Under the racial state, there is no such thing as Black citizenship. The myth of Black citizenship scaffolds immigrant rights activism as well as the academic scholarship that supports it. Regarding the latter, in Asian American Studies, numerous scholars are quick to emphasize that African Americans gained citizenship before Asian Americans and their comparisons of Blacks and Asians tends to argue that the racial formation of which the latter is subject is civic ostracism and exclusion—as if the racial subjugation of

African Americans is somehow unrelated to the practices and logic of civil society. In Latino Studies, there is an evident animus to African Americans, expressed as concerns about Black xenophobia and Black insensitivity to illegality. The thread that binds Asian American Studies and Latino Studies scholarship is a belief in Black American citizenship, a hostility to which actually demonstrates that the legal document, in the case of Blacks, does not actually matter. What both Asian American Studies and Latino Studies, as well as immigrant rights activism and non-Black liberals and progressives in general presume, is that Black people have citizenship but that spectacles of anti-Black racism—such as the recent Troy Davis execution, the Oscar Grant murder by a white police officer at the Bart station in the Bay, or hurricane Katrina—demonstrate the contingent and flexible nature of citizenship. Such gestures attempt to re-imagine African Americans as akin to immigrants of color, whose status is tenuous, contingent, and flexible to the demands of the nation-state, capital, and whites.

 

But for Blacks, there is no such thing as circumstance, pretext, or even, to use the words of immigrant rights activists, legality or illegality. To assume as much means that we can identify historical moments in which Blacks are not guilty. Of course, Blacks are not always guilty of committing the criminal acts they are accused of and in some cases, the courts have affirmed as much. But Black people are never not guilty of being Black and thus their experience of being criminalized—which is ontological and not behavioral—cannot be conflated with or subsumed under frameworks common among immigrant rights advocates. Or, as Kenyon Farrow, in his remarks at the recently held New York City Troy Davis Memorial succinctly put it: “we must come to accept that to be Black and ‘innocent’ is an oxymoron in the world we live in.

Tamara K. Nopper, “Race, Illegality, and Detention: My Remarks at Imprisoned, Forgotten, and Deported

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