PEI scraps business immigration program criticized for oversight problems

Overdue. Now for Quebec to do the same, given that large numbers end up in British Columbia, using Quebec as a back door:

Prince Edward Island is scrapping a controversial business immigration program which prompted federal investigations alleging hundreds of applicants never settled on the Island.

The provincial government said Wednesday it will no longer accept applications from immigrants looking to set up a business on the Island in the entrepreneur stream of the Provincial Nominee Program.

The immigration program has faced criticism for granting permanent residency status — a coveted step towards full citizenship — before businesses were set up and people actually moved to P.E.I.

Under the program, the applicants provide the Island government with a $200,000 refundable deposit, and commit to invest $150,000 and manage a firm.

A spokesman for the Office of Immigration says in 2016-17 over half of all the 269 applicants who had “completed their agreements” forfeited their deposit and never opened a business, raising $18 million for the small province.

In addition, last year The Canadian Press reported on how three international students were asked by owners of businesses created under the program to return a portion of their wages to the business immigrants. In one case, a student said he was fired when he refused, and in two other cases, the students said they agreed to give back a portion of their income in cash.

Progressive Conservative Leader James Aylward said Wednesday the program bred public distrust and should have been cancelled years ago.

“It never passed the sniff test,” he said in an interview.

“Our retention rate was dismal … The government raked tens of millions of dollars from defaulted deposits.”

The province had said it was conducting a review into the program, shortly after a series of investigations by the Canada Border Services Agency became public.

The Canadian Press also recently reported on a search warrant application by the agency that alleged hundreds of people gained permanent residency in Canada by using local addresses where they didn’t live, using the PNP entrepreneur stream.

An investigator alleged 462 applicants to the provincial nominee program used Charlottetown homes belonging to two Chinese immigrants over the past four years as “addresses of convenience.”

The investigator also said she suspected the immigrants didn’t come to the Island and settle, contrary to the requirements of the provincial program.

Those allegations, which have not been proven in court, came two months after two Charlottetown hoteliers were charged with aiding in immigration fraud, with the CBSA alleging 566 immigrants used the addresses of the siblings’ hotel and home.

The siblings have pleaded not guilty to immigration fraud charges, and their lawyer, Lee Cohen, has said there will be discussion with prosecutors about the sworn statements provided by the two accused.

Cohen says he’s suggested “the possibility that the statements were not voluntarily given” in the case.

Chris Palmer, the province’s minister of Economic Development, said in an interview that he wasn’t forced by the federal government to shut down the program, despite the high-profile investigations.

“The feds didn’t intervene and tell us to do this, no,” he said.

Rather, he said it was due to his department’s disappointment with its results in retaining immigrants on the Island.

“We weren’t satisfied with it as our rates of retention weren’t as high as we wanted them to be,” he said.

However, Richard Kurland, an immigration lawyer based in Vancouver, said he sees a relationship between Ottawa’s probes and the shutdown of the program.

“Trials involving the P.E.I. program start soon, so no surprise to see the P.E.I. government shutting down the program before all is revealed,” he wrote in an email.

Kurland has long argued the Island’s system should mirror British Columbia’s program, which approves a business project first, makes the person spend two years on a work permit to ensure business success, and then requires the applicant to live near the business at least nine months a year.

“Only after that is done and the business is successful will the province hand over a ‘nomination certificate’ that lets the person apply for a permanent resident visa,” he wrote.

“P.E.I. had it backwards, handing over the ‘nomination certificate’ first. That’s not the way to go and the … design flaw gave rise to a lot of problems.”

“Keep the candy until the person lives up to their promises.”

The province is noting that the entrepreneur stream is only a small part of the total number of immigrants it nominates.

It will continue to have a program where it nominates immigrants for work permits, where they will only be granted permanent residency if they fulfil their commitments to set up a business.

It will also continue to nominate immigrants who fill the province’s labour needs.

The number of nominations accepted under the nominee stream currently totals about 150 people, which is about 15 per cent of the roughly 1,070 provincially sponsored immigrants expected to be nominated this year.

Source: PEI scraps business immigration program criticized for oversight problems

Against the Ideal of a ‘Melting Pot’ – Written in 1916

Long read, written in 1916. While somewhat dated in terms of examples (e.g., only in context of European immigration) and language, captures well the  distinction between assimilation and integration:

Though the United States would not enter World War I for another year, by 1916 the ethnic animosities tearing Europe apart could be felt keenly within American communities. Immigration rates had soared in the preceding decades—in 1910, nearly 15 percent of the population had been born outside of the United States. The growing number of new arrivals was regarded with resentment and suspicion from many native-born Americans. As the conflict unfolded overseas, those feelings only intensified.

The progressive writer Randolph S. Bourne recognized the rising tension, and in July 1916 he responded by challenging not only the idea that immigrants posed a threat to American democracy, but also the ideal of a “melting pot” that would assimilate the nation’s diverse population.

“We act as if we wanted Americanization to take place only on our own terms, and not by the consent of the governed,” he wrote. But, he continued, “America shall be what the immigrant will have a hand in making it, and not what a ruling class, descendant of those British stocks which were the first permanent immigrants, decide that America shall be made.”

The bitterness directed toward newcomers would soon thereafter be codified into restrictive new immigration quotas that perpetuated racial and ethnic discrimination. But Bourne offered a hopeful alternative to that ethno-nationalist antagonism, imagining an Americanism that could be broadened, strengthened, and united by embracing persistent cultural differences rather than one that closed itself off to them. — Annika Neklason


No reverberatory effect of the great war has caused American public opinion more solicitude than the failure of the ‘melting-pot.’ The discovery of diverse nationalistic feelings among our great alien population has come to most people as an intense shock. It has brought out the unpleasant inconsistencies of our traditional beliefs. We have had to watch hard-hearted old Brahmins virtuously indignant at the spectacle of the immigrant refusing to be melted, while they jeer at patriots like Mary Antin who write about ‘our forefathers.’ We have had to listen to publicists who express themselves as stunned by the evidence of vigorous nationalistic and cultural movements in this country among Germans, Scandinavians, Bohemians, and Poles, while in the same breath they insist that the mien shall be forcibly assimilated to that Anglo-Saxon tradition which they unquestioningly label ‘American.’

As the unpleasant truth has come upon us that assimilation in this country was proceeding on lines very different from those we had marked out for it, we found ourselves inclined to blame those who were thwarting our prophecies. The truth became culpable. We blamed the war, we blamed the Germans. And then we discovered with a moral shock that these movements had been making great headway before the war even began. We found that the tendency, reprehensible and paradoxical as it might be, has been for the national clusters of immigrants, as they became more and more firmly established and more and more prosperous, to cultivate more and more assiduously the literatures and cultural traditions of their homelands. Assimilation, in other words, instead of washing out the memories of Europe, made them more and more intensely real. Just as these clusters became more and more objectively American, did they become more and more German or Scandinavian or Bohemian or Polish.

To face the fact that our aliens are already strong enough to take a share in the direction of their own destiny, and that the strong cultural movements represented by the foreign press, schools, and colonies are a challenge to our facile attempts, is not, however, to admit the failure of Americanization. It is not to fear the failure of democracy. It is rather to urge us to an investigation of what Americanism may rightly mean. It is to ask ourselves whether our ideal has been broad or narrow—whether perhaps the time has not come to assert a higher ideal than the ‘melting-pot.’ Surely we cannot be certain of our spiritual democracy when, claiming to melt the nations within us to a comprehension of our free and democratic institutions, we fly into panic at the first sign of their own will and tendency. We act as if we wanted Americanization to take place only on our own terms, and not by the consent of the governed. All our elaborate machinery of settlement and school and union, of social and political naturalization, however, will move with friction just in so far as it neglects to take into account this strong and virile insistence that America shall be what the immigrant will have a hand in making it, and not what a ruling class, descendant of those British stocks which were the first permanent immigrants, decide that America shall be made. This is the condition which confronts us, and which demands a clear and general readjustment of our attitude and our ideal.

* * *We are all foreign-born or the descendants of foreign-born, and if distinctions are to be made between us, they should rightly be on some other ground than indigenousness. The early colonists came over with motives no less colonial than the later. They did not come to be assimilated in an American melting pot. They did not come to adopt the culture of the American Indian. They had not the smallest intention of ‘giving themselves without reservation’ to the new country. They came to get freedom to live as they wanted to. They came to escape from the stifling air and chaos of the old world; they came to make their fortune in a new land. They invented no new social framework. Rather they brought over bodily the old ways to which they had been accustomed. Tightly concentrated on a hostile frontier, they were conservative beyond belief. Their pioneer daring was reserved for the objective conquest of material resources. In their folkways, in their social and political institutions, they were, like every colonial people, slavishly imitative of the mother country. So that, in spite of the ‘Revolution,’ our whole legal and political system remained more English than the English, petrified and unchanging, while in England law developed to meet the needs of the changing times.

It is just this English-Americanconservatism that has been our chief obstacle to social advance. We have needed the new peoples—the order of the German and Scandinavian, the turbulence of the Slav and Hun—to save us from our own stagnation. I do not mean that the illiterate Slav is now the equal of the New Englander of pure descent. He is raw material to be educated, not into a New Englander, but into a socialized American along such lines as those thirty nationalities are being educated in the amazing school of Gary. I do not believe that this process is to be one of decades of evolution. The spectacle of Japan’s sudden jump from medievalism to post-modernism should have destroyed the superstition. We are not dealing with individuals who are to ‘evolve.’ We are dealing with their children, who with that education we are about to have, will start level with all of us. Let us cease to think of ideals like democracy as magical qualities inherent in certain peoples. Let us speak, not of inferior races, but of inferior civilizations. We are all to educate and to be educated. These peoples in America are in a common enterprise. It is not what we are now that concerns us, but what this plastic next generation may become in the light of a new cosmopolitan ideal.

