Performative Politics

Performative Politics

by C. A. Matthews

I’ve heard the term performative politics quite often in recent times. It makes me wonder why this kind of politics has come into vogue.

 

Let’s take a look at the words and define them separately. According to Wikipedia:

Politics...activities that are associated with making decisions in groups, or other forms of power relations among individuals, such as the distribution of resources or status.

Merriam-Webster Online defines performative this way:

1. Relating to or marked by public, often artistic performance

2. Made or done for show (as to bolster one's own image or make a positive impression on others)

Both definitions describe more than a few actions taken recently by neoliberal politicians. Before I describe these incidents, perhaps it’s wise to define what exactly is meant by neoliberal or neoliberalism.

From Britannica.com:

Neoliberalism: an ideology and policy model that emphasizes the value of free market competition. ...It is most commonly associated with laissez-faire economics... Its confidence in free markets as the most-efficient allocation of resources, its emphasis on minimal state intervention in economic and social affairs, and its commitment to the freedom of trade and capital.

Now that we’re on the same page with what is meant by these terms, politics, performative, and neoliberalism, here are three examples of recent performative politics and what I think each of the actors (that is, politicians) is communicating to their obvious and not-so-obvious audiences and why they choose to perform in such as way at this time.

First off, we have the extremely photogenic Congresswoman Alexandria Ocasio-Cortez, or “AOC” as she is known. AOC gave a fiery speech at the recent March to End Fossil Fuels in New York City. Her obvious audience was, of course, the crowd that gathered there or watched her performance online. This crowd included environmental activists and protesters of all the destructive things “Big Oil” has done to our planet with their constant drilling, mining, and burning of fossil fuels. But who was the not-so-obvious audience AOC was reaching out to with her speech? And why did she choose to perform this particular speech at this particular place and time?

To understand, AOC’s motivations we have to do a little research and look back at her history in politics. AOC ran as a “Bernie Sanders Democrat” and was photographed interacting with the youth-led Sunrise Movement environmental organization. She led a very loud protest with these young environmental activists inside Congresswoman Nancy Pelosi’s offices early on in her career, so it makes sense that she would show up at the march where many of them were protesting that day.

But many things have happened since AOC’s time hanging out with the Sunrise Movement in 2018. AOC has been re-elected to Congress a couple times, and she’s made quite a name for herself, not so much as an environmentalist but as a very good Democrat who does as she’s told. She has voted several times for massive Pentagon/Defense Department budgets in spite of the fact the US military is one of the most polluting organizations in the world.

AOC declared earlier this year that she supports President Biden running for office again, although he has done the complete opposite of what an environmentalist would support. Biden has opened up more federal land to oil drilling than any other president, particularly with the Willow Project:

The Biden Administration released its final decision approving three drilling sites for the Willow Master Development Plan, otherwise known as the Willow Project that threatens local communities, wildlife, and the global climate. This is a massive oil drilling development on Alaska’s North Slope, which is a stretch of public land known as the National Petroleum Reserve that borders the Arctic National Wildlife Refuge (ANWR).

This project developed by ConocoPhillips would be the single largest oil extraction point on US public lands, emitting 278 million metric tons of climate pollution over the next 30 years. That’s equivalent to the annual emissions from 74 coal plants — one-third of all remaining U.S. plants. Willow will disproportionately impact the community of Nuiqsut, a predominantly Iñupiaq village of about 500 people already suffering extreme pollution from existing oil projects.--from Biden Administration Breaks Climate Promise and Approves Willow Project

By supporting Biden's actions, it seems AOC doesn't care much about the environment at all.

AOC has never protested the billion of dollars Biden has sent to Ukraine to continue NATO’s proxy war there. She hasn’t really come out against the sale of cluster munitions (cluster bombs) and depleted uranium to Ukraine, either. Cluster bombs maim primarily civilians—children for the most part—and depleted uranium radiation can lead to generations of genetically malformed babies and horrible rates of cancers in persons of all ages.

By supporting these astronomical Defense budgets and the US sale of cluster bombs (munitions that have been outlawed in almost every country in the world) as well as Biden’s Willow Oil Project, AOC's actions tell us that she isn’t particularly concerned with the health and well-being of her fellow human beings or the planet. Her actions in Congress just don’t support her image or “performance” as an environmental activist, now does it?

Who is Congresswoman Ocasio-Cortez’s not-so-obvious audience she was trying to reach with her fiery environmental tirade at the march? I think she was telling the major donors of the Democratic Party—the military-industrial complex, corporations like Raytheon, Lockheed-Martin, Boeing and the rest—that she is more than willing to act as a front to keep the public from looking too closely at what’s really going on behind the scenes in Washington DC. AOC is good at getting positive press by looking pretty on camera and saying what the public expects at the right time and place. What she says has no real depth or substance, since none of her actions back her words up. 

