No Human Should Be Documented

Earlier this month Libertarian presidential candidate Gary Johnson made it clear that he was against using the term ‘illegal immigrant’ and that he preferred the term ‘undocumented’. The issue of what to call illegal aliens is often discussed, see John Lee’s previous post and the general page on the topic.

Conservatives object to calling illegal aliens “migrants” on the grounds that it justifies their actions as a viable form of migration. Some in the alt-right go as far as to claim that “alien” is the proper term as it makes it clearer that ‘white’ countries are being invaded. The left on the other hand objects to the term “illegal” as it dehumanizes individuals. No human is illegal – so goes that slogan. The alternative term proposed is “undocumented”.

I am indifferent to the distinction between migrant and alien. I have to resist chuckling when I hear someone seriously worry about illegal aliens invading. Can I be blamed? My home state of California is littered with Spanish place names – Los Angeles, San Francisco, San Jose, San Diego, etc. What would the point of an invasion be at this stage? To rename Bakersfield to San Panadero?

It is the promotion of the term “undocumented” term that concerns me. Just as no human is illegal, I see no reason why we should promote the idea that humans should be documented. To me being “documented” conjures up the image of a dystopian future where we are branded with identification numbers that are needed for every little transaction. Indeed, I consider the term undocumented to be worse than illegal since it implies that all individuals, including natural born citizens, should be documented in this manner. At minimum the term implicitly justifies a program like e-verify, a de facto form of national ID in the United States, which makes one’s right to work dependent on government approval.

This is not to mean that an open borders regime would do away with all forms of identification. It would be possible to still require potential migrants to undergo a background check in order to screen out criminals. However there is a difference between a background check and requiring everyone, migrant and natives alike, to constantly present documentation.

Both terms then, illegal and undocumented, should be objected to. Alternative terms have similar failings. “Dreamer”, a moniker used to describe to illegal aliens who entered as children and are pursuing higher education, implicitly suggests that “normal” illegal aliens should be deported. “Unauthorized” still implies, if subtly, that states have the right to restrict migration.

I personally prefer the term illegal alien because, at least in the United States, I think open border advocacy needs to be focused towards conservatives. This is not to mean that the left has embraced open borders mind you, but there are more leftists in the movement than conservatives. I am willing to concede the terminology debate if it means that there is more time to make the rest of the case for open borders.

Political considerations aside, what should these individuals be called? I think the answer should be obvious to open border advocates: humans. Under open borders all individuals are humans with the same inherent rights.

Open Borders and the Golden Rule

Last year Pope Francis visited the United States and addressed Congress. A significant portion of his speech was devoted to how people should respond to immigrants. While not appealing for specific immigration policies, Pope Francis reminded his listeners that immigrants deserve to be treated humanely:

“… thousands of persons are led to travel north in search of a better life for themselves and for their loved ones, in search of greater opportunities. Is this not what we want for our own children? We must not be taken aback by their numbers, but rather view them as persons, seeing their faces and listening to their stories, trying to respond as best we can to their situation. To respond in a way which is always humane, just and fraternal. We need to avoid a common temptation nowadays: to discard whatever proves troublesome. Let us remember the Golden Rule: ‘Do unto others as you would have them do unto you.’ This Rule points us in a clear direction. Let us treat others with the same passion and compassion with which we want to be treated. Let us seek for others the same possibilities which we seek for ourselves. Let us help others to grow, as we would like to be helped ourselves.”

Open borders supporters can highlight certain remarks that appear to support our cause, especially the sentence “Let us seek for others the same possibilities which we seek for ourselves.” For immigrants from developing countries to enjoy the same opportunities as people living in developed countries, they must be allowed to enter and remain in advanced countries. And it seems impossible to treat immigrants in a way that is “humane” and “just” under a policy of restrictions. (The group No One Is Illegal states that “the achievement of fair immigration restrictions… would require a miracle.”) At the same time, those opposed to open borders could reference a remark in the Pope’s speech (not quoted above) in which he states that the world refugee crisis “presents us with great challenges and many hard decisions.” One might infer that those decisions might involve accepting some migrants into destination countries and refusing others.

But what about the Golden Rule itself? Is it a foundation for open borders? One approach to the Golden Rule would seem to support open borders. Consider Bryan Caplan’s remark that all that we really owe strangers is to leave them alone. If this is applied universally, “Do unto others…” could mean that you wouldn’t have anyone block you from shopping, living, or working where you please, even if it’s in another country, so you shouldn’t interfere with others’ ability to do the same, regardless of their nationality. This seems to be what the Pope means when he says, “Let us seek for others the same possibilities which we seek for ourselves.”

