Is the US immigration court system broken?

A man has his fingerprints scanned by a U.S. Border Patrol agent while others wait their turn. Reuters/Jeff Topping
A man has his fingerprints scanned by a U.S. Border Patrol agent while others wait their turn. Reuters/Jeff Topping

Is the US immigration court system broken?

Lindsay M. Harris, University of the District of Columbia

In the U.S. today, a single immigration case takes an average of 677 days simply to get to the initial scheduling hearing. The Conversation

There are more than half a million cases in the system, and just over 300 judges working on them. The Trump administration’s push to aggressively enforce immigration laws will make this backlog worse.

Since 2002, funding for immigration enforcement has more than quadrupled, from US$4.5 billion to $20.1 billion in 2016. During the same time period, resources for immigration courts have increased by much less – 74 percent.

President Donald Trump’s budget for fiscal 2018 and request for supplemental funds for fiscal 2017 indicate he will continue this trend of funding immigration enforcement but not adequately funding immigration courts.

His budget requests would add to the more than $40 billion that the Department of Homeland Security will receive this year. It would include $4.1 billion to start building a border wall and $2.65 billion to increase the number of immigration detention beds. In comparison, the fiscal 2018 budget requests $80 million to add 75 new immigration judges.

As a law professor, I have devoted my career to representing asylum seekers and studying our nation’s immigration courts. I witness the daily effects of the immigration court backlog on the lives of immigrants.

Backlogged immigration courts

The U.S. has 57 immigration courts nationwide. The judges in these courts preside over cases in which an individual is in the U.S. and the U.S. government alleges that they may be removable. This includes immigrants who have recently arrived and are seeking asylum protection, lawful permanent residents rendered potentially removable due to a criminal conviction and undocumented immigrants who may be allowed to stay in the U.S.

An asylum seeker outside immigration court with his lawyer in Los Angeles. REUTERS/Lucy Nicholson
An asylum seeker outside immigration court with his lawyer in Los Angeles. REUTERS/Lucy Nicholson

In 2015, the TRAC Immigration Project out of Syracuse University estimated that full resolution of cases in the backlog would take from 2 to 6 ½ years. Asylum applicants who are seeking U.S. protection from persecution in their home countries may wait five or more years simply for an interview to assess their claim.

The backlog has arisen largely because of an increase in the number of Central American women and children seeking asylum. Many families without authorization are sent to detention centers to be held while they undergo expedited removal.

The expedited removal process was created to bypass the immigration court system and allow for the swift removal of undocumented immigrants. However, if those immigrants say they’re afraid to return home, the Department of Homeland Security must give them a “credible fear interview” to determine if they are eligible for asylum. These individuals can then take their cases to immigration court.

Asylum officers are sent to detention centers to conduct credible fear interviews. Approximately 85 to 90 percent of families interviewed are granted the right to present their case in immigration court.

Asking asylum seekers to present their cases before both asylum officers and judges is repetitive and time consuming. It would be more efficient to either allow asylum officers to grant asylum after a credible fear interview when they see a strong case, or simply bypass this step and allow all asylum seekers to present their cases in court.

As of February 2017, there were only 527 asylum officers working in the nation’s eight asylum offices, even though the United States Citizenship and Immigration Services has authorized hiring as many as 625. The nonprofit Human Rights First estimates that 272 of those officers are needed just to conduct credible fear interviews.

Effects of the backlog

As I have detailed in my work, delays in processing immigrants cause hardships for asylum seekers.

While an asylum seeker is awaiting a decision in their case, they often face financial instability, difficulty finding employment and prolonged separation from immediate family members. Years of delay also make it more difficult for immigrants to find pro bono legal representation.

Meanwhile, the Department of Homeland Security Secretary John Kelly has cited the “historic backlogs” in immigration courts to justify increasing expedited removals.

There’s evidence that such expedited removals circumvent due process for asylum seekers. In some cases, U.S. border officials have even failed to properly implement safeguards to protect asylum seekers from being returned to harm or death. Recently, the U.S. government did not attend a hearing before the Inter-American Commission on Human Rights regarding Customs and Border Patrol illegally turning asylum seekers away from our southern border.

