7-1 Project

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7-1 Project: Deconstructing Anti-Immigrant Narratives Southern New Hampshire University HIS 217: Diverse Historical Narratives 23EW1 Professor Darrin Dobbins October 15, 2023

2 For my time capsules I chose “Deconstructing Anti-Immigrant Narratives”. As defined by Salem Press Encyclopedia (2023), “Immigration is the relocation of people to new countries, typically with the hope of becoming long term residents or citizens.” Immigration is seen all over the world, in every country. Unfortunately, most of the time, immigrants are considered to be "illegals". This is due to the fact that people frequently visit foreign countries illegally rather than legitimately. A few requirements must be fulfilled in order to lawfully enter a foreign country. Salem Press Encyclopedia (2023) states that, “To immigrate legally, they must satisfy the requirements of the countries to which they hope to immigrate. This may involve preparing and providing the necessary paperwork, passing tests of knowledge, and pledging allegiance to the new country”. A question to ask is, why do people want to immigrate to different countries? There are many reasons as to why one may want to immigrate to a new foreign country. Just to name a few are for family purposes, in this situation, families that are split between two nations may immigrate to one nation in order to reconnect; this process, which involves immigrants helping their relatives move so they can join them in a new nation, is frequently referred to as chain migration. Another reason to immigrate is for employment, millions of people move elsewhere in pursuit of better employment opportunities or career opportunities. The final reason I will mention is for humanitarian reasons, refugees and asylum seekers may travel to other countries for safety reasons in an effort to flee conflict, famine, natural catastrophes, and persecution. In the early 2020s, 280.6 million people—or 3.6% of the world's population—were living as migrants outside of their country of nationality, according to a United Nations estimate. This number included both immigrants and refugees. In reality, over many centuries of constant human migration and exploration, people have dispersed throughout the earth. According to scientists, Africa is where the earliest modern

3 humans first appeared millions of years ago. From there, these prehistoric inhabitants began to explore and establish themselves in ever-more distant regions as a result of continued genetic and scientific improvement over time. Researchers argue on the routes that were followed by the earliest people inside and outside of Africa because of different interpretations of the little evidence that has been found. Their migrations are the focus of numerous ideas and theories. According to some theories, humans left Africa in a single, massive wave that split into multiple directions as some people travelled in the direction of Europe, Asia, or what is now Australia. Other researchers use an example that depicts the departure of early humans from Africa in numerous smaller waves, some of which made turns to the north, northeast, northwest, or southwest. Additionally, other theories suggest that after travelling in Europe or Asia, these early explorers eventually made their way back to Africa to settle. In the end, people traveled much further and settled in the Americas and other places. People's movements have continued to have a huge impact on the world and on history. Due to the crucial role immigrants played in the establishment of the United States, many historians see it as a prime example of a "nation of immigrants." The country was founded on territory that was formerly inhabited by a variety of Native American tribes; as European settlers from Great Britain, France, Spain, and other countries started to settle North America in the sixteenth century, many Indigenous people were driven from their homes, killed, or passed away from disease. Since the United States became an independent country after the American Revolutionary War (1776–83), waves of immigrants, refugees, and other migrants have continued to arrive from all over the world, helping to build a society that is highly pluralistic and inclusive of all major races, ethnicities, religions, and languages. New waves of immigrants often found it difficult to adapt and blend in when they arrived in the US. They frequently had to deal with prejudice from Americans who held nativist,

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4 or anti-immigrant, ideas as well as legislation that was hostile to immigrants. Immigrants have typically taken tough, dangerous, and low-paying jobs and resided in poor, cramped, and underserved communities at higher percentages than native-born residents in the United States and other countries. With the exception of Antarctica, whose temperature is unfavorable, humans have permanently populated every continent and established almost 200 nations. Their cultures may speak any of tens of thousands of languages, follow dozens of different religions, and practice an infinite number of different traditions. The majority of historians, political scientists, and sociologists agree that immigration is primarily a good factor that enables new ideas and lifestyles to be planted in new locations, hence enhancing global knowledge, capability, and diversity. The enormous diversity of human life that exists now is a result of millions of years of human migration. Immigration between nations and continents continues this process, resulting in countless new variations in populations and cultures every year. Additionally, trends like globalization and climate change make it likely that population movement will only rise over time. The existing immigration system in the United States is unfair, arbitrary, harsh, and ineffective. Additionally, it is crucial to establish clear rules that define key terminology in order to challenge anti-immigrant narratives in the legal community; nevertheless, the United States' definition of a refugee has changed numerous times since the nation signed the 1967 refugee protocols. Who may be awarded asylum is unclear due to the constant definitional changes. Many asylum seekers still have to go through the interview procedure, maybe spend time in custody without access to food, drink, or sanitary facilities, and wait for their hearing date without the benefit of legal representation even after they are in the United States. As mentioned in the Georgetown Immigration Law Journal (2021), “the most often invoked definition of