AOC’s example of performative politics shows that she is willing to act as the perfect front in order to take interest away from the true polluters and causers of death and destruction on our planet. She’ll make all those young environmental activists in NYC forget that nothing has really changed since she first marched with them. Magicians would say she’s the “smoke and mirrors” of the establishment, a perfect distraction. And by the size of her growing bank account since joining Congress, she has been well rewarded for her work.

This next example of performative politics is very easy to spot, and it’s easy to figure out who the obvious and not-so-obvious audiences are. The United Auto Workers are on strike. President Joe Biden—who didn’t permit the railroad workers to go on strike for safer working conditions in 2022—said he wanted to be the first sitting president to visit a picket line. So Biden spent about 12 minutes for a photo op at one of the picket lines in Detroit. Looking at the photos of some of the strikers, you can tell what the obvious audience thinks about Biden’s performance. Just look at the expression on the guy’s face standing to the far left in this picture!

Tim Black tells us exactly what Biden’s motivations were for making that oh-so-brief visit in this video clip on Twitter:

Does Joe Biden Really Care About Union Workers? #JoeBiden #CornelWest2024 #UAW pic.twitter.com/4s55qW127k

— RealTimBlack (@RealTimBlack) September 29, 2023

The not-so-obvious audience of the CEOs of the Big Three Automakers know that Joe Biden’s many years of not supporting the workers and always being there to help bail out the corporations at the expense of the public purse isn’t going away anytime soon. They understand Biden's trip to a UAW picket line was just the photo op that it so obviously was. The billionaires hope that it will trick enough workers into thinking they're being heard by Washington to stave off the revolution for a while. But does Biden and his campaign staff realize just how shallow this attempt came across? That remains to be seen.

Our last example of performative politics took place recently north of the border. Compared to the first two examples, it was a complete and unmitigated disaster. Prime Minister Justin Trudeau's government invited a Ukrainian-Canadian veteran to be honored with a standing ovation in the House of Commons… A man who turned out to be a veteran of the 14th division of Hitler’s Waffen-SS (1st Galician) in World War II, a group that was known for its genocide of Poles, Jews, and other ethnic minorities in what eventually became Ukraine after the break up of the Soviet Union. The soldiers of the 1st Galician were responsible for burning 1,000 Polish people alive.  Horrific!

Oops! 

After Canadian Jewish groups demanded an explanation, the prime minster tried to rationalize why his government acted so callously:

Trudeau, meanwhile, pointed to the “deeply embarrassing” event as a reason to “push back against Russian propaganda,” as though the Kremlin somehow smuggled an nonagenarian Nazi collaborator into parliament, then hypnotized the Prime Minister and his colleagues, Manchurian Candidate-style, into celebrating him as a hero. --from Canada's Honoring of Nazi Vet Exposes Ottawa's Longstanding Ukraine Policy

Using your critical thinking skills you’ve sharpened with the first two examples, who are in the obvious audience and the not-so-obvious audience Trudeau hoped to reach with this performance? We can assume that the public wasn't suppose to discover the genocidal history of this particular Ukrainian-Canadian veteran and that this “honor” given by Parliament would promote more Canadian corporations arms sales to Ukraine. Obviously, independent thinkers weren’t fooled and shared the information of the man's identity widely. Whether or not this negative publicity will affect Canadian arms sales to Ukraine remains to be seen.

Trudeau's not-so-obvious audience were the arms manufacturers who want the bloodshed to continue in Ukraine. The CEOS of the Canadian military-industrial complex were probably salivating at the thought of more arms sales. Endless proxy war is great for the NATO war machine, even if it’s not so great for the health and safety of human beings on the whole.

Hopefully you’re getting a handle on what is meant by “performative politics” by studying these recent examples. If you’re still confused why I labeled these three politicians “neoliberals” then go back to the definition for neoliberalism above and re-read the last line: [neoliberalism's]“commitment to the freedom of trade and capital.”

Think about that sentence. There’s a lot of capital to be made in the trading of armaments and munitions. All three of these politicians—AOC, Biden, and Trudeau—are on good terms with the military-industrial complex and are eager to see the trade in arms grow. They may say they support the striking workers, the environment, and veterans, but at the end of the day their actions make more money for the CEOs of the Big Three automakers, Big Oil, and the military-industrial complex.

And remember: actions always speak louder than words. Just ask this guy:

Keep sharpening your critical thinking skills and doing your research into the backgrounds and motivations of everyone who is involved in politics or the “activities that are associated with making decisions in groups, or other forms of power relations among individuals, such as the distribution of resources or status.” 

