Kara Sears
The phrase no one is illegal on stolen land is used to describe the hypocrisy of a nation formed through land theft and unsanctioned settler migration that goes on to enforce deportation policies against vulnerable groups. This phrase is particularly relevant in the context of the United States, which, like South Africa, Australia, Israel, Canada, and New Zealand, is a settler colonial state that was founded by continually dispossessing indigenous peoples from their lands. This history of colonialism has led to the manufactured migrant crisis that we see today, with artificial borders imposed on Indigenous lands and a racist system that values the lives of white citizens over others. While it may not be possible to return to a precolonial world, it is important to address this history and work towards a more just future, with a focus on land justice and repatriation, and rebuilding relationships and trust.
| Characteristics | Values |
|---|---|
| Laws about stolen land | Clear and principled legal rules are needed to evaluate claims |
| Adverse possession is not theft | |
| Adverse possession is a way to let people know that no one else can claim title to their land based on something that happened long ago | |
| The common law does not recognize any legal claims based purely on group membership | |
| The United States, like South Africa, Australia, Israel, Canada, and New Zealand, is a settler colonial state | |
| The so-called "migrant crisis" is best understood as a crisis manufactured and created by colonialism | |
| Colonial governments have long imposed artificial borders on Indigenous lands | |
| Colonial governments implement a racist system that values the lives of white "citizens" over others |
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What You'll Learn
- The hypocrisy of a nation founded on land theft enforcing deportation policies
- The manufactured 'migrant crisis' as a result of colonialism
- The idea of land as property and the notion of 'stolen' land
- The role of churches in providing sanctuary for undocumented individuals
- The importance of accurate representation in media for on-the-ground change
The hypocrisy of a nation founded on land theft enforcing deportation policies
The United States, like South Africa, Australia, Israel, Canada, and New Zealand, is a settler colonial state. These nations were founded by continually dispossessing indigenous peoples from their lands and overwriting native histories with a multicultural narrative. The phrase "no one is illegal on stolen land" highlights the hypocrisy of a nation formed through land theft and unsanctioned settler migration enforcing deportation policies against vulnerable groups.
The United States, for example, has a history of enforcing racist immigration policies and deporting undocumented individuals, tearing families apart and causing trauma and suffering. The Trump administration, in particular, ordered ICE agents and military units to arrest, detain, and deport undocumented people, with President Trump even indicating his desire to turn Guantanamo Bay prison into a concentration camp for deported individuals. These actions reflect a broader pattern of racial injustice and the criminalization of immigration, targeting Black and Brown communities.
The legacy of colonialism and the doctrine of discovery continue to shape immigration policies and enforcement practices. Colonial governments imposed artificial borders on Indigenous lands and implemented racist systems that privileged white settlers over Indigenous peoples and communities of color. The notion of "manifest destiny" and the belief in the superiority of Western civilizations justified land theft and displacement, setting the stage for the ongoing exploitation and oppression of marginalized communities.
The enforcement of deportation policies by nations built on stolen land perpetuates historical injustices and contributes to the ongoing dispossession and marginalization of Indigenous peoples. It is essential to recognize that the land we occupy has a history and that the impact of colonial violence and displacement continues to be felt by Indigenous communities. As activists argue, repairing the harm caused by land theft requires recognizing the humanity and rights of all people, regardless of their immigration status.
Furthermore, the criminalization of migration and the enforcement of deportation policies often target the most vulnerable communities, including refugees fleeing violence, economic instability, and the impacts of climate change. Many of these crises are directly or indirectly caused by the interventions and actions of colonial and imperial powers. As such, the enforcement of deportation policies by nations founded on land theft is not only hypocritical but also contributes to ongoing global injustices and the violation of human rights.
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The manufactured 'migrant crisis' as a result of colonialism
The migrant crisis is a direct result of colonialism and neocolonialism practised by European and North American states. Colonial governments have long imposed artificial borders on indigenous lands, implementing racist systems that value the lives of certain "citizens" over others. The current global refugee and migration crisis is a complex phenomenon that must be addressed, not stopped. It is a crisis manufactured by colonialism.
