Sunday, February 25, 2018

Angels In America by Tony Kushner (The Empty Space 2018)

This play wasn’t originally on my list, but after seeing the cast list, I realized that it contained several actors who I try to see whenever possible, so my wife and I decided to go ahead and see the two parts on consecutive nights.

It is kind of weird to realize that Angels In America is more than 25 years old. I truly am getting old, I guess. When it came out, it was controversial, and boycotts and political drama followed. (For an interesting tale of how it played out in Charlotte, see here.) As with most boycotted works, the controversy was good for publicity, as it turned out.

The play - two plays actually - is quite long, clocking in at a combined six and a half hours in this production. I compare it to Wagner - it rambles. Kushner probably could have used an editor, in my opinion. On the other hand, it isn’t easy to say exactly where to cut. It is a long story, a long arc, with multiple plot lines that are really all necessary. So, two nights worth of story, and some late bedtimes.

***

The play centers around five gay men, one of which was a historical person: Roy Cohn. Cohn was Joseph McCarthy’s right hand man during the Red Scare and communist witch hunts of the 1950s. He was instrumental in obtaining the conviction and execution of the Rosenbergs, and pretty clearly committed major ethical and legal violations along the way. (As Alan Dershowitz memorably put it, the Rosenbergs were “guilty - and framed.” The ghost of Ethel Rosenberg is a character in the play, and haunts the dying Cohn.

McCarthy was, of course, a notorious gay-baiter, relentlessly associating gays with communism. In fact, the longtime exclusion of gays from the military was a McCarthy legacy, and our current dispute over transgender service can be traced back to the same root.

But Cohn was every bit as bad as McCarthy - just a list of the reasons he was eventually disbarred is telling. (I mean, pretty much outright theft from clients, witness bribing and intimidation, ex-parte communications, lying under oath - it’s a long and ugly list and an embarrassment to my profession.)

And yes, Cohn died of AIDS. He denied this to his death, insisting it was liver cancer, and insisting that he wasn’t gay. I guess he liked sex with men plenty, but to be “gay” was to be weak, and he wasn’t weak. There are several scenes in the play that really bring this out well.

Cohn is portrayed by Brian Sivesind, longtime executive director and founder of The Empty Space, local theater professor, and acting regular. I thought his work in this play was outstanding. I have long loved his acting (since my wife and my first date!) and he did not disappoint. Sivesind is quite at home as a villain. (His portrayal of Iago a couple of years ago was also fantastic.) 

 Brian Sivesind as Roy Cohn

Cohn’s (fictional) lackey is Joe, clerk for an appellate judge. Joe is conservative, strait-laced, and Mormon. And also in denial about his homosexuality. Joe is married to Harper, a Mormon woman with a bad childhood and a current valium addiction. Her love for Joe is unreciprocated, essentially, and she escapes to unreality.

Working with Joe is a copy clerk, Louis, whose partner, Prior, has just announced his AIDS diagnosis. Louis can’t handle it - grief and death are not his thing - and leaves, abandoning Prior, and eventually having a fling with Joe, who finally has to come to terms with who he is.

Prior, for his part, doesn’t handle the abandonment well, and ends up having a series of dreams in which an angel appears to him. (This is where the story veers into Magical Realism territory.)

The final character is Belize, the African American gay nurse who is friends with Louis and Prior, and who cares for Roy in his final illness.

I won’t get any further into the plot than that, but it is those six characters (Roy, Joe, Harper, Louis, Prior, and Belize) whose stories make up most of the play. Add in the ghost of Ethel, the angel, Prior’s nurse, and Joe’s mother, and you have most of the speaking parts.

Angels In America is a bit of its time. I am the right age to recognize most of the political figures - even the more minor ones - and get the cultural references. It was an experience to remember how it felt back in those days, and just how disorienting and terrifying AIDS was, and how vicious the rhetoric that fear produced really was. For that reason, this was an uncomfortable play to watch. Kushner doesn’t pull punches - McCarthyism and the Lavender Scare are presented in all their ugliness, as is the 80s greed and excess.

On the other hand, the character of Cohn is hardly a stock villain. He is both a perpetrator of evil and a victim of a horrible disease. He is pretty thoroughly loathsome, and yet his suffering is sympathetically portrayed.

Prior, portrayed in this version by Justin Salinas, another veteran of local theater, is emotional, mystic, a bit unhinged. It is hard to blame him. Contracting a terminal and painful disease at a young age is bad enough, but being recruited as a prophet by an angel who seems more malevolent than benign is worse. Salinas is almost a bit too big for the small venue, and some of his acting seemed a bit overacted, particularly the scenes with the angel. On the other hand, he and Lewis had good chemistry in their failing relationship, and I thought he carried those scenes well. 