Why? Because it seems politicians enjoy distributing the world's resources into their own pockets and keeping the status quo exactly the way it is while the world burns. Their fat personal bank accounts apparently help them sleep well at night, too. Stop believing the "performances" of politicians and hold them accountable before it's too late.

 

Related Articles and Interesting Links:

The Climate March, Joe Biden, and AOC's Dubious Endorsement https://scheerpost.com/2023/09/19/the-climate-march-joe-biden-and-aocs-dubious-endorsement

Biden Administration Breaks Climate Promise and Approves Willow Project https://www.commondreams.org/newswire/biden-administration-breaks-climate-promise-and-approves-willow-project 

Clusterf*cked: The Cruelty is the Point https://continuousrev.blogspot.com/2023/07/clusterfcked-cruelty-is-point.html

Nazi SS Veteran Receives Standing Ovation in Canadian Parliament https://peoplesdispatch.org/2023/09/26/nazi-ss-veteran-receives-standing-ovation-in-canadian-parliament/

Canada's Honoring of Nazi Vet Exposes Ottawas Longstanding Ukraine Policy https://scheerpost.com/2023/10/01/canadas-honoring-of-nazi-vet-exposes-ottawas-longstanding-ukraine-policy/

How Joe Biden and The Democratic Party’s Climate Agenda Increases Environmental Racism More Than It Reduces Emissions https://blackagendareport.com/how-joe-biden-and-democratic-partys-climate-agenda-increases-environmental-racism-more-it-reduces

GOOD NEWS: Climate Lawsuits Against Fossil Fuel Industry Starting to Build Major Momentum https://stevendonziger.substack.com/p/good-news-climate-lawsuits-against

Biden’s Picket Line Visit Doesn’t Mean He Is On Our Side
https://www.leftvoice.org/bidens-picket-line-visit-doesnt-mean-he-is-on-our-side/

Canadian parliament’s applause for Nazi war criminal exposes NATO war against Russia  https://www.wsws.org/en/articles/2023/09/28/xalg-s28.html

In Canada, Denialism Grows Over Residential Schools Ahead of Orange Shirt Day  https://truthout.org/articles/in-canada-denialism-grows-over-residential-schools-ahead-of-orange-shirt-day/

Senator Menendez and co-defendants plead not guilty as Democrats seek to contain fallout from bribery scandal
https://www.wsws.org/en/articles/2023/09/28/lwpt-s28.html

William Astore: What Would Real ‘National Defense’ Look Like?
https://scheerpost.com/2023/09/27/william-astore-what-would-real-national-defense-look-like/

People Are Dying For Inches In Ukraine, The "World's Largest Arms Fair"  https://www.caitlinjohnst.one/p/people-are-dying-for-inches-in-ukraine

Caitlin Johnstone: Neocons Love the Ukraine War
https://scheerpost.com/2023/09/28/caitlin-johnstone-neocons-love-the-ukraine-war/

US House Rejects Cluster-Bomb Ban https://consortiumnews.com/2023/09/28/us-lawmakers-reject-cluster-bomb-ban/

Fog Over Nord Stream https://scheerpost.com/2023/09/28/fog-over-nord-stream/

Files Expose Syrian ‘Revolution’ As Western Regime Change Operation https://popularresistance.org/files-expose-syrian-revolution-as-western-regime-change-operation/

Patrick Lawrence: The Undiscovered Country https://scheerpost.com/2023/09/28/patrick-lawrence-the-undiscovered-country/

Suing For a Livable Planet https://scheerpost.com/2023/09/28/suing-for-a-livable-planet/

A Major Win Against Factory Farming In Oregon https://popularresistance.org/a-major-win-against-factory-farming-in-oregon/

Uninvited and Unaccountable: How CBP Policed George Floyd Protests https://theintercept.com/2023/09/21/cbp-george-floyd-protests/

UN Report Urges End to Forced US Prison Labor—a 'Contemporary Form of Slavery' https://www.commondreams.org/news/racism-in-the-criminal-justice-system

Philadelphia Youth React When Charges Are Dropped Against Killer Cop https://popularresistance.org/philadelphia-youth-react-when-charges-are-dropped-against-killer-cop/

Why Our Popular Mass Movements Fail https://chrishedges.substack.com/p/why-our-popular-mass-movements-fail

 

Fourteen Years and Counting

Fourteen Years and Counting

by C. A. Matthews

 

Most of us can remember our “first, real paying job.” For Americans, we were most likely in high school, and a classmate mentioned to us between classes how their boss was looking for more summer workers and that we should apply and make some money. I had been babysitting for our neighbors since I was about twelve years old, but it was very hit and miss work, and there was a lot of competition on our street. This was my chance to enter the “real paying job world” at age sixteen. I road my bicycle a couple of miles from my home to interview and got the gig. I worked a long, hot and stormy summer standing on my feet for eight hour shifts in a soft-serve ice cream walk-up stand along Main Street and made the huge sum of $1.25 per hour for about 32 hours of work per week.

