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<h1 class="reader-title">That Debacle at the Border is Genocide</h1>
<span class="post_author_intro">by</span> <span
class="post_author" itemprop="author"><a
href="https://www.counterpunch.org/author/sumiller1452/"
rel="nofollow">Susan Miller</a> - August 16, 2019</span></div>
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<p><em>Prepared text for at talk at Cornbread and
Beans, Norman, Oklahoma. (August 9, 2019.)</em></p>
<p>I’m grateful for the invitation to speak to you. I’m a
Democrat and the child of Democrats, and lately, I’d
vote for the yellow dog. I believe that what I’m going
to talk about today is central to our mission and values
as Democrats.</p>
<p>I’m going to explain the genocidal nature of the
situation at the border and how I know that those are
concentration camps. But first, I’m going to summarize
the history of the situation. I’ll conclude by warning
that things at the border are worse than you think.</p>
<p><strong>I. Yo Tom Cole!</strong></p>
<p>I’m a scholar of American Indian history and culture.
One of my specialties is the study of indigenous peoples
globally. Many of the people of Central America are
indigenous—American Indians like the tribes around here.
Nation-states all tend to apply very similar policies to
indigenous peoples, so my Seminole people are dealing
with much the same US policies as Maori are fielding
vis-à-vis New Zealand and San Bushmen, vis-a-vis
Botswana, Namibia, and South Africa. Therefore,
international legal standards are useful for protecting
indigenous peoples and their ways of life.</p>
<p>So I’m pretty well acquainted with the UN Convention on
the Prevention and Punishment of the Crime of Genocide
(1948). The UN adopted it after World War II in an
effort to prevent future episodes like the Holocaust.
The Convention includes a definition of genocide, so I
had that definition in mind when I started seeing
journalists’ reports that the Department of Homeland
Security was seizing Central American migrant children
from their families and putting them in concentration
camps at the southern border.</p>
<p>As soon as I spotted the last piece of information that
made it clear to me that the policy is genocidal, I
realized that my ranting about it on Facebook wasn’t
going to be enough, and I’d have to do something to call
wider attention to what’s going on at the border. So I
picked out the nearest office of a federal, Republican
elected official—that was Representative Tom Cole’s
local office—and I announced to my friends that I’d be
conducting my own solitary vigil there. I named my
project Yo Tom Cole!</p>
<p>My private vigil lasted only one day, because I invited
a MoveOn demonstration to join me there on the second
day. It drew more than 70 people to Tom Cole’s office.
Sixty-six of them signed his register, others couldn’t
shove their way through the standing room only crowd to
reach the register, and others never left the sidewalk.
So more than 70 people participated, and I’m letting Tom
Cole and his staff wonder whether I can muster 70 people
whenever I want to.</p>
<p>Some of the demonstrators decided to keep up a weekly
vigil. About ten people have been showing up on Tuesdays
at 1:00. We sit on the sidewalk outside the building,
where there’s no traffic and nobody can see us. We each
go upstairs to the office in turn to engage the office
staff about immigration policy. And then we plaster
social media with images of our activity.</p>
<p>So my vigil has been good for me and some other
vigilers, but we’re not really helping any of the
suffering innocents at the border. We’re not ruffling
the staff the way we need to, and Tom Cole is not
feeling any heat from us, so we’ve started looking for
other ideas. In Nebraska, they’re picketing the churches
of Republican elected officials, so we’re eyeing Tom
Cole’s Methodist church in Moore. And we’ll be at his
town hall on the 19<sup>th</sup> at the Weather Center.</p>
<p>Here’s a tablet where you can leave your name and email
address if you’d like to be on the mailing list for the
vigil. And on the slide is the name of the Facebook page
that I started to let my friends know about my little
solitary vigil, which is no longer just mine. Do please
friend it if you’d like to keep up with this project on
Facebook.</p>
<p><strong>II. US Interventions in Central American
Nations Caused the Present Large-Scale Migration</strong></p>
<p>The genocide at the border is a response to an
unprecedented migration of people from Central America.