 Justin Brooks as Louis (l) and Justin Salinas as Prior (r)

Louis is a particularly interesting character. A Jew with carefully built self-protective walls, an endless flow of largely senseless political and philosophical musings, and an inability to deal well with pain and death, he is essentially Tony Kushner’s character. Conflicted, wracked with guilt, and self absorbed, he isn’t exactly likeable, but he represents a lot of uncomfortable truth about privilege and entitlement. Despite his leftist politics, he is actually more of a personification of the selfishness that Joe’s Ayn Rand politics represents than Joe himself. Local high school French teacher Justin Brooks played Louis. I hadn’t seen Brooks in anything that I could remember, but he really nailed the discomfort of Louis, and drew those emotional walls well. (Kind of weird if you think about it: the emotional vulnerability necessary to act and portray emotional walls.) Brooks was more self-contained than the other actors (except Harper - see below), which was a contrast to the other characters, who were often larger than life. Louis is a mensch, the everyman in this drama, and his failures and blundering around are all too familiar to me. Prior sums up Louis’ emotional distance pretty well with this line:

“You cry, but you endanger nothing in yourself. It's like the idea of crying when you do it. Or the idea of love.”

Joe was played by Daniel Korth, who I last saw as one of two actors in The Woman in Black. Here, clean shaven, clean cut, and so obviously a legal flunky (great costuming!), he was thoroughly convincing in his role. At a time when a real life gay Mormon with a failed marriage, his part of the story seems as relevant as ever. It should come as no surprise that women too, despite the gender essentialism the conservative religions feed us, have sexual desire, and crave to be wanted and needed that way. In this play, Joe experiences two temptations, of very different sorts, which makes for a contrast.

On the one hand, he is gay, and incapable of a true marriage to Harper. Thus, he cruises the park, and eventually has the affair with Louis. Despite his attempts, his marriage is doomed.

The other temptation, though, is the one offered by Cohn. Get that dream job, go to Washington, and be somebody. All he has to do is sell his soul. Ultimately, Joe has to choose on both. Will he be true to his nature? What would that mean? I believe that for Joe, that means that he has to acknowledge that he is gay - and also that he is not a sellout. His innate sense of ethics is part of him too, and for him to be whole, he will need to stop succumbing to the pressure to be a right-wing warrior at the cost of his ethics. I thought Korth did an outstanding job of portraying all of this. I will make an effort to see him more often, as he has real talent. 

 Daniel Korth as Joe and Ellie Sivesind as Harper

Another actor who is on my short list these days is Tevin Joslen, who I wrote about regarding Hamlet at Bakersfield College, and Ragtime at Stars. In Angels In America, he plays Belize as a rather flamboyant queen - campy in the extreme, and I mean that as a compliment. The three roles I have seen him play have been very different, and yet he truly inhabited each character. He commands the stage in any venue. I truly could not take my eyes off of him this entire play. Just as one example from the second part, Louis is droning on and on and on about political theory and democracy (and displaying casual racism) while poor Belize can’t get a word in to save his life. Joslen doesn’t speak for several minutes of monologue, and yet, he says it all. The facial expressions, the body language, the little movements - I couldn’t look away. It was that good.

 Tevin Joslen as Belize

Likewise, in several scenes with the dying Roy Cohn, their chemistry was fantastic. Sivesind has great range too, and the two of them made the moments where the deeply racist Cohn openly antagonizes Belize, in no small part because of his helplessness and dependence on someone he despises some of the best parts of the play. 

  Brian Sivesind as Roy Cohn and Tevin Joslen as Belize

Women are not the focus of this play, but the female roles are interesting. I haven’t seen Ellie Sivesind act that much these days; perhaps she is focusing more on the operations side of the theater (and presumably in keeping her husband Brian in line…), but I do enjoy it when she does. She has mostly played a particular type lately, the slightly naive, innocent woman. (Such as Desdemona, or Miranda.) I suspect one of the reasons for this is that she is genuinely good at the type. She has this naturally innocent and pure look about her, and an ease to the accompanying gestures. So, needless to say, she was thoroughly convincing as a Mormon wife. And yet also as a woman who deeply needs love and sex and intimacy, the lack of which is driving her literally insane. As a strongly heterosexual male, it made total sense that the only possible way that Joe could keep his hands off her was that he is gay. In one of her valium dreams, this line stood out:

“I don't understand why I'm not dead. When your heart breaks, you should die. But there's still the rest of you. There's your breasts and your genitals... They're amazingly stupid, like babies or faithful dogs. They don't get it, they just want him. Want him.”