Hard to believe $1.25 an hour was considered "good pay,"but that was the state’s minimum wage for “tipped employees” at that time. All restaurant workers were paid that amount hourly. It didn’t matter that we didn’t get tipped making ice cream cones for folks who walked up to the window. We were still considered “food service workers” and paid that lowly wage. I worked hard that summer and ended up getting a raise—a whole $1.35 per hour.

Wow. I thought I’d had it made.

The next summer, a friend told me about a job working at a warehouse clearance sale for a national franchised dress shop located in our local “mall,” a newfangled place built on the east side of town and not located downtown where a few of the big department stores were still to be found. I was overjoyed when I heard what this job paid—a whole $2.35 an hour! It was the federal minimum wage. It was what older people made working similar jobs, so I really felt like an adult at age seventeen. Even though I spent a lot on clothes with my employee discount of 10% off that summer, I saved a bit of money that I later used to get ready for college.

Almost a half century and many jobs later, the federal minimum wage hasn’t moved upward all that much when adjusted for inflation. For the past fourteen years, the federal minimum wage has been stuck at $7.25. But why? Corporate profits are up practically across the board or so we’re told on the nightly news. CEOs get huge bonus packages. “Bidenomics is working,” neoliberals insist. What’s wrong with us if we’re struggling to get by in the midst of all this “booming economy” we’re told exists in the US today?

Maybe it’s not us who are wrong about the reality of our situations. Consider this:

The federal minimum wage in the United States would be more than $42 an hour today if it rose at the same rate as the average Wall Street bonus over the past four decades, according to an analysis … by the Institute for Policy Studies.

Citing newly released data from the New York State Comptroller, IPS noted that the average Wall Street bonus has increased by 1,165% since 1985, not adjusted for inflation.

Last year, the average cash bonus paid to Wall Street employees was $176,700—75% higher than in 2008 but slightly lower than the 2021 level of $240,400.

The federal minimum wage, meanwhile, has been completely stagnant since 2009, when it was bumped up to $7.25 from $5.15. While many states and localities have approved substantial pay increases in recent years, 20 states have kept their hourly wage floors at the federal minimum.

US Minimum Wage Would Be $42 Today If It Rose as Much as Wall St.Bonuses: Analysis

So, where’s our $42 per hour? I guess it’s in the same place where our $600 went when we were promised $2,000 COVID relief checks when Biden took office, but we only received $1,400, right?

What’s a working stiff in the US to do? We can’t even afford to rent an apartment anywhere in the fifty states working full-time hours (if you can get them) at $7.25 an hour. There have been talks and protests centered around raising the federal minimum wage to $15 an hour, but can anyone even afford to rent a decent place to live on that amount? It’s doubtful. Not even a $25 minimum wage can help a family rent a home in many cities.

American workers do have one powerful option, but it’s rarely been discussed since Reagan took office. We have the ability to strike—if we’re not forbidden to do so by federal law, such as the case with railroad workers or air traffic controllers, that is. But so many Americans have been brainwashed into thinking that a strike will cost them their job and their health insurance, so they simply won’t consider it.

Are Americans cowards? Not necessarily. I’d say we’re realists. We know we have no safety nets like workers in other countries who are blessed with universal health care and universal basic income or "UBI" payments. With no way to provide for our families without our lousy paying jobs, we’d best stay put and put up with the harsh treatment of the bosses.

But are strikes really all that risky for workers? Where did we get this idea that we the working class are essentially powerless and only billionaires can get what they want? Consider this:

The Teamsters Union and UPS have reached a tentative agreement on a new contract to cover the 340,000 Teamsters who work for the package shipping giant.

According to a statement released by the union, the new contract is “the most historic tentative agreement for workers in the history of UPS,” promising wage increases, an end to the two-tier wage system, new air conditioning in vehicles, Martin Luther King Jr. Day as a full company holiday, and more.

In the days and weeks to come, members will debate the pros and cons of the proposal as thousands of UPS Teamsters vote on whether to ratify the contract. But one thing seems undeniable: Any significant gains won by Teamsters against a reluctant employer will have come about because rank-and-file workers showed the company that they were prepared to strike.

UPS Workers Disproved Corporate Media’s Narrative That Strikes AreHarmful

I put that last sentence in italics for emphasis. It bears repeating: Any significant gains won by Teamsters against a reluctant employer will have come about because rank-and-file workers showed the company that they were prepared to strike.

