Mixed Race Studies

The Tax Sleuth Who Took Down a Drug Lord

The New York Times
2015-12-25

Nathaniel Popper, Wall Street Reporter

Gary Alford, a special agent with the I.R.S., pored over old blog posts and chat room logs that led, eventually, to Dread Pirate Roberts. Cole Wilson for The New York Times

Gary L. Alford was running on adrenaline when he arrived for work on a Monday in June 2013, at the Drug Enforcement Administration office in the Chelsea neighborhood of Manhattan. A tax investigator, he had spent much of the weekend in the living room of his New Jersey townhouse, scrolling through arcane chat rooms and old blog posts, reading on well after his fiancée had gone to sleep.

The work had given Mr. Alford what he believed was the answer to a mystery that had confounded investigators for nearly two years: the identity of the mastermind behind the online drug bazaar known as Silk Road — a criminal known only by his screen name, Dread Pirate Roberts.

When Mr. Alford showed up for work that Monday, he had a real name and a location. He assumed the news would be greeted with excitement. Instead, he says, he got the brushoff.

He recalls asking the prosecutor on the case, out of frustration, “What about what I said is not compelling?”

Mr. Alford, a young special agent with the Internal Revenue Service assigned to work with the D.E.A., isn’t the first person to feel unappreciated at the office. In his case, though, the information he had was crucial to solving one of the most vexing criminal cases of the last few years. While Silk Road by mid-2013 had grown into a juggernaut, selling $300,000 in heroin and other illegal goods each day, federal agents hadn’t been able to figure out the most basic detail: the identity of the person running the site…

…But Mr. Alford also detected the sort of organizational frictions that have hindered communication between law enforcement agencies in the past. Within the I.R.S., Mr. Alford had heard tales of his agency being ignored and overshadowed by more prominent organizations like the F.B.I. The story that resonated with Mr. Alford most strongly was that of the tax agent Frank J. Wilson, who brought down the gangster Al Capone, but who was forgotten in the movie versions of the investigation, which tended to focus on Eliot Ness, the flashier Bureau of Prohibition agent.

“They don’t write movies about Frank Wilson building the tax case,” Mr. Alford said in an interview at the I.R.S.’s Manhattan headquarters. “That’s just how it is.”

Mr. Alford grew up in the Marlboro public housing projects of Brooklyn in the 1980s, a short, half-black, half-Filipino kid in a tough neighborhood. His father, a math teacher, would cite the power of the subject to teach his son how to prevail over difficulties. “If you get the right answer, the teacher can’t tell you anything,” Mr. Alford remembers his father saying. That attitude led Mr. Alford to study accounting at Baruch College and then to the I.R.S., where his skeptical, lone-wolf approach worked well…

Read the entire article here.

Native lawyer takes on tribes that kick members out

The Seattle Times
2015-12-19

Nina Shapiro, Seattle Times staff reporter

Seattle lawyer Gabriel Galanda, a longtime defender of Native American rights, is fighting what he calls an ‘epidemic’ of tribal disenrollment.

Native American lawyer Gabriel Galanda, center, listens to Nooksack members talk about disenrollment. (Steve Ringman/The Seattle Times)

DEMING, Whatcom County — In his big gray truck, Gabriel Galanda makes a notable entrance into a Nooksack tribal-housing development of a couple dozen modest homes, set on a winding road about a half-hour east of Bellingham. Many of the residents, members of a sprawling clan who move easily in and out of each other’s homes, appear with platters of fry bread, chicken adobo, baked halibut, salads, cupcakes and pies.

It’s a feast befitting their biggest defender, one who has made their small tribe of a couple thousand members well-known throughout Indian country, and not in a good way. The Nooksack tribal government for the past three years has been trying to disenroll the clan in this housing development and its extended family — which would strip all 306 of tribal membership.

And for the past three years, Galanda, a Seattle-based Native American lawyer, has been fighting it. The cause has taken the 39-year-old Galanda on a journey, personal and professional, that taps into the heart of what it means to be Native American…

…Galanda’s own ancestors were Native American, Scandinavian, Portuguese and Austrian — a mixed heritage that caused him to question his identity during his formative years.