The Golden Rule also could be seen as supporting a limited version of open borders. It would support open borders for citizens of countries with comparable economic prosperity. For example, Argentina, Chile, and Uruguay have roughly the same per capita GDP.  It would make sense that citizens of any one of these countries would have the other two countries allow them to migrate freely to those countries to pursue economic opportunities, so they should have open borders for citizens of the two other countries to enter their country.

However, the Golden Rule’s support for open borders could founder when applied to citizens of countries with wide economic disparities. This is because citizens of the Third World generally have much more to gain from moving permanently to the First World than citizens in the First World have to gain from moving permanently to the Third World. Citizens of developed countries, who generally have little desire to migrate to developing countries, probably wouldn’t have developing countries open their borders to them, especially if it meant they would have to, under the Golden Rule, reciprocate. Therefore, they wouldn’t be obligated to open their borders to citizens from developing countries. For example, most Canadians likely would be okay with Bangladeshis telling them that they couldn’t migrate to Bangladesh, so Canadians wouldn’t have to open their borders to Bangladeshis. On the other hand, most Bangladeshis probably would have Canada open its borders to them, so they would have to open their borders to Canadians. This difference in perspective reflects a weakness that others have noted about the Golden Rule: the difficulty of applying it to “differences of situation.

Pope Francis’ comments about treating immigrants with compassion are inspiring. However, I disagree that the Golden Rule “points us in a clear direction” about how to respond to immigration. It is too malleable to provide a moral foundation for immigration policy.

Luck and Open Borders

In a previous post, I noted that, in my opinion, the best argument for open borders is that it would allow people, not their birthplace, to control their lives. Open borders would offer people who had the bad luck of having been born in poor and/or unsafe countries the opportunity to escape their unfortunate circumstances and find a better life in a safer, more prosperous country. It is wrong for the lucky who were born in the developed world to deny this opportunity to the unlucky who were born in poor countries, to paraphrase the ideas of several other critics of immigration restrictions.

How persuasive is this argument? Research on the role that awareness of one’s luck has on one’s generosity suggests that the argument, by reminding people of their good fortune in having been born in the First World, could be effective.

A recent article in The Atlantic by Robert Frank of Cornell University focuses on this connection between being aware of one’s good luck and a willingness to help others. Mr. Frank notes that when people disregard the role luck plays in their success, they are less generous. However, “… when people are prompted to reflect on their good fortune, they become much more willing to contribute to the public good.” He cites experiments in which subjects who are induced to feel grateful or consider factors outside their control that have helped them are more generous towards strangers than subjects in control groups.

It would be interesting to see what the results would be if a similar experiment were conducted in which some subjects were prompted to consider their good fortune at having been born in an advanced country and then asked their views on open borders, while other subjects were not given such prompts. The results of the aforementioned studies, even though the generosity was directed at strangers who were presumably fellow citizens, suggest that the subjects in the hypothetical experiment who were led to consider their good fortune would be more favorable towards open borders than the other subjects. (While he doesn’t express his views on immigration policy, Mr. Frank states that “the one dimension of personal luck that transcends all others is to have been born in a highly developed country.”)

As open borders advocates consider which arguments are most likely to convince more people in advanced countries to embrace open borders, this focus on making individuals aware of the huge role that their place of birth has had on their lives could be potent. Of course, this message would be received better by those who are prospering more than others. As the Brexit vote has shown, many of those who are struggling in the developed world are in no mood for increased immigration.

Mr. Frank observes that successful people in the First World tend to overlook the role luck plays in their success: “Most of them are vividly aware of how hard they’ve worked and how talented they are. They’ve been working hard and solving difficult problems every day for many years! In some abstract sense, they probably do know that they might not have performed as well in some other environment. Yet their day-to-day experience provides few reminders of how fortunate they were not to have been born in, say, war-torn Zimbabwe.” If the open borders movement can provide more such reminders, it could be significantly strengthened.

We need to win minds not votes

The Supreme Court recently ruled against the Obama administration’s expanded deferred action program. The program, first announced in November 2014, would have granted de facto amnesty and work authorization (but not a pathway to legalization!) to a large portion of the illegal aliens in the United States. The program was an expansion of an earlier program that granted similar benefits to Dreamers, illegal aliens who came over as children. The decision was tied 4-4, meaning that the earlier appellate court ruling was upheld. Since it was a tie the Supreme Court may review the case again in the future.