We are not dealing with static factors, but with fluid and dynamic generations. To contrast the older and the newer immigrants and see the one class as democratically motivated by love of liberty, and the other by mere money-getting, is not to illuminate the future. To think of earlier nationalities as culturally assimilated to America, while we picture the later as a sodden and resistive mass, makes only for bitterness and misunderstanding. There may be a difference between these earlier and these later stocks, but it lies neither in motive for coming nor in strength of cultural allegiance to the homeland. The truth is that no more tenacious cultural allegiance to the mother country has been shown by any alien nation than by the ruling class of Anglo-Saxon descendants in these American States. English snobberies, English religion, English literary styles, English literary reverences and canons, English ethics, English superiorities, have been the cultural food that we have drunk in from our mothers’ breasts. The distinctively American spirit—pioneer, as distinguished from the reminiscently English—that appears in Whitman and Emerson and James, has had to exist on sufferance alongside of this other cult, unconsciously belittled by our cultural makers of opinion. No country has perhaps had so great indigenous genius which had so little influence on the country’s traditions and expressions. The unpopular and dreaded German-American of the present day is a beginning amateur in comparison with those foolish Anglophiles of Boston and New York and Philadelphia whose reversion to cultural type sees uncritically in England’s cause the cause of Civilization, and, under the guise of ethical indepenence of thought, carries along European traditions which are no more ‘American’ than the German categories themselves.It speaks well for German-American innocence of heart or else for its lack of imagination that it has not turned the hyphen stigma into a ‘Tu quoque!’ If there were to be any hyphens scattered about, clearly they should be affixed to those English descendants who had had centuries of time to be made American where the German had had only half a century. Most significantly has the war brought out of them this alien virus, showing them still loving English things, owing allegiance to the English Kultur, moved by English shibboleths and prejudice. It is only because it has been the ruling class in this country that bestowed the epithet that we have not heard copiously and scornfully of ‘hyphenated English Americans.’ But even our quarrels with England have had the bad temper, the extravagance, of family quarrels. The Englishman of to-day nags us and dislikes us in that personal, peculiarly intimate way in which he dislikes the Australian, or as we may dislike our younger brothers. He still thinks of us incorrigibly as ‘colonials.’ America—official, controlling, literary, political America—is still, as a writer recently expressed it, ‘culturally speaking, a self-governing dominion of the British Empire.’

The non-English American can scarcely be blamed if he sometimes thinks of the Anglo-Saxon predominance in America as little more than a predominance of priority. The Anglo-Saxon was merely the first immigrant, the first to found a colony. He has never really ceased to be the descendant of immigrants, nor has he ever succeeded in transforming that colony into a real nation, with a tenacious, richly woven frabric of native culture. Colonials from the other nations have come and settled down beside him. They found no definite native culture which should startle them out of their colonialism, and consequently they looked back to their mother-country, as the earlier Anglo-Saxon immigrant was looking back to his. What has been offered the newcomer has been the chance to learn English, to become a citizen, to salute the flag. And those elements of our ruling classes who are responsible for the public schools, the settlements, all the organizations for amelioration in the cities, have every reason to be proud of the care and labor which they’ve devoted to absorbing the immigrant. His opportunities the immigrant has taken to gladly, with almost pathetic eagerness to make his way in the new land without friction or disturbance. The common language has made not only for the necessary communication, but for all the amenities of life.If freedom means the right to do pretty much as one pleases, so long as one does not interfere with others, the immigrant has found freedom, and the ruling element has been singularly liberal in its treatment of the invading hordes. But if freedom means a democratic cooperation in determining the ideals and purposes and industrial and social institutions of a country, then the immigrant has not been free, and Anglo-Saxon element is guilty of just what every dominant race is guilty of in every European country: the imposition of its own culture upon the minority peoples. The fact that this imposition has been so mild and, indeed, semi-conscious does not alter its quality. And the war has brought out just the degree to which that purpose of ‘Americanizing,’ that is, ‘Anglo-Saxonizing,’ the immigrant has failed.

For the Anglo-Saxon now in his bitterness to turn upon the other peoples, talk about their ‘arrogance,’ scold them for not being melted in a pot which never existed, is to betray the unconscious purpose which lay at the bottom of his heart. It betrays too the possession of a racial jealousy similar to that of which he is now accusing the so called ‘hyphenates.’ Let the Anglo Saxon be proud enough of the heroic toil and heroic sacrifices which moulded the nation. But let him ask himself, if he had had to depend on the English descendants, where he would have been living to-day. To those of us who see in the exploitation of unskilled labor the strident red leit-motif of our civilization, the settling of the country presents a great social drama as the waves of immigration broke over it.

Let the Anglo-Saxon ask himself where he would have been if these races had not come? Let those who feel the inferiority of the non-Anglo-Saxon immigrant contemplate that region of the States which has remained the most distinctively ‘American,’ the South. Let him ask himself whether he would really like to see the foreign hordes Americanized into such an Americanization. Let him ask himself how superior this native civilization is to the great ‘alien’ states of Wisconsin and Minnesota, where Scandinavians, Poles, and Germans have self-consciously labored to preserve their traditional culture, while being outwardly and satisfactorily American. Let him ask himself how much more wisdom, intelligence, industry and social leadership has come out of these alien states than out of all the truly American ones. The South, in fact, while this vast Northern development has gone on, still remains an English colony, stagnant and complacent, having progressed culturally scarcely beyond the early Victorian era. It is culturally sterile because it has had no advantage of cross-fertilization like the Northern states. What has happened in states such as Wisconsin and Minnesota is that strong foreign cultures have struck root in a new and fertile soil. America has meant liberation, and German and Scandinavian political ideas and social energies have expanded to a new potency. The process has not been at all the fancied ‘assimilation’ of the Scandinavian or Teuton. Rather has it been a process of their assimilation of us—I speak as an Anglo-Saxon. The foreign cultures have not been melted down or run together, made into some homogeneous Americanism, but have remained distinct but cooperating to the greater glory and benefit not only of themselves but of all the native ‘Americanism’ around them.* * *

What we emphatically do not want is that these distinctive qualities should be washed out into a tasteless, colorless fluid of uniformity. Already we have far too much of this insipidity, — masses of people who are cultural half-breeds, neither assimilated Anglo-Saxons nor nationals of another culture. Each national colony in this country seems to retain in its foreign press, its vernacular literature, its schools, its intellectual and patriotic leaders, a central cultural nucleus. From this nucleus the colony extends out by imperceptible gradations to a fringe where national characteristics are all but lost. Our cities are filled with these half-breeds who retain their foreign names but have lost the foreign savor. This does not mean that they have actually been changed into New Englanders or MiddleWesterners. It does not mean that they have been really Americanized. It means that, letting slip from them whatever native culture they had, they have substituted for it only the most rudimentary American—the American culture of the cheap newspaper, the ‘movies,’ the popular song, the ubiquitous automobile. The unthinking who survey this class call them assimilated, Americanized. The great American public school has done its work. With these people our institutions are safe. We may thrill with dread at the aggressive hyphenate, but this tame flabbiness is accepted as Americanization. The same moulders of opinion whose ideal is to melt the different races into Anglo-Saxon gold hail this poor product as the satisfying result of their alchemy.

Yet a truer cultural sense would have told us that it is not the self-conscious cultural nuclei that sap at our American life, but these fringes. It is not the Jew who sticks proudly to the faith of his fathers and boasts of that venerable culture of his who is dangerous to America, but the Jew who has lost the Jewish fire and become a mere elementary, grasping animal. It is not the Bohemian who supports the Bohemian schools in Chicago whose influence is sinister, but the Bohemian who has made money and has got into ward politics. Just so surely as we tend to disintegrate these nuclei of nationalistic culture do we tend to create hordes of men and women without a spiritual country, cultural outlaws, without taste, without standards but those of the mob. We sentence them to live on the most rudimentary planes of American life. The influences at the centre of the nuclei are centripetal. They make for the intelligence and the social values which mean an enhancement of life. And just because the foreign-born retains this expressiveness is he likely to be a better citizen of the American community. The influences at the fringe, however, are centrifugal, anarchical. They make for detached fragments of peoples. Those who came to find liberty achieve only license. They become the flotsam and jetsam of American life, the downward undertow of our civilization with its leering cheapness and falseness of taste and spiritual outlook, the absence of mind and sincere feeling which we see in our slovenly towns, our vapid moving pictures, our popular novels, and in the vacuous faces of the crowds on the city street. This is the cultural wreckage of our time, and it is from the fringes of the Anglo-Saxon as well as the other stocks that it falls. America has as yet no impelling integrating force. It makes too easily for this detritus of cultures. In our loose, free country, no constraining national purpose, no tenacious folk-tradition and folk-style hold the people to a line.The war has shown us that not in any magical formula will this purpose be found. No intense nationalism of the European plan can be ours. But do we not begin to see a new and more adventurous ideal? Do we not see how the national colonies in America, deriving power from the deep cultural heart of Europe and yet living here in mutual toleration, freed from the age-long tangles of races, creeds, and dynasties, may work out a federated ideal? America is transplanted Europe, but a Europe that has not been disintegrated and scattered in the transplanting as in some Dispersion. Its colonies live here inextricably mingled, yet not homogeneous. They merge but they do not fuse.

America is a unique sociological fabric, and it bespeaks poverty of imagination not to be thrilled at the incalculable potentialities of so novel a union of men. To seek no other goal than the weary old nationalism, — belligerent, exclusive, inbreeding, the poison of which we are witnessing now in Europe, — is to make patriotism a hollow sham, and to declare that, in spite of our boastings, America must ever be a follower and not a leader of nations.

