATION OF NEGAT IVE CR EDIBLE F EAR DET ERMIN ATIONS”, Was hington Law Revi ew, Vol. 93:459, 2018, https://digital .law.was hington.edu/dspac e-law/bits tream/handl e/1773.1/1779/93WLR0459.pdf?seq uenc e=1&isAll owed= y, accessed 6/27/18, GD I-JG)
, immigration officials may fail to furnish adequate interpretation services during
Additionall y
the credible fear interview, contrary to the regulations.
Speakers of “rare” or indigenous languages face especially high barriers
credible fear interviews have
quite literally “resemble[d] a game of telephone”:
asylum seekers have no right to publicly funded legal counsel at any stage in the
asylum application process.174 Asylum seekers are subjected to mandatory
detention
, severely impeding their ability to access representation.
ICE and private prison personnel have repeatedly
encumbered legal representatives’ ability to consult with detained asylum
seekers.
.
165 Interpr etation is typic ally pr ovided through telephone or vi deo.166 The flaws of remote i nterpretation are well documented: tec hnologic al glitches i mpede c ommunic ation and lead to erroneous inter pr etati on; tel ephonic i nterpr eters are l ess li kel y to gain the trus t of the non-English-s peaki ng party; and inter preters cannot s ee when a s peaker is c onfused
or sc ared.167
to effecti ve c ommunication with as yl um offic ers.168 A DH S Advi sor y Committee r ecentl y
concluded that indigenous as yl um s eekers’ c as es “ are probabl y not rec ei ving fair proc essi ng” bec aus e DH S “s ystematic all y fails to pr ovide appr opri ate language acc ess” for suc h i ndi viduals .169 In one ill ustrati ve c ase, a Guatemal an woman detained i n T exas was i nter vi ewed i n Spanis h, rather than her nati ve i ndig enous language.170 “Her cr edi ble fear i nter view notes demonstr ated that the as ylum officer understood a particul ar event took pl ac e on ten occ asi ons; but the woman maintai ns s he was referring to ten perpetr ators. Befor e s he c oul d s ec ure l egal c ouns el, she was r emoved.”171 In oth er cases invol vi ng speakers of indigenous or r are l ang uag es,
the as ylum seeker c ommunic ates telephonic all y with a s peaker of the rar e l ang uag e, who then c ommunic ates tel ephonic all y with a Spanish inter preter, who in turn conveys tel ephonic all y the infor mation to the as yl um offi cer.172C ompounding thes e pro blems , as ylum seekers r arel y enjoy the benefit of l egal c ouns el befor e or during cr edi ble fear screeni ngs.173 Li ke all noncitizens i n r emoval proc eedi ngs,
between secondar y i ns pec tion and the cr edibl e fear inter view
175 Barriers to repres entation are ac ute i n the famil y detenti on c ontext. As Profes sor Ingrid Eagly, Steven Shafer, and Jana
Whalley s how in their forthc omi ng study on family detention, “[a]ll fi ve famil y detenti on c enters us ed fr om 2001 to 2016 wer e l ocated i n s mall or rural cities, with populations of onl y a few thousand” and li mited soci al and l egal s er vic es.176 Vali ant pro bono efforts , s uc h as the Artesia Project, the C AR A Pr o Bono Project, and A LD EA, have expanded as ylum-s eeking families’ ac ces s to l egal advi ce in detenti on.177 But
178 And even in detention c enters with pro bono s er vic es, some as yl um s eekers enter their cr edi ble fear i nter views without having met with an attor ney or attended l eg al pres entations on the as ylum pr ocess
179 Abse
f. AND EXTEND DART 18, THESE JUDGES ARE HIRED BY
SESSIONS THEY WON’T ACTUALY TAKE ASYLEES
SERIOUSLY
2.
ON CASE – TURN
a. Survivors of IPV are extremely likely to be revictimized over
and over again
BURNS 2018
Burns, Kell y. “R evicti miz ation In Interpersonal Vi olenc e Sur vi vors.” BetterHelp, 10 Oc t. 2018, www.better hel p.c om/advice/abuse/revic timiz ati on-i n-interpers onal- viol enc e-s ur vi vors/ .
Revictimization exists as the rule rather than the exception in
IPV survivors, with 66% of individuals who experience sexual assault experience
physical, sexual, or psychological abuse in the future
To say that this is not in dire need of national attention would be inexcusable.
Abuse alters victims' decision-making processes,
clouding the judgments they make about trusting others.
The more bad things happen to you, the more likely you are to have [other]
bad things happen to you,"
, anxi ety, paranoia, and guilt- prec ursors to devel opi ng PT SD (N ational Center for PTSD). Another detrimental res ult of IPV is revic ti mization when previ ousl y tr aumatiz ed indi vi duals are exposed to additional trau ma or abuse later i n life.
(Kujipers, van der Knaap, & Winkel, 2012). One for m of IPV, sexual ass ault, affects one i n four coll ege-ag ed women. T he Department of Jus tice reports that ever y 98 sec onds , s omeone in America is s exuall y ass aul ted, wi th 69% being under the ag e of 34, and wi thi n that, 15% ar e minors ( R AINN). Of women who experi enc e IPV, 55-92% develop PTSD and ar e
at ris k for revicti miz ati on
(N athans onet al. 2012).
The Patt ern of R evictimization Bl aming s ur vi vors of IPV by s aying they should have known better or that the viol ence was their fault puts them at greater ris k for developing a mental ill nes s (PT SD or depres sion) and a higher ris k of bei ng revic timiz ed c ompared to any other type of trauma (N athans on et al. 2012).