Just a quick mention of some of the other actors. Kara Coughenour is a college student, and covered a few parts, from Prior’s nurse on down. Sammy Noriega played the smarmy travel agent that lives in Harper’s head - and played a violin as badly as I act. Jan Hefner played Joe’s uptight and yet reckless mother. April Toelle covered the difficult part of the angel. Julia Stansbury took a malevolent turn as the ghost of Ethel Rosenburg. TES regular Carlos Vera played several characters, from Cohn’s doctor to a random guy Louis picks up. Vera always seems to have just a slight edge of menace to whatever parts he plays. Generally solid work from the bit parts in limited action.

 Jan Hefner as Joe's mother and Ellie Sivesind as Harper

I should note the important scenes involving Joe’s mother. In one sense, she is a foil to Louis in that she ends up spending the night at the hospital with Prior - something she never expected to do. It appears that she grows as a result, and in that sense serves as a possible way forward for the decent religious people of America. Whether or not she changes her political affiliation or not, she ends up learning empathy anyway, and offers hope for human decency.

I won’t profess to understand all of the philosophical ideas in the play. The significance of the supernatural elements were kind of weird, felt disjointed, and left an unclear impression on me. The angel was Kushner’s first idea when he conceived Angels In America, but I am not convinced it was the best.

However, there are a few things which stood out that I think are well worth considering.

The first is the idea of a “theory.” The second play opens with an old Bolshevik pontificating on the need for a theory to guide governance and provide a vision for the future. He notes that Consumer Corporate Capitalism isn’t much of a theory, and offers little beyond greed as a principle. He is right about this. But he is also unwilling to reject Communism as a theory even though he knows it has failed.

Where this gets interesting is in the epilogue, where Louis and Joe’s mom, and (if I recall correctly), Belize and Prior are talking about politics. There is a line there about both theory and experience needing to work together. On the one hand, we humans have a drive to create the order of a theory to explain our experience. But we cannot let the theory become our god. Experience must alter theory, and theory needs to be in communication with experience. Both together are necessary.

I think this is a truth that is forgotten a lot these days. One of the problems the Right has right now is that it has allowed Theory to rule unopposed. Specifically, economic theories like supply-side economics and social theories like Ayn Rand’s objectivism (which gets a mention in the play.) The theories have become disconnected from reality, from experience. They are believed as a religious belief is often cherished - true in the teeth of the evidence. The actual effects on real humans be damned - the theory is what counts. This is, of course, no different from the Communist experience. The same old 5-year plans, the same quotes from Marx and Engels, and any experience which contradicts the dogma is rigorously suppressed. As Solzhenitsyn pointed out, there are many reasons people kill dozens, but to kill millions, ideology is necessary. And that goes for both left and right.

On a related note, one of the best lines in the play comes from Belize. Belize isn’t a clown, but he does play the role that the clown often plays in Shakespeare: the one self-aware and rapier sharp character. Belize knows the score, and his takedowns of the various characters are often funny, and always on point. Speaking to Louis, who has again gone off into self-absorbed theorizing to avoid his own guilt, he says:

“You know what your problem is, Louis? Your problem is that you are so full of piping hot crap that the mention of your name draws flies.”

Just a great line. Louis in this respect reminds me so much of what white Evangelicalism is ike these days. They will not stop talking and lecturing and just shut up long enough to listen to anyone but themselves. They are full of piping hot crap about so many things, but don’t even realize it.

However, Louis occasionally says something that has an element of truth. Like this line:

“There are no gods here, no ghosts and spirits in America, there are no angels in America, no spiritual past, no racial past, there's only the political, and the decoys and the ploys to maneuver around the inescapable battle of politics.”

I have read this over a number of times since seeing the play, and keep thinking about it. On the one hand, it is baloney: we do have a spiritual and racial past. But we don’t really acknowledge it, because our racial past is that of vicious racism, slavery, genocide, and segregation that still underlie a lot of our politics; and our spiritual past is in significant part a story of Puritan witch hunts, weird new religions in the 19th Century (such as the Mormonism that is central to this play), and an obsession with sexuality and gender.

On the other hand, though, Louis is right. To a sobering degree, religion in America is mostly a veneer over politics. And likewise, we don’t really have a history of being “American” that stretches back to the dawn of historical memory, so we have substituted a shifting idea of who is legitimately “American” (meaning white enough.)

I have to mention another great line, which was both hilarious - and revealing.

Harper: I'm a Mormon.
Prior: I'm a homosexual.
Harper: Oh. In my church we don't believe in homosexuals.
Prior: In my church we don't believe in Mormons.