The nonprofit Human Rights First estimates that the U.S. needs at least 524 judges working to address the immigration court backlog, in addition to more law clerks and administrative support.

More asylum officers are also needed. Human Rights First estimates that with 800 asylum officers on the job, we could get rid of the backlog by 2022.

Solving the problem of our nation’s backlogged immigration courts should be a priority for any administration to ensure that the system functions in a timely and efficient manner.

Lindsay M. Harris, Assistant Professor of Law, University of the District of Columbia

This article was originally published on The Conversation. Read the original article.

How World War I sparked the artistic movement that transformed black America

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Aaron Douglas. “Aspects of Negro Life: From Slavery to Reconstruction.” Oil on canvas, 1934. The New York Public Library, Schomburg Center for Research in Black Culture, Art and Artifacts Division.

Elizabeth J. West, Georgia State University

Though we often discuss World War I through the lens of history, we occasionally do it through literature. When we do, we’ll invariably go to the famous trilogy of Hemingway, Faulkner and Fitzgerald – the authors most representative of America’s iconic Lost Generation. Their work is said to reflect a mood that emerged from the ashes of a war that, with its trail of carnage, left survivors around the world with a despairing vision of life, self and nation.

The anxiety and hopelessness of the Lost Generation has become embedded in literary and cultural history. But for black artists, writers and thinkers, the war meant something entirely different: It spawned a transformation of the way African-Americans imagined themselves, their past and their future.

With Africa as a source of inspiration, a “New Negro” emerged out of the ruins of the Great War – not broken and disenchanted, but possessed with a new sense of self, one shaped from bold, unapologetically black models.

Denying an African legacy

Before World War I, African-American literature depicted stoic, but constrained, black protagonists. They emulated European codes of class and respectability while rejecting any sort of African legacy or inheritance. In other words, they talked like white people, dressed like white people and accepted the narrative that white men were the source of America’s greatness.

From the most well-known 19th-century African-American writer, Frederick Douglass, to his less remembered contemporary, Alexander Crummell, literary black advocacy or racial uplift too often rested on this approach.

Still, in the years leading up to World War I, there were rumblings of the “New Negro” archetype. For example, in Paul Laurence Dunbar’s 1902 novel “The Sport of the Gods” and Pauline Hopkins’ serialized novel “Hagar’s Daughter,” we see restless, dissatisfied young people who have no desire to become shuffling, servile second-class citizens.

This defiance, however, would not become widespread in African-American literature until the end of the war.

A ‘New Negro’ emerges

Black soldiers abroad during World War I experienced a type of freedom and mobility unattainable back home. In cities from London to Paris, many, for the first time, could travel without the worry of being denied equal lodging accommodations or admission to entertainment venues.

Once they returned stateside, they became increasingly impatient with Jim Crow laws and codes of racial discrimination. Life, they realized, didn’t have to be this way. In a nation that was now half a century beyond slavery, the fever spread among a new generation of blacks.

A group of soldiers pose from the 93rd Division’s 369th Infantry Regiment, which was nicknamed the ‘Harlem Hellfighters.’
US National Archives

In the war’s aftermath, racial tensions heightened – a reflection of this mood. The summer of 1919 was known as the “Red Summer” for the number of race riots that erupted around the country, with one of the worst in Chicago, where 38 people died.

And in black literature, African-American characters no longer looked to the white man – or his nations – as models of civilization. In his 1925 anthology entitled “The New Negro,” writer, philosopher and Howard University professor Alain Locke has been credited with marshaling in the era we now know as the Harlem Renaissance. Locke, in his text, called on a generation of emerging black writers, artists and activists to look to Africa and to black folk culture in the United States and the Americas as a way to mine and explore a new strand of humanity.

We see this in Langston Hughes’ poetry; in “The Negro Speaks of Rivers,” he heralds Africa as source of creativity and cultural grounding:

   I built my hut by the Congo and it lulled me to sleep.
   I looked upon the Nile and raised the pyramids above it.

Two Jakes – one black, one white

Unlike the emerging literati of the Lost Generation, blacks, for the most part, weren’t angst-ridden over a post-war world devoid of meaning: they had never internalized the myth of America as a shining “city upon a hill.” For them, the war brought no end or loss, no disillusionment or void.