But he says he kept remembering his grandma, born on California’s Round Valley Indian Tribes reservation, putting him on her knee and saying, in her smoky, gravelly voice, “You’re Nomlaki and Concow. Don’t ever forget it.”

“Before I undertook this work,” Galanda says, “I was really caught up in blood quantum.” Now, he says, “I don’t really care.” He has settled instead on an expansive, evolving notion of “belonging” that takes into account lineage without precise blood calculations or federal documents…

Read the entire article here.

Stateless in the Dominican Republic

Columbia Law School
2015-12-15

Media Contact: Public Affairs, 212-854-2650 or publicaffairs@law.columbia.edu

Human Rights Lawyers Champion the Rights of Disenfranchised Dominicans of Haitian Descent, in a Talk at Columbia Law School

New York, December 15, 2015—The plight of more than 200,000 people in the Dominican Republic who were stripped of their citizenship two years ago by that nation’s highest court was discussed by two human rights attorneys at Columbia Law School. The newly stateless people were Dominican-born to undocumented Haitian immigrant parents or grandparents, and they now face the threat of forced deportation, leading the lawyers to draw parallels to the current debate in the United States over birthright citizenship.

The Nov. 19 event—“Immigration and Black Lives: Haitian Deportations in the Dominican Republic”—was sponsored by Columbia Law School’s Latino/a Law Students Association and Black Law Students Association, and cosponsored by Social Justice Initiatives, the Columbia Journal of Race and Law, and the Human Rights Institute. It was organized by Daily Guerrero ’17, who came to the United States from the Dominican Republic when she was six years old.

Cassandre Théano, an associate legal officer for the Open Society Justice Initiative, explained that in 2013, the Dominican Republic’s highest court denied the daughter of Haitian migrants her “cédula”—or identity papers—confiscated her birth certificate, and applied the decision to anyone born after 1929, revoking the citizenship of Haitian descendants who had been living in the Dominican Republic for generations. “Pretty much every international organization was shocked, and there was a lot of uproar,” Théano said…

“This is really a racial justice issue,” said Natasha Lycia Ora Bannan, president of the National Lawyers Guild and an associate counsel at LatinoJustice PRLDEF, which works with low-wage Latina immigrant workers in the United States. Nearly three-quarters of the Dominican Republic’s population is made up of people of mixed-race heritage, while 95 percent of the Haitian population is black. A language difference also exists, as most Dominicans speak Spanish and Haitians Haitian Creole. “These policies are targeting black and brown people,” Bannan said…

Read the entire article here.

Former Oklahoma City police officer Daniel Holtzclaw found guilty of rape

Cable News Network (CNN)
2015-12-10

Michael Martinez, Newsdesk Editor & Writer

Gigi Mann

(CNN) A jury found former Oklahoma City police officer Daniel Holtzclaw guilty Thursday of some of the most serious charges against him, including sexual battery, forcible oral sodomy and rape.

Holtzclaw faced 36 counts. He was found guilty on 18.

The former officer cried openly in the courtroom and rocked in his chair as the verdict was being read. Jurors deliberated for more than 40 hours over four days.

The Oklahoma City Police Department welcomed the verdict. “We are satisfied with the jury’s decision and firmly believe justice was served,” it said.

Sentencing is set for next month.

His trial touched upon the explosive intersection of race, policing and justice in America.

Holtzclaw, whose father is white and mother Japanese, was accused of assaulting or raping 13 women, all black, while he was on the job. Court records identify his race as “Asian or Pacific Islander.”

The jury was all-white, composed of eight men and four women…

Read the entire article here.

Black Lives Matter in the Dominican Republic

teleSUR
2015-08-11

Auset Marian Lewis

Racial profiling is not just happening in the U.S., Haitians in the Dominican Republic suffer the same discrimination.

“Black lives matter” is a resounding cry heard around the world. The UN Working Group of Experts of People of African Descent said as much in a recent news release regarding the deportation of Haitian residents and migrant workers in the Dominican Republic. Mirelle Fanon Mendes France, head of the U.N. group stated, “The Dominican Republic does not recognize the existence of a structural problem of racism and xenophobia, but it must address these issues as a matter of priority so the country can live free from tension and fear.”