In some ways, this explains a lot. In my former theological tradition (Evangelicalism), we didn’t truly believe in homosexuals. They didn’t really exist. What did exist were people so unfathomably evil that they deliberately chose to commit the one sin that actually mattered. But of course, denial never changes reality, and it turns out that sexual orientation does exist - and Mormons too.

I have been looking back on the 80s and the AIDS crisis and I have come to the belief that AIDS did more than anything to bring sexuality out of the cultural closet and out in the open, where it had to be actually addressed, rather than ignored. I do not wish to in any way diminish the tragedy of all the lives lost, but I do think that those deaths had an effect. Suddenly, it was no longer possible to think that one didn’t know any gay people - they were literally dying in plain view. At that point, it was necessary to actually acknowledge sexual minorities, and once you start doing that, the path to change has been paved.

I’ll end with a line from Prior that sums things up quite well:

“This disease will be the end of many of us, but not nearly all, and the dead will be commemorated and will struggle on with the living, and we are not going away. We won't die secret deaths anymore. The world only spins forward. We will be citizens. The time has come.”

Despite its length and occasional lack of focus, Angels In America was well worth seeing, and does indeed seem relevant to our own times too.

***

Just a bit on Roy Cohn: I don’t believe in confusing attorneys with their clients - as a general rule. After all, many fine men and women I know work in criminal defense, a job which is crucial to the functioning of our justice system. One of the worst developments in public discourse in the last few years has been to tar defense attorneys because of who they defended. (This has mostly come from the Right, which is disturbing to me, as I grew up in an era when distrust of prosecutorial power was actually a conservative belief.)

That said, there are exceptions, and I do think it is telling that Roy Cohn was so eager to work with McCarthy. Other famous clients include a plethora of mob figures, George Steinbrenner, and...wait for it…

Donald Trump.

It is no stretch to say that Cohn’s unethical and immoral approach wherein law becomes about power, not justice, was a huge influence on who Trump would become.

Remember that case when Trump got sued by the Justice Department for systematic racial discrimination? His lawyer: Roy Cohn. The two would be close until Cohn’s death, and it is startling how much of Cohn’s approach to business and the legal system would be adopted by Trump. Paul Manafort started off with Cohn before becoming Trump’s guy. Even some of Trump’s famous phrases were stolen from Cohn. Trump testified at Cohn’s disbarment proceeding. I’m not going to get into all of it here, but Vanity Fair did a great article on the connections that is worth a read.

Oh, and did I mention Cohn was a John Bircher?

***

Some of my own history with AIDS and HIV:

I grew up in Los Angeles, and was old enough to understand what was happening when AIDS first hit the news in a big way. My parents (fortunately) were open about sex and politics, and I wasn’t kept sheltered from reality, as so many of my homeschooled peers were and are. I vaguely remember some extended news story on the mechanics of HIV sometime in the mid 80s, and then read some scientific stuff in one of the books I have somewhere. (It was an annual collection of articles on cutting edge science appended to a science encyclopedia. This being the 80s, that meant superconductors, fullerenes, and other “cutting edge” stuff of the time. I LOVED it.)

On a more personal basis, by the time I was mid-teens, I was at least acquainted with two people who died of AIDS. One was the brother of some close family friends. He had been the victim of clergy sexual abuse as a child, and struck me as being a gentle, wounded soul. The other was the older brother of a young woman from youth group, and it was kind of a scandal at the time, if I recall. (He was closeted - or at least his sexuality was kept hidden by his family.)

And then, in one of the biggest bombshells ever, Magic Johnson announced he had HIV. It is hard to overstate just what a cultural moment this was. I have always been a Lakers fan, from the Showtime era on. Heck, I got to play as part of a violin ensemble for Kareem’s retirement party back in the day. (He rocked the purple suit.) So for Magic, of all people, to get what was then considered a death sentence was devastating.

There were other interesting moments. Kimberly Bergalis died of AIDS, which she contracted from her dentist through an accidental blood contamination. Arthur Ashe died of AIDS. And he most likely was infected by a blood transfusion. It wasn’t until later that it came out that Isaac Asimov also died of AIDS - likewise contracted from blood during a surgery. Asimov’s family hushed it up at the time.

It is difficult to explain to people who didn’t live through the 1980s exactly what it was like. For several years, HIV was mysterious, and the method of transmission not clear. It may seem bizarre now, but at the time, there was a genuine fear that it could be spread by casual contact. As a result, HIV positive people were treated as lepers. Children with HIV were excluded from schools, people saw all gays as potentially infected, further marginalizing them.

