Academic literature on the topic 'Mexican americans – legal status, laws, etc'

For seven months in 1999/2000, six-year old Cuban Elián González was embroiled in a family feud plotted along rival national and ideological lines, and relayed televisually as soap opera across the planet. In Miami, apparitions of the Virgin Mary were reported after Elián’s arrival; adherents of Afro-Cuban santería similarly regarded Elián as divinely touched. In Cuba, Elián’s “kidnapping” briefly reinvigorated a torpid revolutionary project. He was hailed by Fidel Castro as the symbolic descendant of José Martí and Che Guevara, and of the patriotic rigour they embodied. Cubans massed to demand his return. In the U.S.A., Elián’s case was arbitrated at every level of the juridical system. The “Save Elián” campaign generated widespread debate about godless versus godly family values, the contours of the American Dream, and consumerist excess. By the end of 2000 Elián had generated the second largest volume of TV news coverage to that date in U.S. history, surpassed only by the O. J. Simpson case (Fasulo). After Fidel Castro, and perhaps the geriatric music ensemble manufactured by Ry Cooder, the Buena Vista Social Club, Elián became the most famous Cuban of our era. Elián also emerged as the unlikeliest of popular-cultural icons, the focus and subject of cyber-sites, books, films, talk-back radio programs, art exhibits, murals, statues, documentaries, a South Park episode, poetry, songs, t-shirts, posters, newspaper editorials in dozens of languages, demonstrations, speeches, political cartoons, letters, legal writs, U.S. Congress records, opinion polls, prayers, and, on both sides of the Florida Strait, museums consecrated in his memory. Confronted by Elián’s extraordinary renown and historical impact, John Carlos Rowe suggests that the Elián story confirms the need for a post-national and transdisciplinary American Studies, one whose practitioners “will have to be attentive to the strange intersections of politics, law, mass media, popular folklore, literary rhetoric, history, and economics that allow such events to be understood.” (204). I share Rowe’s reading of Elián’s story and the clear challenges it presents to analysis of “America,” to which I would add “Cuba” as well. But Elián’s story is also significant for the ways it challenges critical understandings of fame and its construction. No longer, to paraphrase Leo Braudy (566), definable as an accidental hostage of the mass-mediated eye, Elián’s fame has no certain relation to the child at its discursive centre. Elián’s story is not about an individuated, conscious, performing, desiring, and ambivalently rewarded ego. Elián was never what P. David Marshall calls “part of the public sphere, essentially an actor or, … a player” in it (19). The living/breathing Elián is absent from what I call the virtualizing drives that famously reproduced him. As a result of this virtualization, while one Elián now attends school in Cuba, many other Eliáns continue to populate myriad popular-cultural texts and to proliferate away from the states that tried to contain him. According to Jerry Everard, “States are above all cultural artefacts” that emerge, virtually, “as information produced by and through practices of signification,” as bits, bites, networks, and flows (7). All of us, he claims, reside in “virtual states,” in “legal fictions” based on the elusive and contested capacity to generate national identities in an imaginary bounded space (152). Cuba, the origin of Elián, is a virtual case in point. To augment Nicole Stenger’s definition of cyberspace, Cuba, like “Cyberspace, is like Oz — it is, we get there, but it has no location” (53). As a no-place, Cuba emerges in signifying terms as an illusion with the potential to produce and host Cubanness, as well as rival ideals of nation that can be accessed intact, at will, and ready for ideological deployment. Crude dichotomies of antagonism — Cuba/U.S.A., home/exile, democracy/communism, freedom/tyranny, North/South, godlessness/blessedness, consumption/want — characterize the hegemonic struggle over the Cuban nowhere. Split and splintered, hypersensitive and labyrinthine, guarded and hysterical, and always active elsewhere, the Cuban cultural artefact — an “atmospheric depression in history” (Stenger 56) — very much conforms to the logics that guide the appeal, and danger, of cyberspace. Cuba occupies an inexhaustible “ontological time … that can be reintegrated at any time” (Stenger 55), but it is always haunted by the prospect of ontological stalling and proliferation. The cyber-like struggle over reintegration, of course, evokes the Elián González affair, which began on 25 November 1999, when five-year old Elián set foot on U.S. soil, and ended on 28 June 2000, when Elián, age six, returned to Cuba with his father. Elián left one Cuba and found himself in another Cuba, in the U.S.A., each national claimant asserting virtuously that its other was a no-place and therefore illegitimate. For many