Claude McKay.
Wikimedia Commons

We see this difference if we compare Hemingway’s protagonist Jake in “The Sun Also Rises” (1926) to Claude McKay’s protagonist in “Home to Harlem” (1928), also named Jake. Unlike Hemingway’s lost, sullen and impotent hero who can’t find his way home, McKay’s Jake happily traverses Europe for a period after the war until he realizes he yearns for home.

While life is still a struggle and racism persists, McKay’s hero looks to the future with hope; he returns to Harlem where he relishes the many shades of black and brown beauties that he missed in Europe. McKay’s Jake immerses himself in a black world of love and laughter – a place that loudly celebrates life. He becomes inspired not by the readings and ideals of white thinkers and writers, but through black prototypes in and beyond America. His West Indian co-worker introduces him to Toussaint L’Ouverture and Jean-Jaques Dessalines, the black heroes of the Haitian Revolution, and to the history of great African empires dating back to antiquity.

In the literary works of black women, a new ethos also emerged. In Zora Neale Hurston’s 1937 novel “Their Eyes Were Watching God,” the main character, Janie, is daring in her quest for freedom: She leaves the confines of her restrictive community to take up with a younger man.

Black musicians, artists and writers of the Harlem Renaissance are celebrated as leaders of this transformative era in black history. But Harlem wasn’t alone. Cities such as Kansas City, St. Louis and Chicago also became hubs of black cosmopolitanism.

Above all, the African-American literary works born out of the ashes of World War I went on to spur the bold spirit of resistance of the African-American protest movement into the 21st century.

We also see that American literature is not a monolith of interpretation and experiences: In the case of post-World War I literature, even though one generation was lost, another was found.

Elizabeth J. West, Professor of English, Georgia State University

This article was originally published on The Conversation. Read the original article.

The Conversation

Why states are pushing ahead with clean energy despite Trump’s embrace of coal

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Alamosa Photovoltaic Plan, south-central Colorado.
Energy.gov/Flickr

Bill Ritter, Jr., Colorado State University

On Tuesday, March 28, President Trump traveled to the Environmental Protection Agency to sign an executive order rolling back a number of climate-related regulations that have taken effect over the past eight years. The president’s team claims this effort will help bring our nation closer to energy independence, and that it will begin the process of resuscitating a coal industry that has experienced serious decline in the past decade.

In reality, it will do neither. We do not import coal into the United States. There are no jobs coming back from overseas. Moreover, and somewhat ironically, the chief reason for the decline in the coal industry is not Obama-era regulations, but a rapidly changing energy market.

Any energy market analyst will tell you that advances in hydraulic fracturing and horizontal drilling have provided us with cheap, abundant, natural gas. Add to that declining price curves in wind and solar generation, and one begins to appreciate that a difficult road lies ahead for coal. These are markets that are growing with rapid technological innovation.

USEIA

The shift is underway

The fact is that the Obama administration’s Clean Power Plan codified where the utility industry was already going. With publicly announced retirements, roughly 45 percent of the existing coal capacity in the western grid will be retired by 2030. According to utility integrated resource plans, by 2026, just shy of half of the total energy in the West will be generated from zero-emitting resources.

The 11 western states that my center had been convening around implementation of the Clean Power Plan are, collectively, in compliance with the plan’s 2026 targets under business as usual. Ironically, removing the Clean Power Plan just eliminates a potential for market-based emission trading that would lower costs to consumers and provide some states with a glide path to meet their targets.

This is not to say that the regulatory rollbacks in President Trump’s order will have no impact. The international community, which crafted the landmark Paris Accord, will not have the benefit of U.S. leadership on climate change. Other nations will fill that void – while reaping the economic rewards of serving a growing global market with low-carbon technologies. One of the most troubling long-term impacts of these actions will be a declining global view of America as a source of innovation and investment.

U.S. Secretary of State John Kerry, holding his granddaughter, signs the Paris Agreement, April 22, 2016.
U.S. Department of State/Wikipedia

At home, should the Clean Power Plan expire, states that have been reticent to advance a clean energy agenda will no longer be required to plan for emissions reductions. The Clean Power Plan brought certainty to energy planning. If you talk to American utility executives and their investors, they crave certainty because it lowers the cost of capital and saves money for consumers. The executive order is a step away from stability in our energy markets and away from America’s leadership as an innovator developing the technologies that will serve a growing global market.