Even my own parents got this tape series by some conspiracy-mongering “doctor” claiming AIDS was spread by mosquitoes (it isn’t) and advocating complete quarantine of all potential HIV positive people. (Round up the gays, yo…)

Eventually, science got a grip on the facts, and reason prevailed in medical circles, at least. My wife routinely cares for HIV positive patients in her line of work. In general, she and her colleagues practice proper procedure with all patients to avoid bloodborne transmission of all sorts. Realistically, a patient with MRSA or TB requires greater care to prevent transmission.

But it was different back then.

It is also difficult to explain to those who didn’t live through it what it was like when thousands of people were dying. HIV has become more of a chronic, manageable illness these days - which is a huge improvement. Magic is still with us, as are many others.

As a classical violinist, I think this hit home more to me than most. Whatever genetic components go into sexual orientation also seem to be associated with an artistic temperament. LGBTQ people are widespread in the arts, which means I have known them as long as I have been in music, involved with musical theater, and interested in theater in general. As a teen, it was sobering to see people I had met or worked with decline and die seemingly overnight, and it was sickening to know that many more were at risk. There were so many empty chairs, so to speak.

I want to end, though, with a very positive experience. There was a man at the church we attended in LA during my early teens, before we moved away. He had a very unique ministry, and the evening in which he talked about it to our youth group has inspired - and haunted - me ever since.

You see, he took in gay men who were dying of AIDS, usually abandoned and alone, and cared for them as they journeyed to the hereafter. His job wasn’t to preach at them, to condemn them, to “fix” them. He took them in and loved them, cared for them, kept them from being alone as they died painfully from a gruesome disease. And remember, this was back when many feared catching AIDS from casual contact, and treated the HIV positive as pariahs. And yet he did this. He was the hands and feet of Jesus to the ill and dying. (To use the Evangelical cliche…) I can think of few people I respect more or who more unequivocally embodied what it means to follow Christ. Unsurprisingly, he had a certain sadness about him - I think watching people die does that to one.

This was in stark contrast to the response of most of Evangelicalism at the time, which was full of gloating that the gays were finally getting their just punishment. (Of course, never mind all the “innocent” people who died - just collateral damage…) The longer I live, the more embarrassed I am about my faith’s behavior during this period - and continuing to today. Like Louis, they continue to blither on about stuff they don’t really understand but have strong opinions about - and then wonder why they are losing young people rapidly.

Thursday, February 22, 2018

A Single Shard by Linda Sue Park

Source of book: Audiobook from the library

This book is part of our rather unsystematic exploration of Newbery award winners and honorable mentions. A Single Shard won the Newbery award in 2002. 


A Single Shard is set in 12th Century Korea. A young orphan, Tree-ear, lives with the disabled man who took him in, Crane-man. One day, while secretly watching master potter Min work, he accidentally breaks an item. He offers to pay for it with his work, which eventually leads to employment. As a result, Tree-ear eventually is tasked with taking a sample to the Emperor’s pottery master in an effort to gain a royal commission.

The pottery in question is Celadon pottery, which has a lustrous green finish, somewhat like jade. The book is set at a transition point, where carved single color designs gave way to intricate inlaid work. This transition forms a major plot point, as Min is asked to submit what for him is a new technique. The epilogue to the book mentions a specific work as one of the finest from this period, and implies that (artistic license here…) Tree-ear eventually creates this work. (The actual potter is unknown, but the workmanship is astounding. I used the description to find what I believe is the vase referred to in the book. 


The amazing thing about this is that the black and white colors are not painted. Rather, minute grooves are cut from the partially dried vase, and contrasting clay is carefully inlaid. A clear glaze is applied before firing. The hundreds (thousands?) of hours necessary to create a masterpiece like this - it is amazing and worthy of great respect.

This book is fairly short - just over three hours on audiobook. It is well focused, with every detail important to either the atmosphere, character development, or plot. With a minimum of words, Park brings an old, unfamiliar culture to life, but also makes Tree-ear’s world seem familiar and relatable. There are really only four main characters. Tree-ear, of course, is the protagonist, and the story is from his perspective. Crane-man is delightful, as the elderly man who has lived a very hard life, surviving mostly by gathering food from the forest or rubbish heaps around town. And yet, despite this desperate poverty, he takes in the infant Tree-ear and raises him well. Both are united in that they are considered “unlucky” and therefore essentially untouchable in their culture.

Min is cantankerous and cold, yet passionately devoted to his craft. He also hides a secret tragedy that has, in contrast to Crane-man, made him bitter. Min’s wife (who asks that she be called the equivalent of “auntie” rather than “the honorable potter’s wife,” as Tree-ear calls her at first) is a gracious woman, who befriends Tree-ear in her own quiet way.