II

If we come to find this point of view plausible, we shall have to give up the search for our native ‘American’ culture. With the exception of the South and that New England which, like the Red Indian, seems to be passing into solemn oblivion, there is no distinctively American culture. It is apparently our lot rather to be a federation of cultures. This we have been for half a century, and the war has made it ever more evident that this is what we are destined to remain. This will not mean, however, that there are not expressions of indigenous genius that could not have sprung from any other soil. Music, poetry, philosophy, have been singularly fertile and new. Strangely enough, American genius has flared forth just in those directions which are least understanded of the people. If the American note is bigness, action, the objective as contrasted with the reflective life, where is the epic expression of this spirit? Our drama and our fiction, the peculiar fields for the expression of action and objectivity, are somehow exactly the fields of the spirit which remain poor and mediocre. American materialism is in some way inhibited from getting into impressive artistic form its own energy with which it bursts. Nor is it any better in architecture, the least romantic and subjective of all the arts. We are inarticulate of the very values which we profess to idealize. But in the finer forms—music, verse, the essay, philosophy—the American genius puts forth work equal to any of its contemporaries. Just in so far as our American genius has expressed the pioneer spirit, the adventurous, forward-looking drive of a colonial empire, is it representative of that whole America of the many races and peoples, and not of any partial or traditional enthusiasm. And only as that pioneer note is sounded can we really speak of the American culture. As long as we thought of Americanism in terms of the ‘melting-pot,’ our American cultural tradition lay in the past. It was something to which the new Americans were to be moulded. In the light of our changing ideal of Americanism, we must perpetrate the paradox that our American cultural tradition lies in the future. It will be what we all together make out of this incomparable opportunity of attacking the future with a new key.

Whatever American nationalism turns out to be, it is certain to become something utterly different from the nationalisms of twentieth-century Europe. This wave of reactionary enthusiasm to play the orthodox nationalistic game which is passing over the country is scarcely vital enough to last. We cannot swagger and thrill to the same national self-feeling. We must give new edges to our pride. We must be content to avoid the unnumbered woes that national patriotism has brought in Europe, and that fiercely heightened pride and self-consciousness. Alluring as this is, we must allow our imaginations to transcend this scarcely veiled belligerency. We can be serenely too proud to fight if our pride embraces the creative forces of civilization which armed contest nullifies. We can be too proud to fight if our code of honor transcends that of the schoolboy on the playground surrounded by his jeering mates. Our honor must be positive and creative, and not the mere jealous and negative protectiveness against metaphysical violations of our technical rights. When the doctrine is put forth that in one American flows the mystic blood of all our country’s sacred honor, freedom, and prosperity, so that an injury to him is to be the signal for turning our whole nation into that clan-feud of horror and reprisal which would be war, then we find ourselves back among the musty schoolmen of the Middle Ages, and not in any pragmatic and realistic America of the twentieth century.

* * *We should hold our gaze to what America has done, not what medieval codes of dueling she has failed to observe. We have transplanted European modernity to our soil, without the spirit that inflames it and turns all its energy into mutual destruction. Out of these foreign peoples there has somehow been squeezed the poison. An America, ‘hyphenated’ to bitterness, is somehow non-explosive. For, even if we all hark back in sympathy to a European nation, even if the war has set every one vibrating to some emotional string twanged on the other side of the Atlantic, the effect has been one of almost dramatic harmlessness.

What we have really been witnessing, however unappreciatively, in this country has been a thrilling and bloodless battle of Kulturs. In that arena of friction which has been the most dramatic—between the hyphenated German-American and the hyphenated English-American—there have emerged rivalries of philosophies which show up deep traditional attitudes, points of view which accurately reflect the gigantic issues of the war. America has mirrored the spiritual issues. The vicarious struggle has been played out peacefully here in the mind. We have seen the stout resistiveness of the old moral interpretation of history on which Victorian England thrived and made itself great in its own esteem. The clean and immensely satisfying vision of the war as a contest between right and wrong; the enthusiastic support of the Allies as the incarnation of virtue-on-a-rampage; the fierce envisaging of their selfish national purposes as the ideals of justice, freedom and democracy—all this has been thrown with intensest force against the German realistic interpretations in terms of the struggle for power and the virility of the integrated State. America has been the intellectual battleground of the nations.

III

The failure of the melting-pot, far from closing the great American democratic experiment, means that it has only just begun. Whatever American nationalism turns out to be, we see already that it will have a color richer and more exciting than our ideal has hitherto encompassed. In a world which has dreamed of internationalism, we find that we have all unawares been building up the first international nation. The voices which have cried for a tight and jealous nationalism of the European pattern are failing. From that ideal, however valiantly and disinterestedly it has been set for us, time and tendency have moved us further and further away. What we have achieved has been rather a cosmopolitan federation of national colonies, of foreign cultures, from whom the sting of devastating competition has been removed. America is already the world-federation in miniature, the continent where for the first time in history has been achieved that miracle of hope, the peaceful living side by side, with character substantially preserved, of the most heterogeneous peoples under the sun. Nowhere else has such contiguity been anything but the breeder of misery. Here, notwithstanding our tragic failures of adjustment, the outlines are already too clear not to give us a new vision and a new orientation of the American mind in the world.

It is for the American of the younger generation to accept this cosmopolitanism, and carry it along with self-conscious and fruitful purpose. In his colleges, he is already getting, with the study of modern history and politics, the modern literatures, economic geography, the privilege of a cosmopolitan outlook such as the people of no other nation of to-day in Europe can possibly secure. If he is still a colonial, he is no longer the colonial of one partial culture, but of many. He is a colonial of the world. Colonialism has grown into cosmopolitanism, and his mother land is no one nation, but all who have anything life-enhancing to offer to the spirit. That vague sympathy which the France of ten years ago was feeling for the world—a sympathy which was drowned in the terrible reality of war—may be the modern American’s, and that in a positive and aggressive sense. If the American is parochial, it is in sheer wantonness or cowardice. His provincialism is the measure of his fear of bogies or the defect of his imagination.Indeed, it is not uncommon for the eager Anglo-Saxon who goes to a vivid American university to-day to find his true friends not among his own race but among the acclimatized German or Austrian, the acclimatized Jew, the acclimatized Scandinavian or Italian. In them he finds the cosmopolitan note. In these youths, foreign-born or the children of foreign-born parents, he is likely to find many of his old inbred morbid problems washed away. These friends are oblivious to the repressions of that tight little society in which he so provincially grew up. He has a pleasurable sense of liberation from the stale and familiar attitudes of those whose ingrowing culture has scarcely created anything vital for his America of to-day. He breathes a larger air. In his new enthusiasms for continental literature, for unplumbed Russian depths, for French clarity of thought, for Teuton philosophies of power, he feels himself citizen of a larger world. He may be absurdly superficial, his outward-reaching wonder may ignore all the stiller and homelier virtues of his Anglo-Saxon home, but he has at least found the clue to that international mind which will be essential to all men and women of good-will if they are ever to save this Western world of ours from suicide. His new friends have gone through a similar evolution. America has burned most of the baser metal also from them. Meeting now with this common American background, all of them may yet retain that distinctiveness of their native cultures and their national spiritual slants. They are more valuable and interesting to each other for being different, yet that difference could not be creative were it not for this new cosmopolitan outlook which America has given them and which they all equally possess.

A college where such a spirit is possible even to the smallest degree, has within itself already the seeds of this international intellectual world of the future. It suggests that the contribution of America will be an intellectual internationalism which goes far beyond the mere exchange of scientific ideas and discoveries and the cold recording of facts. It will be an intellectual sympathy which is not satisfied until it has got at the heart of the different cultural expressions, and felt as they feel. It may have immense preferences, but it will make understanding and not indignation its end. Such a sympathy will unite and not divide.Against the thinly disguised panic which calls itself ‘patriotism’ and the thinly disguised militarism which calls itself ‘preparedness’ the cosmopolitan ideal is set. This does not mean that those who hold it are for a policy of drift. They, too, long passionately for an integrated and disciplined America. But they do not want one which is integrated only for domestic economic exploitation of the workers or for predatory economic imperialism among the weaker peoples. They do not want one that is integrated by coercion or militarism, or for the truculent assertion of a medieval code of honor and of doubtful rights. They believe that the most effective integration will be one which coordinates the diverse elements and turns them consciously toward working out together the place of America in the world-situation. They demand for integration a genuine integrity, a wholeness and soundness of enthusiasm and purpose which can only come when no national colony within our America feels that it is being discriminated against or that its cultural case is being prejudged. This strength of cooperation, this feeling that all who are here may have a hand in the destiny of America, will make for a finer spirit of integration than any narrow ‘Americanism’ or forced chauvinism.

* * *

In this effort we may have to accept some form of that dual citizenship which meets with so much articulate horror among us. Dual citizenship we may have to recognize as the rudimentary form of that international citizenship to which, if our words mean anything, we aspire. We have assumed unquestioningly that mere participation in the political life of the United States must cut the new citizen off from all sympathy with his old allegiance. Anything but a bodily transfer of devotion from one sovereignty to another has been viewed as a sort of moral treason against the Republic. We have insisted that the immigrant whom we welcomed escaping from the very exclusive nationalism of his European home shall forthwith adopt a nationalism just as exclusive, just as narrow, and even less legitimate because it is founded on no warm traditions of his own. Yet a nation like France is said to permit a formal and legal dual citizenship even at the present time. Though a citizen of hers may pretend to cast off his allegiance in favor of some other sovereignty, he is still subject to her laws when he returns. Once a citizen, always a citizen, no matter how many new citizenships he may embrace. And such a dual citizenship seems to us sound and right. For it recognizes that, although the Frenchman may accept the formal institutional framework of his new country and indeed become intensely loyal to it, yet his Frenchness he will never lose. What makes up the fabric of his soul will always be of this Frenchness, so that unless he becomes utterly degenerate he will always to some degree dwell still in his native environment.