It began with American interventions in Central American
governments during the 1970s and 1980s, the closing
years of the Cold War. Socialist reform movements were
gaining influence in that region, and US officials were
thinking in Cold War terms: freedom-loving capitalists
versus totalitarian communists. So they sent in military
and CIA agents to steer the Central American nations
away from the Soviet bloc and keep them as US
satellites. During that episode, the US overturned some
legitimately elected Central American governments and
installed puppet governments headed by dictators.</p>
<p>The nations most affected were Guatemala, El Salvador,
Honduras and Nicaragua. The coups d’etat uprooted
hundreds of thousands of people and caused a huge
immigration from Central America to the US in the 1980s.
For those who remained in those nations, the legacy of
that period includes political upheaval, economic
depression, unemployment, low wages, political violence,
and a fantastically high rate of homicide.</p>
<p>In Guatemala, the United Fruit Company, a US company,
was extracting much of the nation’s wealth to benefit
the company’s shareholders. The Company owned the
railroad infrastructure, an entire port, and most of the
good farmland. A small class of Guatemalan elites
enabled the extraction. That left a huge class of very
poor, landless people, mostly Mayan speaking Indians.</p>
<p>In 1954, the elected Guatemalan government passed a
land reform law, which would have forced the Company to
sell its land to the Guatemalan government for
redistribution. The US backed a coup<sup><a
id="post-114200-endnote-ref-1"
href="#post-114200-endnote-1">[1]</a></sup> that
overthrew the legitimate government and installed an
unpopular dictator.<sup><a
id="post-114200-endnote-ref-2"
href="#post-114200-endnote-2">[2]</a></sup> He
provoked a rebellion and then conducted a retaliatory
genocide that went on for decades, through a series of
right-wing dictators. By the end of that period in 1996,
more than 200,000 Guatemalans had died, mostly
indigenous people. Throughout that period, the US was
training the Guatemalan military in methods of
terrorism, including torture and scorched earth tactics.
So American activity there has caused a huge
out-migration that is still going on.</p>
<p>In El Salvador, the US backed a military government
that deployed death squads and carried out massacres. US
military and CIA organized, trained, and funded much of
that activity. Reagan’s administration gave $5 or $6
billion to support it.</p>
<p>In Nicaragua in the late 1970s, a reformist group known
as Sandanistas overthrew a dictatorship. The US backed
the dictator, and when he went down, they backed the
opposition to the Sandanista government, a group called
the Contras. To fund the Contras, Reagan’s officials
smuggled guns to Iran to get money. So that was the
Iran-Contra scandal. Nicaragua is an anomoly, because
they have managed to maintain a stable government with
little out-migration.</p>
<p>Honduras remained loyal to the US, so Reagan’s
administration developed Honduras as a base from which
the Contras attacked Nicaragua’s Sandanista government.
In 2009, Secretary of State Hillary Clinton helped
overthrow the duly elected President Manuel Zelaya after
he introduced social reforms. The Honduran people arose
in mass nonviolent protest demonstrations, and Clinton
helped block Zelaya’s return to power. Since then, the
murder rate has increased by 53%, much of it political
repression. By 2012, Honduras had the highest murder
rate in the world, according to the UN. An estimated one
million Hondurans have fled the situation there; keep
them in mind: we’ll get back to them.</p>
<p>Meanwhile, in 1971, Nixon’s administration declared War
on Drugs. Since then, the US has forced drug cartels out
of Columbia and Mexico, and the cartels have gone to
Central America. Gang violence took root in Central
American countries as an overlay of the political
violence that the US had already caused there. Groups
such as the Contras that formed to oppose reformist
movements are now linked into the local drug gangs.</p>
<p>MS-13 looms large in the Mind of America. It’s a
California gang that the US has deported to Central
America. It’s less important than the Central American
home-grown gangs, except as a stalking horse for Trump.</p>
<p>So the violence of the drug-trade on top of the
violence of political repression is one cause of today’s
heavy migration from Central America. It’s the
stereotype, but it’s only part of the explanation.
Another cause is the high unemployment and low wages
since the US stirred up those governments and messed up
their economies. A third cause is the free
trade-agreements that have driven an estimated 2 million
people off their lands by making small farmers compete
with huge agribusinesses. But most important for the
future is a fourth cause of the huge migration: Farmers
are leaving their homes because their environmental
niche has collapsed. Their farms are failing, or natural
disasters are driving them off their land. They’re like
the Dustbowl refugees. They’re called “climate
refugees.”</p>
<p>The climate problem is worst in an area called the Dry
Corridor that extends from southern Mexico to Panama.