The N eur ocircuitr y of Trauma and PTSD Study, conduc ted by Dr . J os h Cisler at the U ni versi ty of Wisc onsin - Madis on, has shown that women exposed to trauma, when c ompar ed to women who have not experienc ed IPV trauma, rate threateni ng situations as l ess dang erous and are mor e li kel y to c ontinue
progressi ng through thr eateni ng scenarios that build from safe to s exual ass ault. "
Cisler s aid i n an inter vi ew for T he Daily Car dinal, a U W-Madis on student newspaper. "So, if we c an stop that c ycle of viol ence, or victi mization, then we c an decr eas e that ris k." U nf ortunatel y, vi cti m blami ng onl y makes r evicti miz ation more li kel y. By per petuati ng the beliefs that the victi ms ar e at fault, sur vi vors are mor e li kel y to devel op the s ymptoms of PTSD and depressi on that c an lead to r evicti miz ation. "Avoidi ng victi m- blami ng is reall y i mportant s o women who have been victi miz ed by s exual ass ault do not i nternalize [the blame]," says Kar yn Es bens en, the R esearch Specialist under Dr. Cisler (T he Daily Car dinal). Victi m blami ng perpetuates stig mas s urrounding s exual assault and IPV,
leads to alterations i n the s ur vi vors' thoug hts about thems el ves and behavi ors with others, and increases the ris k of r evicti miz ati on (Kennedy & Proc k, 2016).
b. This becomes even more likely when you consider the high
rates of IPV in the US
National Domestic Violence Hotline 18
(National D omestic Viol ence Hotline, “Get the Fac ts & Figur es,” http://www.thehotline.org/res ourc es/s tatistics /) // AF
Nearly 3 in 10 women (29%) and 1 in 10 men (10%) in the US have
experienced rape, physical violence and/or stalking by a partner
Nearly, 15%
of women (14.8%) and 4% of men have been injured as a result of IPV that
included rape, physical violence and/or stalking by an intimate partner in their lifetime.[iii]
1 in 4 women (24.3%) and 1 in 7 men (
On averag e, 24 peopl e per mi nute ar e vic tims of r ape, physic al vi olenc e or stal king by an intimate partner i n the Uni ted States — mor e than 12 million women and men over the course of a year .[i]
and r eport a r elated i mpact on their< functi oni ng.[ii]
1.
Reform CP
a. Status quo Asylum courts fail – CP is key to solvency
Savage 18
(D avid G., Politic al C orres pondent for the Supr eme court sinc e 1986, “Immigration c ourts are deepl y s plit on who can cl ai m asyl um over viol ence i n home countries”, Published May 6, 2018, Acc ess ed 7/12/18, Online, LA Ti mes)//SMSU SVA
an immigration system that is deeply divided on whether they can qualify for asylum if they
are fleeing domestic violence or street crime, rather than persecution from the government. The law
in this area remains unclear, and the outcome of an asylum claim depends to a remarkable degree
on the immigration judge who decides it.
Lawyers say they are troubled by a legal
system in which decisions turns so much on the views of individual judges. Among the 34
immigration judges in Los Angeles, two judges granted fewer than 3% of the hundreds of asylum
claims that came before them in the past five years, while another judge granted 71% of them. The
disparity is even greater in San Francisco, where the judge's rate of granting asylum claims ranged
from 3% to 91%. Overall, asylum seekers would do much better in San Francisco, where 32% were
denied between 2012 and 2017, compared to a 68% denial rate in Los Angeles during the same
period, according to TRAC data from Syracuse University. This is not news to immigration lawyers. A decade
ago, several law professors published a study called "Refugee Roulette" that revealed how asylum
cases depend heavily on the views of individual judges. "The level of variation was shocking. And it
hasn't changed," said Georgetown University Professor Philip Schrag.
Central Americ ans who travel nor th to pl ead for entr y at the U.S. bor der are taking their c hanc es on
And sitti ng atop the i mmigrati on court s ystem is Atty Gen. Jeff Sessions, a long -time advocate of muc h stricter limi ts on immigration who rec entl y has taken an i nterest in revi ewing as yl um c ases.
Judge As hley T abaddor fr om Los Angel es, president of the N ati onal Ass n. of Immigration J udg es, disc ounts the statis tics. " They're not r eliable," she sai d, si nc e j udges may have ver y differ ent c ase loads. Some j udges hear cl ai ms from people who have been detained for crimes , while others heard mostl y clai ms from
juveniles , s he s aid. " We ar e human. Differ ent peopl e c an have different views about the s ame set of fac ts," she s ai d. Sever al Los Angeles lawyers who have wo n or los t as yl um c ases in rec ent months s aid the i denti ty of the j udg es played an important rol e. "It's astoundi ng how much vari ati on ther e is fr om j udg e to j udg e. T he s ys tem is in need of repair. It's an embarrass ment," sai d J os eph D . Lee, a partner at M u nger, T olles & Ols on. H e repr esented an El Sal vador mother who fled north wi th her three c hildr en after gang members shot and killed her husband's br other in front of her famil y and then threatened to do the same to her famil y. "T he C entral Americ an c ases c an be diffic ult to win. Some judges ar e pretty hostile to gang -related cl ai ms," he s aid. His cli ent's clai m was deni ed, and he pla ns to appeal. " Your c hanc e of winning an as yl um clai m s houl dn't tur n on the luc k of the draw on which judge you get. But that is exac tl y how it wor ks," he s aid. It may s oon become muc h har der to win suc h cl ai ms.