It is the interaction of these four that give depth to the fairly conventional story. Park slowly introduces the elements of the culture and manners of the time and place to the story, and the interactions are always carefully ritualized. The courtesies are mandatory, and serve to allow dignity to all. I was reminded of some of the social courtesies from Filipino culture that my dad (who grew up there as a missionary kid) taught me. Culture varies, and rituals vary and change over time. None are truly right or wrong, but the differences can cause misunderstandings. The worst, perhaps, is the “ugly American” tendency to run roughshod over the culture of others, and display an arrogant attitude about it. This is one reason I think books like this are great for kids (and adults.) A little education never hurt, and neither did a reminder to treat others with respect, listen, and learn how to bridge these gaps.

A Single Shard is a good read. The plot may be a bit predictable, but that isn’t the point. Some stories are told and retold countless times, but only gain from a new variation, and this is one of them. The audiobook was read by Graeme Malcolm; I have no complaints about his reading, which was fine.


Thursday, February 15, 2018

Immigration Part 4: The Reality of Current Law

This post is part of my Immigration Series.

In the first part, I introduced the topic.
In the second part, I looked at the (lack of) regulation of Immigration from the founding of our country and the easy path to citizenship for white immigrants.
In the third part, I detailed the racist history of immigration restrictions dating from the Chinese Exclusion Act to the present.

***

For this post in particular, READ THE DISCLAIMER BELOW!

***

I am an attorney, but I do NOT practice in, nor am I an expert on Immigration Law. These posts are NOT intended as legal advice, and should not be viewed as such. While the broad sweep of the law is fairly easily understood from publicly available laws, documents, and history; individual circumstances vary, and the law AS APPLIED to your situation may be very different from your understanding of what a statute means.

Therefore, if YOU have an immigration problem, I urge you to contact an attorney who practices in that specific area. I repeat GO SEE AN IMMIGRATION ATTORNEY! If you live in the Southern California area, I know some guys. Send me an e-mail and I’ll pass along contact information. If you live elsewhere, use the Google to find someone who practices in this area.

RELYING ON AN AMATEUR BLOGGER FOR YOUR SERIOUS IMMIGRATION CASE IS REALLY STUPID! Don’t be stupid.

***

Okay, with that over, let me add a general disclaimer about the information. Immigration law, like every area of law, is complicated. There is a lot of nuance, arcane regulations, bewildering procedures, and so on. This post is not going to make all of that clear. That is not my point.

My discussion of the law will of necessity be a gross oversimplification. The goal is to provide an overview, not a detailed roadmap.

Also, I am NOT going to say much about how the law might apply to those who are physically present in the United States one way or another. This is the minefield of regulations I mentioned, and I have no interest in teasing out all the exceptions and pitfalls. As above, if you want to know more, go see an attorney if you have a case, or go buy an immigration law textbook if you are just curious.  

Rather, my point in this post is to address a specific issue: can someone who wants to immigrate legally to the United States do so? And how do they do it?

I ask this question for a specific reason:

Of all the falsehoods that are cherished by the Right, the most bald-faced lie of the bunch is that people can just come in legally if they want.:

In reality, for most potential immigrants, there is NO legal way to immigrate. Their only option is to come here illegally and live in the shadows, with the hope that their children will have a better life. 


It is this falsehood that poisons so much of our debate. It allows people to make the distinction of “legal” versus “illegal” without actually thinking through what that means to real people. It allows people to insist that undocumented immigrants are “criminals” and horrible people who just refuse to abide by our laws. It allows many conservatives to believe they are decent compassionate people while the politicians they vote for and the policies they support are the polar opposite of compassionate. So they do harm, based on a false view of reality.

This isn’t to say that everyone opposed to immigration is well meaning. Rather, I have found that a great many people (particularly those passionate about it) harbor deeply racist beliefs like the ones I talked about in Part 3.

***

So, let’s dive into the law. If you want to read the actual text of the applicable statutes and regulations, the US Immigration and Citizenship Services Department website has them publically available. However, if you are just getting started on immigration law, I have found that a great place is American Immigration Council, an immigration advocacy non-profit. Their resources are well written, accurate, and non-inflammatory. They believe that immigrants are an important part of our American heritage, that they make positive contributions to our nation, and that our debate should be based on actual facts and reason, not on fear mongering. These are all ideals I share. If you want fear mongering, well, Fox News and Breitbart have enough for you, I am sure.

To start with, the AIC fact sheet on how the US Immigration system works is a good primer. I’ll summarize in this post, but I recommend reading the entire thing.