Within minutes of the announcement my mail box was being filled by Dreamer and other migrant advocacy groups. United We Dream, one such Dreamer advocacy group, sent a mass email declaring that:

“Make no mistake – the GOP took DAPA away from us, and now they’ll come after DACA. We need your help to stop the hate and defend the immigrant community… This November we need to vote to ensure that we never face a defeat like this again. We will remember this day and these conservative politicians when we turn out our allies to take to the polls in November.”

Note the emphasis on getting votes to punish the GOP. This is not an isolated message, but part of a wider trend among Dreamer networks. The feeling I often get when I interact with other Dreamers is that what they want is a president who is willing to enact their preferred policies regardless of the political institutions in place.

This would not be a problem if they were arguing that the constitution never gave the federal government the power to regulate migration – see here, here and here. I greatly sympathize with this latter reading of the Constitution.

However in my interactions with other Dreamers I get the impression that they have a view of the Constitution painted by their close attachment to the progressive political machine. To be fair Dreamers hold their reservations against the mainstream Democratic Party, but they have no love for conservatives. One survey found that roughly 50 percent of Dreamers consider themselves Democrats, 45 percent identify as independents, and 5 percent as other. This close attachment to progressives means that the Dreamer’s version of the Constitution is missing the 9th and 10th amendments, along with other key parts restricting the power of the executive. As far as most Dreamers are concerned they are not advocating a reading of the Constitution that denies the federal government the power to regulate migration. Dreamers are advocating the expansion of executive power.

Seeking an increase in executive power isn’t the answer though. By promoting the increase of executive power we may get a pathway to legalization for ourselves, but we also weaken the institutions that have made the United States a prosperous nation. Our parents left their countries because of how awful the governments there are. If anyone wishes to live in a country run by strong man politicians they have plenty of choices south of the border.

It is true that the United States’ political institutions have led to several injustices. Slavery and institutionalized racial segregation were both upheld as legal before they finally began to be dismantled. It is saddening to think how long it took the United States to outlaw slavery.

The same institutions have also served as safeguards for minority groups. The United States is a country where communists, and KKK clansmen alike can protest and preach their beliefs without fear of legal reprisal. Dreamers in the United States have an untold amount of privilege compared to their counterparts worldwide.

Indeed, where else has a Dreamer culture developed? Where else could a Dreamer culture develop? Where else could illegal aliens hecklethe President and get away with it? Illegal immigration is not unique to the United States, but the Dreamer culture is.

In Mexico, and other countries with poor institutions, the government has no qualms simply killing student protesters. In 1968 an unspecified amount of student protesters were killed before the Olympics were scheduled to start in Mexico City. In 2014, 44 student protesters in southern Mexico were kidnapped and killed under the orders of the regional government.

By all means the United States is not above harassing student protesters. It is easy enough to find stories where Dreamers have had their work authorization denied due to past political activities. The Kent State shootings show that the United States is capable of using violence against student protesters. Even at its worst though the magnitude and the response of the public has been drastically different when the United States tries to pacify student protesters versus other nations. I for one would feel safer protesting in the United States than Mexico.

Life as an illegal alien is terrible, but it is preferable to life in a banana republic. The Supreme Court ruling is disappointing, but we should not think the Supreme Court and other institutions are antiquated because of it. We should certainly not try to swap those institutions for a stronger president. Instead we should concentrate our efforts to spreading the case for open borders. In the end it will be ideas that lead to lasting change.

Open Border advocates, especially libertarian OB advocates, in turn have a duty to reach out to Dreamers. Dreamers have a painted view of the Constitution, but can they be blamed when libertarians and conservatives have failed to reach out to them? Worried about Dreamers voting for progressive politicians when they get the vote? Don’t donate to Numbers USA or CIS. Instead buy a few pocket constitutions and send them to your nearest Dreamer group.


 

Further Reading:

OBAG coverage of the Expanded Deferred Action Program
Ilya Somin on the SCOTUS decision [External]
Is There a Downside to Presidential Nullification? By Nathan Smith
Executive Action, Not Legislative Reform, Is How U.S. Immigration Policy Gets Made Now by David Bennion

Damn Our Euphemisms: Who is the Accomplice to Murder in Dilley, Texas?