exiles, Elián’s arrival in Miami confirmed that Castro’s Cuba is on the point of collapse and hence on the virtual verge of reintegration into the democratic fold as determined by the true upholders of the nation, the exile community. It was also argued that Elián’s biological father could never be the boy’s true father because he was a mere emasculated puppet of Castro himself. The Cuban state, then, had forfeited its claims to generate and host Cubanness. Succoured by this logic, the “Save Elián” campaign began, with organizations like the Cuban American National Foundation (CANF) bankrolling protests, leaflet and poster production, and official “Elián” websites, providing financial assistance to and arranging employment for some of Elián’s Miami relatives, lobbying the U.S. Congress and the Florida legislature, and contributing funds to the legal challenges on behalf of Elián at state and federal levels. (Founded in 1981, the CANF is the largest and most powerful Cuban exile organization, and one that regards itself as the virtual government-in-waiting. CANF emerged with the backing of the Reagan administration and the C.I.A. as a “private sector initiative” to support U.S. efforts against its long-time ideological adversary across the Florida Strait [Arboleya 224-5].) While the “Save Elián” campaign failed, the result of a Cuban American misreading of public opinion and overestimation of the community’s lobbying power with the Clinton administration, the struggle continues in cyberspace. CANF.net.org registers its central role in this intense period with silence; but many of the “Save Elián” websites constructed after November 1999 continue to function as sad memento moris of Elián’s shipwreck in U.S. virtual space. (The CANF website does provide links to articles and opinion pieces about Elián from the U.S. media, but its own editorializing on the Elián affair has disappeared. Two keys to this silence were the election of George W. Bush, and the events of 11 Sep. 2001, which have enabled a revision of the Elián saga as a mere temporary setback on the Cuban-exile historical horizon. Indeed, since 9/11, the CANF website has altered the terms of its campaign against Castro, posting photos of Castro with Arab leaders and implicating him in a world-wide web of terrorism. Elián’s return to Cuba may thus be viewed retrospectively as an act that galvanized Cuban-exile support for the Republican Party and their disdain for the Democratic rival, and this support became pivotal in the Republican electoral victory in Florida and in the U.S.A. as a whole.) For many months after Elián’s return to Cuba, the official Liberty for Elián site, established in April 2000, was urging visitors to make a donation, volunteer for the Save Elián taskforce, send email petitions, and “invite a friend to help Elián.” (Since I last accessed “Liberty for Elián” in March 2004 it has become a gambling site.) Another site, Elian’s Home Page, still implores visitors to pray for Elián. Some of the links no longer function, and imperatives to “Click here” lead to that dead zone called “URL not found on this server.” A similar stalling of the exile aspirations invested in Elián is evident on most remaining Elián websites, official and unofficial, the latter including The Sad Saga of Elian Gonzalez, which exhorts “Cuban Exiles! Now You Can Save Elián!” In these sites, a U.S. resident Elián lives on as an archival curiosity, a sign of pathos, and a reminder of what was, for a time, a Cuban-exile PR disaster. If such cybersites confirm the shipwrecked coordinates of Elián’s fame, the “Save Elián” campaign also provided a focus for unrestrained criticism of the Cuban exile community’s imbrication in U.S. foreign policy initiatives and its embrace of American Dream logics. Within weeks of Elián’s arrival in Florida, cyberspace was hosting myriad Eliáns on sites unbeholden to Cuban-U.S. antagonisms, thus consolidating Elián’s function as a disputed icon of virtualized celebrity and focus for parody. A sense of this carnivalesque proliferation can be gained from the many doctored versions of the now iconic photograph of Elián’s seizure by the INS. Still posted, the jpegs and flashes — Elián and Michael Jackson, Elián and Homer Simpson, Elián and Darth Vader, among others (these and other doctored versions are archived on Hypercenter.com) — confirm the extraordinary domestication of Elián in local pop-cultural terms that also resonate as parodies of U.S. consumerist and voyeuristic excess. Indeed, the parodic responses to Elián’s fame set the virtual tone in cyberspace where ostensibly serious sites can themselves be approached as send ups. One example is Lois Rodden’s Astrodatabank, which, since early 2000, has asked visitors to assist in interpreting Elián’s astrological chart in order to confirm whether or not he will remain in the U.S.A. To this end the site provides Elián’s astro-biography and birth chart — a Sagittarius with a Virgo moon, Elián’s planetary alignments form a bucket — and conveys such information as “To