States, cities and businesses are moving forward

Attempts to roll back important environmental safeguards are being sold to the American people under the rubric of job creation. Let’s put this in the proper context: There were 65,971 jobs in coal mining nationwide in 2015. According to the Department of Energy, more than twice as many jobs – 133,000 – were created last year just in the energy efficiency industry. In 2016 the solar workforce grew by 25 percent to 374,000 and the wind workforce grew by 32 percent to 102,000. One in 50 new jobs in America is now in solar energy.

From 2007 to 2011, as Governor of Colorado, I signed 57 pieces of legislation intended to transition Colorado to a clean energy economy. After leaving office I founded the Center for the New Energy Economy at Colorado State University with the intention of working with governors, state legislators and utility regulators on clean and advanced energy policy. In our work at the center, my team and I have become confident that states, cities and private companies are taking the lead in the clean energy transition, even as the federal government flounders. Today 37 states, comprising two-thirds of the U.S. population, have renewable portfolio standards that require electric utilities to generate or purchase a percentage of their power from renewable energy.

Governors from both parties have led this transition. Seventeen governors have joined the Governors’ Accord for a New Energy Future, including the Republican Governors of Nevada, Iowa, Michigan, Massachusetts, New Hampshire and Vermont. In doing so, they have all committed to diversify their states’ energy generation with clean energy sources, modernizing energy infrastructure and encouraging clean transportation. In addition, 129 U.S. cities have signed the Compact of Mayors’ pledge to address climate change.

Thirty-three U.S.-based companies, the likes of Coca-Cola, GM, Goldman Sachs, HP, Johnson & Johnson and Nike, have committed to a goal of using 100 percent renewable energy as part of the RE100 Initiative. Some 50 U.S. companies will need to purchase 17 gigawatts of renewable energy by 2025 – enough to power the entire state of Colorado – in order to fulfill their existing corporate targets.

True leadership requires a vision that looks to new markets, new technologies and new solutions. Unfortunately, the president’s actions on Tuesday look backward toward a fading horizon, rather than forward toward a bright and promising future.

Bill Ritter, Jr., Director, Center for the New Energy Economy, Colorado State University

This article was originally published on The Conversation. Read the original article.

Climate politics: Environmentalists need to think globally, but act locally

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The outdoor retail industry is moving its lucrative trade show out of Utah after disputes with state officials over land conservation.
AP Photo/Rick Bowmer

Nives Dolsak, University of Washington and Aseem Prakash, University of Washington

As President Trump pivots from a failed attempt to overhaul health care to new orders rolling back controls on carbon pollution, environmentalists are preparing for an intense fight. We study environmental politics, and believe the health care debate holds an important lesson for green advocates: Policies that create concrete benefits for specific constituencies are hard to discontinue.

Opinion polls and hostile audiences at Republican legislators’ town hall meetings show that the Affordable Care Act won public support by extending health insurance to the uninsured. And this constituency is not shy about defending its gains.

The same lesson can be applied to environmental issues. In our view, environmentalists need to defend environmental regulations by emphasizing their concrete benefits for well-defined constituencies, and mobilize those groups to protect their gains.

Environmentalists should continue making broad, long-term arguments about addressing climate change. After all, there is an important political constituency that views climate change as the defining challenge for humanity and favors active advocacy on climate issues. At the same time, however, they need to find more ways to talk about local jobs and benefits from climate action so they can build constituencies that include both greens and workers.

Pork-barrel environmentalism?

Americans have a love-hate relationship with pork-barrel politics. Reformers decry it, but many legislators boast about the goodies they bring home. As former Texas Senator Phil Gramm once famously crowed, “I’m carrying so much pork, I’m beginning to get trichinosis.” And pragmatists assert that in moderate quantities, pork helps deals get made.

Classic studies of the politics of regulation by scholars such as Theodore Lowi and James Q. Wilson show that when benefits from a regulation are diffused across many people or large areas and costs are concentrated on specific constituencies, we can expect political resistance to the regulation. Groups who stand to lose have strong incentives to oppose it, while those who benefit form a more amorphous constituency that is harder to mobilize.