[CONTENT/TOPIC WARNING: Descriptions of violence, conflict, confinement. Strong moral exhortations and confrontational questions. Please be prepared when reading.]

I have said before, and I will keep saying: forcing people to return to violence they have escaped is an open endorsement of that violence, a collusion with their persecutor back home and a joining of the open threat on their lives.

Every year the U.S. mass-exile system forces thousands of people to return to war zones and other dangerous places where they may be and sometimes are murdered with impunity.1 Some of those deported are children. Nowhere is this more true than in Central American states like Honduras, El Salvador and Guatemala, where a toxic brew of corruption, organized crime and neo-colonial fallout have generated ubiquitous violence and the highest murder rates in the world.2 Immigration and Customs Enforcement (ICE) returns many immigrants from Central America to these same states where they are being hunted. You could say they are delivered into the hands of their killers – that their murder is enabled, even assisted, by their deportation, by their deporters.

One study found that between January 2014 and September 2015 eighty-three deportees who were sent back to Honduras, Guatemala, and El Salvador were murdered after their return.3 They were people fleeing the killers who eventually took their lives. People like José Marvin Martínez, who fled violence in Honduras and made it to the U.S. when he was 16, but was deported and four months after his forcible return was shot to death.4 Or Juan Francisco Diaz, also deported back to Honduras, where he too was murdered a few months later.5 Or Giovanni Miranda, who, after spending most of his life in the U.S., was deported to El Salvador to be murdered in front of his wife and son in June 2015.6 Or Edgar Chocoy, 16, who ran away from a gang to the U.S. only to be murdered by that same gang seventeen days after he was deported back to Guatemala in 2004.7 Or an unnamed teenager who was shot to death hours after being deported back to San Pedro Sula, Honduras.8 Moises, 19, was murdered after he was deported to El Salvador.9 And there are too many more names we’ll never know.

What’s more, the number of deportees delivered directly to their killers does not include those who survive attempted murder or other violence because of their deportation – a number no one knows. Isais Sosa, who was 19 when the Los Angeles Times covered his story in 2014, survived being shot by a gang days after his deportation.10 The 19 year old daughter of Dora Lina Meza fled to the U.S. from the same gang that, after she was deported back home, raped her at gun point.11 After Juan Ines Alanis was deported he was kidnapped and held for ransom while his fingers were smashed with a hammer.12

The use of euphemism is a common tactic for masking brutality. Many have discussed the use of “bureaucratic euphemisms” to direct attention away from acts of violence in the context of slavery,13 genocide14 and torture,15 for example. From “special resettlement” to describe the forced relocation and mass murder of millions under Stalin,16 to “sleep adjustment,” and “enhanced interrogation techniques” to describe torture in the Abu Graib prison.17 “Euphemism” comes from the Greek word euphemismos, meaning to use favorable words in place of inauspicious ones,18 literally “eu” and “pheme” together mean “good talk.”19 The only reason to use favorable words to describe human suffering is to hide that suffering from yourself and others. But human beings deserve to have their “inauspicious” suffering described as accurately and directly as possible.

The process of deporting people to their death or maiming is facilitated and hidden from us through the use of euphemism. When we strip away the “auspicious” language, we’re forced to confront honestly the suffering of exiled people and our role in their fate. ICE “detains” (kidnaps20) human beings for the purpose of “deporting” (condemning) them to their “home countries” (war zones) where ICE knows that they could be “persecuted” (raped or murdered in cold blood). But while the euphemism is used to hide culpability, the fact of culpability remains. Where A knows that C will murder B if C finds B; and A kidnaps B and delivers B to C – isn’t A guilty of something? When we acknowledge that ICE knowingly facilitates the death of human beings, it makes it difficult not to assign that institution some amount of moral responsibility and culpability for their actions. The evil of euphemisms used to describe evil should be obvious: talk about violence should be direct and honest because we collude with that which we hide and keep secret. We hide and collude with the suffering of people in the mass exile system when we resort to euphemism and doublespeak.

Translating ICE’s auspicious words into their inauspicious meaning forces us to confront the reality of their injustice. In criminal law, when a person does not themselves murder someone but contributes sufficiently to someone else’s act of murder, we deem this person an accomplice or an accessory to murder. If federal agents delivered U.S. citizens directly into the hands of those who sought to harm them, this would probably be considered both criminal and unconstitutional. But as the Supreme Court admits “in the exercise of its broad power of immigration and naturalization, Congress regularly makes rules that would be unacceptable if applied to citizens.”21 The only reason we don’t recognize mass exile as the moral equivalent of an accomplice crime is because the law has decided that noncitizens are inferior to citizens and may, therefore, be treated as less than human. We protect our own conscience and accommodate this law by covering up human suffering with legal jargon that comports with the denial of human pain. This accommodation makes compliance with the law easier (e.g., “removal to your home country” instead of “deliver you to your killer”).