Indeed, does not the cultivated American who goes to Europe practice a dual citizenship, which, if not formal, is no less real? The American who lives abroad may be the least expatriate of men. If he falls in love with French ways and French thinking and French democracy and seeks to saturate himself with the new spirit, he is guilty of at least a dual spiritual citizenship. He may be still American, yet he feels himself through sympathy also a Frenchman. And he finds that this expansion involves no shameful conflict within him, no surrender of his native attitude. He has rather for the first time caught a glimpse of the cosmopolitan spirit. And after wandering about through many races and civilizations he may return to America to find them all here living vividly and crudely, seeking the same adjustment that he made. He sees the new peoples here with a new vision. They are no longer masses of aliens, waiting to be ‘assimilated,’ waiting to be melted down into the indistinguishable dough of Anglo-Saxonism. They are rather threads of living and potent cultures, blindly striving to weave themselves into a novel international nation, the first the world has seen. In an Austria-Hungary or a Prussia the stronger of these cultures would be moving almost instinctively to subjugate the weaker. But in America those wills-to-power are turned in a different direction into learning how to live together.Along with dual citizenship we shall have to accept, I think, that free and mobile passage of the immigrant between America and his native land again which now arouses so much prejudice among us. We shall have to accept the immigrant’s return for the same reason that we consider justified our own flitting about the earth. To stigmatize the alien who works in America for a few years and returns to his own land, only perhaps to seek American fortune again, is to think in narrow nationalistic terms. It is to ignore the cosmopolitan significance of this migration. It is to ignore the fact that the returning immigrant is often a missionary to an inferior civilization.This migratory habit has been especially common with the unskilled laborers who have been pouring into the United States in the last dozen years from every country in southeastern Europe. Many of them return to spend their earnings in their own country or to serve their country in war. But they return with an entirely new critical outlook, and a sense of the superiority of American organization to the primitive living around them. This continued passage to and fro has already raised the material standard of labour in many regions of these backward countries. For these regions are thus endowed with exactly what they need, the capital for the exploitation of their natural resources, and the spirit of enterprise. America is thus educating these laggard peoples from the very bottom of society up, awaking vast masses to a new-born hope for the future. In the migratory Greek, therefore, we have not the parasitic alien, the doubtful American asset, but a symbol of that cosmopolitan interchange which is coming, in spite of all war and national exclusiveness.

Only America, by reason of the unique liberty of opportunity and traditional isolation for which she seems to stand, can lead in this cosmopolitan enterprise. Only the American—and in this category I include the migratory alien who has lived with us and caught the pioneer spirit and a sense of new social vistas—has the chance to become that citizen of the world. America is coming to be, not a nationality but a trans-nationality, a weaving back and forth, with the other lands, of many threads of all sizes and colors. Any movement which attempts to thwart this weaving, or to dye the fabric any one color, or disentangle the threads of the strands, is false to this cosmopolitan vision. I do not mean that we shall necessarily glut ourselves with the raw product of humanity. It would be folly to absorb the nations faster than we could weave them. We have no duty either to admit or reject. It is purely a question of expediency. What concerns us is the fact that the strands are here. We must have a policy and an ideal for an actual situation. Our question is, What shall we do with our America? How are we likely to get the more creative America—by confining our imaginations to the ideal of the melting-pot, or broadening them to some such cosmopolitan conception as I have been vaguely sketching?* * *The war has shown America to be unable, though isolated geographically and politically from a European world-situation, to remain aloof and irresponsible. She is a wandering star in a sky dominated by two colossal constellations of states. Can she not work out some position of her own, some life of being in, yet not quite of, this seething and embroiled European world? This is her only hope and promise. A trans-nationality of all the nations, it is spiritually impossible for her to pass into the orbit of any one. It will be folly to hurry herself into a premature and sentimental nationalism, or to emulate Europe and play fast and loose with the forces that drag into war. No Americanization will fulfill this vision which does not recognize the uniqueness of this trans-nationalism of ours. The Anglo-Saxon attempt to fuse will only create enmity and distrust. The crusade against ‘hyphenates’ will only inflame the partial patriotism of trans-nationals, and cause them to assert their European traditions in strident and unwholesome ways. But the attempt to weave a wholly novel international nation out of our chaotic America will liberate and harmonize the creative power of all these peoples and give them the new spiritual citizenship, as so many individuals have already been given, of a world.

Is it a wild hope that the undertow of opposition to metaphysics in international relations, opposition to militarism, is less a cowardly provincialism than a groping for this higher cosmopolitan ideal? One can understand the irritated restlessness with which our proud pro-British colonists contemplate a heroic conflict across the seas in which they have no part. It was inevitable that our necessary inaction should evolve in their minds into the bogey of national shame and dishonor. But let us be careful about accepting their sensitiveness as final arbiter. Let us look at our reluctance rather as the first crude beginnings of assertion on the part of certain strands in our nationality that they have a right to a voice in the construction of the American ideal. Let us face realistically the America we have around us. Let us work with the forces that are at work. Let us make something of this trans-national spirit instead of outlawing it. Already we are living this cosmopolitan America. What we need is everywhere a vivid consciousness of the new ideal. Deliberate headway must be made against the survivals of the melting pot ideal for the promise of American life.

We cannot Americanize America worthily by sentimentalizing and moralizing history. When the best schools are expressly renouncing the questionable duty of teaching patriotism by means of history, it is not the time to force shibboleth upon the immigrant. This form of Americanization has been heard because it appealed to the vestiges of our old sentimentalized and moralized patriotism. This has so far held the field as the expression of the new American’s new devotion. The inflections of other voices have been drowned. They must be heard. We must see if the lesson of the war has not been for hundreds of these later Americans a vivid realization of their trans-nationality, a new consciousness of what America meant to them as a citizenship in the world. It is the vague historic idealisms which have provided the fuel for the European flame. Our American ideal can make no progress until we do away with this romantic gilding of the past.

All our idealisms must be those of future social goals in which all can participate, the good life of personality lived in the environment of the Beloved Community. No mere doubtful triumphs of the past, which redound to the glory of only one of our transnationalities, can satisfy us. It must be a future America, on which all can unite, which pulls us irresistibly toward it, as we understand each other more warmly.

To make real this striving amid dangers and apathies is work for a younger intelligentsia of America. Here is an enterprise of integration into which we can all pour ourselves, of a spiritual welding which should make us, if the final menace ever came, no weaker, but infinitely strong.

Source: Against the Ideal of a ‘Melting Pot’

Chantal Hébert: Will Quebec be the next province to use the ‘notwithstanding’ clause?

Likely inevitable:

Chances are Ontario’s Doug Ford will not for long be the only premier to bypass the Charter of Rights and Freedoms to push through a controversial item on his legislative agenda.

Depending on the outcome of the Quebec Oct. 1 election, Prime Minister Justin Trudeau’s home province could be next.

But if that were to happen it would not be as a result of a domino effect triggered by Ford’s use of the ‘notwithstanding’ clause of the Constitution to have his way in the legal battle over the size of Toronto’s next municipal government.

The prospect of a move along similar lines was part of Quebec’s longstanding debate over the place of religious rights in a secular society before this week’s developments at Queen’s Park.

A Coalition Avenir Québec or a Parti Québécois government would scrap the controversial Liberal law that prescribes public services be received and dispensed with one’s face uncovered.

They would replace the so-called veil ban with the imposition of a secular dress code on public servants deemed to be in a position of authority. The list includes judges, prison guards, teachers and, in the case of the PQ, child care workers.

If the courts found that approach to be unconstitutional, CAQ and PQ leaders François Legault and Jean-François Lisée have both said they would have no qualms about using the notwithstanding clause to forge ahead.

At midcampaign, the notion that two of the main contenders for government in Quebec would not let the Charter stand in the way of their secularism agendas has not emerged as a wedge issue. That’s not a hill Philippe Couillard’s Liberals want to risk dying on between now and Oct. 1.

Their government’s veil ban has yet to be enforced. The courts have suspended its application until a challenge to its constitutionality has been adjudicated. Based on his previous statements, Couillard would not — should his party win power next month and the courts invalidate its veil law — be inclined to salvage it by using the notwithstanding clause.

But the premier is also on record as saying that the notwithstanding clause exists for a purpose; that it is there to be used by governments. And indeed, the Quebec Liberals have done exactly that in the not-so-distant past.

In 1988, the government of then-premier Robert Bourassa overruled a Supreme Court ruling that found the province’s French-only sign law to be in breach of the Charter. That cost Quebec’s Liberal government a critical amount of goodwill on the constitutional front. It contributed to the 1990 demise of the Meech Lake Accord. It also earned the province a black eye in many international circles. When the clause expired five years later, Bourassa’s government did not renew it. Instead it belatedly aligned the sign law with the Supreme Court’s prescriptions.

Now, as then, the federal government has the power to disallow a provincial law. But that power has not been used since 1943 and, by all indications, the current prime minister is no more inclined to dust it off than his father was at the time of the introduction of the PQ’s language law in the late seventies.

On Tuesday, Trudeau said he would leave it to Ontario voters to judge whether Ford’s decision to reach for the biggest hammer in the constitutional toolbox to quash opposition to his bid to shrink Toronto’s municipal government in the middle of an election campaign was appropriate.

If the prime minister used the constitutional levers at his disposal to intervene in the dispute between Queen’s Park and Toronto city hall, he would set himself up to do likewise if the next Quebec government ever does suspend some of the Charter rights enjoyed by the province’s religious minorities.

It is hard to think of anything more likely to trigger an all-out Ottawa/Quebec brawl than a move by a federal government to nullify a law passed in the National Assembly.

The notwithstanding clause is more widely seen as a legitimate tool in Quebec than anywhere else in Canada. But it would be simplistic to conclude that repeated use has normalized the practice. The province’s difficult history with constitutional politics and the autonomist instincts of its francophone majority largely account for the difference.

It is too early to know whether Ford’s use of the notwithstanding clause will start a trend that will spread to other provincial capitals or, on the contrary, make reaching out for it more politically toxic everywhere. But without support to do away with the clause from either Ontario or Quebec, it is not about to be written out of the Constitution.

Source: Chantal Hébert: Will Quebec be the next province to use the ‘notwithstanding’ clause?