On Feb. 16, 2017, after signing legislation to repeal a rule regulating disposition of coal mining waste, President Trump celebrates with coal miners and legislators from Ohio and West Virginia.
AP Photo/Carolyn Kaster

We can see this dynamic in climate change debates. President Trump and EPA Administrator Scott Pruitt contend that undoing carbon pollution controls will promote job growth. Cecil Roberts, president of the United Mine Workers of America, argues that the Obama administration’s Clean Power Plan will destroy coal jobs and communities, and that “green jobs” in clean energy industries are unlikely to be located in coal country.

Climate change can be framed in many ways, and there has been much discussion about which approaches best engage the public. Environmental advocates can do a better job of emphasizing how climate regulations produce local benefits along with global benefits.

One promising initiative, the BlueGreen Alliance, is a coalition of major labor unions and environmental organizations. Before President Trump’s recent visit to Michigan, the alliance released data showing that nearly 70,000 workers in well over 200 factories and engineering facilities in Michigan alone were producing technologies that helped vehicle manufacturers meet current fuel efficiency standards. Regulations can be job creators, but this truth needs to be told effectively.

Pipelines: Local jobs or global environmental protection

President Trump’s approval of the Keystone XL and Dakota Access pipelines demonstrates the difficulty of fighting locally beneficial programs with global arguments.

Environmentalists argue, correctly, that both pipelines are part of the infrastructure that supports the fossil fuel economy. For example, by some estimates the KXL pipeline could increase global carbon dioxide emissions by as much as 110 million tons annually by making possible increased oil production from Canadian tar sands.

Rally against the Keystone XL pipeline, Washington, D.C., Feb. 3, 2014.
Rocky Kistner, NRDC/Flickr, CC BY

However, both the AFL-CIO and the Teamsters support the projects. They believe pipelines create jobs, although there is broad disagreement over how many jobs they generate over what time period.

By endorsing both pipelines, Trump is probably seeking to consolidate his support among midwestern working-class voters who believe, rightly or wrongly, that urban environmental elites are imposing job-killing regulations. But these pipelines also impose local costs, which have spurred Native American protests against DAPL and opposition to KXL from farmers, ranchers and citizens in Nebraska.

Local protests have not changed the Trump administration’s political calculus on DAPL or KXL, which is why opponents in both cases are turning to the courts. But in other instances environmental groups have successfully mobilized communities by highlighting local issues.

Conserving Utah’s public lands

Federal control of public lands is a sore issue for Republicans, particularly in western states. Utah offers a fascinating example. State politicians want to reverse President Obama’s designation of the Bears Ears National Monument and reduce the amount of land included in the Grand Staircase-Escalante Monument. But conservationists successfully blocked recent efforts by allying with the outdoor recreation industry.

By some estimates Utah’s outdoor recreation industry employs 122,000 people and brings US$12 billion into the state each year. Utah hosts the biannual Outdoor Retailer trade show, which brings about $45 million in annual direct spending.

In response to Utah officials’ efforts to roll back federal land protection, the outdoor retail industry has announced that it will move the prestigious trade show to another state after its contract with Salt Lake City expires in 2018. Patagonia is boycotting the 2017 summer show and asking supporters to contact Utah politicians and urge them to keep “public lands in public hands.” The bicycle industry is also planning to move its annual trade show to a location outside Utah.

Governor Gary Herbert has reacted by offering to negotiate with the industry. U.S. Rep. Jason Chaffetz introduced a bill in January that called for selling off more than three million acres of federal land in Utah, but withdrew it after massive protests from hunters, anglers and outdoor enthusiasts. Hunters and gun owners are important constituents for Chaffetz and other conservative Republican politicians.

Wetland restoration project sponsored by the hunting and conservation organization Ducks Unlimited, Barron County, Wisconsin.
Wisconsin DNR/Flickr, CC BY-ND

Renewable energy means high-tech jobs

Environmentalists also successfully localized green regulations in Ohio, where Republican Governor John Kasich vetoed a bill in December 2016 that would have made the state’s renewable electricity targets voluntary instead of mandatory for two years.