Under our current law, there are essentially three ways to legally immigrate. I’ll look at each in turn.

  1. Family Based Immigration

This is the the system which is current being denigrated as “chain migration.” However, there is nothing nefarious about it, and it has been the express US policy since the 1965 law was enacted. (See part 3 of this series.) The idea is that preference is given to relatives of US citizens (and to a lesser degree, relatives of Legal Permanent Residents (LPR) - what we colloquially call “green cards.”)

For someone who is a US citizen, it is reasonably easy to bring in a spouse, minor (but not adult) children, and parents. That makes sense, doesn’t it? A citizen marries and has children outside the US (say on military deployment) and brings her family back here.

Other relatives can get in, but they are further down the list, and thus often do have to “get in line.” and wait until a slot opens. As you can see from the fact sheet above, unmarried adult children of citizens come next, then spouses and minor children of LPRs, then unmarried adult children of LPRs, then married adult children of citizens, and finally siblings of citizens.

These are all pretty close relatives, and form part of an extended family unit. Speaking from my own experience, most of us are better off with extended family there to assist. It takes us through hard times, illness, job loss, and more - we help each other out and are stronger because of it. And also - and this is key - it prevents individuals from needing to rely on the government safety net as much as they would without family. It seems a win-win to me.

But here is how it is now spun as “chain migration.”

Immigrant A comes here legally, and five years later, becomes a citizen. He then brings his parents, who five years later become citizens, then bring in their other adult children, and so on. Before you know it, you have a whole extended family living and working here.

Now, some of us may be thinking “what exactly is the problem here?”

The problem, apparently, is that for many people on the Right, there are too damn many immigrants here now. At least, that is about all I can see that would be a problem. It’s pretty much how my ancestors came here - we came as whole village groups, actually. One of the reasons we formed solid communities where we settled was that we had support systems. Community. When the 1965 law was passed, many noted that immigrants with family here already find jobs and social support more easily - back then, this was considered a desirable thing. (And, as I note below, this was also a way to exclude “inferior races” - they were less likely to have family here than whites…)

Okay, I lied. There is another “problem.” See, when people bring family here, it means that the actually intend to stay here. If you let a single worker in, but make sure he can’t really put down roots, then maybe he goes back where he came from after a few years. And then you don’t have to have any dirty immigrants here, right?

I believe this is the real objection to family-based immigration. And also why we started hearing about “chain migration” when the Steve Bannons and Stephen Millers got into influential positions. Their view of immigration is the KKK view: stop the immigration of “inferior races.” They’re pretty open about it, actually. That’s why they also use the term “the browning of America.” It is an objection to inferior, browner, races coming here. In other words, open racism and white supremacy.

This is why the Right is openly lying about family based immigration, claiming that anyone can bring in distant cousins and so on. They can’t. But that isn’t the point. The point is to drum up fear of brown people and (as usual) shut down immigration of “inferior races.”

Now, to be clear, while I do not find anything wrong with Family Based Immigration in general, I believe that using it as our main way to immigrate is problematic because it excludes, well, anyone who doesn’t have an immediate relative here. That’s a lot of people who can’t get in under this method.

Another problem with family-based immigration is that it was proposed as a way to exclude undesireable “inferior races,” but without being obviously racist about it. After all, more people from white countries had relatives here, right? It didn’t quite work out that way, however, because over time, enough Latinos and Asians came here to take advantage of this method of legal immigration. (For more on the history of the act, and the racist motivations behind the family-based portion of it, see this excellent NPR article. Many interesting quotes which are relevant today.)

Another problem is that immigration caps, both by total number and by per-country and per-region quotas, reduce the total “legal” immigrants to fairly low numbers, which is why there is a waiting list for family-based immigration. (Except for spouses and minor children - the quotas don’t apply there.)

For some solid facts on how family-based immigration works, and the long waits for family immigrants from certain countries really is, this New York Times article is helpful.

Let’s look at the next path in:

2. Employer Sponsored Immigration

This one is often misunderstood. I would say it is the source of much of the “why don’t they come here legally” nonsense. Let me admit that I too got this one wrong for a long time, until I actually went and looked things up. (It’s a good habit, I recommend it.)

The misconception is that just anyone can sign up for a job here, get an employer sponsorship, and viola! legal immigration! Not so.

First, let me point out that a number of these employer sponsored categories are for temporary work visas. (The H1-B, which has been in the news lately, is one of these.) You are fine as long as you keep your job, but you may well have to leave if you lose it and can’t find another similar job immediately. Even these temporary categories do not generally apply to non-skilled, non-specialty jobs. You can’t just apply to be a migrant farm worker, for example. In practice, you see these for STEM fields, entertainers, artists, chefs, and so on. That Korean software engineer, the Indian surgeon, the French chef, the (ahem) Slovienian model - these are classic H1-B immigrants. These coveted visas typically reach the quota amount in the first week of every year.