Let’s discuss a salient example of accomplice crime: a prison for mothers and their children in Dilley, Texas; a place where A kidnaps B and delivers B to C. Let’s talk about how criminal law would evaluate what happens at Dilley if we decided that it actually was not ok to make rules for migrants “that would be unacceptable if applied to citizens.”

The Scene of the Crime

During the week of July 5th to the 11th of 2015, I was one of many volunteer attorneys who spent a week working in the Dilley, Texas internment camp for mothers and their children,22 assisting some of the people imprisoned there with their claims for asylum and “bond” (the immigration equivalent of bail, that is, release from detention while your case is pending).

Just outside the small town of Dilley, just past a federal prison, a forest of industrial flood lights hang over the roof tops of a sprawling internment camp that someone in government has the Orwellian temerity to call the “Dilley Family Residential Center.” That name, which sounds like it might describe a nursing home or gated community, tells you that this is a place of denial and euphemism. Volunteers have compared it to the internment of Japanese Americans during World War II, or refer to it simply as “baby jail.” Both are accurate. It is an ICE operated, Corrections Corporation of America (CCA) administered prison for 2,400 women and children – 1,046 children, in fact, 96 of whom are younger than two.23 It is a series of interconnected trailers and dormitories surrounded by twelve foot high wire fences. It is equipped with a “playground,” and “court rooms,” spartan chambers where immigration judges preside over claims via video monitor from Miami, while the woman on the other end often sits alone with a prison guard at her side, often without an attorney. No one imprisoned in Dilley has been charged with any crime. This is where people are held after their capture near the border before they are either released into the U.S. (if they’re lucky) or deported back to their home country (where, it bears repeating, they may be murdered). Future generations will scarcely believe we were so timid in our opposition to such a place that we allowed it to flourish here. This is where the accomplices hide behind lies.

Much has been written about the madness of places like Dilley, by people with far more knowledge and experience with them than I have, and you should consult these sources first for thorough descriptions of the enormous human suffering Dilley contains.24 I will relate here only two memories from Dilley because they capture the ways in which its brutality is hidden with euphemism and denial.
First, the camp’s entrance: Visitors enter this prison for toddlers and their mothers through a long, white corrugated trailer with a bland gray door. Through the door you pass through antiseptic air and metal detectors flanked by armed guards. You may not enter the facility until you are stripped of any metal or glass on your person. Cell phones are forbidden. Cameras are forbidden. Money is forbidden (although you may take in a maximum of twenty $1 bills). More revealing of Dilley’s true nature, though, are the series of paintings on the wall opposite the metal detectors. They are watercolor-like, saccharine portrayals of life behind the iron fence; people dining carelessly in a prison cafeteria, happy children sitting in a classroom that’s behind bars. Think Norman Rockwell goes to hell. I mention them because they are a visual euphemism – an obnoxious and clumsy effort to convince us that this is a place suitable for human beings; an incredulous invitation to believe there can be happiness without liberty. This awkwardly placed art seems to be a disingenuous answer to a question DHS and CCA wish we would stop asking – how can it possibly be humane (or legal) to imprison whole families? It also smacks of what Vladamir Nabakov and Azar Nafisi called “poshlust,” or the banality and garishness often indicative of brutality, “the falsely important, the falsely beautiful, the falsely clever, the falsely attractive,”25 such as plastic flowers in a prison (or in this case, cheap paintings). The paintings reflect the mundane, humdrum mood with which Dilley personnel regard this place, a mood that evokes what Hannah Arendt called the “banality of evil.” These paintings attempt to warm the world to the idea of putting babies in prison and in so doing reveal the brutality inside.