As a politician with presidential ambitions who claims credit for his state’s economic success, Kasich knows that several high-tech companies in Ohio have committed to switching to renewable energy. As one example, Amazon is investing in local wind farms to power its energy-intensive data servers, in response to criticism from environmental groups.

Ohio froze its renewable energy standards for two years in 2014 after utilities and some large power customers argued that they were becoming expensive to meet. But when the legislature passed a bill in 2016 that extended the freeze for two more years, a coalition of renewable energy companies and environmental groups mobilized against it. In his veto message, Kasich noted that the measure might antagonize “companies poised to create many jobs in Ohio in the coming years, such as high-technology firms.”

In sum, environmental regulations have a better chance of surviving if there are mobilized constituencies willing to defend them. And in the longer term, a local and job-oriented focus could expand the blue-green alliance and move the working class closer to the environmental agenda.

Nives Dolsak, Professor of Environmental Policy, University of Washington and Aseem Prakash, Walker Family Professor and Founding Director, Center for Environmental Politics, University of Washington

This article was originally published on The Conversation. Read the original article.

The Conversation

Is the DNC taking pages out of the Florida Democratic playbook?

The Florida Squeeze

Florida Democrats have patented how to lose elections, spin narratives internally to maintain some degree of control and make ideology all about the opposition to the other side rather than anything values based. Given the runaway success Florida Democrats have had in maintaining control of a weakened party and pushing business to consultants and campaign professionals who have almost nothing to show on their resume other than General Election losses (but importantly for the maintenance of control, lots of primary wins). I will note that the Democratic response to President Trump’s speech given by Governor Steve Beshear was excellent and perhaps means we will see more emphasis on economic issues and less on identity. But for now the critique of the Democrats remains because Beshear’s response is just an isolated data point until we see more evidence of a shifting Democratic narrative.

The DNC seems to be mimicking the Florida…

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Donald Trump and Andrew Jackson: More in common than just populism

U.S. President Donald Trump speaks in front of a portrait of former U.S. President Andrew Jackson. REUTERS/Kevin Lamarque
U.S. President Donald Trump speaks in front of a portrait of former U.S. President Andrew Jackson. REUTERS/Kevin Lamarque

Billy J. Stratton, University of Denver

At President Donald Trump’s request, a portrait of former President Andrew Jackson now hangs in the Oval Office. Commentators have cast Trump’s populist appeal and inaugural address as “Jacksonian,” while others have tried to emphasize their major differences. One writer lauded Jackson as “the president who, more than any other, secured the future of democracy in America.” The Conversation

However, these comparisons overlook experiences of marginalized people while defining history in terms of the ideologies of progress and American exceptionalism.

Jackson’s intolerant attitudes and harsh treatment of African-American and Native American peoples have not gone without mention. They are indeed inescapable. As a scholar who has written about Native American history and literature, I am aware of just how often the perspectives of native people are neglected in conventional historical discourse.

The criticisms Trump has directed against Indian casinos in the 1990s, along with his insult of calling Senator Elizabeth Warren “Pocahontas,” casts his veneration of Jackson in a particularly disturbing light.

Andrew Jackson and the Trail of Tears

Jackson was a staunch supporter of slavery and policies that forcibly removed Indians from their lands. The passage of the 1830 Indian Removal Act was aimed at isolating native peoples to prevent conflict over territory and allow increased settlement.

The solution, originally conceived by Thomas Jefferson, was to empower the government to evict native peoples living east of the Mississippi River from their lands. Those subjected to removal would be moved “beyond the white settlements” to distant reservations in the West, known at the time as “Indian territory.” It was a form of segregation.

R. Ridgway, engraving, c.1859, Muscogee Creek Chief William Weatherford surrenders to Andrew Jackson after the 1814 Battle of Horseshoe Bend. As a result, Jackson forced the Creek to cede over 20 million acres of land in Alabama and Georgia, including almost two million acres claimed by Cherokee Nation, allies who had fought in support of Jackson’s forces.
Library of Congress

In 1832, the Supreme Court struck down Georgia laws aimed at depriving the Cherokee people of their rights and property in Worchester v. Georgia. The court affirmed a degree of native political sovereignty and annulled state jurisdiction over native lands. It was the final case of the so-called Marshall trilogy, named for Chief Justice John Marshall – the author of the majority decisions – and established major precedents of federal Indian law.

