I’m a human. I know the fear

The governor of Texas recently declared a state of legislative emergency. The emergency is sanctuary. Cities in Texas are declaring themselves `sanctuary cities’ or are acting as such, and that somehow threatens Texas.

The Texas House of Representatives leapt to action and dutifully passed a bill, HB 12, that would effectively outlaw sanctuary zones. The moment the bill passed, House Representative Ana Hernandez Luna requested to speak to the body, as a matter of personal privilege.

Representative Luna explained that she, her sister, and her parents had come to Texas from Mexico. The family overstayed their visa and lived in the shadows until the 1986 amnesty was signed, by Ronald Reagan. In the intervening twenty-five years, Ana Hernandez Luna attended and successfully completed grade school, college, law school, and was elected to the House of Representatives at the age of 27.

Representative Luna began her remarks by articulating the new version of W.E.B. DuBois’ color-line: “I’m not an alien. I’m not a problem that must be handled. I’m a human.”

She then described the new, and not so new, world order: the politics of fear: “I remember the constant fear my family lived with each day.”

And then Ana Hernandez Luna found it difficult, impossible, to simply speak the words. Tears began to flow, as she struggled to speak: “The fear my parents experienced each day as their two little girls went to school – not knowing the there would an immigration raid that day – and they wouldn’t be able to pick up their daughters from school – and not knowing who would take care of them if that were to occur . . . . The daily task of going to the grocery store to buy groceries might seem a simple task to you, but to us it was a death sentence, that one of my parents may be deported. . . . I know the fear.”

The Texas Senate managed to gut the bill, but the fear persists. Twenty-five years after receiving amnesty, after twenty-five years of steady work and accomplishment, Ana Hernandez Luna still lives, immediately and viscerally, with the knowledge of the fear and with the fear itself.

The politics, and the politicians, of fear dream of a world without sanctuary. Some say that when it comes to prison reform, to addressing mass incarceration, money trumps civil rights. When it comes to children, whose access to `civil rights’ is already tenuous, fear trumps sanctuary. It’s a war zone.

Seven years ago, Else Temesgen and her daughter Betty, who was seven at the time, fled to the United Kingdom. Else was fleeing, first, an abusive husband and, second, a situation of certain separation. Else is Eritrean-born, and her daughter is Ethiopian-born, and so, if the two had returned to Ethiopia, the mother would have been deported. They arrived in England and immediately applied for asylum.

The two were detained in a variety of centers before, finally, receiving asylum. Else describes Yarl’s Wood as “very horrible.” Asylum only came because of the intervention of a prominent local politician. Otherwise, they would still be in the shadowlands of immigrant detention … or worse. They know the fear.

The politics of fear sows only tears. Twenty-five years after coming out of the shadows, Ana Hernandez Luna lives with the knowledge of fear, a shared knowledge, a knowledge whose borders are expanding, and weeps. Twenty-five years from now, how will Betty tell the story of her sojourn in Yarl’s Wood?

What exactly is the nation-State that would be threatened by sanctuary? Sanctuary is not an emergency. If anything, sanctuary is holy. Sanctuary is a time and space in which the human can be recognized and sustained. “I’m a human.”

Sanctuary haunts the State of fear.

 

(Video Credit: YouTube / Texas Impact)

Because they are still human

James Kessler is a justice architect. That means he works in criminal justice architecture. He is a senior principal at Hellmuth, Obata + Kassebaum, Inc, better known as HOK, one of the largest architectural firms in the world. Here’s how they describe justice architecture: “As an integral part of society and a component of contemporary life in our cities and states, Justice Architecture is a powerful symbol that serves to define the image of justice in every community.”

In a profile this week, Kessler talked about women prisoners in the United States: “Incarcerated women, for example, are more likely to change, or want to change, Kessler said, noting “an incredibly high percentage – more than 50 percent – have been abused as children.” Statistically they also have more health issues than men, and 75 percent are mothers with the added burden of being away from their children, exacerbated by having been abandoned by their own parents in similar situations….In the past, and sometimes at present, Kessler said parity issues arise vis-à-vis men’s prisons, with fewer opportunities and programs available to women who comprise a much smaller percentage of the prison population.…One of the goals during incarceration, Kessler explained, is to ameliorate the anger that defines inmates. According to Kessler, because research has determined women have a much greater need for privacy than men, requiring them to live in open dormitories would very possibly build on that anger rather than helping to relieve it.”

Women prisoners’ anger, women’s anger, creates a different space and inhabits a different architecture than the anger of men.

The profile concludes with Kessler’s reflection: “As architects, we have social responsibilities and certain sensitivities, perceptions and skills to deal with unusual situations for the people that work in them, the people that visit them and for the people that are in them, because they are still human.”

Because they are still human. What determines the humanity of a prisoner? The architecture? The design elements? Such as shackles around the ankles and waists of women in labor and delivery?

In Rhode Island, pregnant prisoners are handcuffed and shackled. Earlier this month, the Rhode Island chapters of the National Organization for Women and the American Civil Liberties Union find this “troubling” and “unnecessary”. Rhode Island Department of Corrections officials see shackling as striking “a balance between the need for security and the interests of a pregnant inmate.” How is being shackled in the interests of a pregnant woman? She is still human, isn’t she?

In California, the ACLU is challenging the same “balanced” shackling of pregnant women: “In California, we currently shackle pregnant women. In jails and prisons, women are forced to walk with shackles around their swollen ankles, chains around their middles, and handcuffs behind their backs. They walk through downtown city blocks chained to one to another, trying their best not to lose balance”. The ACLU thinks this is cruel and unusual punishment, not a balance struck in the interests of pregnant women. But then, perhaps the interests of pregnant women and those of pregnant prisoners are not the same. Does “security” define reconstitute pregnant women prisoners as other than human? Is that the “balance”? What is the name of the different space created by shackled pregnant women walking, stumbling, falling?

In a couple weeks, the Governor of California will have the opportunity to strike a new balance, limiting the use of restraints on pregnant women who are prisoners.

In Texas this month, the ACLU and the Texas Jail Project have charged the Dallas County jail and others in the state with shackling prisoners during labor and delivery.

This week, the U.S. government submitted a report to the UN Human Rights Council. This is the first time the US has ever reported on its own human rights situation. Prison is included in the report. It appears in Chapter III, “A Commitment to Freedom, Equality, Dignity.” Prison is in the third section, Dignity. There are safeguards for dignity in law enforcement and criminal justice, dignity and incarceration, dignity and criminal sanctions, dignity and juvenile offenders. Dignity abounds. There is no mention of dignity and women. There is no mention of the shackling of pregnant women prisoners.

It is August in America. Pregnant women prisoners across the country are being shackled. Even though they do not appear in the report on human rights, they are still human, they are still women … aren’t they?

 

(Image Credit: RadicalDoula.com)

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