In Sweden, Populist Nationalists Won on Policy, but Lost on Politics

Geert Wilders had a similar effect on Dutch politics, shifting the consensus to the right and anti-immigration.
If Bernier succeeds in creating a new party, and if that party gains some support, it could have a similar effect but, IMO, much smaller effect given Canadian demographic and political realities:
Never mind the headlines: Sunday’s election in Sweden was a major setback for the far right. The populist-nationalist Sweden Democrats may have seen their percentage of the vote increase from 13 percent in 2014 to just shy of 18 percent this year, but they and many experts anticipated a much higher share; some even predicted that they would become the largest party in the country. Such an outcome would have been in keeping with their history of rapid growth, of more than doubling their previous tally in every election since 1998. Instead, they posted unexpectedly meager gains, which will do little to strengthen their influence in a deadlocked parliament where all other parties, center-right as well as left, refuse to negotiate with them.And yet, this conclusion is the result of what some may consider a troubling bargain. In past contests, the Sweden Democrats’ keystone political cause of reducing immigration had been used to stigmatize the party. This year, multiple parties —including the center-left Social Democrats and center-right Moderates—included calls for reduction in their platform.

The anti-immigration position was normalized even as it was neutralized.

At the center of this drama is an unusually complicated political party. When compared to other nationalist forces in Europe, the Sweden Democrats appear relatively moderate. They expel members who make explicitly racist or anti-Semitic statements, claim to reject ethno-nationalism, endorse a pathway toward full civic and cultural membership for Sweden’s minorities, have shown little love for global strongmen such as Russian President Vladimir Putin or President Donald Trump, and are headed by Jimmie Åkesson—a blushing mother-in-law’s dream with gentle mannerisms. But if style and policy place the Sweden Democrats on the softer side of global anti-immigrant movements, their history does not: They were born in 1988 from the merger of a tax-populist party and a white-nationalist organization.

Despite the Sweden Democrats’ internal reform campaigns aimed at repelling radicalism, most Swedes were horrified when the party first entered parliament in 2010 with 5.7 percent of the vote. In their eyes, homegrown neo-Nazis had marched into government, thrashing a global reputation of exceptional tolerance and progressivism in the process. For existing parties, dialogue with the newcomers was out of the question: It was acquiescence to extremism. Moral consensus and political logic seemed to dictate the repudiation of the Sweden Democrats and all they stood for, first and foremost their agenda to restrict immigration. Commitment to Sweden’s generous refugee policy became dogma.It was a righteous stand, perhaps, but also a short-sighted one. Sizable minorities of Swedes since the late 1990s have wanted reductions in the number of immigrants admitted to the country as well as more emphasis on assimilation rather than multiculturalism. Those sentiments had no outlet in establishment politics, creating an opportunity for the Sweden Democrats. Scandal after scandal—including those revealing that its lower ranks included racist ideologues and anti-Semites—could not stop the party’s growth so long as it held the monopoly on immigration skepticism. Whether motivated by economics, cultural concerns, or racism, voters seeking cuts in immigration had only one option. That remained true even after the Sweden Democrats climbed to a 12.9 percent share of the vote in 2014.

But an unprecedented shift in Swedish politics came the following year. War, poverty, and political strife across North Africa and the Middle East sparked a massive wave of immigration to Europe, and Sweden was one of the prime destinations. By the end of 2015, Sweden had received upwards of 160,000 asylum seekers, more per capita than any other country in Europe.

Prime Minister Stefan Löfven initially said there was theoretically no limit to the number of immigrants Sweden could embrace. But it soon became clear that a limit had in fact been reached. Sweden’s schools, hospitals, and law enforcement could not handle such numbers. In late November 2015, the center-left government, headed by the Social Democrats and the Green Party, initiated restrictions on refugee immigration. And the center-right Moderate Party, whose leader just a year before had called on Swedes to “open their hearts” and allow large-scale immigration to continue, called for closed borders.

It was a U-turn on Swedish politics’ definitive issue. (American readers looking for a comparison might imagine the Democratic Party ending Social Security, or Republicans annulling the Second Amendment.) And its implicit message was bitter for the political establishment. The Sweden Democrats had been right: Refugee migration was destabilizing the country.

Forced by circumstance, with great reluctance and occasional pain—the Green Party leader sobbed as she announced cuts to refugee migration during a press conference—Sweden’s politicians moved toward a new political consensus. The country’s largest parties, the Social Democrats and the Moderates, as well as the center-right Christian Democrats, adopted platforms calling for reduced immigration, and they carried those positions into elections this year.The parties differed on how much of a reduction they sought and how to achieve it. There was enough cross-party agreement, however, to make immigration a somewhat boring topic of debate in this year’s election. Immigration was just one subject among many, sharing space with youth unemployment, health care, and gender equality.

In a sense, then, the Sweden Democrats succeeded beyond their wildest dreams: Parties espousing restrictions to immigration received a combined three-quarters of the vote, and ideas once confined to the far right spread into the establishment. Yet if the Sweden Democrats won on policy, they lost their political cudgel. The far-right party will not have the opportunity to implement its long-desired reductions in immigration, or any other policy for that matter. Future border restrictions will be pursued by centrists, and in the eyes of many Swedes, this will mean more thoughtful and compassionate policy.

Source: In Sweden, Populist Nationalists Won on Policy, but Lost on Politics

U.S. Has Highest Share of Foreign-Born Since 1910, With More Coming From Asia

Significant shift.

Extent to which it may change the tenor of US immigration debates, largely over illegal and undocumented immigration from Mexico and Central America unclear:

The foreign-born population in the United States has reached its highest share since 1910, according to government data released Thursday, and the new arrivals are more likely to come from Asia and to have college degrees than those who arrived in past decades.

The Census Bureau’s figures for 2017 confirm a major shift in who is coming to the United States. For years newcomers tended to be from Latin America, but a Brookings Institution analysis of that data shows that 41 percent of the people who said they arrived since 2010 came from Asia. Just 39 percent were from Latin America. About 45 percent were college educated, the analysis found, compared with about 30 percent of those who came between 2000 and 2009.

“This is quite different from what we had thought,” said William H. Frey, the senior demographer at the Brookings Institution who conducted the analysis. “We think of immigrants as being low-skilled workers from Latin America, but for recent arrivals that’s much less the case. People from Asia have overtaken people from Latin America.”

The new data was released as the nation’s changing demography has become a flash point in American politics. President Trump, and many Republicans, have sounded alarms about immigration and suggested the government needs to restrict both the number and types of people coming into the country.

The last historic peak in immigration to the United States came at the end of the 19th century, when large numbers of Europeans fled poverty and violence in their home countries. Some of the largest numbers came from Germany, Italy and Poland. That wave peaked around the turn of the century, when the total foreign-born population stood at nearly 15 percent. But after the passage of strict racial quotas in the 1920s, the foreign-born population fell sharply for decades in the middle of the 20th century. By 1970, the population was below 5 percent.

The passage of a more liberal immigration law in 1965, which ended ethnic quotas and prioritized family reunification, ushered in new demographics. And the changes have only accelerated in recent years.

For many years, Mexico was the single largest contributor of immigrants. But since 2010, the number of immigrants arriving from Mexico has declined, while those from China and India have surged. Since 2010, the increase in the number of people from Asia — 2.6 million — was more than double the 1.2 million who came from Latin America, Mr. Frey found.

The foreign-born population stood at 13.7 percent in 2017, or 44.5 million people, compared with 13.5 percent in 2016.

Some of the largest gains were in states with the smallest immigrant populations, suggesting that immigrants were spreading out in the country. New York and California, states with large immigrant populations, both had increases of less than six percent since 2010. But foreign-born populations rose by 20 percent in Tennessee, 13 percent in Ohio, 12 percent in South Carolina and 20 percent in Kentucky over the same period.

Emmanuel D’Souza, a nurse practitioner in Dayton, Ohio, who emigrated from India in 2004, said he has noticed a growing and thriving Indian population in his area.

“Now when you go to the grocery store at 5 or 6 in the evening, you see a lot of Indian people, buying vegetables after work,” said Mr. D’Souza.

He said he saw fewer Indian people when he bought his house in 2009 than he does today. Now he counted at least four temples and two mosques, and said there are two Indian specialty grocery stores. Mr. D’Souza, 41, who is Catholic, also sees Indians in church on Sundays.

The data also suggests a political pattern among states with large percentages of foreign-born residents. Of the 15 states with the highest concentration of immigrants, all but three — Florida, Texas and Arizona — voted for Hillary Clinton in the 2016 presidential race. Many of the states with low and moderate concentrations of foreign-born people voted for Mr. Trump, Mr. Frey found.

In those low-concentration states, foreign-born populations tended to be more educated than the native-born. In Ohio, for example, 43 percent of the foreign-born population is college educated, compared with just 27 percent of American-born Ohioans. About 43 percent of the foreign-born population is from Asia, far more than the 20 percent from Latin America.

The same can be true in states with large immigrant populations. About 15 percent of the population of Maryland last year was foreign-born. Of those people, 42 percent had college degrees, compared with 39 percent of American-born Marylanders.

Chao Wu, a data scientist in Columbia, Maryland, who came from China in 2003, said he had long known about Asian graduate students in the United States, because he had been one. But it wasn’t until he started running for a seat on his county’s board of education that he noticed the richness and variation in the population.

“I increased my outreach and I realized there was a big Asian-American business community, with restaurants and grocery stores,” he said. He said he recently helped organize a ceremony in his town with a sister city in China. A portion of Route 40 was renamed Korean Way.

But the rising levels of education are not lifting everyone. Asian-Americans are now the most economically divided racial or ethnic group in the country, according to a Pew Research Center analysis. Income inequality among Asian-Americans nearly doubled from 1970 to 2016.

While people from Asia make up the largest share of recent newcomers, a majority of the country’s total foreign-born population is still from Latin America — 50 percent, compared to 31 percent from Asia.