The immediate effect of the decision was to grant protections to the Cherokee Nation, and by extension to other tribes. It could have prevented forced removals, but Jackson was reportedly indignant at the result. According to the famed journalist Horace Greeley, Jackson was said to have responded, “John Marshall has made his decision, now let him enforce it.”

Whether Jackson spoke those words has been contested by historians ever since. But his strong support for removal policy and subsequent refusal to enforce the court’s decision made his position clear. The response was a stern rebuke of the legitimacy of the Supreme Court, the doctrine of the separation of powers, the rule of law and ultimately the Constitution.

The result was the Trail of Tears, in which Cherokee and other native peoples of the Southeast were forced at gunpoint to march 1,200 miles to “Indian territory.” Thousands of Cherokee died during the passage, while many who survived the trek lost their homes and most of their property. Ironically, much of the land on which the Cherokee and other removed tribes were settled was opened to homesteading and became the state of Oklahoma some 60 years later.

Yet, the violent manner by which removal was carried out had been ruled illegal and unconstitutional by the Supreme Court in the Worchester case.

New assault on native rights?

The new administration is showing similar malice toward the legal status and rights of native peoples secured in American law. For example, Trump recently lifted President Obama’s injunction halting the construction of the Dakota Access Pipeline. Last week’s eviction of pipeline opponents from Sacred Stone Camp, led by the Standing Rock Sioux Nation, under threats of arrest has led to renewed uncertainty about native rights.

Statements by Trump’s advisers and government officials calling for the privatization of native lands guaranteed by treaties to seize valuable natural resources have only heightened these concerns.

This rhetoric echos policies that oppressed native people in the past. These include allotment, extending from 1887 to the 1930s, which eliminated communal ownership and led to the taking of millions of acres of native land. This was followed by termination and relocation of the 1950s, aimed at eliminating the legal status of native people while sending individuals from reservations to urban areas, further depriving native peoples of their lands, liberty and culture.

Native treaties are unequivocally assured in Article 6, the Supremacy Clause, of the U.S. Constitution. It states: “all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land…”

Tribal leaders negotiated treaties in good faith to reserve what amounts to a fraction of their original lands, with all attendant rights. Privatizing tribal lands would be a violation of these treaties.

The casual rejection of these covenants heighten the insecurity among native people evoked by Trump. His esteem for Jackson and their shared attitudes toward their legal rights and status should give us pause. That journalists and historians continue to offer positive views of Jackson’s presidency in light of this legacy underscores how the suffering of native people continues to be ignored.

Billy J. Stratton, Professor of contemporary American literature and culture; Native American studies, University of Denver

This article was originally published on The Conversation. Read the original article.

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Red state rural America is acting on climate change – without calling it #climatechange

One primary concern in rural areas: higher temperatures put strain on water and energy sources. AP Photo/Robert Ray
One primary concern in rural areas: higher temperatures put strain on water and energy sources. AP Photo/Robert Ray

Rebecca J. Romsdahl, University of North Dakota

President Donald Trump has the environmental community understandably concerned. He and members of his Cabinet have questioned the established science of climate change, and his choice to head the Environmental Protection Agency, former Oklahoma Attorney General Scott Pruitt, has sued the EPA many times and regularly sided with the fossil fuel industry.

Even if the Trump administration withdraws from all international climate negotiations and reduces the EPA to bare bones, the effects of climate change are happening and will continue to build.

In response to real threats and public demand, cities across the United States and around the world are taking action to address climate change. We might think this is happening only in large, coastal cities that are threatened by sea-level rise or hurricanes, like Amsterdam or New York.

Research shows, however, that even in the fly-over red states of the U.S. Great Plains, local leaders in small- to medium-size communities are already grappling with the issue. Although their actions are not always couched in terms of addressing climate change, their strategies can provide insights into how to make progress on climate policy under a Trump administration.

