"The Voice of the New Due Process Army" ————– Musings on Events in U.S. Immigration Court, Immigration Law, Sports, Music, Politics, and Other Random Topics by Retired United States Immigration Judge (Arlington, Virginia) and former Chairman of the Board of Immigration Appeals Paul Wickham Schmidt and Dr. Alicia Triche, expert brief writer, practical scholar, emeritus Editor-in-Chief of The Green Card (FBA), and 2022 Federal Bar Association Immigration Section Lawyer of the Year. She is a/k/a “Delta Ondine,” a blues-based alt-rock singer-songwriter, who performs regularly in Memphis, where she hosts her own Blues Brunch series, and will soon be recording her first full, professional album. Stay tuned! 🎶 To see our complete professional bios, just click on the link below.
The Maine Council of Churches and The BTS Center are hosting an online reading of the “Letter from Birmingham Jail” at 12:15 p.m. on Jan. 16.
The event is free and open to the public. Those who register to attend are invited to donate to the Maine Initiatives Outdoor Equity Fund, which will make grants to organizations led by people of color that work to improve outdoor equity and access to nature-based learning. More information about the fund is available at maineinitiatives.org.
Those interested in attending can register at thebtscenter.org/committed-to-listen-mlk-day-2023. The reading will also be streamed on the Facebook pages for the Maine Council of Churches and The BTS Center.
On April 16, 1963, the Rev. Dr. Martin Luther King Jr. wrote a letter.
He had been arrested four days earlier for disobeying a court order that prohibited protests in Birmingham, Alabama. From his jail cell, he wrote to eight white religious leaders who had publicly condemned ongoing civil rights demonstrations. He decried the silence of white moderates and argued that racial violence demanded a more urgent response than those clergymen had counseled.
Sixty years have passed, but that message still rings true for the Rev. Allen Ewing-Merrill. He is the executive director of The BTS Center, a Maine nonprofit that offers theological programs. He rereads the letter every year on Martin Luther King Jr. Day and reflects on its call to be more courageous than cautious.
“We like to think that racism is that awful thing that other people do, the blatant white supremacist brand of violence,” he said. “But in the letter, Dr. King really pulls out the nuance of that and reminds us that racism is the violence of silence.”
This year, the Maine Council of Churches and The BTS Center chose the Letter from Birmingham Jail for an online reading to mark the holiday. King’s words will be read by eight people from Maine’s faith and social justice communities. For the Portland Press Herald/Maine Sunday Telegram, four of the readers reflected on passages they will recite during Monday’s event and the letter’s relevance to the modern world. Those passages and the readers’ comments are shown here.
It was a 25-year-old Martin Luther King Jr., whose birthday is celebrated on Monday, who stood in the pulpit of Detroit’s Second Baptist Church on Feb. 28, 1954. The Montgomery bus boycott, which would launch the future leader of the American civil rights movement to national prominence, was nearly two years away.
King roused the Second Baptist congregation that Sunday morning with a sermon that did not once mention race. Discrimination, segregation, protest demonstrations — these were not on his agenda. The young preacher went deeper, if such a thing was possible during an era of racial turmoil.
King got the congregation thinking about values, a subject as relevant today as it was in 1954.
King talked about lost values and the need for rediscovering them.
Something seemed fundamentally wrong in society, he preached. And it wasn’t because society didn’t know enough. Scientific progress was amazing. King said in 18th-century America, it took three days for a letter to go from New York City to Washington; in 1954, a person could go from Detroit to China in less time.
It’s even more astonishing today. Breakfast can be had in Washington, teatime enjoyed in London and a nightcap swallowed in New York City — all in the same day.
The trouble, he said, was not that we don’t know enough but that “we aren’t good enough.” Scientific genius, he said, has outpaced “our moral genius.” The greater danger facing the country in ’54, King noted, was not “the atomic bomb that was created by physical science” that could be dropped on the heads of thousands of people, but “that atomic bomb which lies in the hearts and souls of men, capable of exploding into the vilest of hate and into the most damaging selfishness.”