Colonialism and imperialism involve a dominant country controlling a vulnerable territory politically and economically. Colonialists cannot reject responsibility for the postcolonial predicament. They must act to mitigate the harm they have caused through colonialism and be more practical with refugees and migrants. Legally and morally, they should support refugees and migrants from postcolonial countries.
Colonialism has resulted in inequality, poverty, conflict, and repression, all of which contribute to the refugee crisis. People are forced to flee war, natural disasters, poverty, and hunger, often with only the clothes on their backs. The living conditions in many colonized countries that drive people to emigrate can be attributed to bad governance, violent wars, and the misery of conquered civilizations.
The migrant crisis has forced the West to confront its colonial past and the negative impact of colonial pursuits. Europe, in particular, is struggling with its self-image and the disruption of its preconceptions of European values. The migrant, as a postcolonial subject, challenges the European order and unearths the long-term effects of colonialism in shaping political and social structures.
The reaction to the migrant crisis in Europe has been characterized by "racist hostility" and a feeling of aversion. Media narratives and policies, such as the UK's "hostile environment for migrants," contribute to simplistic distinctions between "us" and "them," capitalizing on paranoid nationalism. The securitization of the Arabic language and other signifiers of difference, such as dress, skin colour, and facial hair, have created racial hierarchies and propagated colonial stereotypes of migrants as a problem to be controlled.
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The idea of land as property and the notion of 'stolen' land
The concept of land ownership, despite appearing natural in many cultures, is a relatively recent development in the long history of humanity. Animal instincts to defend territory are often associated with the oldest parts of the brain, forming a biological basis for our sense of property. However, the legal system's interpretation of "owning" differs significantly from common perceptions.
Ownership is often viewed as a binary concept: one either owns or controls something, or they do not. In reality, ownership is a complex bundle of legal rights that can be held by an individual concerning a piece of property. Private property, a prevalent concept, allocates objects or land to specific individuals for their exclusive use and management, excluding others, even those with greater needs. This idea of private property is essential for the ethical development of individuals and the creation of a social environment conducive to freedom and responsibility.
The notion of "stolen land" is a contentious issue, particularly in settler colonial states such as the United States, Canada, South Africa, Australia, Israel, and New Zealand. These nations were formed through the continuous dispossession of indigenous peoples from their lands and the overwriting of native histories. Activists use phrases like "no one is illegal on stolen land" to highlight the hypocrisy of enforcing deportation policies in nations built upon land theft and unsanctioned settler migration.
The recognition of land rights, similar to the evolution of human rights, is an ongoing process. Discussions around land ownership and stolen land are complex and often intertwined with historical injustices, power dynamics, and ethical considerations. Understanding the nuances of these concepts is crucial for shaping societal values and legal frameworks related to land ownership and the rights of indigenous communities.
The implications of the "stolen land" notion are far-reaching. For Indigenous people, it represents a chance to secure cultural and economic benefits and resolve issues of land ownership. For non-Indigenous residents, it prompts introspection about their lives and identities within the context of historical injustices. Addressing these complexities is essential for fostering unity, justice, and human rights in these nations.
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The role of churches in providing sanctuary for undocumented individuals
The election of Donald Trump as US President saw the rise of white supremacism and the threat of mass deportations of undocumented migrants. In response, hundreds of churches across the US opened their doors to provide sanctuary for those at risk. The concept of "sanctuary" embodies various forms of assistance, including legal and financial support, public advocacy, and temporary physical shelter.
The practice of churches offering refuge is not new. In the 1980s, Reform Movement congregations provided sanctuary to Central Americans fleeing civil war in El Salvador. This was based on the biblical principle of treating "aliens" with "justice and compassion".
Today, churches continue to play a vital role in providing sanctuary for undocumented individuals. For example, the United Methodist Church in Philadelphia sheltered Javier Flores, an undocumented Mexican father of three facing deportation. The Rev. Robin Hynicka stated that the church would provide "space and support for as long as Javier wants to be here".