Climate change has caused a 10-year drought, water
shortages, hurricanes, floods, mudslides, and a rising
sea level; and those conditions will only intensify as
the climate worsens. Says one specialist, “It’s going to
be without precedent in human history.” The US bears
great responsibility for this crisis as the greatest
green-house gas polluter in this hemisphere and the
second greatest in the world after China.</p>
<p>Climate refugees have no legal status in either
international law or laws of nations.<sup><a
id="post-114200-endnote-ref-3"
href="#post-114200-endnote-3">[3]</a></sup>
Therefore, when migrants ask for asylum, they have to
give other reasons, which are already recognized in
legal codes. Presumably, many asylum seekers who may
cite violence in their home countries are really like
Dustbowl refugees who would starve if they stayed on
their farms.</p>
<p>So the US bears enormous responsibility for political
oppression and economic disfunction in the migrants’
countries. It is the biggest contributor to the
destruction of their environmental niches. Therefore, we
have a huge share of the responsibility to take care of
those refugees that our policies have created.</p>
<p><strong>III. The Trump Administration Has Converted US
Immigration Policy into a Policy of Genocide</strong></p>
<p> Some Americans hate or fear migrants and blame
problems on the migration. Trump uses those beliefs to
prop up his popularity. And to do that, he’s been
converting US immigration policy to a policy of
genocide. I’m going to tell you about Trump’s
immigration policy, and then I’ll show how it matches up
with the definition of genocide.</p>
<p>Before Trump got in, US immigration policy was already
unconscionable. The US doesn’t want to concede that the
right-wing dictatorships that it supports create
political refugees, so the US refuses to let most of
them in. For example, Clinton’s State Department refused
to admit those million Hondurans whom she helped turn
into refugees. So Trump has taken that bad situation and
turned it into an atrocity.</p>
<p>The official turn toward genocide came on April 6,
2018, when Attorney General Jeff Sessions announced a
“zero tolerance policy” of prosecuting everybody caught
entering the US illegally. Previous practice had been to
deport most of them without prosecution. Two weeks
later, journalists were reporting that when undocumented
immigrants were taken into custody, US officials were
taking their children from them. Nearly 3000 children
were taken from their families between April 6 and June
20, 2018, when Trump issued an executive order ending
“family separation,” but not zero tolerance.</p>
<p>The Trump administration claims that seizing children
is a necessary consequence of the zero tolerance
policy—they can’t stay with parents who are being
prosecuted. Let’s test that claim. Much hinges on the
fact that the courts cannot possibly process everyone
caught entering the country illegally.</p>
<blockquote>
<p>+ Human Rights Watch reports that children have been
taken from adults who were not prosecuted.</p>
<p>+ Reuters reports that Homeland Security was
considering separating children as early as March
2017, 13 months before the zero tolerance policy.</p>
<p>+ The New York Times reports that Trump’s
Administration began seizing children in October 2017,
six months before zero tolerance.</p>
<p>+ And the kicker: not all of the separated families
had crossed illegally. Illegal entry is a federal
misdemeanor, and illegal re-entry is a federal felony.<sup><a
id="post-114200-endnote-ref-4"
href="#post-114200-endnote-4">[4]</a></sup> Simply
showing up at the border and asking for asylum is not
against the law. Many of the people in the
concentration camps are not “illegal” immigrants.</p>
</blockquote>
<p>So taking children is not tied to prosecuting adults.