Under an unusual feature of the law, the attorney general, who is the nation's top law enforcement
officer, also oversees the immigration courts. He can overrule their decisions and announce new
rules that are binding on them.
. But lawyers
and judges have struggled to decide what counts as "membership in a particular social group."
In Marc h, Sessions announc ed he would revi ew the questi on of whether wome n fleeing domestic viol ence or other "pri vate cri minal acti vity" c an rel y on this to wi n as yl um. Last fall, Sessi ons s poke to a meeti ng of i mmigrati on judges and compl ained America's "generous as yl um" s ys tem has become " overloaded with fake cl ai ms. … T he credibl e fear pr oc ess was i ntended to be a lifeli ne for persons facing s erious persec uti on. But it has bec ome an eas y tic ket to illegal entr y into the United States," he s aid. In the pas t week, the Americ an Bar Assn., faith- bas ed groups and a c oaliti on of i mmigration l aw profes sors submitted "friend of the c ourt" briefs to Sessi ons urging hi m not to r everse years of pr ecedent invol vi ng women fl eei ng
abus e and terror. But veter an i mmigration j udges are not opti mistic. "[Sessi ons] j ust wants mor e people to be r emoved," s aid Paul W. Sc hmidt, a retired i mmigration j udg e fr om Virginia and an outspoken critic of the attor ney gener al. "H e will make it a l ot har der for Centr al Ameri cans to get as yl um." T he dis pute begins with the words of the as yl um l aw. In the Refugee Act of 1980, C ongr ess adopted the United N ations standard and sai d people may seek as yl um if they ar e " unable or unwilling to return" to their home countr y " becaus e of persec uti on or a well-founded fear of persecuti on on acc ount of r ace, r eligion, nati onality, membershi p in a partic ular s oci al group, or politic al opini on." U nder the l aw, as yl um s eekers are tr eated differentl y than, for exampl e, refugees from a war-tor n nation or i mmigrants s eeki ng wor k. F our of those ter ms i n the as ylum law ar e cl ear eno ugh: rac e, religion, nationality and politic al opi nion
Courts have agreed that gays and les bi ans c an count as a
social group, sinc e they have s uffered pers ec uti on in many s oci eties. Some j udg es have als o s aid women and girls fl eei ng sexual abus e and vi olenc e c an s eek as ylum bec aus e their s ociety vi ews women as the pr operty of men — and with no hope for pr otecti on from their gover nment. But the question becomes harder when c onsidering the gang viol ence that has spr ead thr oug h s ome Centr al American countries . F or example, peopl e who testifi ed ag ains t vi olent g angs or r esisted them in other ways have s ought as yl um on the grounds they are members of partic ularl y endang ered s ocial group. "Thes e c as es are challenging," s aid Nar eeneh Sohbati an, a Los Angeles lawyer at Winston & Stra wn who s uper vises as ylum clai ms . " We tal k a lot about this. If they ar e targeted becaus e of a gang, it c an be diffic ult to sh ow i t was c aus ed by their members hip i n a par ticul ar s ocial group." J enna Gilbert, managing attor ney for H uman Rights First i n Los Ang eles, s aid i t is cl ear the as yl um l aw does not protec t people fleeing "g eneraliz ed viol ence." A clai m " needs
China had the largest number of asylum seekers in the U.S. immigration courts,
and only 20% of their claims were denied. Ethiopians did even better, with only 17% denied. By
contrast, the highest denial rates arose from claims brought by natives of Jamaica (91%), the
Philippines (90%), Mexico (88%), El Salvador (79%), Honduras (78%) and Guatemala (75%).
to be ti ed to the one of the protec ted c ategori es," s he s aid. "T he cases ar e ver y fac t-dependent." But the odds of winning as yl um are not good for C entral Americ ans. In the past fi ve years,
b. Without separating immigration courts from trump’s
administration, the aff can’t solve for asylees
Boyarksy 17 (Bill, a political correspondent for Truthdig. He is a former lecturer in journalism at the
Annenberg School for Communication of the University of Southern California, “Game of 'Refugee
Roulette' in Immigration Courts” October 13, 2017. Truthdig, Online)//RB
“Refugee
Roulette” is the name of the game, and it’s a sure loser for most of the increasing number of
unauthorized immigrants being arrested and hauled into court by the Trump administration. They face
judges whose decisions amount to a denial of equal justice. Chance determines which judge an
immigrant will face. It could be one who consigns 90 percent of her or his cases to deportation. Or it
could be a judge more inclined to permit the immigrant to remain in the United States. One point is certain:
The system ensures that while Donald Trump is in office, his anti-immigrant policy will affect more and
more asylum seekers. Employees in the Department of Justice, headed by Attorney General Jeff
Sessions, are leading the administration’s assault on immigrants. As Trump, through Sessions, appoints
more of these judges, his anti-immigrant hold on policy will tighten. If you want to understand how Trump
immigration policy is shaped, you must dig into the bureaucracy and pay less attention to meaningless political speeches and the babbling on
cable news. The way these judges administer justice was described in a 2007 study, “Refugee Roulette: Disparities in Asylum Adjudication.” The
authors were Jaya Ramji-Nogales of Temple University and Andrew Schoenholtz and Philip G. Schrag of the Georgetown University Law Center.
Their work, published in the Stanford Law Review, remains one of the best studies of this little-noticed facet of the immigration controversy.