While churches offering sanctuary respect the tradition of honouring sacred space, they also navigate legal complexities. Jennifer Piper of the Metro Denver Sanctuary Coalition argues that churches are not breaking laws against "harbouring aliens" as they are transparent about the immigrants they take in. Additionally, sanctuary policies do not prevent the deportation of individuals with violent convictions or shield them from prosecution for criminal activities.
The role of churches in providing sanctuary goes beyond physical refuge. It is a form of moral resistance, standing against what is perceived as an immoral policy of family separation. By offering sanctuary, faith communities speak out boldly, drawing attention to broader issues and advocating for the dignity and equality of all human beings.
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The importance of accurate representation in media for on-the-ground change
Accurate representation in the media is essential for bringing about on-the-ground change regarding the issue of "stolen land." This issue pertains to the historical injustice of land dispossession, where nations were formed through the displacement and marginalization of indigenous peoples. Accurate representation can play a pivotal role in addressing this injustice and facilitating meaningful progress.
Firstly, accurate representation in the media helps to counter dominant narratives that have perpetuated systemic racism and erasure of Indigenous stories and knowledge systems. For centuries, the United States, as a settler colonial state, has propagated narratives of "discovery," manifest destiny, and American exceptionalism, while obscuring the violent history of land theft and indigenous dispossession. By amplifying Indigenous voices and perspectives in media, we can challenge these dominant narratives and bring to light the truths of colonial violence and ongoing racial injustices.
Secondly, accurate representation is crucial for fostering empathy and understanding among non-Indigenous audiences. When media portrays Indigenous characters and stories, it provides an opportunity for audiences to learn about Indigenous histories, cultures, and contemporary issues. This can lead to a broader recognition of the ongoing impacts of colonial practices and policies, such as the manufactured "migrant crisis," racialized deportation policies, and the criminalization of Indigenous communities. By humanizing Indigenous experiences and showcasing their resilience, media representations can catalyze social change by shifting public opinion and challenging discriminatory policies.
Thirdly, accurate representation empowers Indigenous communities by providing a platform for self-expression and self-determination. By participating in media creation and storytelling, Indigenous peoples can reclaim their narratives, challenge stereotypes, and shape their cultural representation. This empowerment extends beyond symbolic representation, as it enables Indigenous communities to engage in conversations about systemic racism, advocate for land repatriation, and collaborate in designing equitable solutions. It also encourages non-Indigenous allies to actively listen and participate in these conversations, fostering a more inclusive society.
Furthermore, accurate representation in media can contribute to educational reform and knowledge dissemination. By featuring Indigenous stories and knowledge in television, film, and educational curricula, we can ensure that future generations learn about the true history of stolen land and the ongoing struggles for justice. Accurate representation can help dismantle colonial ideologies and promote a more nuanced understanding of Indigenous histories and worldviews. This educational aspect is crucial for fostering intercultural understanding and challenging the pervasive myths of Indigenous inferiority that have justified genocide, forced removal, and racial discrimination.
Lastly, accurate representation in media can hold accountable those responsible for historical and ongoing injustices. By exposing the truths behind land theft, military campaigns, broken treaties, and racist policies, media representations can shed light on the complicity of governments, corporations, and individuals. This exposure can lead to demands for reparations, the restoration of Indigenous land rights, and the recognition of Indigenous sovereignty. Accurate representation, therefore, becomes a tool for truth-telling, reconciliation, and the pursuit of justice.
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Frequently asked questions
This phrase is used by activists to highlight the hypocrisy of a nation formed through land theft and unsanctioned settler migration that goes on to enforce deportation policies against vulnerable groups.
Land becomes stolen when it is taken through theft or fraud. This can involve the imposition of artificial borders on Indigenous lands and the implementation of racist systems that value the lives of certain "citizens" over others.
Some argue that churches have a duty to protect undocumented individuals from state violence and deportation by providing sanctuary and resisting racist and carceral state policies.
It is important to document and accurately share information about detentions, connect with legal support, and join social movements seeking to repair harm and address historical injustices.
While there is no easy solution under current political, economic, and social systems, public lands can serve as a starting point for rebuilding relationships and trust. This involves acknowledging historical injustices, addressing their contemporary consequences, and working together to envision a more just future.