The other rationale that US officials cite is that the
well-being of the child dictates removing them from the
family’s custody. We can test that rationale against
data provided by the Department of Justice to the
Federal District Court of San Diego, which is overseeing
the case against the child separation policy.</p>
<p>From June 20, 2018, when the policy was rescinded, to
July 30, 2018, 911 children were separated from their
families, allegedly because the parents were a danger to
their children or could not take care of them, or the
adults with children were not really the parents. In one
case, a father allowed his feverish daughter to continue
sleeping in his arms rather than wake her to change her
wet diaper; he had no criminal history. Other cases
involve traffic violations, drunk driving, drug
possession, a misdemeanor assault from 20 years ago,
malicious destruction of $5 worth of property,
shoplifting, driving without a license, and
unsubstantiated allegations. The children were in
shelters for an average of 68 days; 4 of them for more
than 300 days. Of the 911 children, 481 were under age
10, and 185 were under age 6.</p>
<p>Surely nobody in this room has missed the reports of
abuses of children in Border Patrol detention, so I am
not describing it here. Suffice to say that the child
separation policy is not a necessary consequence of
prosecuting adults and is not designed to protect
children. It’s a policy designed to inflict pain on
children and the people who love them. Administration
officials have said that it’s intended to deter
migration, but I think it is intended to satisfy
sadistic, racist, mysogynistic, and xenophobic urges and
to court political support from sadists, racists,
mysogynists, and xenophobes. I also suspect some
underlying pedophilic motive.</p>
<p><strong>IV. American Taboos</strong></p>
<p>We have a taboo against talking about concentration
camps and genocide at the hands of the US government,
even though we also uphold the principle that we’re free
to do it. We need to be using those terms anyway. If
time permitted today, I’d also be talking about torture.</p>
<p><em>Concentration Camps</em></p>
<p>I take concentration camps personally, because the US
herded my Seminole and Muscogee forebears into
concentration camps in Florida and Alabama in the 1830s
in preparation for a forced migration to this area,
where we were dumped into refugee camps and fed moldy
food. So my family culture has prepared me to ignore the
taboos against speaking analytically about the US
government.</p>
<p>When I talk about concentration camps, I do it with
reference to a specific definition. You can find other
definitions, but here’s mine.<sup><a
id="post-114200-endnote-ref-5"
href="#post-114200-endnote-5">[5]</a></sup> It has
all the most frequently mentioned elements. A
concentration camp is</p>
<p>a place where large numbers of people (such as
prisoners of war, political prisoners, refugees, or the
members of an ethnic or religious minority) are confined
without trial under armed guard.</p>
<p>Most of the definitions also end with an acknowledgment
of the Nazi Holocaust, making clear that the Nazi case
is not a necessary element of the definition. (So why is
it in there at all?)</p>
<p>The migrant camps that our taxes are paying for are
places, they confine large numbers of people, the people
are refugees and also members of a distinct ethnic
group, they are confined without trial, and they are
under armed guard. It’s all there. Those are
concentration camps.</p>
<p><em>Genocide</em></p>
<p>When I speak of genocide, I’m referring to the UN’s
definition in the Convention on the Prevention and
Punishment of the Crime of Genocide. It was adopted in
1948 after World War II, intended to prevent future
episodes like the Holocaust. A Polish Jewish lawyer
named Raphael Lemkin led the campaign for the Convention
and coined the word genocide.</p>
<p>The US signed it in 1948 but did not ratify it until
1986. Sen. William Proxmire (D-Wisc), he of the Golden
Fleece Award, spoke for ratification before the Senate
every day that the Senate was in session from 1967 to
1986.</p>
<p>The Convention on Genocide has rarely been used. Cases
have been prosecuted regarding the Bosnian ethnic
cleansing of 1992,<sup><a id="post-114200-endnote-ref-6"
href="#post-114200-endnote-6">[6]</a></sup> the
Rwandan genocide of 1994,<sup><a
id="post-114200-endnote-ref-7"
href="#post-114200-endnote-7">[7]</a></sup> and the