The authors quote former U.S. Attorney General and later Supreme Court Justice Robert Jackson (1892-1954) as saying: “It
is obviously
repugnant to one’s sense of justice that the judgment meted out … should depend in large part on a
purely fortuitous circumstance; namely the personality of the particular judge before whom the case
happens to come for disposition.” The Stanford study goes on to say, “Yet in (immigration) asylum cases, which
can spell the difference between life and death, the outcome apparently depends in large measure on
which government official decides the claim. In many cases, the most important moment in an asylum
case is the instant in which a clerk randomly assigns an application to a particular asylum officer or
immigration judge.” A total of 272,581 immigrants will be picked up and issued deportation orders this
year, according to the estimate of the Transactional Records Access Clearinghouse (TRAC) at Syracuse University, a nonpartisan compiler of
immigration statistics. There are about 11 million immigrants in the United States without documents
authorizing them to stay. The yearly arrests will increase in the future. Part of the increase will come
from President Trump’s plan to hire 10,000 more immigration cops. Arrests also will increase if Trump
phases out the Deferred Action for Childhood Arrivals (DACA) program, which now protects almost
800,000 young people—the Dreamers—from deportation. The Dreamers may well be headed for arrest.
In addition, the administration’s Immigration and Customs Enforcement operation is stepping up arrests
of immigrants who don’t present the documents needed for residence in the country. Many of them will be
arrested in sweeps through courthouses, workplaces, bus and train stations, and places where immigrant day workers gather, waiting for jobs.
After arrest, they go to one of the 58 immigration courts around the country, where they join a backlog
of more than 632,000 cases awaiting decisions by immigration judges, according to TRAC. Immigrants
can wait more than 680 days for disposition of their cases. Those able to make bail can wait in limbo at
home. The rest will wait in detention centers, which are prisons usually run for the government by
profit-making companies. A few weeks ago, I visited the Los Angeles courtroom of Judge Tara Naselow-Nahas. I occasionally visit the
immigration courts as part of my effort to report on the fate of immigrants under the Trump administration. It gives me a revealing look inside
the immigration bureaucracy. A Metro commuter train takes me to a downtown Los Angeles station. A few blocks away, located in an older
high-rise, are the immigration courts. There,
every day, immigrants seeking sanctuary await the decision of judges
that could mean life in the United States or deportation, often back to a native country where gangs or
hostile or corrupt police may await them.
c. Should requires immediacy – The CP establishes the plan
following reforming the Immigration court system
Summers 94 (Justice – Oklahoma Supreme Court, “Kelsey v. Dollarsaver Food Warehouse of Durant”,
1994 OK 123, 11-8,
http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=20287#marker3fn13)
The legal question to be resolved by the court is whether the word "should"13 in the May 18 order connotes futurity or may be deemed a
ruling in praesenti.14 The answer to this query is not to be divined from rules of grammar;15 it must be governed by the age-old practice
culture of legal professionals and its immemorial language usage. To determine if the omission (from the critical May 18 entry) of the turgid
phrase, "and the same hereby is", (1) makes it an in futuro ruling - i.e., an expression of what the judge will or would do at a later stage - or (2)
constitutes an in in praesenti resolution of a disputed law issue, the trial judge's intent must be garnered from the four corners of the entire
record.16 13 "Should" not only is used as a "present indicative" synonymous with ought but also is the past tense of "shall" with various shades
of meaning not always easy to analyze. See 57 C.J. Shall § 9, Judgments § 121 (1932). O. JESPERSEN, GROWTH AND STRUCTURE OF THE
ENGLISH LANGUAGE (1984); St. Louis & S.F.R. Co. v. Brown, 45 Okl. 143, 144 P. 1075, 1080-81 (1914). For a more detailed explanation, see the
Partridge quotation infra note 15. Certain
contexts mandate a construction of the term "should" as more than merely
indicating preference or desirability. Brown, supra at 1080-81 (jury instructions stating that jurors "should" reduce the amount of
damages in proportion to the amount of contributory negligence of the plaintiff was held to imply an obligation and to be more than advisory);
Carrigan v. California Horse Racing Board, 60 Wash. App. 79, 802 P.2d 813 (1990) (one of the Rules of Appellate Procedure requiring that a party
"should devote a section of the brief to the request for the fee or expenses" was interpreted to mean that a party is under an obligation to
include the requested segment); State v. Rack, 318 S.W.2d 211, 215 (Mo. 1958) ("should"
would mean the same as "shall" or
"must" when used in an instruction to the jury which tells the triers they "should disregard false testimony"). 14 In praesenti means literally
"at the present time." BLACK'S LAW DICTIONARY 792 (6th Ed. 1990). In legal parlance the phrase denotes that which in law is
presently or immediately effective, as opposed to something that will or would become effective in the future
[in futurol]. See Van Wyck v. Knevals, 106 U.S. 360, 365, 1 S.Ct. 336, 337, 27 L.Ed. 201 (1882).
d. Resolved requires Determination – The plan only happens
if the reforms to immigration courts is accomplished
Oxford ‘17, Accessed June 24, website produced by the Oxford University Press publishing house, a department of the University of
Oxford, https://en.oxforddictionaries.com/definition/us/resolved IEB
resolved ADJECTIVE predicative , with infinitive Firmly determined to do something.
e. Increase – It is also certain
HEFC 4 (Higher Education Funding Council for England, “Joint Committee on the Draft Charities
Bill Written Evidence”,
June,http://www.publications.parliament.uk/pa/jt200304/jtselect/jtchar/167/167we98.htm)
9.1 The Draft Bill creates an obligation on the principal regulator to do all that it "reasonably can to meet the compliance objective in relation
to the charity".[45] The Draft Bill defines the compliance objective as "to increase compliance by the charity trustees with their legal obligations
in exercising control and management of the administration of the charity".[46] 9.2 Although the
word "increase" is used in relation to
the functions of a number of statutory bodies,[47] such examples demonstrate that "increase" is used in relation to considerations
to be taken into account in the exercise of a function, rather than an objective in itself. 9.3 HEFCE is concerned
that an obligation on principal regulators to "increase" compliance per se is unworkable, in so far as it does not
adequately define the limits or nature of the statutory duty. Indeed, the obligation could be considered to be ever-increasing.