North Dakota had the single largest percentage increase in foreign-born residents since 2010, Mr. Frey said, with the number going up by 87 percent. Dr. Fadel E. Nammour, a gastroenterologist in Fargo, N.D., who moved to the United States from Lebanon in 1996, said he has noticed more immigrant-owned restaurants since he moved to North Dakota in 2002. In recent years, the state has settled refugees from countries including Iraq, Somalia and Congo. In all, foreign-born people in North Dakota rose to 31,000 in 2017 from just 16,600 in 2010, Mr. Frey found.

“There is more diversity now,” Dr. Nammour said. “You can tell by food. There are Indian places that opened up. We have an African place now. Little things that are a little bit different.”

Source: Immigrants, Many from Asia, Reach Highest Share of U.S. Population Since 1910Immigrants, Many from Asia, Reach Highest Share of U.S. Population Since 1910The Census Bureau’s figures for 2017 confirm a major shift in who is coming to the United States.The new arrivals are more likely to come from Asia and to have college degrees than those who arrived in past decades.

Tata Immigration Case Could Shake IT Companies to ‘Very Core’

Similar to the 2013 controversy in Canada when RBC replaced some of its IT workers by temporary foreign workers (RBC replaces Canadian staff with foreign workers | CBC News – CBC.ca):

A class action accusing Tata Consultancy Services Ltd. of bias against U.S.-born workers could make big waves in the information technology staffing industry.

The case is one of seven asserting that IT staffing companies prefer foreign workers from South Asia over qualified Americans. All of the companies being sued are heavy users of H-1B guestworker visas, which go to skilled professionals in “specialty occupations.”

Should a court rule that Tata Consultancy’s and other consulting firms’ use of those visas violates anti-discrimination laws, it could force the companies to change their long-standing hiring and business models. If there aren’t enough U.S. workers to take the place of H-1B visa holders, as the companies say, that could force them out of business.

Daily Labor Report® is the premier resource that the nation’s foremost labor and employment professionals rely on for authoritative, analytical coverage of top labor and employment news.

Tata Consultancy is the second largest H-1B user, with 14,697 visa petitions approved in fiscal year 2017, according to U.S. Citizenship and Immigration Services data. By contrast, the company recruited about 3,000 U.S. workers last year, and 12,500 over the past five years, a spokesman told Bloomberg Law.

Cognizant Technology Solutions Corp., a defendant in one of the other class actions, led the H-1B pack with 28,908 approved petitions last year.

The case against Tata Consultancy is one of “straightforward pattern and practice of discrimination that violates federal discrimination laws,” Daniel Kotchen of Kotchen & Low in Washington said in an email to Bloomberg Law. Kotchen’s firm is acting as lead or co-counsel in all seven class actions.

“Plaintiffs are confident in their case and look forward to trying the issues,” he said.

Outsourcing More Common

As more and more U.S. companies outsource their IT functions, that work has been absorbed by the overseas staffing companies, Allen Orr, second vice president of the American Immigration Lawyers Association, told Bloomberg Law. It’s much cheaper for a company with a temporary IT project to contract it out than to hire an H-1B worker directly, he said.

IT staffing companies have high numbers of H-1B workers because the work that otherwise would’ve been spread out among their clients is concentrated in those organizations, said Orr, who practices with the Orr Immigration Law Firm in Washington.

A finding of discrimination could put those companies out of business, but that wouldn’t end the dominance of H-1B workers in the IT industry, he said. It just “shifts the market demand” back to direct hiring of H-1B workers, he said.

IT staffing companies’ use of the H-1B program has been under fire by various government officials since a pair of high-profile cases in 2015 in which U.S. tech workers at Southern California Edison and Walt Disney World were laid off and required to train their H-1B replacements. The H-1B workers were employees of the IT staffing companies that SCE and Disney contracted with in lieu of retaining their own IT departments.

The Trump administration also took aim at the specialty visa program with an April 2017 executive order requiring employers to prioritize hiring of U.S. workers.

Big Shakeup

The class action cases take aim at seven different companies, each with roots in India or Sri Lanka. They include: Koehler v. Infosys Techs. Ltd., E.D. Wis., No. 2:13-cv-00885; Buchanan v. Tata Consultancy Servs., Ltd., N.D. Cal., No. 4:15-cv-01696; Palmer v. Cognizant Tech. Solutions Corp., C.D. Cal., No. 2:17-cv-06848; Phillips v. Wipro, Ltd., S.D. Tex., No. 4:18-cv-00821; Sugg v. Virtusa, D.N.J., No. 3:18-cv-08036; Grant v. Tech Mahindra (Americas) Inc., D.N.D., No. 3:18-cv-00171; and Voll v. HCL Techs. Ltd., N.D. Cal., No. 5:18-cv-04943.

Wipro “will vigorously defend against these meritless allegations in court,” the company said in a statement provided to Bloomberg Law. It added that Wipro “is committed to the principle of equal employment opportunity and provides all our employees with a work environment that is free from discrimination and harassment of any kind.”

“Tech Mahindra denies the allegations and is challenging the matter in court,” a company representative said in a statement provided to Bloomberg Law. “Tech Mahindra does not discriminate against any group or individual on the basis of race, creed, sex, sexual orientation, age or national origin,” the representative said.

“HCL is an equal opportunity employer and does not tolerate discrimination or harassment based on national origin, age, gender, color, religion, sexual orientation, pregnancy, disability etc.,” the company said in an email to Bloomberg Law. “We take great pride in our employment practices, including diversity at workplace.”

Representatives for the other IT staffing companies couldn’t be reached for comment about the national origin bias allegations.

A win for U.S. workers “would shake those corporations to the very core,” said David North, a fellow with the Center for Immigration Studies, which supports lower immigration levels.

The IT staffing industry in the U.S. is dominated by companies and workers from another part of the world, said North, who served as assistant for farm labor to the secretary of labor in the Johnson administration. “You cannot imagine a parallel situation to what we have with the Indian outsourcing companies,” he told Bloomberg Law.

A representative for NASSCOM, the trade association representing Indian IT services companies, declined to comment on the cases.

Tata Case Could Set Standard

The Tata Consultancy case is the furthest along, with a trial date set for Nov. 5 in federal district court in California. That makes it the most likely to set the standard for other cases to follow.

The judge presiding over the case last year refused to throw out the lawsuit and allowed it to go forward as a class action. Last month, she also rejected Tata Consultancy’s “hail-Mary effort” to restrict the workers’ remedy to just monetary damages.

That means the company could be subject to a court order requiring it to change its hiring and employment practices.

The company, however, denies the allegations.

“TCS is an equal opportunity employer, and as such, bases its employment decisions—including recruiting, hiring, promotions, retention, and discipline—on legitimate non-discriminatory business reasons without regards to race, national origin, color, religion, gender, sex, sexual orientation, gender identity, disability, age, veteran status, or any other characteristic protected by federal, state or local law,” a Tata Consultancy spokesman said in a statement provided to Bloomberg Law.

The company believes the allegations are “baseless,” he said.

But Kotchen said the company “has a corporate preference to predominantly staff U.S. positions with South Asians, including visa holders from India.” As a result, employees who aren’t South Asian aren’t given work to do and are fired at “strikingly disproportionate rates,” he said.

“It’s hard to show that there’s discriminatory intent,” especially when a company can’t be certain which employees it can hire in a given year, Orr said. For the past several years, demand for H-1B visas has outstripped supply, resulting in a lottery to determine which employers can access the visas.

Employers filed 190,098 applications this year for a total 85,000 H-1B visas.

Many employees of IT staffing companies also wind up getting green cards, a process that requires a labor market test, Orr said. “If U.S. workers had those qualifications, then they’d be filling those jobs,” he said.

‘Niche’ Discrimination ‘Gets Ignored’

The Justice Department’s Immigrant and Employee Rights section launched an initiative to combat discrimination against U.S. workers, but it only has jurisdiction to prosecute national origin claims against small companies.

“It’s hard for government officials to get their minds around the concept that maybe a minority is being discriminated for as opposed to against,” North said. On the political left you have the feeling that you shouldn’t attack a minority group, and on the right you have a reluctance to attack corporations, he said.

It’s a “niche situation” that often “gets ignored,” North said.

The Equal Employment Opportunity Commission has jurisdiction over large companies, but it’s prohibited by law from confirming or denying the existence of specific discrimination charges, or from providing information about ongoing investigations, agency spokesman Joseph Olivares told Bloomberg Law.

He did point to an EEOC report finding that the tech industry in general employs a higher share of white, Asian, and male workers than the private sector in general.

Business Model

Sara Blackwell, a Florida-based attorney who represented former Disney tech workers in a lawsuit that was later dropped, said a class action win “would open the doors for a lot of these American workers.” She said “their opportunities are really small.”

But “unless you change the business model, this isn’t going to fix” the problem for many U.S. workers, Blackwell told Bloomberg Law.

Congress needs to change the law to have a meaningful impact on the practice, she said.

Source: Tata Immigration Case Could Shake IT Companies to ‘Very Core’

The left must restore the ties between antisemitism and other racism

Good thoughtful commentary on the need to recognize the linkages between antisemitism and other forms of racism and discrimination:

Jewish new year is a time for reflection, and the subject of Labour and antisemitism inevitably featured on the list of things to think about this year. Indeed, it was hard to avoid, for on the eve of Rosh Hashanah, the Labour MP Chuka Umunna proclaimed his party to be “institutionally racist” over antisemitism. Folded into this row is a painful aspect of the story: that elements of the left, for whom fighting racism is a deeply held principle, might overlook, underplay or even reproduce this ancient race-hate against Jewish people.

The issue has coalesced around the Labour leader, Jeremy Corbyn, and his supporters. But in truth, it is nothing new. Published in the early 1980s, Jewish socialist Steve Cohen’s book That’s Funny, You Don’t Look Antisemitic, still resonates today. He wrote: “It is intolerable that the socialist movement has never been prepared to look at its antisemitism in a self-critical way.”