That thought calls to mind the more than three dozen countries in the world with unmanned, missile-armed drones capable of being launched from afar under remote control and striking and killing with precision. Think about what lies within the hearts and souls of leaders in countries such as North Korea, China, Iran, Russia, Turkey and, yes, the United States.
King called attention to shaky moral foundations and the “relativistic ethic” that was being applied to right and wrong. He described it as an ethic that says “since everybody is doing it, it must be right” — an ethic that means “people can’t stand up for their . . . convictions, because the majority of people might not be doing it.” He said it’s “a sort of numerical interpretation of what’s right.”
King’s teaching got me to thinking about the 53 Senate Republicans who know that some things are right and some things are wrong, but adjust their attitudes relative to the behavior of President Trump.
King said he was at Second Baptist to say that some things are right and wrong, eternally and absolutely. “It’s wrong to hate,” he declared. “It has always been wrong, and it always will be wrong. It’s wrong in America, it’s wrong in Germany, it’s wrong in Russia, it’s wrong in China. It was wrong in 2000 B.C., and it’s wrong in 1954 A.D. It always has been wrong, and it always will be wrong!”
That got me thinking about White House senior policy adviser Stephen Miller. How can a person who pushes white nationalism, invokes a 1924 American immigration law extolled by Adolf Hitler, is bigoted and racially intolerant — how can he end up in the White House?
Then I stopped to think about who put Miller where he is — President Trump. The same President Trump who recently retweeted to his 71 million followers a doctored photo of House Speaker Nancy Pelosi (D-Calif.) wearing a hijab and Sen. Charles E. Schumer (D-N.Y.) with a turban on his head in front of an Iranian flag with a caption reading, “the corrupted Dems trying their best to come to the Ayatollah’s rescue.” Why wouldn’t an insulter of Islam and Muslims, who also inflicts cruelty at our southern border, want to have the likes of Stephen Miller at his side?
King’s sermon derided what he regarded as a pragmatic test applied to right and wrong: “If it works, it’s all right. Nothing is wrong but that which does not work. If you don’t get caught, it’s right.”
=Which made me think of Trump using the powers of his office to solicit a foreign government to help take down a domestic political opponent, lying about his successes and taking credit for things he didn’t do — all because it works. And his adoring believers eat it up.
King reminded the Second Baptist worshipers that “it’s possible to affirm the existence of God with your lips and deny his existence with your life.”
Which makes me visualize Trump basking at evangelical rallies and paying lip service to God, while paying actual service to himself.
Knowing right from wrong; honesty; justice. Basic values preached by Martin Luther King Jr. still need rediscovering in 2020.
Kareem Abdul-Jabbar is known as one of the greatest basketball players in history. During his 20-year professional career with the Milwaukee Bucks and Los Angeles Lakers, he appeared in 19 All-Star Games, won six championships and collected six MVP awards. In retirement, he has become a prominent cultural commentator and writer, a leading voice on the intersection between sports and politics. Recently, he published a memoir about his collegiate career at UCLA, Coach Wooden and Me: Our 50-Year Friendship On and Off the Court.
Fifty years ago he was the most dominant college basketball player America had ever seen. Between 1967 and 1969, he led UCLA to three consecutive national titles and an 88-2 record. Yet, his legacy transcends the game; in the age of Black Power, he redefined the political role of black college athletes. In 1968, when black collegians debated boycotting the Olympics, Lew Alcindor, as he was then still known, emerged as the most prominent face in the revolt on campus.
Why did Alcindor refuse to play in the Olympics? To answer that question we have to return to Harlem, New York, in July 1964, the first of many long, hot summers.
HARLEM, 1964
Basketball player Kareem Abdul-Jabbar (center), then Lew Alcindor, speaks at a news conference at the Power Memorial High School gymnasium in New York City.
DON HOGAN CHARLES/NEW YORK TIMES CO./GETTY IMAGES
The death of James Powell, a 15-year-old black youth from the Bronx, outraged Alcindor. On a sweltering July day in 1964, outside an apartment building on Manhattan’s Upper East Side, Lt. Thomas Gilligan, a white off-duty cop, shot and killed James, piercing the ninth-grader’s chest with a bullet from a .38 revolver. Conflicting accounts grayed a story that many saw in black and white. Gilligan, a 37-year-old war veteran, claimed that James charged at him with a knife, but bystanders insisted that James was unarmed.