Second, a very angry parent: At this point in history it is axiomatic to say that immigration detention camps often lack adequate healthcare for their prisoners – and the Dilley camp is no different.26 There are many stories of the people trapped there, adults and children alike, receiving inadequate medical care, or no care at all.27 In one incident, the Dilley facility endangered childrens’ health by giving them dangerously high doses of a Hepatitis A vaccine.28 Add this to humiliating living conditions (I’m told families are packed into bunk beds, in rooms less spacious than a college dormitory, with only a drawn curtain around the bed to simulate privacy, and someone has the gall to call these “suites”); add this to the persistent threats (any time ICE officials and judges remind internees about their imminent deportation they are effectively reminding them of their power to make internees suffer – in any other context we would call that a threat); also consider that many are hostages who cannot pay their ransom (ransom is a much more accurate way to describe the “bond,” $1,500 or more that when paid can ensure their release from this prison until the courts decide their fate, although not all are even eligible for bond); and you can imagine how angry a parent would be if the same people holding their son or daughter prisoner in this place also prevents them from seeing a doctor when they’re sick. Some people don’t need to imagine it. During my time at Dilley, one woman approached some of the volunteers to explain that her son had been feverish for days, that his conditioning was worsening, but that ICE or CCA or both would not release the child to a hospital. This would not be the first time volunteers called 911 for a sick detainee who was not receiving proper care. I cannot forget the rage on that parent’s face. Eyes wide, face red, her lips pursed and her bottom teeth exposed – she was as livid as I have ever seen anyone. If I was outraged, what words exist that could possibly describe how she felt? I feel compelled to talk about that person’s face because it seemed a rare moment of emotional honesty in a place where poshlust and cruel grandiloquence (“Family Residential Center,” “suites”) dominate. She described the injustice of Dilley with her face better than anyone writing about it can with words – her expression stripped away the euphemisms and lies.

So – looking behind the fantasy that those paintings want us to believe – when the people trapped in this government funded hell hole are forced to return to the places where we know they will be harmed or murdered – who is the accomplice to that harm or murder? Is it the ICE officer who physically pushes people into the airplane and forces them to board the flight back into the hands of their killer? Is it the Judge that orders the same? What about the Congress that made this cruelty law and the president who enforces it? Is it the CCA employee who conspires with them to hold that person captive for the purpose of having them forcibly sent away? Is it the guard who ensures this captivity at Dilley? Or the army of technicians, custodians and support personnel who ensure the prison functions and enables the guard? Is it the Customs and Border Protection officer who drags the parent and her child here in the first place to allow this process to begin at all? And what about the denizens of Dilley who support the facility indirectly, by delivering mail or scrubbing floors? What about the lawyers like me who, despite defending the prisoners from exile, must collaborate with this system in the process to do so? What about the taxpayers who funded this place?

Is it hyperbole to call any of these people accomplices to murder? It surely makes us uncomfortable to do so, and that discomfort is precisely what Dilley’s euphemisms are trying to make us forget or ignore. But dismissing this discomfort is dangerous because it deceives us into believing what is not true – that Dilley is anything more than a means to threaten and endanger peoples’ lives. The law of accomplice crime is an important tool for labeling accurately the cause and effect of what goes on at Dilley, even if it seems hyperbolic and especially if it makes us uncomfortable.

Accomplice Crime in Texas

Under Texas criminal law, a person “must” be found an accomplice to a murder when they “engage[] in an affirmative act that promotes the commission of the offense that the accused committed,”29 and do so “before, during, or after the offense,”30 while “intending or knowing” that their actions would “assist in causing the death” of the victim.31 To clarify, simply knowing that the murder will take place, but failing to stop it – or merely being present at the scene of the crime – are not enough to make one an accomplice.32 Rather, the person must engage in some affirmative act intending or knowing that this act will promote the victim’s death. For example, the Texas courts have said that simply disposing of a murder weapon33 or even disposing of the body after the murder,34 does not make one an accomplice to the act itself. It must be an act or omission that promotes the victim’s death.35 The standard for accomplice crime is the same, whether we’re talking about murder or robbery or any other intentional violent crime.36

Now, in criminal cases juries decide facts in the court room, and to do so properly they are given instructions by judges. Depending on the evidence, a Texas judge must instruct a jury to find that a person was an accomplice “as a matter of law,” or “as a matter of fact.”37 A jury will be instructed to find someone an accomplice as a matter of law when the evidence “clearly show[s] that the witness is an accomplice.”38 However, if it is not clear whether the individual is an accomplice, the jury must be asked to determine whether the witness is an accomplice as a matter of fact.39 For example, in one case, Mize v. State, a Texas court concluded that there was “at least” a jury question of accomplice “as a matter of fact” to the crime of robbery where the alleged accomplice drove the getaway car for the robbers and saw the robbers pointing guns at their victims.40 Here the driver’s affirmative act was driving the getaway car, it occurred immediately after the offense of robbery and the driver knew it was a robbery because he saw the guns pointed at the victims – thus, the jury and later the court found that the driver was an accomplice to the crime.41