Rank-and-file workers actually have power? Yes, we do! Even the possibility of a strike can motivate a reluctant employer to sit down and discuss the workers’ grievances and demands. And if push comes to shove, the workers walk out and give the employers even more to worry about as the company's profits take a hit and its reputation as being a fair and honest employer is thrown into the dumpster.

Fourteen years of a stagnant federal minimum wage (with no maximum wage for billionaires set) and no universal health coverage for all Americans should be a wake up call even for the sleepiest of workers. Our government doesn’t work for us, the people, but for those who already have more than enough wealth and power and obviously don’t give care one bit about how many workers can’t even afford to rent an apartment or put food on the table for their families. Our government doesn’t care if we or our loved ones get sick, and we have no way to afford medical care other than to beg strangers for donations via GoFundMe.

Face it, America. It’s time to lose the blind loyalty to both your employers and to our government. They don’t have our best interests at heart. And we have the power to make them see things our way—strike! 

Related Articles and Interesting Links:

UPS Workers Disproved Corporate Media’s Narrative That Strikes Are Harmful https://truthout.org/articles/ups-workers-disproved-corporate-medias-narrative-that-strikes-are-harmful/

UPS & Teamsters Reach Tentative Deal, Averting Strike https://scheerpost.com/2023/07/28/ups-teamsters-reach-tentative-deal-averting-strike/

 

“We have to show them we’re not going to retreat, we’re not going to concede”: Southern California warehouse worker speaks out against UPS contract https://www.wsws.org/en/articles/2023/07/28/upsi-j28.html

The UPS Strike Looms As Corporate America Cashes In
https://popularresistance.org/the-ups-strike-looms-as-corporate-america-cashes-in/

Record Wages Should Be Received If Record Profits Are Being Generated https://popularresistance.org/record-wages-should-be-received-if-record-profits-are-being-generated/

US Minimum Wage Would Be $42 Today If It Rose as Much as Wall St. Bonuses: Analysis  https://www.commondreams.org/news/minimum-wage-wall-street-bonuses

‘An Abomination’: Today Marks 14 Years Since the Last Federal Minimum Wage Increase https://scheerpost.com/2023/07/25/an-abomination-today-marks-14-years-since-the-last-federal-minimum-wage-increase/

Michigan Amazon Workers Stage Largest Delivery Station Strike Yet  https://labornotes.org/2023/07/michigan-amazon-workers-stage-largest-delivery-station-strike-yet

Canadian and US autoworkers must fight together in upcoming contract battle https://www.wsws.org/en/articles/2023/07/27/kxes-j27.html

 

Ignoring Warnings of Mass Job Loss, Fed Hikes Rates to Highest Level in Decades https://www.commondreams.org/news/fed-rate-hike-july-2023 

 

Americans With Health Insurance Are Increasingly Putting Off Important Medical Treatments They Can’t Afford
https://capitalandmain.com/americans-with-health-insurance-are-increasingly-putting-off-important-medical-treatments-they-cant-afford

Chris Hedges: The Forgotten Victims of America’s Class War https://scheerpost.com/2023/07/30/chris-hedges-the-forgotten-victims-of-americas-class-war/

The Yellow Corp. bankruptcy: A brutal attack on the working class
https://www.wsws.org/en/articles/2023/07/31/rntl-j31.html

A Vital Atlantic Ocean System Could Collapse Sooner Than Previously Thought
https://scheerpost.com/2023/07/31/a-vital-atlantic-ocean-system-could-collapse-sooner-than-previously-thought/

A video tribute to Daniel Ellsberg
www.caitlinjohnst.one/p/watch-my-video-tribute-to-daniel
 

 

Patrick Lawrence: No, The Truth About Biden Is Not Democratic

https://scheerpost.com/2023/07/27/patrick-lawrence-no-the-truth-about-biden-is-not-democratic/ 

 

The Russiagate psyop was about trying to prevent the rise of BRICS, and it’s failed to do this https://rainershea.substack.com/p/the-russiagate-psyop-was-about-trying

Zelensky: The Selling of a President https://open.substack.com/pub/joebrunoli/p/zelensky-the-selling-of-a-president

Why Capitalism Is Leaving the US in Search of Profit
https://www.counterpunch.org/2023/07/21/why-capitalism-is-leaving-the-us-in-search-of-profit/

The Star-Spangled Kangaroo https://www.caitlinjohnst.one/p/the-star-spangled-kangaroo

Dr Jill Stein & Kshama Sawant Join RBN | Building Power Outside The Democrat and Republican Parties
https://www.youtube.com/live/C4_IAQHrfHU

US post-9/11 wars caused 4.5 million deaths, displaced 38-60 million people, study shows  https://geopoliticaleconomy.com/2023/05/18/us-911-wars-million-deaths-displace/ 