2.
MORE K LINKS
a. Capitalism’s control over global flows and exchanges
deteriorate the borders of the nation-state. Sovereignty
flows from nation-states to corporations, creating a
corporate neo-imperialism, allowing corporate culture to
drive our political, cultural, and economic lives.
Negri and Hardt, 2
-Mic hael H ardt i s an Americ an liter ar y theorist and politic al philosopher. Har dt is best known for his book Empire, whic h was c o- written with Antonio N egri. Antonio "Toni" N egri is an Itali an Mar xis t s ociol ogist and political philos opher, best known for his co- authors hip of Empire. (“Empir e” 336-339) //e-toth
The primary factors of
production and exchange— money, technology, people, and goods—move with
increasing ease across national boundaries; hence the nation-state has less and
less power to regulate these flows and impose its authority over the economy.
Many argue that the gl obalization of capitalist production and exchang e means that ec onomic relations have bec ome mor e autonomous from politic al c ontrols , and c ons equentl y that politic al s overeignty has decli ned. Some cel ebr ate this new era as the li ber ati on of the capitalist economy fr om the restricti ons and dis tor tions that political forc es have i mpos ed on it; others lament it as the closi ng of the ins titutional c hannels thr oug h which wor kers and citizens can i nfl uenc e or contes t the c old l ogic of c api talist pr of i t. It is certai nl y tr ue that, i n step with the processes of globalizati on, the s overeignty of nation-states, whil e still eff ec ti ve, has pr ogressi vel y decli ned.
Even the mos t domi nant nati on-states
shoul d no l onger be thought of as s upr eme and s overeign authoriti es, either outsi de or even within their own borders. The decline i n s over eignty of nation-states, however, does not mean that s overeignty as s uc h has decli ned.1 T hroughout the c ontemporar y transfor mati ons, political c ontrols , state functi ons, and regul ator y mechanis ms have conti nued to r ule the r eal m of ec onomic and s ocial pr oducti on and exc hange. Our basic hypothesis is
that
sovereignty has taken a new form, composed
of a series of national and supranational organisms united under a single logic
of rule. This new global form of sovereignty is what we call Empire.
The declini ng s overeignty of nation-states and their increasing i nability to regul ate economic and c ultural exc hang es is i n fac t one of the pri mar y s ymptoms of the c oming of
Empire. T he s over eignty of the nati on-state was the c ornerstone of the i mperi alisms that Eur opean powers cons tructed throughout the modern er a. By ‘‘ Empir e,’’ however, we understand s omethi ng al together different from ‘‘imperi alism.’’ The boundaries defined b y the moder n s ys tem of nati on-states were funda mental to Eur opea n col onialis m and e conomic e xpa nsion: the territorial boundaries of the nation delimited the center of power from whi ch rule wa s exerte d over external foreign territories thr ough a sy stem of c hannel s and barriers that alternately facilitated and obstructe d the flow s of production and circulati on. I mperialis m was really an exte nsion of the sovereignty of the European nation -states beyond their ow n boundaries. Eventually nearly all the world’ s territories could be parcele d out and the entire worl d ma p could be coded in E uropea n colors: re d for British territory, blue for French, green for Port uguese, a nd s o fort h. Wherever modern s overeignty took root, it constructed a Leviatha n that overarche d its social domain and impose d hierarchical territorial boundarie s, bot h to poli ce the purity of
its own identity and to e xcl ude all that was other. T he pas sage to Empire emerges fr om the twilight of modern sovereignty. In contrast to i mperialis m,
Empire establishes no territorial center of power and does not rely on fixed
boundaries or barriers. It is a decentered and deterritorializing apparatus of rule that
progressively incorporates the entire global realm within its open, expanding frontiers.
through modulating networks of com mand. The distinct national c olors of the i mperialist ma p of the world have merged a nd ble nde d in the imperial global rainbow. The transformation of the m odern i mperialist geogra phy of the globe a nd the realization of the world market signal a passage withi n the capitalist mode of pro ducti on. Most signifi cant, the s patial divisions of the thr ee Worl ds (First, Second, and T hird) have been scra mbled so that w e continually fi nd the First W orld in the T hird, the Thir d in the First, and the Se cond almost now here at all. Capital see ms to be fa ced with a s moot h world —or really, a world defined by new a nd comple x regimes of di fferentiation and homogenization, deterritorialization a nd reterri torialization. T he construction of the paths and limits of these new global flows ha s bee n accompanie d by a transformation of the domina nt productive pr oce sses the ms elves, with the result that the role of industrial fact ory labor has been red uced and priority given instead to communi cative, cooperative, and a ffe ctive labor
Empire manages hy brid ide ntities, fle xible hierar chies, a nd plural e xchange s
. In the
post modernization of the global economy, the creation of wealth tends ever more toward
what we will call biopolitical production, the production of social life itself, in which the
economic, the political, and the cultural increasingly overlap and invest one another .
b. Lifting restrictions are a capitalist Trojan horse – you think
you’re radical, but actually it’s what the oppressors want –
can’t guarantee rights for noncitizens
Goldin et al 12
...