Driving a getaway car is an apt analogy to the accomplice crime in Dilley. In Mize the driver was actively helping the robber complete their crime because without the driver’s help the robber would not be able to complete the crime. The analogy between driving the robber from the robbed and flying the murdered to the murderer – should be obvious. In a very real sense, ICE is driving the getaway car in reverse when they deliver people to their killers. Without ICE’s help, no killer hunting the deportee would be able to complete their crime. ICE facilitates the crime just like the driver in Mize. And just as the accomplice to the crime in Mize knew that he was chauffeuring around robbers because he saw the guns – ICE knows very well they’re chauffeuring Dilley captives to their death because they know the conditions in Central America, the captive has told them they fear death, and this pattern of deport-murder-repeat is not a secret to anyone. Those involved with physically holding and banishing people back to Central America, therefore, were they on trial in Texas, would at least have earned an instruction to the jury to determine whether or not they are accomplices to murder as a matter of fact.

Additionally, Texas courts have said that a person’s “consciousness of guilt” as to their facilitation of a crime, such as by fleeing the police or hiding their participation, “is perhaps one of the strongest kinds of evidence of guilt,” inasmuch as it would prompt a judge to instruct a jury to determine whether someone was an accomplice as a matter of fact.42 Do we have evidence that ICE wants to hide its participation in the kidnaping and murder of people? Yes. The euphemisms and poshlust are evidence. Why would the authorities who ordered, designed and set Dilley into motion call it a “family residential center” if they weren’t trying to hide the reality that it’s a prison? Why call it “removal” unless you’re trying to hide that it’s exile? Why decorate your prison with fake photos of happy prisoners when their real emotions are terror and rage? Why call them “suites” unless you don’t want people to know they’re cells? Do the higher ups of ICE and CCA believe that employees would find it harder to come to work if they were honest about the facility’s purpose? Does ICE assume the public would be more outraged if they used accurate words? Why hide behind a litany of misnomers if you weren’t trying to hide your own culpability? Those who bolster and entertain the use of these euphemisms let their guilt show. The circumambulation and the poshlust are efforts to hide their participation in violence, and this is evidence of their guilt as accomplices to the crimes committed again deportees. Look past the plastic flowers and you can see what Dilley really is: a crime scene.

No one who keeps Dilley running should be free from the creeping sense of shame or self-doubt. Every person who has ever been inside a place of such morally despicable character, who is not themselves its prisoner, even people like me, should be burdened with the responsibility to ask themselves, just like any Texas jury would have to ask themselves, how their actions have led to the death of other human beings and what role have they played in facilitating those deaths. These questions are the burden and the responsibility of anyone so involved. And if you’ve ever been through Dilley, close enough to it to be implicated in its crimes, then these questions are now yours– you own them. We cannot allow ourselves to assuage our consciences with words that hide the truth. Who is an accomplice to murder in Dilley, Texas? There, that question is yours now. Go live with it.