 

Largest School District In Texas Eliminates Libraries https://popularresistance.org/largest-school-district-in-texas-eliminates-libraries/ 

 

Five Myths In The House Anti-Trans Hearing Against Gender Affirming Care https://scheerpost.com/2023/07/30/five-myths-in-the-house-anti-trans-hearing-against-gender-affirming-care/ 

 

RBN's Labor Organizing Summit Part 2 Livestream -- featuring Kshama Sawant. I sat on a panel with other Green Party members and former presidential candidate Dr. Jill Stein. (It starts at approx. 3:02 and the video should start there.) Hear what I and other Greens have to say about the labor situation in the US currently. (The answer to many of our troubles is to "Go West!")

https://www.youtube.com/live/1-4DD-KwXY8

 

Coming soon, the first book from The Revolution Continues blog:  The Little Red Book of Revolution

How can you get your e-copy? The easiest way is to subscribe to The Revolution Continues on Substack as a paying subscriber. Choose what level you'd like to subscribe at via the buttons on any post online at: https://therevolutioncontinues.substack.com

If you'd like to help out in the meantime, buy me a coffee!  https://ko-fi.com/therevolutioncontinues

More details to come. Power to the people! 

The New Title 42

The New Title 42

info gathered by C.A. Matthews

Editor's note: From the "Just when you hoped things would get better for ordinary people" department comes news of what the Biden Administration wants to replace Trump's infamous "Title 42" deportation program with, and yes, it's fairly horrendous. 

In my day job as an immigration advocate, I have to explain what this new "Asylum/Transit Ban" is to a group of college students in a Powerpoint presentation. Here are my notes--along with a call for action. Everyone who reads this should send in a comment by the March 27th deadline and pass the link along. Lives are at stake.

 

The Biden Asylum/Transit Ban (“The New Title 42”)

What is/was Title 42?  

Title 42 is a public health and welfare statute enacted in 1944 which gives the Centers for Disease Control and Prevention the authority to determine whether a communicable disease in a foreign country poses a danger of spreading in the US. If the CDC finds that a disease does pose a threat, it can, with approval from the president, temporarily prohibit people or property from entering the country to avert danger. It was enacted at the beginning of the COVID-19 pandemic in March 2020. Title 42 is set to expire on May 11, 2023, when the Biden administration states it will declare the pandemic officially over within the United States.  

What’s the big controversy over Title 42? 

Title 42 has been used to prevent immigrants from entering the US and claiming asylum, even though all persons entering the country must show proof of COVID-19 vaccination. Throwing up policy roadblocks to prevent people from entering the country and claiming asylum goes against current US asylum law. There have been 2.5 million expulsions under Title 42. A pattern of discrimination against asylum seekers of certain nationalities, ethnicities, races, indigenous peoples, and LGBTQ+ persons has been noted. 

Expelled migrants from the US southern border have been sent to wait in the northern region of Mexico under the January 2019 MPP (Migrant Protection Protocols) or “Remain in Mexico”. Mexico will take only Department of Homeland Security expulsions of nationals of Mexico, Honduras, El Salvador, Guatemala, Nicaragua, Haiti, Cuba, and Venezuela. All others are either sent back to their country of origin or allowed to proceed through a “normal asylum procedure” in the US. 

(Editor's note: Notice that the more melanin in your skin, the more likely your right to claim asylum in the US will be thwarted. And where these folks are being told to wait in northern Mexico is far from safe and pleasant. Read the latest travel advisory from the US Department of State on how very dangerous that part of the world is. Many Mexican states are labeled by the US government as "Do not travel because of crime and kidnapping." This recent story about kidnapped and slain American medical tourists proves it. Photo above: US Customs and Border Patrol agent whipping a Haitian asylum seeker at the southern border last year.)

What is asylum? 

An asylum seeker meets the same legal standard as a refugee. An individual can claim asylum because of past persecution or fear of future persecution because of race, religion, nationality, political opinion, or membership in a particular social group. 

Congress passed the Refugee Act (1980) to bring the US into compliance with its international obligations under the United Nations 1951 Refugee Convention and its 1967 Protocol, which prohibits returning refugees to any country where their lives or freedom would be threatened. 

On a ruling on Title 42, the 9th U.S. Circuit Court of Appeals pointed out that the Refugee Act is very specific about the circumstances under which the government can deny asylum for failure to apply in a transit country. Under the act’s “safe third country” provision this scenario can happen only if the transit country is safe and has both a robust asylum system and a formal treaty with the United States agreeing to safe third-country status. 