‘Deliberate framing’

My colleagues and I did a survey of over 200 local governments in 11 states of the Great Plains region to learn about steps they’re taking to mitigate the effects of climate change and to adapt to them. We found local officials in red states responsible for public health, soil conservation, parks and natural resources management, as well as county commissioners and mayors, are concerned about climate change, and many feel a responsibility to take action in the absence of national policy.

In terms of framing, using wind energy is a way to improve local air quality and save money on energy, while also reducing emissions from fossil fuels.
paytonc/flickr, CC BY-SA

But because it is such a complex and polarizing topic, they often face public uncertainty or outrage toward the issue. So while these local officials have been addressing climate change in their communities over the past decade, many of these policy activities are specifically not framed that way. As one respondent to our survey said:

“It is my personal and professional opinion that the conservation community is on track with addressing the issue of climate change but is way off track in assigning a cause. The public understands the value of clean water and clean air. If the need to improve our water quality and air quality was emphasized, most would agree. Who is going to say dirty water and dirty air is not a problem? By making the argument ‘climate change and humans are the cause’ significant energy is wasted trying to prove this. It is also something the public has a hard time sinking their teeth into.”

In order to address the vulnerabilities facing their communities, many local officials are reframing climate change to fit within existing priorities and budget items. In a survey of mayors, we asked: “In your city’s policy and planning activities (for energy, conservation, natural resources management, land use, or emergency planning, etc.) how is climate change framed?” The following quotes give a sense of their strategies.

“In terms of economic benefit & resource protection. This framing was deliberate to garner support from residents who did not agree with climate change.”

“We frame the initiative as: energy savings (=$ savings), as smart growth/good planning, and as common sense natural resource management. Climate change is only explicitly referenced in our Climate Protection Plan adopted in 2009. Most initiatives fall under the “sustainability” umbrella term.“

“We mask it with sustainability, we call it P3 (People, Planet, Prosperity)”

“The initial interest in climate change came about as a result of concern about the potential for poor air quality affecting economic development in the City. Air quality and climate change were framed as being extremely related issues.”

“Climate change is framed as one of several benefits of conservation measures. Other benefits of conservation, recycling, walking, etc. include it’s ‘good for the earth’ (regardless of climate change), healthful, economical, etc.”

The results show that energy, economic benefits, common sense and sustainability are frames that are providing opportunities for local leaders to address climate change without getting stuck in the political quagmire. This strategy is being used across the Great Plains states, which include some of the most climate-skeptical areas of the country.

Local needs and values

Every region of the U.S. will need to address practical questions of how states and local communities can reduce emissions and adapt to climate impacts. Under the Trump administration, it is likely any progress on U.S. climate policy will continue at these subnational levels. That’s why a variety of experts argue that we should encourage the types of pragmatic strategies now being employed by local leaders in red states.

In the Great Plains in particular, local officials are facing severe impacts from higher temperatures, which will place greater demands on water and energy.

Capturing methane gases from landfill can reduce greenhouse gas emissions and be a local source of fuel for power.
Minnesota Pollution Control Agency, CC BY-NC

In our research we found local leaders focus on regional and local issues such as drought, energy and flooding. These are problems that are tied to climate change, but are already a priority on the local level. And the sought-for improvements, such as energy savings, health benefit and flood management, fit well with local needs and values.

For example, Fargo, North Dakota mitigates some of its greenhouse gas emissions and created a new source of city revenue by capturing the methane from its landfill facility and selling that gas to the electricity company. The city trash is now providing renewable energy for local residents and an industrial facility.

Perhaps the question facing us is: Should we reframe climate change and other environmental problems to fit the Trump administration’s priorities with a strong focus on practical solution ideas? For example, Trump has stated that infrastructure projects will be a high priority. That could easily translate into fixing the drinking water crisis experienced by Flint, Michigan and many other cities where it is likely to happen; Trump has also highlighted mass transit, which could help reduce air pollution and carbon emissions.

With an administration eager to expand fossil fuel development and consumption, the outlook for federal action on reducing climate-altering greenhouse gases is dire. Given that, reframing climate change to address cobenefit issues seems a logical strategy, and we can look for local government leaders in red states to show the way.

The Conversation

Rebecca J. Romsdahl, Professor of Environmental Science & Policy, University of North Dakota

This article was originally published on The Conversation. Read the original article.

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