Cons equences in the neo-col oni al world
(Ian Goldi n is direc tor of the Oxfor d Mar tin Sc hool, U ni versity of Oxfor d, and pr ofessori al fellow at Balliol C olleg e, Oxford. H e has ser ved as vic e presi dent of the Worl d Bank and advis or to Presi dent Nels on Mandel a, and chi ef exec uti ve of the D evelopment Bank of Southern Afric a. His many books include Gl obalization for D evelopment. Geoffr e y Camer on is a res earch as soci ate at the Oxford Marti n School, U ni versity of Oxford. H e is c urrentl y principal researcher with the Bahá'í Community of Canada. M eera Bal araj an hol ds a PhD from the U ni versity of Cambridge and works for a research organiz atio n i n the U nited Ki ngdom. She has als o wor ked for the U nited Nati ons, a U K g over nment department, and a grassroots NGO i n Indi a. “C apitalis m, globalis ati on and migration” http://www.s oci alis mtoday.org/160/migrati on.html //TU-SG)
The Freer Movement of labour is one aspect of globalisation. It is the freedom
of capitalism to increase exploitation through a race to the bottom ,
maxi misi ng pr ofits by hol ding down wages . Other c ampaigners for freer labour are mor e honest – and crude – about this than the authors of Excepti onal People. The Ec onomist, for exampl e,
For migrant
workers it is a very limited freedom to be able to travel the globe if that is the only
way to feed your family. What
evang elises for op en bo rders
.
, bluntl y arguing that incr eas ed i mmigrati on means lower wages. In 2002, its s ur vey on migrati on stated: "T he gap between labour’s r ewar ds i n the poor and the ric h c ountri es, e ven for s omethi ng as menial as clearing tables , dwarfs the gap between the pric es of traded g oods from different parts of the worl d. T he potenti al gains [profits] from liberalising migrati on ther efore dwarf thos e fr om removi ng barriers to world trade". N o c apitalis t government has i mpl emented c ompl etel y open bor ders , which would be too politic all y des tabilising for them to c onte mpl ate. H owever , while s evere repressi on of as ylum s eekers and undoc umented migrants fr om Africa, Asia, and Latin America r emai ns the norm in ever y advanc ed capitalist c ountr y, many have als o c onsciousl y l oosened border c ontrols, in mos t c ases c overtl y
kind of freedom is it to hand your famil y’s s avi ngs to peopl e s mugglers and then, if you are luc ky, after an often dangerous j ourney, end up wor king without papers for les s than the mi ni mum wage? T he authors of Exc epti onal People ac cept that migration is not a painl ess proces s. T hey li ken it to the ec onomist Jos eph Sc humpeter’s des cripti on of c apitalis m’s ‘cr eati ve destr ucti on’. But any probl ems, they ass ert, ar e l argel y s hort- ter m or s ec ondar y, with the l ong-term cons equenc es over whelmi ngl y positi ve for migrants , and for the c ountries they move to and leave. H owever, the statistic s in the book
migrants’ c ountries of origin is repeatedl y under mi ned.
do mor e to p rove th e ‘destru ction’ th an th e ‘cr eation’
. T he argument that i ncreas ed migration benefits
The exodus leaves some of the poorest countries completely denuded of
skilled workers : "
More than 70% of uni versity graduates from Guyana and J amaic a move to devel oped c ountries, and other c ountries have si mil arly high perc entages of graduates leaving". Mal awi, a par ti cul arly horrendous exampl e, "l ost mor e than half its nursi ng staff to emigration over a rec ent peri od of jus t four years, leaving onl y 336 nurses to s er ve a popul ation of 12 million. Meanwhile vacanc y rates stand at 85% for surgeons and 92% for paediatr icians". N or c an the authors argue that ‘remittances’ (money s ent home to famil y and friends) develop the ec onomies of migrant wor kers’ countries of origin. R emi ttanc es have grown dramatic ally "from about $31.1 billion in 1990, they ar e esti mated to have r eac hed $316 billion by 2009". While they can have a maj or effect on the li ves of i ndi vi duals and communities , Exc eptional Peo ple c onc edes that "ther e
c. ANY risk of the link is a reason not to perm. If their plan is
effective then it means that they contribute to global
capitalism, which in the end props up hetero-patriarchy and
the reasons people flee in the first place. Our Zapatista Alt
is MUCH better
d. In fact, we are a part of Zapatismo—it’s a universal
movement —it’s time to embrace a new politics.
Nail 12
(Thomas, postdoc tor al lecturer i n the Philosophy D epartment at the U ni versity of D enver, “Returni ng to R evoluti on” , ed. Clair e Col ebrook et al., p 139)-jn
As a body politic, Z apatis mo invents a new c onditi on for social order and i nclusi on. Li ke the phenomena of the r evol uti on of 1789, the Paris C ommune and the r evol uti on of 1917, Z apatis mo is a sing ular event in the sens e that it is irreducibl e to historicall y necessar y caus al c hai ns. In 1994, i n M exico, Z apatis mo held no resemblanc e to any recognis able legal or l egitimate politi cal thi ng within the pres ent ‘s tate of affairs’, that is , no political repres entation ( party) , mar ket repres entation, linguis tic repres entation ( their languages ar e not s poken or rec ognis ed by political repres entati ves) or r epr es en tati on by the local i ndigenous l eaders (caciq ues). Ther e was no caus al nec essi ty that Z apatis mo should have exi sted, no way i t c oul d have been deduc ed from the domai ns of ‘rights’, ‘c ommoditi es’ or ‘class s truggle’ fr om which it emerged.