Asylum seekers are supposed to be given a “credible fear interview” by a DHS officer at their port of entry to determine if their asylum claim has validity. If the officer says the claim of asylum is valid, the person can remain in the US while they await their court appearance to present their case before an immigration judge. The Biden administration’s proposed rule will narrow this procedure down to a “reasonable fear interview,” which has a much higher denial rate. If the officer denies the asylum claim, the migrant will be deported. They can appeal this denial, but most do not understand the appeal process and have no access to legal assistance. 

The importance of winning an asylum claim is that it is often the only path most immigrants can take to obtain a Legal Permanent Resident (LPR or “Green Card”) status and eventually become a US citizen. Temporary Protective Status (TPS) or similar statuses are not permanent and do not lead to LPR status or citizenship. 

What is the new “Biden Asylum/Transit Ban” going to do that’s different from Title 42? 

The Biden Administration on February 21, 2023, announced a crackdown on those seeking asylum in the US. The proposed rule would see the rapid deportation of anyone who has not first applied for asylum en route to the US southern border through the use of a smartphone app called “CBP One.” CBP One has been plagued with significant technical problems, preventing many from making “asylum appointments” (two weeks or more out) and has raised serious equity and privacy concerns. The app takes a very long time to fill out and has been known to crash, and the main text is currently available only in Spanish and Haitian Creole, with English only error messages. It cannot be accessed from a computer, and the user must first use an all-English web site, “Log-In.gov,” to set up an account and have their identity verified before accessing and applying for a an asylum appointment via CBP One. 

This proposed rule has been condemned by immigration rights groups, which claim it runs counter to the “humane immigration system” that Biden promised while campaigning for the White House. Some have called it a “hybrid of the Trump transit bans.” It clearly discriminates against those asylum seekers who are too poor to own a smartphone, have no stable internet accessibility, lack computer device skills, or are illiterate. 

The Trump Administration proposed prohibiting asylum for migrants who didn’t first apply for asylum (and been denied) in a country of transit before reaching the US southern border and entering through a port of entry. The court struck down this policy for violating the 1980 Refugee Act, which guarantees the right of all migrants who reach the US to apply for asylum. The Refugee Act expressly permits asylum seekers to access protection anywhere along the border—not just ports of entry—and it does not require appointments to be made in advance on a smartphone only app to request asylum. 

 What problems could this “New Title 42” (Biden Asylum/Transit Ban) cause? 

The proposed Biden Asylum/Transit Ban would create a new asylum restriction for adults and families who present themselves unannounced to US border officials at the southern border. If they have traveled through another country or countries on their way to the US, they would have to provide proof that they applied for asylum in one of the transit countries and been denied first. (One lawyer on a webinar noted that a denial of an asylum application in another country could be used against the person applying for asylum in the US, possibly in violation of the Fifth Amendment.) The Biden administration insists that every asylum seeker has the power to avoid the ban by sticking to what it calls “lawful pathways,” implying that it’s unlawful to seek asylum if you enter the United States between ports of entry (enter without inspection), which goes against the Refugee Act. 

The rule also creates a whole new convoluted procedure to determine whether and how the ban applies. For instance, if you fly into the US, this proposed rule will not apply to you. If you come across the border from Canada, this rule does not apply. Those who have received an advanced parole (and have a US sponsor) or come into the US under a work, student, or tourist visa will not be subject to this rule. The rule only applies to persons who have physically crossed into the United States at the southern border.

The biggest problems arise from the so-called “lawful pathways” that don’t really exist for many people. The process migrants could be shunted into instead is tantamount to a near-complete asylum ban when one considers how the process is intended to work and how it interacts with systems on the ground. And the rule doesn’t even attempt to explain these discrepancies! 

To get a feel for the absurdity of the proposed regulation, read How to Seek Asylum In the United States (Under the Biden Administration’s Proposed Asylum Transit Ban), In 12 Not-At-All-Easy Steps. https://immigrationimpact.com/2023/02/22/steps-to-seek-asylum-biden-transit-ban 

What can we do to express our concerns about this proposed asylum/transit ban rule?   

Go to https://immigrationjustice.quorum.us/campaign/44910/ or https://noasylumban.us     

Individuals can make a comment to the USCIS (US Citizenship and Immigration Service) about the proposed regulation. Only 30 days were given for public comments to be made (as compared to the usual 60 day comment period). The comment deadline is March 27, so write your comment soon and share the link with others. 