5 refugee comes from two significant international conventions: the 1951 International Convention on the Status of Refugees (the “1951 Convention”) and the 1967 Protocol on the Status of Refugees (the “1967 Protocol”). The two conventions define “refugee” as a person: [who] owing to [a] well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country”. This concept excludes those escaping war and civil unrest because it concentrates on individual persecution. International law would therefore recognize one person as a refugee if they had a "well-founded fear of being persecuted," but it would not recognize another person as a refugee if their concern is merely related to conflict and instability. In simple terms, international law would permit these individuals to slip through the cracks, putting their family at risk of death as well as themselves. The negative view of immigration is further heightened by many overestimations and underestimations made by Americans born in the country, in addition to the legal drawbacks. Many people are unaware that migrants often leave because they believe they have no other option. The chance for sharing stories can encourage migrants and those in like situations to look for safety outside of their country despite a subjective classification. In an unstable system, the harm done to immigrants must be acknowledged and fixed. Hopefully, those who disagree will, at the very least, gain some insight into the viewpoint of migrants and make an informed choice. Immigration reform requires migrant narratives. Audiences will be deprived of crucial information that impacts the migrant if the migrant whose life is being affected by an immigration policy is unable to tell their narrative. The use of the narrative form can highlight intersecting issues and unfold the complexity of the immigrant experience," addressing the

6 common perception of the "bad alien" held by those who oppose immigration. Raising conversations actively stimulates many viewpoints and offers responses to criticisms, for sure. By empathizing with the migrant's stories, the narrative should be changed from one that portrays those who enter the country "illegally" as guilty of a "crime" and should be imprisoned or torn away from their families. After all, migrants' perspectives could help remove the common misconception that all immigrants seek a better life in America because for many, "traveling to the United States feels like a last refuge." The courtroom itself has constraints. The first set of restrictions are structural. Immigration judges are seen as the attorney general's go-betweens for enforcing deportations, and immigration courts are headquartered inside the U.S. Department of Justice. Immigration courts likewise fail to be neutral in perspective and continue to be structurally faulty, contrary to the claim made by critical race theorists that laws cannot be drafted from a neutral standpoint. We lack independent Article 1 courts that are not under the jurisdiction of the attorney general, narratives will give voices that would otherwise be silenced a platform and fight the inherent bias in the legal system. The courts suffer from inefficiencies. Due to judges' heavy caseloads, they are forced to move quickly through their dockets, which causes attorneys to rush through opening and closing arguments and direct and cross examinations. Similarly, it is challenging to be receptive to hearing the views of individuals who have experienced oppression when Supreme Court justices publicly refer to immigrants as "illegal" and "aliens" themselves. In order to overcome the previously mentioned constraints and close the "gap between what passes for truth in the judicial system and what happens in individuals' lives," narratives are crucial. The use of narratives in legislative hearings may be able to help provide a safer place for migrants to appropriately articulate their position because some rights—outside of procedural due process—do not exist in immigration court proceedings.

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7 If an undocumented individual runs the possibility of being recognized and deported due to his identity or residence, a U.S. citizen may even speak on his or her behalf and relate their story. Recent impeachment hearings "took center stage in the migrant hearings." An example given by the Georgetown Immigration Law Journal (2021), “ Polyakova, 37, moved from Ukraine when she was 10 and found the immigrant stories to speak to the “many contributions that immigrations have made to the United States at all levels.” She also noted that the narrative that immigrants do not have the skill and want to take advantage of the system is flawed because there is a long history of immigrants who have shaped the policy of the United States and its vision of itself”. Narratives can be used in the classroom. The purposes of this storytelling technique are numerous. Remember, all students have been affected in some way by the movement of people around the globe. Furthermore, it would be beneficial for all students to see themselves as equal participants in the global story of human migration. By showing shared concerns, hopes, and motives, sharing tales can therefore assist students in establishing common ground across all cultures. Additionally, storytelling can enable both immigrants and citizens to consider various viewpoints, recognize diversity through close contacts, and share unique experiences from both ends of the spectrum, all of which is certainly a learning opportunity. Students who were born in the country will probably be able to understand migrants at a young age and correct myths about what it means to be a migrant and culturally diverse. The opportunity to fight against metaphors that dehumanize and decrease the struggle of migrants will also be presented by storytelling in classrooms. It is impossible to overlook the physical and financial challenges of migrants. We may advance as a group and grow closer to a cohesion-based society by listening to tales rather than depending solely on harsh guidelines like the term "refugee" to decide who to include or

8 deport. By putting migrant tales front and center in our legislative and educational systems— instead of being an afterthought—we can contradict and recast the anti-immigration narratives. We must move away from the opposition between the nation of laws and the nation of immigrants and achieve our goal of unification by making stories the focal point of immigration reform. We need to adopt the viewpoint of those immigrants who have experienced the untruth of liberal ideals, particularly the American dream. This shared experience of migrant existence in a nation traditionally defined by borders and exile will undoubtedly highlight the need for change.

9 Reference:  Dziak, M. (2023). Immigration. Salem Press Encyclopedia  Deswal, A. (2021, October 31). Reframing the anti-immigrant narrative through mi- grant stories in communities, courtrooms, and classrooms . Georgetown Law Journal. https://www.law.georgetown.edu/immigration-law-journal/blog/reframing-the-anti- immigrant-narrative-through-migrant-stories-in-communities-courtrooms-and-class- rooms/

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