Since June 21 some 19,000 Haitians have fled the Dominican Republic for Haiti fearing the unfair deportation policies that make it difficult for legal residents to comply with demands, which not only disregard the Dominican Constitution but also violate international norms.

In 2013, the constitutional court of the Dominican Republic ruled that offspring of undocumented immigrants would become illegal retroactive to 1929. This immediately invalidated the legal status of an estimated 200,000 Dominican citizens. Of the 450,000 Haitian migrant workers in the country, 290,000 met a filing deadline for legal status. Of those who filed, the government ruled that only 2 percent were legal.

The clash between Haiti and the Dominican Republic on the island of Hispaniola has a strained history beyond the obvious racial differences. Haitians are the dark progeny of the French African slave trade while Dominican Republicans are mulattoes of Spanish descent. The enmity between the two countries is not only racial, but also cultural and historical. However, just as the world witnesses how little Black lives matter in American extrajudicial killings, the mistreatment of dark Haitians could well inspire a #Haitian Lives Matter twitter campaign…

Read the entire article here.

Renowned Legal Historian Discusses Race in America

Gould School of Law News
University of Southern California
2015-10-29

Gilien Silsby, Director of Media Relations

13th Amendment Ratified 150 Years Ago

A monumental moment in the history of the United States will be celebrated in December when the 13th Amendment, which abolished slavery at the close of the Civil War, turns 150 years old. But despite the passage of time, the U.S. continues to struggle with racial inequality. USC Gould School of Law professor Ariela J. Gross has spent years unearthing the legal history of race, which she details in her book, What Blood Won’t Tell: A History of Race on Trial in America (Harvard University Press, 2008).

In her book, Gross recounts stories of racial identity trials in American courts, from the early republic well into the 20th century. The racial identity trials – court cases that determined a person’s “race” as well as their rights and privileges – help explain the history of race and racism in America.

“The 13th Amendment, abolishing slavery and involuntary servitude, followed by two amendments guaranteeing equal protection of the laws and the right to vote to all American citizens, were far-reaching and revolutionary changes to the Constitution,” said Gross. “Yet in some ways the Reconstruction of the United States is still, as Eric Foner called it, an ‘unfinished revolution.’ We have yet to fulfill the promise of the Reconstruction Amendments that we will eliminate the badges of slavery and treat all citizens fairly and equally before the law.”

It’s been 150 years since the 13th Amendment was ratified. Has society moved beyond the concept of race and racist ideology?

AG: Today, race and racism are still with us. If it were true that racism in the past was based only on a now-discredited biological understanding of race – on blood – it would have been relatively easy to eradicate racism with colorblind policies. But despite the hard-won victories of 20th century civil rights struggles – and even the milestone of an African American presidential candidate – racism has survived, in part because its bases are shifting and mobile. For so long as many still believe that differing life chances do and should correlate with one’s performance of identity, one’s ability to achieve citizenship through “blood,” or one’s cultural practices, racism will persist.

What is race, anyway?

AG: We tend to believe race is a fact of nature, a property of blood, that we know it when we see it. But race is a powerful ideology that came into being and changed forms at particular historical moments as the product of social, economic and psychological conditions. Fundamental to race is a hierarchy of power, and this story is about determining racial identity for particular purposes: enslaving some people to free others; taking land from some to give to others; robbing people of their dignity to give others a sense of supremacy…

Read the entire interview here.

This Week in Civil Rights History

New York State United Teachers
2015-09-20

September 20th – Maryland Passes First Miscegenation Law

On this day in 1664, Maryland passed the first Miscegenation Law, banning inter-racial marriage in the United States. As African slavery became more widespread, both laws and customs became more restrictive. The impetus for the ban was their offspring. What legal status should a person of mixed race be afforded? Maryland also barred slaves from owning property. In the West, miscegenation laws applied to Mexicans and to American Indians. A sexual caste system was in place. During Reconstruction, Radical Republicans overturned some miscegenation laws. The Black Codes then emerged to limit all interaction between black and white. White supremacy held that non-whites where genetically inferior. In 1958, Richard Loving, a white man, and Mildred Jeter, a black woman, were married in Washington, D.C. When they returned to Virginia they were arrested. A nine-year legal battle ensued. In 1967, the Supreme Court declared miscegenation laws unconstitutional.