Two nights later, on July 18, in the heart of Harlem, a peaceful rally organized by the Congress of Racial Equality (CORE) turned into a march against police brutality. Demanding justice for Powell, hundreds of demonstrators surrounded the 123rd Street precinct, some threatening to tear the building apart “brick by brick.” Incensed by decades of racial profiling and violent policing, the angry crowd began hurling rocks and bottles at officers. Suddenly, a scuffle broke out and the cops rushed the protesters, cracking their nightsticks against a swarm of black bodies. In a matter of minutes, violence spread through Harlem like a grease fire in a packed tenement kitchen.
That same night, Alcindor, an extremely tall, rail-thin 17-year-old, emerged from the 125th Street subway station, planning to investigate the CORE rally. Climbing up the steps toward the street, he could smell smoke coming from burning buildings. Angry young black men took to the streets and tossed bricks and Molotov cocktails through store windows. Looters grabbed radios, jewelry, food and guns. The sound of gunshots rang like firecrackers. Trembling with fear, Alcindor worried that his size and skin color made him an easy target for an angry cop with an itchy trigger finger. Sprinting home, all he could think about was that at any moment a stray bullet could strike him down.
“Right then and there, I knew who I was, who I had to be. I was going to be black rage personified, Black Power in the flesh.”
For six days, Harlem and Bedford-Stuyvesant burned. The “Harlem race riots” resulted in 465 arrests, hundreds of injuries and one death. When the smoke cleared, Martin Luther King Jr. visited New York and encouraged black residents to demonstrate peacefully. But Alcindor, like many black youths, had grown impatient with King’s pleas for nonviolence and began questioning the direction of the civil rights movement. That summer, writing for the Harlem Youth Action Project newspaper, he interviewed black citizens who were tired of segregated schools, dilapidated housing, employment discrimination and wanton police violence.
The Harlem uprising fueled his anger toward white America and convinced him more than ever that he had to turn his rage into action. “Right then and there, I knew who I was, who I had to be,” he said a few years later. “I was going to be black rage personified, Black Power in the flesh.” Silence was no longer an option. In the future, he vowed, he would speak his mind.
. . . .
A few days after UCLA beat Dayton for the national title, the NCAA’s National Basketball Committee banned the dunk. The committee argued that too many players got injured stuffing the ball through the hoop or trying to block a player attacking the basket. Coaches were concerned, too, about players breaking backboards and bending rims. Curiously, the committee also claimed, “There is no defense against the dunk, which upsets the balance between offense and defense.” But the truth was that Alcindor threatened the sport’s competitive balance. He upset the balance between offense and defense.
Immediately, critics deemed the dunk ban the “Alcindor rule.” In a time of white backlash against black advancement, the UCLA star interpreted the rule through the lens of race. He could not help but feel like the lily-white committee had targeted him. “To me the new ‘no-dunk’ rule smacks a little of discrimination,” he told the Chicago Defender. “When you look at it … most of the people who dunk are black athletes.
. . . .
Not even the dunk ban could stop Alcindor from dominating the game. In fact, the new restriction made him even better. It forced him to expand his offensive arsenal and develop a devastating signature move: the “skyhook.”
He made it look so easy. With the cool confidence of Miles Davis, Alcindor transformed his game. The skyhook became an innovative expression of individuality and empowerment, a reflection of his intelligence and creativity, an active mind that could see the ball falling through the net like a raindrop the moment the leather sphere touched his fingertips. Over and over again, he pivoted toward the basket, extended his arm toward the sky and gracefully flipped the ball over the outstretched arms of any player who dared to guard him. “Of all the weapons in sports,” Sports Illustrated’s Gary Smith wrote of his skyhook, “none has ever been more dependable or unstoppable, less vulnerable to time, than that little stride, turn, hop and flick from far above his head.”