Learn more about the Biden Asylum/Transit Ban at 

https://humanrightsfirst.org/wp-content/uploads/2023/02/Biden_asylum_ban_factsheet_Feb2023_1.pdf

Last but not least editor's note: If you like to know more about what it's like to be an asylum seeker trying to navigate the complex US immigration system, watch the documentary Seeking Asylum. The filmmakers met a mother and her children fleeing a violent situation and trying to reunite with her husband who was working in the United States. More on how you can view it at its web site https://www.seekingasylumfilm.com/

Quote of the Week: 

 “We have spent the past decade pouring money into the border-security apparatus in an effort to deter asylum seekers. It hasn’t worked because we’ve spent all of that money on border security and we’ve spent almost none on actually building a functional and working humanitarian-protection system on the back end.  

And now we’ve got a two-million-case backlog, more than six hundred thousand asylum applications with U.S. Citizenship and Immigration Services, and three million people on ICE’s non-detained docket. This is not something that you’re going to be able to fix overnight. About the only thing the Biden Administration and Congress could do right now is just declare immigration bankruptcy and start all over again, and have amnesty, but there isn’t the political will for that right now, unfortunately.”

– Aaron Reichlin-Melnick, Policy Director at the American Immigration Council

Related Articles:

CBP One Is Riddled With Flaws That Make the App Inaccessible to Many Asylum Seekers https://immigrationimpact.com/2023/02/28/cbp-one-app-flaws-asylum-seekers/ 

 

Critics Decry New Biden Rule as "Trump's Asylum Ban Under a Different Name  https://truthout.org/articles/critics-decry-new-biden-rule-as-trumps-asylum-ban-under-a-different-name/

  

How to Seek Asylum In the United States (Under the Biden Administration’s Proposed Asylum Transit Ban), In 12 Not-At-All-Easy Steps  https://immigrationimpact.com/2023/02/22/steps-to-seek-asylum-biden-transit-ban 

 

Biden Wants to End Exploitation of Migrant Children, But His New Asylum Policy Could Make It Worse https://immigrationimpact.com/2023/02/27/labor-exploitation-migrant-children-biden-asylum-policy/ 

 

White House Struggles to Explain the Fate of Title 42 https://www.politico.com/news/2023/02/06/public-health-emerdency-title-42-00081390

From Still Awaiting Court Dates, Migrants Suffer the Effects of ‘Band-Aid’ Fixes to Our Broken Immigration System https://immigrationimpact.com/2023/02/08/awaiting-court-dates-notice-to-appear

 

A Pennsylvania Hospital is Attempting to Deport an Undocumented Woman in a Coma https://truthout.org/articles/a-pennsylvania-hospital-is-attempting-to-deport-an-undocumented-woman-in-a-coma/

Other interesting articles I've read this week about the Ohio train derailments (there's now two of them!) and the quest for peace in the world:

Norfolk Southern Cargo Train Derailed Near Springfield (Ohio) https://www.dispatch.com/story/news/2023/03/04/cargo-train-derails-springfield-clark-county-ohio/69972311007/

East Palestine, Ohio And The Oligarchy https://popularresistance.org/east-palestine-ohio-and-the-oligarchy/

Angry residents confront EPA and railroad officials at East Palestine, Ohio town hall https://www.wsws.org/en/articles/2023/03/04/rail-m04.html

Norfolk Southern Used Sick Leave as a Bargaining Chip to Erode Safety, Union Says https://truthout.org/articles/norfolk-southern-used-sick-leave-as-bargaining-chip-to-erode-safety-union-says/

"Too Many Holes": Rail Workers Say Buttigieg Plan of Action is Not Enough https://popularresistance.org/too-many-holes-rail-workers-say-buttigieg-plan-of-action-is-not-enough/

East Palestine Residents Confront Norfolk Southern at Town Hall Meeting https://truthout.org/articles/east-palestine-residents-confront-norfolk-southern-at-town-hall-meeting/

Rail Workers Demand Immediate Action from Lawmakers to Rein in Rail Industry https://truthout.org/articles/rail-workers-demand-immediate-action-from-lawmakers-to-rein-in-rail-industry/

Exposure to Chevron's Climate Friendly Fuel May Pose Severe Risk of Cancer https://truthout.org/articles/exposure-to-chevrons-climate-friendly-fuel-may-pose-severe-risk-of-cancer/ 

The House's "Horrors of Socialism" Resolution Spurred by the Capitalist Class's Greatest Fear https://indypendent.org/2023/02/the-houses-horrors-of-socialism-resolution-spurred-by-the-capitalist-classs-greatest-fear/

China's Peace Plan for Ukraine https://scheerpost.com/2023/03/03/chinas-peace-plan-for-ukraine/

Major US Outlets Found Hersh's Nord Stream Scoop Too Hot to Handle https://scheerpost.com/2023/03/04/major-us-outlets-found-hershs-nord-stream-scoop-too-hot-to-handle/

Abnormal for West to Dodge Nord Stream Explosive Revelations https://enapp.globaltimes.cn/article/1286480