Srebrenica Massacre of Bosnian Muslims by Bosnian Serb
military forces in 1995.<sup><a
id="post-114200-endnote-ref-8"
href="#post-114200-endnote-8">[8]</a></sup> The
International Criminal Court is investigating the case
of Darfur, Sudan, 2003 to the present.</p>
<p>Here’s the definition of genocide:</p>
<blockquote>
<p><strong>Article 2</strong></p>
<p>In the present Convention, genocide means any of the
following acts committed with intent to destroy, in
whole or in part, a national, ethnical, racial or
religious group, as such:</p>
<p>(a) Killing members of the group;</p>
<p>(b) Causing serious bodily or mental harm to members
of the group;</p>
<p>(c) Deliberately inflicting on the group conditions
of life calculated to bring about its physical
destruction in whole or in part;</p>
<p>(d) Imposing measures intended to prevent births
within the group;</p>
<p>(e) Forcibly transferring children of the group to
another group.</p>
</blockquote>
<p>Note the reference to “intent.” That makes proving
genocide extremely difficult.</p>
<p>Note “in whole or in part.” You don’t have to try to
destroy every member of a targeted group. Intending to
destroy part of it constitutes genocide.</p>
<p>Regarding section (a), 24 people have died in ICE
custody under Trump compared with 18 under Obama. The
number of deaths of children who have died in custody of
other agencies since September is 6.<sup><a
id="post-114200-endnote-ref-10"
href="#post-114200-endnote-10">[9]</a></sup> We’re
seeing no governmental coordination in these deaths, but
individuals can commit genocide on their own initiative,
as encoded in article 4:</p>
<blockquote>
<p>Persons committing genocide or any of the other acts
enumerated in Article 3 shall be punished, whether
they are constitutionally responsible rulers, public
officials or private individuals.</p>
</blockquote>
<p>I suspect a genocidal pattern on the part of some ICE
and Border Patrol officers, but proving it is probably
impossible.</p>
<p>Section (b) recognizes serious mental harm as a type of
genocide. I’ve seen dozens of recent articles on the
harmful effects—both mental and physical—to children of
separating them from their parents under the present
conditions. If you have children, you may agree that the
effects on parents can also constitute serious mental
harm.</p>
<p>NBC News reports that children at the Yuma, Arizona,
camp have reported sexual assault and sexual
harrassment. That’s serious mental harm.</p>
<p>Yahoo News reports that Border Patrol personnel have
been seizing people’s prescription medicines and not
returning or replacing them. Medicines included insulin,
seizure medicines, and blood pressure medicines. I’ve
seen no reports on resulting harm to people, but let’s
keep this in mind in relation to “serious bodily harm.”</p>
<p>Section (e) states that the forced transfer of children
from a targeted group to another group is a form of
genocide. The seizure and incarceration of migrant
children is a case of that. Although some of the
children are being restored to their families, many
other cases have not ended so well.</p>
<p>By June 20, 2018, when the child separation policy was
rescinded, the Trump administration had no system for
reuniting children with their families. A former acting
director of ICE<sup><a id="post-114200-endnote-ref-11"
href="#post-114200-endnote-11">[10]</a></sup> said,
“I think we’re going to see hundreds of cases” in which
children will never be reunited with their families.
That would be genocide.</p>
<p>Of the 3000 or so children who were taken from their
families from April 6 to June 20, 2018, 81 were given
into foster care by one of the largest adoption agencies
in the US. Bethany Christian Services denies that they
intend to put the children up for adoption, but they
also waived their international adoption application fee
when they received the children. The international
adoption industry has been shrinking, and American
couples seeking to adopt are having trouble finding
children. By June 20, Laura Ingraham on FOX News was
calling on the government to make adoption of those
migrant children easier for US citizens.</p>
<p>A federal law, the Adoption and Safe Families Act
(1997), provides that—not counting cases where the child
is with relatives—when a child has been in foster care
for 15 out of 22 consecutive months, child welfare
agencies must stop trying to restore the child to their
parents and instead must seek to terminate parental
rights and make the child available for adoption.