CLEVELAND, 1967
On June 4, 1967, at 105-15 Euclid Ave. in Cleveland, a collection of some of the top black athletes in the country met with — and eventually held a news conference in support of — world heavyweight boxing champion Muhammad Ali (front row, second from left), about Ali’s refusal to be drafted into the U.S. Army in 1967. News conference shows (front row) Bill Russell, Boston Celtics; Ali; Jim Brown and Lew Alcindor. Back row (left to right): Carl Stokes, Democratic state representative; Walter Beach, Cleveland Browns; Bobby Mitchell, Washington Redskins; Sid Williams, Cleveland Browns; Curtis McClinton, Kansas City Chiefs; Willie Davis, Green Bay Packers; Jim Shorter, former Brown; and John Wooten, Cleveland Browns.
BETTMAN/GETTY IMAGES
Alcindor refused to let the white world define him as a basketball player and as a man. He no longer considered himself a “Negro.” He was black and proud. As he became more politically self-aware, he identified with the most successful, outspoken black professional athletes in America: Muhammad Ali, Bill Russell and Jim Brown. He admired their political activism and their courage to confront white supremacy.
. . . .
Alcindor suddenly found himself at the center of a national controversy. Critics called him a disgrace, unpatriotic and much worse. If he did not play for the U.S. Olympic team, then UCLA should revoke his scholarship, they charged. Many white Americans opposed the boycott because they believed that sports were meritocratic and immune to racism. But their objections also revealed discomfort with assertive black athletes who challenged the power structure of American sports, a plantation culture that valued black bodies more than black minds. New York Times columnist Arthur Daley couldn’t imagine Alcindor thinking for himself and suggested that Edwards was exploiting the UCLA star’s fame for personal gain. “I think that charge is sheer idiocy,” Edwards told the San Jose Mercury News. “How can you manipulate anybody like Lew Alcindor?”
But Alcindor was his own man, and his revolt emanated from the deep history of African-American activism and the burgeoning Black Power movement on campus. What the sports establishment failed to recognize was that his experience in Harlem, his identification with Malcolm X and his connection to Ali had transformed the way he viewed protest, patriotism and American sports. How could he stay silent while police brutality, poverty and prejudice afflicted the black community? How could anyone expect him to represent the United States when the moment he confronted the nation’s racism bigots deluged him with hate mail and death threats? How could they expect him to love America when America didn’t love him back?
NEW YORK, 1968
Kareem Abdul-Jabbar, then Lew Alcindor, sits on the bench at the UCLA-Holy Cross game at Madison Square Garden in New York City in 1968.
BARTON SILVERMAN/NEW YORK TIMES CO./GETTY IMAGES
Alcindor had made up his mind. He wouldn’t play for the USA. Although the boycott movement lacked widespread support and ultimately stalled, he and his UCLA teammates Mike Warren and Lucius Allen refused to attend the Olympic trials. His explanation, however, complicated his image as a Black Power hero. Alcindor said that if he participated, then he would miss class and delay his graduation, which was true, but only part of his rationale. He also told a reporter from Life magazine that he and his UCLA teammates “don’t want to get caught in the middle of anything.” He had principles, but discussing them publicly only brought more stress. It was much easier to distance himself from Edwards and the OPHR.
“Yeah, I live here, but it’s not really my country.”
In the summer of 1968, he worked for Operation Sports Rescue, a youth program in New York City. Leading basketball clinics, Alcindor mentored African-American and Puerto Rican youths, encouraging them to get an education. In July, he appeared on NBC’s Today show to promote the program. Co-host Joe Garagiola, a former professional baseball player, began the interview by asking Alcindor why he refused to play in the Olympics. During a heated exchange, Alcindor said, “Yeah, I live here, but it’s not really my country.” Then Garagiola retorted, “Well, then, there’s only one solution, maybe you should move.” It was a common reply among white Americans who demanded accommodation and gratitude from black athletes — a refrain that still exists today.
Alcindor’s comments echoed Malcolm X, who said, “Being born here in America doesn’t make you an American.” If black people were Americans, he argued, then they wouldn’t need civil rights legislation or constitutional amendments for protection. Alcindor recognized that while he was fortunate because of his basketball ability, he couldn’t celebrate his privileged status as long as racial inequality persisted. Only when black citizens enjoyed true freedom could he call America his country.