.
arrang ement anyway The singul ar event of Z apatis mo is thus not conditioned on req ues ts for r epr es entati on li ke ‘rights’, the overthr ow of the state, a new mar ket ec onomy or a new ethnic nationalis m, but i nstead takes on its own self-r efer ence or autonomy from withi n the situation. But the c onditi on of the Zapatistas’ body politic is als o uni vers al in the sens e that i t is both incl usi ve and i nfini te in i ts c onseq uenc es.
From the repres entati onal poi nt of view of Mexi can politi cs, the marginalis ed and unr epr es ented Z apatis tas of C hiapas have no ‘legiti mate’ exis tenc e and yet they c oexi st i mmanentl y and heterogeneousl y withi n the politic al
‘To be Zapatista’ does not mean that you must be
represented by the EZLN or that you must be indigenous, or even from Mexico. But
Zapatismo cannot mean anything one wants. Zapatismo means participating in a struggle against
neoliberalism and for direct self-management wherever one is and to whatever
degree one is capable of. Without a prior or immutable condition for exclusion, the Zapatistas have made it clear that anyone can
become a Zapatista to the degree that they share their struggle. 26 Many around the
world have subsequently taken up this universal event where they are (Europe, Asia, North America and so on).
So rather than simply affirming their difference and unrepresentability, the
Zapatistas have created a singular- absolute event/intervention and given it a
specific consistency of its own
, heter ogeneous to the r egimes of politic al repres entation. This sing ular-uni versality is practi call y c onstituted through the creation of Enc uentr os (inter national gatherings)27 that ai m to i ncl ude others that will change the natur e of Zapatis mo as a s ocial body eac h ti me they meet (s ee Chatterton 2007) .
e. We should recreate debate as a pedagogical space beyond
the ideological parameters of neoliberalism. This is the only
way to change the world—each and every instance is key
Rodriguez 9
(Arturo, pr ofess or in the C olleg e of Educ ati on at Bois e State Uni versity, “Anti-c apitalist Anal ytical Fusion: Scienc e, Pedagog y and Revol ution”, Journal for Acti vist Science & Technol og y Educ ation, volume 1, number 2, pp. 48- 58)-jn-gender+ disability modi fied
If the above res embles a rant c onsider why a s tring of words that includes politic al and ec onomic critique and the ac tual mar ket func tions of our global society affect the r eader’s vi ew of this paper. T he academy tur ns its nos e at wor k marginall y revi ewed or c onstruc ted as outcr y, pedagog y of indignation (Freir e, 2004) at how peopl e c ontinue to enslave other peopl e while destroyi ng the last us eable res ources on the planet. Organic and ac ademy trained i ntellectuals have gi ven the world their li ves, their blood s weat and fears c hasing the ether, the unifying princi ple, in some fi elds read as tr uth in an effort to s ol ve the worl ds m ys teri es. And how are they r epai d? They are indicted by the F BI, distr acted fr om their wor k by coll eagues who s cream bl oody mur der as they find ways to take s olac e from the ever yday right wing never endi ng barrage. Is it the argument they ar e after when they cry foul ? Or is it the sign, the s ymbol of freedom r epr esented by a life’s wor k in the ac ademy s haring the li vi ng experience with students , c olleagues, all wor kers ali ke
managing the li ving, the breathing and the dyi ng. And what is capitalist s chooli ng at its best mar ked by the ali enati ng pri ncipal: fuc k
[forget] the [one]
guy
& J aramillo, 2009) even the right c an s ee the fl uidity of acc epti ng the c hanging c onditi on of the s ys tem what Lacan r efers to as s ynthome of s oci eties (Lac an, 2006).
that hel ped you graduate that ens ured you made it to the next step
, the next posi tion on the res earc h/c ar eer l adder. Was it tr uth we were after as we began our doctoral s tudy i n the hopes of sheddi ng light on s ome obsc ure fac t? The mati ng pri ncipl es of the mud-was p or s exuality in the human male, ar e thes e blac k holes in the minds eye as rebellion takes the plac e of cultur al logic and cultural truth? So pr ogressi ve educ ators a refl ecti on of the reality that is human des troy the earth and its atmos pher e when their pedag ogy ens ures chil dren l ear n the sci ence nec ess ary to produce i ndus trial c oatings , fertilizer and c yani de without als o ens uring they acquir e the depth of c onsciousness nec ess ar y to make c onnecti ons between wearing a gol d and diamond ring and the use of c yanide and s trip mi ning for their pr oduc tion. Pushi ng further, why is Mar xis m such a wor d of abus e (Mc Lar en
Radical pedagogy aint for the timid, it is a critical revolutionary praxis
marked by the blood of Zapatistas ,
searc h for truth is not about fi ndi ng the sourc e of all energy or a c atal yzi ng pri ncipal. It is the understandi ng that humans and obj ects s har e rel ati ons hi ps, princi ples that adhere to organiz ation al value and metaphysic al c oncepti on and oscillations.
human made
Che Guevara and progressi ve i ntellec tuals organic and ac ademic ali ke
that understand a need for change
.
from grippi ng tight to the c os mic orgone (Reic h, 1973) that does not permi t any competing princi pal or i deol ogy to s eep i n
The
The gangrene of racism, sexism, fascism and homophobia are
(McLaren & Jar amillo, 2009) they are the l egac y of the left and of the right. What can be done about them is mar ked by the wa ys i ntellectuals enact and partici pate in their praxis . A critical refl exi vity that draws the ki te-s tring of princi pal between the mar ket need to produce chemical s for c ons umption li ke Z yklon B and the neces sar y day to day Socratic disc ursi ve practi ces
doing more than s houti ng out to father capital in the clas sroom.