There are also more permanent visas. If you look at the chart in the link near the top of this post, you can see that the preferences are for highly educated, highly skilled workers in high-demand industries. The cap on “unskilled” workers of any sort is a paltry 5,000.

As it is, there are far more potential Employer Sponsored immigrants than there are slots, so there is a line to wait in here too.

And if you are uneducated, poor, and don’t work in a skilled field, forget about it. You aren’t getting in through this path.

Let’s touch on the final path:

3. Refugees and asylum seekers.

This is a broad category, with a hodgepodge of specific categories and arcane rules. I’m not even going to attempt to make sense of it, other than to say that it isn’t easy to get in this way, it isn’t available in practice to people from most countries, even if they personally are threatened, and please don’t even attempt this without an attorney to assist you. Also, you probably have a 6 year wait, and you probably will spend it locked up. For more on asylum, see here.

There are also a number of other exceptions and kludges here and there, but the vast majority of people won’t qualify for them.

***

So, let’s summarize the legal ways to get in:

  1. Be an immediate family member of a US citizen or LPR.
  2. Be an educated, skilled worker in a high demand field, with a guaranteed job.
  3. Qualify for as an asylum seeker or refugee.

Now, think about this:

Let’s say you are an average impoverished person in a country somewhere in the world. You have no immediate relatives here. You can’t afford an education, even if one was available to you. You aren’t a refugee and don’t qualify for asylum.

How the heck are you getting in legally?

The answer is pretty obvious:

You aren’t.

There is no line. There is no process. There is no legal way in.

So what do you do? Well, maybe you come here anyway - or send your children. It does beat crushing poverty, or violent drug wars, right? Just keep your head down, work under the table for an ag giant, have some children here so that at least they will be citizens and have a better life. Realistically, it isn’t that different from what my ancestors - and probably yours too - did. The difference was that the law let our ancestors do it, and it doesn’t let today’s immigrants do it.

***

BUT WAIT! THERE’S MORE:

Country-based immigration caps and the diversity lottery

Let’s start with the first one. No country may have more than 7% of the total legal immigrants admitted. So there is an overall cap on the number. (More or less 500,000 per year, in practice, if I am reading it right), but there is also a cap on how many can come from any one place. Using big round numbers here, that means that your total legal immigration from, say, Mexico or India or the Philippines is limited to about 35,000 per year, which is FAR below demand, even for family reunification or employment visas. So there are long waiting lists.

It isn’t a mystery why these limits were put in place. As the writers of the 1965 law stated baldly, it was to prevent a change to the ethnic makeup of the US. In other words, the same race and nationality based exclusions, just by a more euphemistic name.

About the next:

What even IS the diversity lottery?

This, along with family-based immigration has been targeted by the Right as Bad Things About our Current System™. But what is it? Most people do not understand it at all.

The Diversity Lottery was put in place as part of the 1990 revisions to the law. (That’s during George H. W. Bush’s term - back before the GOP went Nativist.) It was intended to increase the diversity of immigrants by opening a pool of 50,000 per year to countries that didn’t send more than 50,000 a year to the US. These were people from countries without the same level of family ties as, say, Mexico or India, and thus didn’t have enough family based candidates to immigrate under that program. These people would still have something to contribute, but couldn’t get in through other channels. You can read more about it here.

The program recognized two things: first, the family based system excluded a lot of otherwise eligible immigrants from around the world; and second, that diversity was a source of strength.

Again, there is nothing nefarious here. Just an attempt to work around the restrictions of family based immigration and let in qualified immigrants from around the world.

Note too that the TOTAL number of diversity lottery immigrants is 50,000 yearly, and no one country can get more than 7% of these visas.

I suspect the problem with this program, to the Bannons and Millers of the world, is that it lets brown people from poorer countries in, which is anathema to them. As I will note in a future installment, their vision is to limit legal immigration to educated, wealthy people - which would be a de facto way to limit legal immigration to first world countries plus Japan and Korea (and maybe China.) Third world immigrants, unless of the wealthy class, need not apply. Keep the dirty brown people out.

I’ll talk more in a future installment about the expressly racist vision for immigration (or more accurately, a vision without immigration) that the Trump administration has embraced.

***

For now, let me leave it at this: under our current system, it is difficult to legally immigrate, and downright impossible for most people, particularly those who lack wealth, connections, or education. For the most needy, our doors are shut, and yet there is a strong push to close the door even more.