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Culture War Roundup for the week of September 30, 2024

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I want a vice presidential debate top level post.

So JD Vance sounded pretty good here overall. If you ask me, both speakers were miles ahead of their presidential candidate counterparts, which is sad. There is probably a lot that can be read from the debate, but I did want to discuss a couple moments making waves on other social media. First I will mention I was surprised to hear JD Vance support nuclear energy, and I will also mention a lot of people were probably unhappy with how he handled the gun control/mass shooting question. But back to the two I wanted to mention

The first such moment originated from a fact check:

JD VANCE: ...Now, Governor Walz brought up the community of Springfield, and he's very worried about the things that I've said in Springfield. Look, in Springfield, Ohio and in communities all across this country, you've got schools that are overwhelmed, you've got hospitals that are overwhelmed, you have got housing that is totally unaffordable because we brought in millions of illegal immigrants to compete with Americans for scarce homes...

Tim Walz responds to his statement, and then a debate moderator comes in with this:

MB: Thank you, Governor. And just to clarify for our viewers, Springfield, Ohio does have a large number of Haitian migrants who have legal status. Temporary protected status. Norah.

DV: Well, Margaret, Margaret, I think it's important because…

MB: Thank you, senator. We have so much to get to.

NO: We're going to turn out of the economy. Thank you.

JDV: Margaret. The rules were that you guys weren't going to fact check, and since you're fact checking me, I think it's important to say what's actually going on. So there's an application called the CBP One app where you can go on as an illegal migrant, apply for asylum or apply for parole and be granted legal status at the wave of a Kamala Harris open border wand. That is not a person coming in, applying for a green card and waiting for ten years.

MB: Thank you, Senator.

JDV: That is the facilitation of illegal immigration, Margaret, by our own leadership. And Kamala Harris opened up that pathway.

MB: Thank you, Senator, for describing the legal process. We have so much to get to.

TW: Those laws have been in the book since 1990... a few more exchanges continue before mics get cut

I will cut it off there to not balloon this post. You can read the transcript here.

It seems many blue tribers saw him complaining about a fact check and seeing a win. Why would you complain about fact checking other than if you were lying? This is another example going back to Scott's post about the media rarely lying. Hey, they're temporary asylum seekers, so since they were allowed in with little hindrances to speak of, they're legal. Fact checked. This is an example of why I tend to dislike fact checking in a debate. It introduces an opportunity to use unfavorable framing on an opponent with lawyerspeak on technically true things. Let the candidates do it themselves if they want.

Next up, the January 6th and failure to concede the election:

TW: January 6th was not Facebook ads. And I think a revisionist history on this. Look, I don't understand how we got to this point, but the issue was that happened. Donald Trump can even do it. And all of us say there's no place for this. It has massive repercussions. This idea that there's censorship to stop people from doing, threatening to kill someone, threatening to do something, that's not censorship. Censorship is book banning. We've seen that. We've seen that brought up. I just think for everyone tonight, and I'm going to thank Senator Vance. I think this is the conversation they want to hear, and I think there's a lot of agreement. But this is one that we are miles apart on. This was a threat to our democracy in a way that we had not seen. And it manifested itself because of Donald Trump's inability to say, he is still saying he didn't lose the election. I would just ask that. Did he lose the 2020 election?

JDV: Tim, I'm focused on the future. Did Kamala Harris censor Americans from speaking their mind in the wake of the 2020 COVID situation?

TW: That is a damning. That is a damning non answer.

Once again, there is more to this exchange than that. I said earlier that they had good performances, and I'll go further here and say that JD Vance had a pretty great night. I'd never heard him speak before and he sounded very well spoken, very well informed, and brought up many issues that I so dearly wished that Donald Trump would have brought up, like specifically naming the asylum system and mentioning the partial birth abortions allowed in Minnesota (I noticed Tim Walz's denial was not fact checked). That is to say, JD Vance is competent and might have won against Kamala Harris, representing a return to civil debates and "normal" politicians, despite the "weird" allegations.

But he is really dragged down on this issue. It's lame he has to defend election denial claims in the first place, and leave room for challenging more later. I know many of you have strong feelings on the truthfulness of the claims. I will say this: if someone goes and makes those claims, they shouldn't run again. That is very powerful ammo for the other side. And it's far from the only ammo. I am very disappointed with the rhetoric Trump throws around. His lashing out against Taylor Swift reads as totally pathetic. And it is sad to see someone with as much talent as JD Vance have to try to slip around all this crap coming at him, from both Tim Walz, the debate moderator, and untold amounts of unhappy people on Twitter.

It seems many blue tribers saw him complaining about a fact check and seeing a win. Why would you complain about fact checking other than if you were lying? This is another example going back to Scott's post about the media rarely lying. Hey, they're temporary asylum seekers, so since they were allowed in with little hindrances to speak of, they're legal. Fact checked. This is an example of why I tend to dislike fact checking in a debate. It introduces an opportunity to use unfavorable framing on an opponent with lawyerspeak on technically true things. Let the candidates do it themselves if they want.

Temporary Protected Status and Asylum are different legal protections, with different criteria and processes. More generally, what does the term "illegal immigrant" refer to? I am under the impression it refers to people in the United States without a legal status that permits them to remain. That very literally does not include people with TPS (like the Haitians in Springfield have). if "illegal immigrant" includes even people who have legal permission to be here, what precisely are the boundaries? Are there green card holders who are "illegal immigrants?"

It's also kind of funny to hear Vance complain about the CBP One app since it was launched in... October 2020 by the Trump administration!