Related reading

Footnotes

1 See, e.g., Anna Cat-Brigida Deporting People to Their Doom in Murderous Central America, The Daily Beast, Feb. 7, 2016, (“Just last year 75,000 migrants were deported back to the Northern Triangle [Guatemala, Honduras and El Salvador]”).
2 James J. Phillips, Honduras in Dangerous Times: Resistance and Resilience, at 227 (2015); Guy Taylor & Stephen Dinon, Violence Surges in Central America, Threatening New Refugee Flood, The Washington Times, Jan. 10, 2016
3 Attorney General Kamala D. Harris Joins Washington State in Filing Amicus Brief to Ensure Unaccompanied Minors are Guaranteed the Right to Counsel State of California Department of Justice Press Release, March 11, 2016; Sibylla Brodzinsky & Ed Pilkington, U.S. government deporting central American migrants to their deaths, The Guardian, Oct. 12, 2015; Anna Cat-Brigida Deporting People to Their Doom in Murderous Central America, The Daily Beast, Feb. 7, 2016
4 Sibylla Brodzinsky & Ed Pilkington, U.S. government deporting central American migrants to their deaths, The Guardian, Oct. 12, 2015
5 Id.
6 Roberto Lovato, Deported to Death: The tragic journey of an El Salvadoran immigrant, AL Jazeera America, July 11, 2015
8 Cindy Carcamo, In Honduras, U.S. Deportees Seek to Journey North Again, L.A. Times, Aug. 16, 2014
9 Pastor Mark Knutson, Francisco’s Son has been murdered in El Salvador, Feb. 20, 2016
10 Cindy Carcamo, In Honduras, U.S. Deportees Seek to Journey North Again, L.A. Times, Aug. 16, 2014
11 Bob Ortega, Revisiting the immigration pipeline: Deported into Danger, Nov. 13, 2014, The Arizona Republic
12 Aaron Nelson and Jeremy Roebuck, Immigrants are being deported into danger, The San Antonio Express-News, Oct. 5, 2013
13 Winthrop Jordan, Tumult and Silence at Second Creek: An Inquiry into a Civil War Slave Conspiracy, revised edition, at 94 (1995)(describing the word “examine” as a euphemism for whipping as punishment and to extract information).
14 Timothy Ryback, Evidence of Evil, The New Yorker, Nov. 13, 1993 (noting the “extensive” use of euphemisms in official documents that record the genocide at Auschwitz)
15 David Brooks, Shields and Brooks on the CIA interrogation report, spending bill sticking point, PBS Newshour, December 12, 2014 (describing the CIA’s use of the term “enhanced interrogation technique” as a euphemism designed to “dull the moral sensibility.”).
16 Roger Griffin, “’Lingua Quarti Imperii’: The Euphemistic tradition of the extreme right,” at 55, Mathew Feldman & Paul Jackson (Eds), “Doublespeak: The Rhetoric of the Far Right since 1945”(2014)
20 Kidnapping, by the way, is an accurate description of what ICE does when they “apprehend” a person and lock them away against their will, a process you’ll notice is described pretty accurately by the legal definition of kidnapping: To “intentionally or knowingly abduct” another person; “Abduct” is defined as restraining someone “with intent to prevent his liberation by: (A) secreting or holding him in a place where he is not likely to be found; or (B) using or threatening to use deadly force.” TEX. PEN. CODE. ANN. §§ 20.03(a); 20.01(2).
21 Reno v. Flores, 507 U.S. 292, 305-06 (1993)
22 Human Rights Watch, US: Trauma in Family Immigration Detention, May 15, 2015
24 National Immigrant Justice Center, Stop Detaining Families, [last accessed May 5, 2016]; Human Rights Watch, US: Trauma in Family Immigration Detention, May 15, 2015
25 Azar Nafisi, Reading Lolita in Tehran: A Memoir in Books 23 (2003).
28 Jason Bunch, Children at Dilley Detention Center got Adult dose of Vaccine, My San Antonio, July 4, 2015
29 Smith v. Smith, 332 S.W.3d 425, 439 (Tex. Crim. App. 2011).
20 Id.
31 TEX. PENAL CODE ANN. § 19.02(b)(1); Sturdivant v. State, 445 S.W.3d 338, 355 (1st Dist. 2013), rev’d on other grounds by Sturdivant v. State, 411 S.W.3d 487 (Tex. Crim. App. 2013).
32 Smith v. Smith, 332 S.W.3d 425, 439 (Tex. Crim. App. 2011).
33 Paredes v. State, 129 S.W.3d 530, 537 (Tex. Crim. App. 2004). 
34 Caraway v. State, 550 S.W.2d 699, 702-3 (Tex. Crim. App. 1977).
35 McFarland v. State, 928 S.W.2d 482, 514 (Tex. Crim. App. 1996).
36 See, e.g., Mize v. State, 915 S.W.2d 891, 895 (Tex. Crim. App. 1995).
37 Smith v. Smith, 332 S.W.3d 425, 439 (Tex. Crim. App. 2011).
38 Id. e.g. the individual must be chargeable with the same crime committed by the defendant (the murderer). See Druery v. State, 225 S.W.3d 491, 498 (Tex. Crim. App. 2007).
39 Blake v. State, 971 S.W.2d 451, 455 (Tex. Crim. App. 1998).
40 Mize v. State, 915 S.W.2d 891, 896 (Tex. Crim. App. 1995).
41 Id.
42 Hyde v. State, 846 S.W.2d 503, 505 (Tex. App. Corpus Christi 1993, pet. ref’d) (quoting Torres v. State, 794 S.Wd 596, 598-600 (Tex. App. Austin 1990, no pet.)).

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