Leftwing antisemitism can arise from common misconceptions, such as coding all Jewish people (including those, like me, from an Arab-Jewish background) as white – in both political and status terms. Racism as an imagined white superiority over people of colour underpins current discrimination and appalling historical injustices such as colonialism and slavery, which continue to cause terrible harm today. By contrast, a core antisemitic trope is the Jewish conspiracy of a shadowy all-powerful group controlling the world, or at least the media – based on an imagined superior status of Jews. Perceptions of Jewish people as “white” can also mask their persecution as a racialised minority. Jews were long hated as the “other”, the Orientals of Europe, in language of a type deployed to demonise Arab and Muslim populations today.

Meanwhile, the Israeli-Palestinian conflict has driven a wedge between battles against racism and antisemitism. The Oxford philosopher Brian Klug locates the genesis of this divide in a 1975 UN general assembly resolution asserting that Zionism, alongside colonialism and foreign occupation “is a form of racism and racial discrimination”. This, Klug argues, “erased the origins of Zionism in the Jewish historical experience of exclusion, expulsion and racial discrimination”. Eventually dropped, the resolution, he says, had a lasting effect on the left – diminishing the idea that, as well as being experienced as colonial racial discrimination by Palestinians, Zionism was also a national movement born of oppression and trauma. Cohen sums up this duality by describing Zionism as both racist and anti-racist – the latter because it was an answer to the murderous anti-Jewish racism of Europe.

For the left, this division deepened in 2001, when a world conference against racism in Durban, South Africa issued a statement that Zionism equals racism. Again Jewish nationalism arising from a need to escape race hate was defined solely and purely as a perpetrator of race hate. It’s not surprising that criticism of Israel grew more urgent and damning during this period. It was marked by the breakdown of the Oslo peace process and Palestinian uprising in 2000, Israel’s military reoccupation of the West Bank and building of a separation wall, its siege of Gaza and subsequent deadly assaults on the strip in 2008 and 2014, as well as war with Lebanon in 2006, demolitions of Palestinian homes and expansion of illegal Jewish settlements. But around this time, mention of Jewish self-determination came to be met with suspicion. It was seen as an attempt to quash the historical facts of the devastation and dispossession caused by Israel’s creation for Palestinians, or as deflection from Israel’s military aggression, or a way of engineering equivalence between two sides in a starkly asymmetric conflict.

More recently, divisions are compounded by political invocations of “Judeo-Christian values”. Commonly but by no means exclusively used by the far right as a way of excluding Islam, this Judeo-Christian tradition is a surprise to those who recall that the deadly depictions of Jewish people as responsible for killing Christ or drinking the blood of babies came out of Christian Europe. Or that Jews and Muslims enjoyed the centuries-long creative coexistence of a Golden Age in Spain – until Christian armies rolled up and expelled both communities in 1492. Or that Jews living in Arab and Muslim lands did not suffer the regular pogroms and persecutions inflicted upon their co-religionists in Christian Europe during the same period. If there is a historic sharing of values, it is a Muslim-Jewish one – although this currently has no perceived use politically. But the promotion of this mythical Judeo-Christian love-in has reinforced a perception of where Jewish people fit geopolitically: with the imperialist, crusading west and not among the persecuted and suppressed.

All of which feeds the blind spot we see now amid the left. It can appear obliquely, in suggestions that Jewish people have been granted unique protections from discrimination, or in the denial of material consequences to antisemitism so that, unlike other racism, it is only about offensive words. This misses the fact that language is frightening precisely because it is integral to the architecture of antisemitism, which can and has culminated in violence, exclusion and ultimately genocide. Race- or faith-based prejudice is ever-present across society, which is why such animosities can be so readily roused by ideologues.

A new alliance of black, Asian, Muslim and Jewish people, of which I am a member, advocates a different approach, asking that organisations not only tackle antisemitism but also link it to work on tackling other racism. It’s vital that the left reconnects these divided struggles, building solidarity and mutualism at a time when communities are being prised apart by global politics. Antisemitism within the left did not start with Labour’s current leader. He could, however, now help to end it.

Source: The left must restore the ties between antisemitism and other racism

Asylum-seeker surge at Quebec border choking Canada’s refugee system, data show

Good in-depth analysis of the numbers:

The wait time for a refugee claim hearing in Canada increased more than a third over the past two years, to 19 months, as more than 30,000 asylum seekers arriving via unauthorized border crossings placed significant pressure on the system.

Overwhelmed by the number of migrants, the Immigration and Refugee Board (IRB) has only managed to finalize 15 per cent of the 27,674 asylum claims made by people who illegally entered Quebec – where the majority of the crossings took place, mostly at a single location near St. Bernard-de-Lacolle – between February, 2017, and this June.

The resulting backlog has created a growing queue for any and all asylum seekers. Under the Supreme Court’s landmark 1985 Singh decision, all refugee claimants on Canadian soil are entitled to an oral hearing.

Asylum seekers who cross illegally at the U.S.-Canadian border eventually face the same questions as all other refugee claimants: Are they genuine refugees, fearing persecution in their home countries? Data from the IRB show that less than half of the claimants in finalized cases – 1,885 – have been accepted as legitimate refugees in Quebec, significantly lower than the proportion for all refugee cases in Canada.

Canada has only deported a small number of the nearly 30,000 asylum seekers who
illegally entered Quebec through unauthorized border crossings since last year, accord-
ing to statistics from the Canada Border Services Agency.

The majority of border crossers have entered Canada through Quebec, mostly at an
unauthorized port of entry in St. Bernard-de-Lacolle. While a breakdown of adjudicated
cases was not available for Quebec, national statistics paint a picture of a refugee deter-
mination system that has been slow to finalize asylum claims.

But a separate data set from the Canada Border Services Agency shows that only a handful of those who have been denied refugee status have been deported. The CBSA said it had removed just 157 people who entered Quebec through unofficial border crossings since April, 2017 – about one in every 200. It said another 582 are being processed for deportation.

Canada-wide, the CBSA said it has deported 398 of the 32,173 people who crossed into Canada illegally since April, 2017. Of those, 146 were sent back to the U.S., while the rest were deported to 53 other countries, including Haiti (53), Colombia (24), Turkey (19) and Iraq (15).

Refugee lawyer Lorne Waldman said the relatively low number of deportations is simply an indicator of the system.

“It doesn’t surprise me because it takes a while for cases to make their way through the system. So people who came a year ago, if the system works efficiently, they should be at the end of the system and subject to removal if their claims are rejected,” he said.

But the situation at the border has put pressure on Canada’s already-strained refugee determination system. The projected wait time for a refugee claim hearing is currently 19 months, up from 16 in September, 2017, and 14 in September, 2016 – just before the influx of asylum seekers.

Tens of thousands have flooded the Canada-U.S. border since last year. Initially, many of the border crossers were Haitians who had been living in the U.S. under a temporary protected status (TPS) they had been given after the massive 2010 earthquake in Haiti. When the Trump administration announced its intention to end the TPS for Haitians, word spread among the community there that they could apply for refugee status in Canada if they headed north and found a way into the country.

But it wasn’t as simple as showing up at the border and claiming asylum. The Safe Third Country Agreement between Canada and the U.S. requires both countries to refuse entry to asylum seekers who arrive at official border crossings, as both countries are considered safe for refugees. However, since the agreement applies only to people who arrive at official points of entry, asylum seekers can avoid being turned away by entering between official border crossings – a loophole thousands have taken advantage of.

This year brought a new wave of asylum seekers in St. Bernard-de-Lacolle: Nigerians travelling on valid U.S. visas. It’s not exactly clear why Nigerians choose to travel on U.S. visas instead of Canadian ones, but Mr. Waldman said the U.S. visa system is seen as more generous than Canada’s. Many of the Nigerian asylum seekers obtain visitor visas and use them to fly into the U.S. They then head north to the Quebec border, cross into Canada and apply for asylum.

Earlier this year, Immigration Minister Ahmed Hussen and senior government officials travelled to Nigeria to raise their visa concerns directly with U.S. officials there. Mr. Hussen said the Nigerian government also pledged to discourage its citizens from claiming asylum in Canada after crossing between official points of entry along the U.S. border.

The IRB has finalized just 4,181 asylum claims made by border crossers in Quebec between February, 2017, and June of this year (more current data were unavailable), of which only 45 per cent – 1,885 – were accepted. Another 1,614 claims were rejected, and 682 were abandoned or withdrawn.

That number of accepted claims is significantly lower than the Canada-wide acceptance rate for all refugee claims. As of June, the IRB had approved 7,831 of 13,687 – 57 per cent – of all processed asylum cases made since Dec. 15, 2012, including claims made by asylum seekers who crossed illegally into Canada. Another 55,567 claims were still pending. A small number of refugee claims made before 2012, when the refugee determination system underwent significant changes, are documented separately.

As a part of the 2018 federal budget, the government invested $72-million in the IRB, which will be used to hire 64 new decision-makers in an effort to improve processing times.

Montreal refugee lawyer Mitchell Goldberg said he is optimistic processing times will start to decrease as the government dedicates more resources to the matter.

The deportation process can take even longer, especially if an asylum seeker chooses to exhaust all their appeal options – a source of concern for the Conservative opposition.

“It’s completely unreasonable for our asylum system to be backlogged for years and then for us to not have a functioning system to remove people who don’t have a legal reason to be in Canada,” said Conservative immigration critic Michelle Rempel.

However, NDP immigration critic Jenny Kwan said the former Conservative government, in which Ms. Rempel served as a cabinet minister, is also to blame for the delays at the IRB.

“There’s been pressure on the system for many, many years, from the Conservatives to the Liberals. Successive governments have not resourced the IRB accordingly so that they can get the job done,” Ms. Kwan said.

Asylum seekers waiting for their cases to be heard have had to find accommodation, with thousands heading to Toronto, where the city has paid to house them in hotel rooms, dormitories and shelters for the homeless. Ottawa has pledged $50-million to defray the costs incurred by the provinces, with Quebec receiving $36-million, Ontario $11-million and Manitoba $3-million. But Toronto and Ontario have been pressing the federal government to pay much more, with the provincial Progressive Conservative government demanding a reimbursement of $200-million.

