Wednesday, June 17, 2009
"IN DEMOCRACY'S SHADOW: FENCES, RAIDS, AND THE PRODUCTION OF MIGRANT ILLEGALITY" by Daniel Ibsen Morales
Dr. Eloisa Garcia Tamez separated from ancestral lands by the mega-project border wall constructed by the United States against the firm protests of the Nde' of El Calaboz Rancheria and from related Nde' across the United States.
University of Wisconsin Law School, Legal Studies Research Paper Series, Paper No. 1068, January 2009, Daniel Ibsen Morales
Excerpt (pp 103-104):
"the government knows that the fence is ill-conceived. State-authored reports show, and experts agree, that the project is a classic white elephant; it is expensive, breachable, and its most dramatic effect is to shift migration pathways to dangerous areas where migrants are more likely to die en route to the United States."
Excerpt (p 129):
"The congruence, though, between Tamez‘s case in domestic court and in the international arena is not accidental; the origins of the international human rights regime are distinctly American.119 And, as in the domestic sphere, this story might be different if the Group was not conceding, as it must, the basic point that the right to property it asserts is very limited because ―the U.S. government has the right to subordinate the use of private property for reasons of public utility and social interest.‖120 As it stands, however, this international briefing (as well as the briefings in Tamez) attack and subjugate the administrative while reinscribing the primacy and unimpeachability of democratic authority, and leave out as uncognizable the deeper rights she has to the land (due to her Amerindian and Spanish heritage). Put plainly, the structure of the suits only reinforces the existing power relationships that lead to Tamez‘s problem in the first instance."