Human and environmental
devastation are the end result of our social relations
(Rodriguez, 2009)
whic h i ncludes the needs and whi ms of mar kets and of the hyper-complex s ystems that ar e s ocieties as they tr ade i n material and human s urpl us value. The l egac y of M ar x and critic al anal ys es are not the mere Utopic visions of a few stal wart yet antiquated intellectuals (McLaren, 2009) they are an entreaty
All symbols of experience return
to the source; that is we humans police ourselves and each other and we free
ourselves and each other. Closing Remarks
War is class war as those
cultural critique positioni ng trade c ons cious ness and s ocial amnesia as the cul prits on the mar ket stage of gl obal c api talist dominati on. Critic al s ocial theor y does not dis-clude what is or what the ag ent knows or has known, li ke the c onglomerate it promulgates all bypr oduc t of human relations bad and good as actors that c ontrib ute to the enslavement of the indi vidual and the devas tati on of the natur al envir onment. Dis semi nation, the s ymbol, the di vision of units and of labor, the s tructure of the phenomenon all bear as a deri vati ve of the human and envi ronmental condi tion of existenc e mar ki ngs of each other.
The global mar ket occ upi es vir tuall y ever y cor ner of the str uggle for humanity
(McLaren & J ar amill o, 2007) c hildren i n cl assr ooms ar e the dir ect inheritors, as they grow to adulthood of the sort of s ocial and natural environment adults acc ept.
who reap the benefits, profit margins, on a global scale are never those with
most at risk ;
the s ol diers doing the killing i n the fi elds benefi t onl y so far as their us e value is jus tified i n c ontrolling the world vi a the whol esal e sl aug hter of, “ enemy combatants.” T hese are c hildren and adul ts i n the s o c alled t errorist states who happen to be in the way of c ementi ng capitalist s oci al rel ati ons — whether c opper , oil, ti mber or human inter ests . F urther mor e the human life s pan is far too s hort for any one human being to have an effect that significantl y i mpacts the worl d mar ket. We ar e far beyond the moment wher e the M olotov coc ktail, the baton or a roc k thrown by its s elf c an c ause the adopti on among the human c hain of a worl dwide posi tion for r evol uti on. Ev en when riots occur , the 1960s, 1980s or 1990s globall y, the mar ket fights indi vidual citiz ens to a s tandstill. H ard to throw a r oc k when you ar e star ving, or when you have to exc avate r ubbl e to r ec over and then bur y
your chil dren. And yet the US has been s ucc ess full y fought to a s tandstill, i n the mar ket by C uba and Venez uel a and at war by Afg hanistan and Ir aq. Why does a militar y that possesses the s ole sur vi vi ng global Air Forc e, Navy and Army c ontinue to make war on people that return fire from horsebac k usi ng mus kets and si ngle s hot World War I er a muniti ons? T he war beg un in 2003 was c onc ei ved over ten years prior; in 2009 the U S is still at war with accor ding to Gi bson, a militar y with no long histor y of defens e no inter nal defens e i ndus tr y of note, no definabl e s uppl y lines, no cl ear c hain of c ommand or centr al leaders hip (2009).
Can i t be there is more to life and war than production or enslavement? T he cl assrooms as McLaren and Jar amillo r elate and as Bencz e and Alsop elaborate, wer e the last tr ul y public domai ns wher e students and teachers c ould engage in a r es pite from the dominant i deolog y (2009, 2009). They could take it upon themsel ves to c onsi der the soci al rel ati ons that exist and their effec t on the environment. Accor ding to
Critical educators in and out
[are] a measure of change as the onslaught of
David Hursc h, “Neo-liber als’ desir e not to i nter vene in mar kets and to foc us on economic growth, pri maril y ter ms of c ons umption, has both signific antl y c o ntributed to the envir onmental pr obl ems that we face and to global war ming.” ( 2009: p5) T he copper c anyons in U tah were not put their by meteors but by mi ning operations. The depl eti on of s almon and s teelhead in the ri vers and s treams of C aliforni a, Oregon and Was hington did not happen as a pr oduct of t he ravages of ti me. H uman constr ucted, petroc hemicals , posi tions on the treatment of the environment as things exis ting s olel y for the purpos e of provi di ng the cor por atocrac y with s urpl us value created all of i t.
of the classroom stand as
neoliberalism continues.
People cause the ravages of time to negatively affect the planet, surplus accumulation whether it is PCB’s in the Hudson,
Yet there is another
more insidious form of surplus accumulation—it is the toll on students in classrooms
ammonium nitrates at the mouths of the world’s major rivers or the debris from surface and subsurface detonations of nuclear material.
across the globe of curricula and pedagogies ensuring students leave classrooms
functionally illiterate. Capable only of reading and acting out the prescribed lives global
capitalists have set. Human agency and enslavement result as people live their lives
careless to the effect their actions have on the natural environment and each other.
Pedagogists in the natural and social sciences do more than share information with their students. They leave a lasting imprint, a seed
for enlightenment, which may contribute to the production of knowledge. But, more
importantly, offer an alternative to the living currently destroying the planet.
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