Although we remember the 1968 Olympics for John Carlos and Tommie Smith’s demonstration on the victory stand, Alcindor was the most famous athlete who avoided the games. More than any other college basketball player, he defined his times, proving also that black athletes could speak their minds and win. No one could tell him to shut up and dribble.
Professor is the Julius C. “Bud” Shaw Professor of Sports, Society, and Technology and an Assistant Professor of History at Georgia Tech. His research focuses on the history of sports and American culture. He is an author whose books include “The Sons of Westwood: John Wooden, UCLA, and the Dynasty That Changed College Basketball,” which explores the emergence of college basketball as a national pastime and the political conflicts in college athletics during the 1960s and 1970s.
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Read Professor Smith’s full article at the link. Not only is Kareem one of the greatest basketball players ever, but he has established himself as an informed, articulate, and committed social commentator. I never saw Kareem play in person during his days with the Milwaukee Bucks. But, Cathy and I once were fortunate enough to see him “live” as a contestant on “Celebrity Jeopardy” at DAR Constitution Hall in Washington DC, ironically a venue where he once would not have been welcome.
“WASHINGTON — The Trump administration is preparing to redirect resources of the Justice Department’s civil rights division toward investigating and suing universities over affirmative action admissions policies deemed to discriminate against white applicants, according to a document obtained by The New York Times.
The document, an internal announcement to the civil rights division, seeks current lawyers interested in working for a new project on “investigations and possible litigation related to intentional race-based discrimination in college and university admissions.”
The announcement suggests that the project will be run out of the division’s front office, where the Trump administration’s political appointees work, rather than its Educational Opportunities Section, which is run by career civil servants and normally handles work involving schools and universities.
The document does not explicitly identify whom the Justice Department considers at risk of discrimination because of affirmative action admissions policies. But the phrasing it uses, “intentional race-based discrimination,” cuts to the heart of programs designed to bring more minority students to university campuses.
Supporters and critics of the project said it was clearly targeting admissions programs that can give members of generally disadvantaged groups, like black and Latino students, an edge over other applicants with comparable or higher test scores.
The project is another sign that the civil rights division is taking on a conservative tilt under President Trump and Attorney General Jeff Sessions. It follows other changes in Justice Department policy on voting rights, gay rights and police reforms.
. . . .
The pending start of the affirmative action project — division lawyers who want to work on it must submit their résumés by Aug. 9, the announcement said — joins a series of changes involving civil rights law since Mr. Trump’s inauguration.
In a lawsuit challenging Texas’ strict voter identification law, the Justice Department switched its position, dropping the claim that the law was intentionally discriminatory and later declaring that the law had been fixed. Mr. Sessions has also made clear he is not interested in using consent decrees to impose reforms on troubled police departments and has initiated a sweeping review of existing agreements.
Last week, the Justice Department, without being asked, filed a brief in a private employment discrimination lawsuit. It urged an appeals court not to interpret the ban on sex-based discrimination in the Civil Rights Act of 1964 as covering sexual orientation. The Obama administration had shied from taking a stand on that question.
Vanita Gupta, who ran the civil rights division in the Obama administration’s second term and is now president of the liberal Leadership Conference on Civil and Human Rights, noted that the briefs in the Texas voter identification and gay-rights cases were signed only by Trump administration political appointees, not career officials, just as the affirmative action project will apparently be run directly by the division’s front office.
“The fact that the position is in the political front office, and not in the career section that enforces antidiscrimination laws for education, suggests that this person will be carrying out an agenda aimed at undermining diversity in higher education without needing to say it,” Ms. Gupta said.
The civil rights division has been a recurring culture-war battleground as it passed between Democratic and Republican administrations.”
Wow! Talk about waste, fraud, and abuse by political officials at the DOJ! Oh, GAO, where art thou when the country needs you? Assuming that any minorities can still vote by the time Sessions and Trump get through — a big if — they might want to consider turning out for candidates who will support the “original intent” of Civil Rights laws, rather than perverting them to further entrench the White (Largely Male) GOP Establishment.