But he is really dragged down on this issue. It's lame he has to defend election denial claims in the first place, and leave room for challenging more later. I know many of you have strong feelings on the truthfulness of the claims. I will say this: if someone goes and makes those claims, they shouldn't run again.

Forget election denial claims. What ought to be disqualifying is his statement that he would not have counted the lawfully cast electoral college votes. Nobody should be Vice President who cannot affirm the simple fact that the Vice President's role is ministerial, a fact Republicans would instantly discover if Kamala Harris acted otherwise.

More generally, what does the term "illegal immigrant" refer to?

He’s using it not as a legal term but as a meta description. Arnold Kling outlined in The Three Languages of Politics that most political language is not for convincing opponents but rather for rallying those on the edge of the tribe, reminding them of why they’re in the tribe:

  • Progressives stand against oppression/repression.
  • Libertarians stand against coercion/aggression.
  • Conservatives stand against barbarism/sabotage.

In this case, Vance is describing the meta-category of people who find a way to systematically skirt the usual requirements for citizenship or residency, naming it for the central case while describing an edge case. Anything which looks like a back-channel or backdoor into the US for a steady flow of non-Americans is in this big-tent category. It smells like sabotage, a subversion of the Congressionally-passed immigration and naturalization processes by which people from other nations become legal citizens with full privileges.

For some in this category, it looks like claiming asylum, getting their deportation hearing deferred a year, getting some money from the US taxpayer, and then never showing up.

For others, it’s seeking refuge because their home country is crappy, if not specifically in a state of emergency. For the conspiratorial mindset, this is the time to check intelligence operations in that country and see if the deep state did something like assassinate a head of country to get refugees to flow to America.

He’s using it not as a legal term but as a meta description

That's fine, but if he wants a meta-descriptor he should be probably not use one containing a word which is strictly false in relation to the group he is trying to describe.

I’ll agree to that as soon as advocates for these people return the unadorned word “immigrant” to its rightful place as a synonym of “naturalized citizen”.

Temporary Protected Status and Asylum are different legal protections, with different criteria and processes. More generally, what does the term "illegal immigrant" refer to? I am under the impression it refers to people in the United States without a legal status that permits them to remain. That very literally does not include people with TPS (like the Haitians in Springfield have). if "illegal immigrant" includes even people who have legal permission to be here, what precisely are the boundaries? Are there green card holders who are "illegal immigrants?"

Isn't the distinction Vance was making that the immigrants entered the U.S. illegally and then TPS retroactively changed that status, temporarily, to legal?

It's also kind of funny to hear Vance complain about the CBP One app since it was launched in... October 2020 by the Trump administration!

But if you read the article, it says that the app's functions have been expanded under Biden to do things like grant parole to illegal immigrants! https://www.americanimmigrationcouncil.org/research/cbp-one-overview

On October 28, 2020, U.S. Customs and Border Protection (CBP) launched a mobile device application called CBP One so that travelers could access certain agency functions on mobile devices. Over the last two years, the agency has expanded CBP One’s uses. The app has become the only way that migrants arriving at the U.S.-Mexico border seeking asylum at a port of entry can preschedule appointments for processing and maintain guaranteed asylum eligibility. CBP One also became the only way that Cubans, Haitians, Nicaraguans, and Venezuelans seeking to secure travel authorization to obtain parole through special programs for those nationalities can submit their biometric information to CBP.

CBP One’s original uses included 1) providing travelers with access to Form I-94 information, 2) scheduling inspection appointments for perishable cargo, and 3) assisting international organizations who sought to help individuals enter the United States.

The app’s latest functions, like the use of CBP One to pre-process asylum seekers, has raised concerns both about gaining access to a legal right through a smartphone app and about the privacy implications of the app.

Temporary Protected Status and Asylum are different legal protections, with different criteria and processes. More generally, what does the term "illegal immigrant" refer to? I am under the impression it refers to people in the United States without a legal status that permits them to remain. That very literally does not include people with TPS (like the Haitians in Springfield have). if "illegal immigrant" includes even people who have legal permission to be here, what precisely are the boundaries? Are there green card holders who are "illegal immigrants?"

"TPS does not eliminate the effect of [an] unlawful entry.” (Sanchez v. Mayorkas (2021) 593 U.S. 409) It, similarly to DACA/DAPA, just temporarily waves a magic wand over otherwise-unlawfully-present migrants because the executive believes that extenuating circumstances make repatriation a bad idea at the moment. Worse, the Biden Administration is affirmatively facilitating the importation of well north of a million migrants who have no reasonable avenue to U.S. citizenship or even long-term work authorizations through the unprecedented expansion of a "parole" authority from the early 50's.

So technically yes, these people aren't "illegal immigrants" in the classic sense of the term; there are legal fig leaves justifying the government's failure to remove them. However, they certainly are not modal immigrants, i.e. people who intend to and are authorized to permanently remain in the U.S. and who in due course will become citizens. Instead, the law has shifted in order to find ways to putatively bless the importation of a millions-strong second-class-citizen helot class entirely dependent upon the whims of the state and their employers. Heckuva job. sarcastic clapping.

I feel like one obvious difference between DACA/DAPA and TPS is that TPS is Congressionally authorized (by the Immigration Act of 1990) while DACA and DAPA are purely executive action. The TPS program is also not limited to people who initially lacked a lawful status like DACA and DAPA are. The Sanchez decision is limited to unlawful entries. If you were in the United States lawfully when you were granted TPS you can still get permanent resident status like anyone else here lawfully for an extended period of time.