Mr. Waldman also said the government must do more to address the IRB delays, as the long wait times serve as a “magnet” for illegitimate asylum claimants who know they can potentially spend years in Canada while their cases linger in the system.

Source: Asylum-seeker surge at Quebec border choking Canada’s refugee system, data show

Artist says Serena Williams U.S. Open cartoon ‘not about race.’ Experts disagree

Good background and discussion. My reaction looking at the cartoon is that it was racist:

If you follow tennis or Twitter, at all, you have probably seen the cartoon showing Serena Williams stomping on her racket in her U.S. Open loss on Saturday, with her features exaggerated into a caricature.

It is a product of Australia — from the Herald Sun, a tabloid in Melbourne owned by Rupert Murdoch. And it has set off an international storm of outrage, with athletes, fans and even J.K. Rowling denouncing the cartoon as sexist and racist.

How did it come to be?

On Tuesday, the artist, Mark Knight, and his boss tried to explain, arguing that their critics missed the point.

“The cartoon about Serena is about her poor behaviour on the day, not about race,” Knight said in an article on the Herald Sun website about the backlash.

The newspaper’s editor, Damon Johnston, backed him up.

“A champion tennis player had a mega-tantrum on the world stage, and Mark’s cartoon depicted that,” he said. “It had nothing to do with gender or race.”

Let’s examine that defence — with some history, context and a few experts in both cartooning and Australian race relations.

Who Is the Artist?

In Australia, Knight is a household name, known for being provocative. Politics and sports are his two main subjects and in defending his Williams cartoon on Twitter, he pointed to a previous critique of Australian tennis player Nick Kyrgios as proof of his impartiality.

But Knight’s critics also point out that he has been accused of racist depictions before.

Earlier this year, he published a cartoon showing African teens fighting and causing destruction. It was an effort to criticize a local politician for banning the display of Sky News, a Murdoch-owned television news channel, from train platforms, but that is not how it was received.

Many Australians argue that Knight’s work reflects a wider pattern. Australia has never fully confronted its own history of racism, and scholars say the conversation around race in Australia is not as robust and layered as it is in the United States.

Ideas like implicit bias are rarely referenced or widely understood, for example, and many people say Knight’s employer deserves a fair share of the blame.

Murdoch’s News Corp. is the largest media company in Australia with assets that include more than 200 newspapers and magazines along with television channels and radio stations.

Many of these outlets, moving loosely together, have stirred racism for decades. And yet the tone and frequency have been intensifying more recently as their preferred party in Australia, the Liberals, have struggled politically.

The Murdoch press is not alone in the case of Williams. The sports media in Australia — in general dominated by white, older men — condemned Williams’ outburst while dismissing her argument that male players are given more leeway to misbehave.

“This is what Australia does,” said Shareena Clanton, an Aboriginal Australian actress and activist. “This is what it has always done to people of colour and, in particular, Black women who reach the top.”

“This whole cartoon is vile,” she added, saying that Williams’ opponent, Naomi Osaka, had been drawn as a white woman. “The fact that it was printed and passed the editor’s room speaks even more volumes about the landscape of our media here in Australia.”

Chris Kindred, a cartoonist in Richmond, Virginia, said it only confirmed what many Americans already knew. “It’s nothing new,” he said. “Australia has an issue confronting racism. Water is wet.”

Do the Artist’s Intentions Matter?

Knight and his editor have said that their motivations were pure.

“I drew this cartoon Sunday night after seeing the U.S. Open final, and seeing the world’s best tennis player have a tantrum and thought that was interesting,” Knight said in the statement, adding: “The world has just gone crazy.”

That explanation does not work for many cartoonists. Many said that working in the medium of cartooning means soaking up some of the history and that history is, flat out, inseparable from racism.

In interviews, other cartoonists went even further.

“Comics has a very long history of racist iconography, which includes blackface iconography in some of the most acclaimed cartoonists in history,” said Noah Berlatsky, author of Wonder Woman: Bondage and Feminism in the Marston/Peter Comics.

“Thomas Nast, Winsor McCay, Will Eisner, R. Crumb all used blackface imagery; Dr. Seuss did viciously racist anti-Japanese cartoons during World War II, and on and on,” Berlatsky said. “Using exaggerated racist imagery for comic effect is one of the most characteristic moves of the comic medium.”

It is hard to believe, he said, that Knight did not know this history. A spokesperson for the Herald Sun said Knight was too busy to be interviewed. But cartoonists who have tried to defend similar work in the past have argued that this history inoculates them — that it is just how cartooning works.

No way, Berlatsky said.

“The problem is that picking up racist iconography from 100 years ago in order to attack a Black woman still makes you racist, even if you think you’re participating in the tradition of comics rather than in the tradition of racism,” Berlatsky said. “The tradition of comics very often has been the same as the tradition of racism, and you can choose to push back against that, or you can be racist. Knight has chosen the second option.”

But Is It Fair to Hold an Australian to an American Standard?

Not being American, some cartoonists argue, is no excuse.

“While Australia has its own unique colonial history separate from the United States, the Western world, including Australia, share an esthetic history,” said Ronald Wimberly, an artist and designer known for his commentary on race and comics.

That history includes an effort “to dehumanize Black and brown people by degrading their features into symbols of the subhuman,” Wimberly said, offering a detailed critique of the U.S. Open cartoon, which he described as a failure on many levels:

“Is this cartoon racist? First, what is this cartoon doing? What’s the object? The text is a pretty clear, if flaccid, punchline regarding Serena Williams’ poor sportsmanship. It alludes to Serena being childish and angry (I’d argue that the text relies on racist, sexist tropes, too).

“But cartoons are a drawing medium. Now, I don’t want to blindly attribute intent, but setting aside the possibility that the cartoonist is just that poor a draughtsman, the drawings seem to ridicule Serena’s appearance. These aren’t very good likenesses. Mark isn’t using the medium to support his joke by, say, depicting Serena as a baby, in which case the pacifier should have been more prominently featured.

“Cartooning uses the shorthand of symbols to depict things. This is our craft. Using symbols. The pacifier is a symbol of immaturity, it alludes to a baby throwing a tantrum. But Mark is also drawing from a different history of symbols here. Racist and sexist symbols. Mark critiques the appearance and performance of Serena’s body in relation to race and sex, not her sportsmanship.”

Wimberly said there was only one conclusion that anyone who knows anything about cartooning or race could come to: “Whether or not Mark intended to draw on the racist history of the symbols, he has. His intent is irrelevant. Either he is a deliberately racist cartoonist — or an incompetent and careless cartoonist.”

Kindred, the cartoonist in Virginia, said that it ultimately comes down to quality, not just sensitivity.

“We want people to make better commentary,” he said. “Racism is a lazy joke to lean on.”

Source: Artist says Serena Williams U.S. Open cartoon ‘not about race.’ Experts disagree

Germany’s New Far-Right Campaign Poster Is Unsubtly Racist

Indeed. Reminder of messaging and posters under the Nazis regarding Jews:

The far-right Alternative for Germany party released a new campaign poster last week with a slogan promising “Islam-free schools” beneath a photo of smiling white schoolchildren.

Alternative for Germany, also known as AfD, released the posters in the midst of its election campaign in the southern German state of Bavaria. Recent polls show the party is on track to win the third-largest share of the vote as it saps votes from the traditional conservative party aligned with German Chancellor Angela Merkel.

But as AfD rallies voters ahead of Bavaria’s elections next month, the party is under intense public and political scrutiny for its links to neo-Nazi organizationsand role in encouraging far-right riots in recent weeks.

AfD’s Bavarian anti-Islam posters have added to the backlash against the party. A German teachers’ associations called the posters dangerous, and an Austrian member of the European Parliament accused the party of promoting fascist rhetoric and racially segregated schools. A British hate crime monitoring group also denounced the poster, tweeting, “Welcome to the new face of fascism.”

AFD
Alternative for Germany’s new poster, vowing “Islam-free schools!” and promoting “dominant German culture.”

AfD claims that the posters are not calling for barring Muslim children from schools, Germany’s Der Spiegel reports, but are opposed to Islamic education in schools and face veils. But some Germans on social media criticized the posters for echoing Nazi-era discrimination against Jewish students, HuffPost Germany reported.

The party has a history of anti-Islamic propaganda, and during last year’s national elections it worked with a conservative American ad agency to create a controversial series of posters, including one reading “Burkas? We prefer bikinis” and another with a photo of a pregnant white woman with the tagline “New Germans? We’ll make them ourselves.”

Although AfD is often careful to distance itself from more politically toxic extremist groups and violent rhetoric, it has repeatedly provoked scandals after its officials made statements downplaying the Holocaust or siding with far-right activists. After anti-migrant riots erupted after the killing of a German man in the city of Chenmitz two weeks ago, a prominent AfD official marched with the founder of anti-Islamic extremist group PEGIDA in a demonstration against migration.

While AfD is still shut out of governing in Germany, its success has caused traditional right politicians to swing farther right in hopes of winning back voters, especially prevalent in Bavaria, where the Merkel-allied Christian Social Union is losing support and increasingly embracing anti-immigration, anti-Islamic views.

CSU leader Horst Seehofer nearly brought down the German government this year after demanding tighter border controls, and more recently he called immigration the “mother of all political problems” and said he would have joinedfar-right anti-migrant protests were he not an elected official. Bavaria’s CSU premier ordered that crucifixes be hung in all government buildings, and the party last year drafted a law banning full-face veils in public places.

Much like in several other countries where establishment parties mimic the far right, most recently Sweden, the CSU’s shift hasn’t worked, and the party is expected to lose its absolute majority government in a state where it once dominated.

Source: Germany’s New Far-Right Campaign Poster Is Unsubtly Racist