Migrant parents in concentration camps may not be able
to reclaim their children in time and cannot participate
in court proceedings relating to termination of their
rights. Combined, the zero tolerance policy and the
Adoption and Safe Families Act amount to a formal
national policy of genocide.</p>
<p><strong>V. The Big Picture</strong></p>
<p>Are you thinking that we’ll elect a Democrat next year,
and the new administration will make the concentration
camps go away, and we’ll all get back to normal? That’s
not likely. We may never be able to uproot a
concentration camp system once it gets settled into the
government.</p>
<p>Andrea Pitzer, author of <a
href="https://www.amazon.com/exec/obidos/ASIN/0316303593/counterpunchmaga">One
Long Night: A Global History of Concentration Camps</a>,
warns that a system of concentration camps goes through
an initial phase of about 3 or 4 years during which it
sometimes can be shut down, but after that it’s nearly
unstoppable. It becomes like bindweed with roots
extending throughout the society.</p>
<p>People who own stock in private migrant concentration
camps are getting rich from this genocide. Companies are
getting contracts to provide supplies; so shareholders
are profiting. Many people have jobs in the camps and
the supply companies. Adoption agencies have found a new
supply of warm bodies to sell to eager childless
couples. Pedophile rings are picking off the slow and
the weak from that same population of kids. There seems
to be a lot of money in pedophilia, judging from Jeffrey
Epstein’s wealth. Towns with concentration camps would
lose jobs if the camps closed. Their tax bases would
suffer. Their businesses would suffer. Their residents
would not vote for a Congress member who voted to close
the camps. The people who are profiting from the camps
give money to elected officials and tell them not to
close the camps. In July of last year, the annual cost
of incarcerating only the children was nearly $1
billion.<sup><a id="post-114200-endnote-ref-12"
href="#post-114200-endnote-12">[11]</a></sup></p>
<p>Consider that Obama tried and failed to close
Guantanamo. It’s nearly impossible to close a system of
concentration camps after it takes root. Pitzer says
that only an outside power like another nation stops it
then. And what power is strong enough to force the US to
weed out a component institution? It’s even worse than
that. Torture takes root in a system of concentration
camps and progresses toward killing. Climate migration
is only going to intensify, and we’re facing a dystopian
future of haves, have nots, and a huge, ever growing
population of unfree humans—or something worse. By a
generous estimate, we have about three years to prevent
that.</p>
<p><em><strong>Susan Miller</strong> is a scholar of
American Indian history and culture.</em></p>
<p><strong>Notes.</strong></p>
<p>1) President Eisenhower’s Secretary of State John
Foster Dulles had been legal counsel to United Fruit
Company for a long time, and now he led the US in
backing the coup<strong>.</strong> <a
href="#post-114200-endnote-ref-1">↑</a></p>
<p>2) Carlos Castillo Armas <a
href="#post-114200-endnote-ref-2">↑</a></p>
<p>3) Todd Miller, <em>Storming the Wall: Climate Change,
Migration, and Homeland Security.</em> As of this
writing, New Zealand was considering a bill to recognize
climate refugees. <a href="#post-114200-endnote-ref-3">↑</a></p>
<p>4) You can get as much as twenty years for that if you
have an “aggravating felony.” A zero tolerance policy
called Operation Streamline had been on the books since
2005, but people with children were seldom prosecuted.
Most prosecutions were of people with records of serious
crimes or people who had reentered after being deported.
The Trump-Sessions policy introduced the targeting for
prosecution of people who come with children. Its damage
is compounded by new obstacles to legal asylum. And
Trump’s administration is prosecuting people for merely
seeking asylum, which is said to be an iffy proposition
under international law. <a
href="#post-114200-endnote-ref-4">↑</a></p>
<p>5) I have combined definitions by Merriam-Webster and
Andrea Pitzer. <a href="#post-114200-endnote-ref-5">↑</a></p>
<p>6) In 2007, a tribunal found genocide in the 1992
Bosnian ethnic cleansing campaign. There have been no
convictions in that case, but it appears that intent is
still being adjudicated<em> (Bosnia and Hertzegovina v.
Serbia and Montenegro,</em> 2007). <a
href="#post-114200-endnote-ref-6">↑</a></p>
<p>7) The first prosecution under its terms was in 1998,
when a former mayor of a town in Rwanda and the prime
minister of Rwanda’s caretaker government were found
guilty. <a href="#post-114200-endnote-ref-7">↑</a></p>
<p>8) Serbia is accused of breaking the law by failing to
prevent the massacre and some other violations. <a
href="#post-114200-endnote-ref-8">↑</a><a
href="#post-114200-endnote-ref-9">↑</a></p>
<p>9) That’s according to an excellent article on
concentration camps in Esquire, June 13, 2019. <a
href="#post-114200-endnote-ref-10">↑</a></p>
<p>10) John Sandweg, Obama’s acting director of ICE, <a
href="#post-114200-endnote-ref-11">↑</a></p>
<p>11) Ashley Curtin, “Detaining Immigrant Children—A
Billion Dollar Industry,” Nation of Change, July 14,
2018. <a href="#post-114200-endnote-ref-12">↑</a></p>
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<div class="moz-signature">-- <br>
Freedom Archives
522 Valencia Street
San Francisco, CA 94110
415 863.9977
<a class="moz-txt-link-freetext" href="https://freedomarchives.org/">https://freedomarchives.org/</a>
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