First Look at Ruth Negga and Joel Edgerton in ‘The Loving Story’ (Based on Anti-Miscegenation Case)

Shadow and Act: On Cinema Of The African Diaspora
2015-11-20

Tambay A. Obenson

Ruth Negga and Joel Edgerton as Mildred and Richard Loving, on the set of the movie “Loving,” being shot in Richmond, Va. (Ben Rothstein/Big Beach Films via AP)

Three years ago, director Nancy Buirski’s feature documentary, “The Loving Story,” was released. It follows the real-life story of Richard and Mildred Loving, an interracial couple living in the state of Virginia where interracial coupling was illegal, and their struggles, including the US Supreme Court case named after them – Loving vs Virginia (1967); the landmark civil rights case in which the United States Supreme Court, in a unanimous decision, declared Virginia’s anti-miscegenation statute, unconstitutional, overturning existing laws and bringing an official end to all race-based restrictions on marriage in the United States.

Persecuted by a local sheriff, the Lovings were found guilty of violating Virginia’s law against interracial marriage and forced to leave the state. But Mildred Loving chose to fight. She wrote a letter to Attorney General Robert F. Kennedy asking for help. He referred her to the ACLU and two young attorneys took the case.

Richard and Mildred Loving

In 1958, they went to Washington, D.C. – where interracial marriage was legal – to get married. But when they returned home, they were arrested, jailed and banished from the state for 25 years for violating the state’s so-called Racial Integrity Act…

Read the entire article here.

Martha S. Jones – “The Children of Loving v. Virginia“

Organization of American Historians
September 2015

An OAH Lecture by Martha S. Jones, Arthur F. Thurnau Professor at the University of Michigan

This lecture was presented as part of the Created Equal initiative at Franklin College in Franklin, Indiana, in September 2015. Recorded by the college’s Pulliam Fellow Videographer, Ian Mullen ‘16.

Interracial Intimacy: The Regulation of Race and Romance. By Rachel F. Moran [Bartholet Review]

The Journal of Interdisciplinary History
Volume 33, Number 2 (Autumn 2002)
pages 320–322
DOI: 10.1162/00221950260209039

Elizabeth Bartholet, Morris Wasserstein Professor of Law
Harvard Law School

Interracial Intimacy: The Regulation of Race and Romance. By Rachel F. Moran (Chicago, University of Chicago Press, 2oo) 271 pp. $3o.oo.

This thoughtful, provocative book treats an important topic that has received inadequate attention. Moran discusses the unfinished revolution that began with Brown v. Board of Education, in which the nation’s highest court ordered desegregation of the public schools, concluding “that racial boundaries could be broken down and racial hierarchy undone only through interracial contact”. She describes in powerful terms the central role played by the ban on interracial intimacy in the segregationist system of our past, and the myriad restrictions that operate to prevent such intimacy in our theoretically integrationist present. In the end, she makes a nuanced and persuasive case for the good that would come from liberating love and enabling interracial intimacy.

Moran uses history to shine a bright light on the present. She tells in horrifying detail the story of whites’ use of racial barriers to maintain their superior position, not only over blacks but also over Native Americans and successive immigrant groups seen as alien. She also shows how at each stage of historical development, from the days of slavery through abolition through Reconstruction, those in power have seen interracial intimacy as the ultimate threat to racial hierarchy. She describes those resisting change as obsessed with the importance of at least maintaining the color line in this arena, whether through laws preventing interracial marriage and adoption or through the lynching of black men suspected of consorting with white women. She describes those promoting change as feeling compelled to provide reassurance that their kind of racial progress would never mean breaching the all-important ban on interracial marriage. This history provides persuasive proof of the point that she makes explicit interracial intimacy is subversive of the racial order…

Read the entire review here.