the people of Little Havana [Miami], Elian has achieved mystical status as a ‘miracle child.’” (An aside: Elián and I share the same birthday.) Elián’s virtual reputation for divinely sanctioned “blessedness” within a Cuban exile-meets-American Dream typology provided Tom Tomorrow with the target in his 31 January 2000, cartoon, This Modern World, on Salon.com. Here, six-year old Arkansas resident Allen Consalis loses his mother on the New York subway. His relatives decide to take care of him since “New York has much more to offer him than Arkansas! I mean get real!” A custody battle ensues in which Allan’s heavily Arkansas-accented father requires translation, and the case inspires heated debate: “can we really condemn him to a life in Arkansas?” The cartoon ends with the relatives tempting Allan with the delights offered by the Disney Store, a sign of Elián’s contested insertion into an American Dreamscape that not only promises an endless supply of consumer goods but provides a purportedly safe venue for the alternative Cuban nation. The illusory virtuality of that nation also animates a futuristic scenario, written in Spanish by Camilo Hernández, and circulated via email in May 2000. In this text, Elián sparks a corporate battle between Firestone and Goodyear to claim credit for his inner-tubed survival. Cuban Americans regard Elián as the Messiah come to lead them to the promised land. His ability to walk on water is scientifically tested: he sinks and has to be rescued again. In the ensuing custody battle, Cuban state-run demonstrations allow mothers of lesbians and of children who fail maths to have their say on Elián. Andrew Lloyd Weber wins awards for “Elián the Musical,” and for the film version, Madonna plays the role of the dolphin that saved Elián. Laws are enacted to punish people who mispronounce “Elián” but these do not help Elián’s family. All legal avenues exhausted, the entire exile community moves to Canada, and then to North Dakota where a full-scale replica of Cuba has been built. Visa problems spark another migration; the exiles are welcomed by Israel, thus inspiring a new Intifada that impels their return to the U.S.A. Things settle down by 2014, when Elián, his wife and daughter celebrate his 21st birthday as guests of the Kennedys. The text ends in 2062, when the great-great-grandson of Ry Cooder encounters an elderly Elián in Wyoming, thus providing Elián with his second fifteen minutes of fame. Hernández’s text confirms the impatience with which the Cuban-exile community was regarded by other U.S. Latino sectors, and exemplifies the loss of control over Elián experienced by both sides in the righteous Cuban “moral crusade” to save or repatriate Elián (Fernández xv). (Many Chicanos, for example, were angered at Cuban-exile arguments that Elián should remain in the U.S.A. when, in 1999 alone, 8,000 Mexican children were repatriated to Mexico (Ramos 126), statistical confirmation of the favored status that Cubans enjoy, and Mexicans do not, vis-à-vis U.S. immigration policy. Tom Tomorrow’s cartoon and Camilo Hernández’s email text are part of what I call the “What-if?” sub-genre of Elián representations. Another example is “If Elián Gonzalez was Jewish,” archived on Lori’s Mishmash Humor page, in which Eliat Ginsburg is rescued after floating on a giant matzoh in the Florida Strait, and his Florida relatives fight to prevent his return to Israel, where “he had no freedom, no rights, no tennis lessons”.) Nonetheless, that “moral crusade” has continued in the Cuban state. During the custody battle, Elián was virtualized into a hero of national sovereignty, an embodied fix for a revolutionary project in strain due to the U.S. embargo, the collapse of Soviet socialism, and the symbolic threat posed by the virtual Cuban nation-in-waiting in Florida. Indeed, for the Castro regime, the exile wing of the national family is virtual precisely because it conveniently overlooks two facts: the continued survival of the Cuban state itself; and the exile community’s forty-plus-year slide into permanent U.S. residency as one migrant sector among many. Such rhetoric has not faded since Elián’s return. On December 5, 2003, Castro visited Cárdenas for Elián’s tenth birthday celebration and a quick tour of the Museo a la batalla de ideas (Museum for the Battle of Ideas), the museum dedicated to Elián’s “victory” over U.S. imperialism and opened by Castro on July 14, 2001. At Elián’s school Castro gave a speech in which he recalled the struggle to save “that little boy, whose absence caused everyone, and the whole people of Cuba, so much sorrow and such determination to struggle.” The conflation of Cuban state rhetoric and an Elián mnemonic in Cárdenas is repeated in Havana’s “Plaza de Elián,” or more formally Tribuna Anti-imperialista José Martí, where a statue of José Martí, the nineteenth-century Cuban nationalist, holds Elián in his arms while pointing to Florida. Meanwhile, in Little Havana, Miami, a sun-faded set of photographs and hand-painted signs, which insist God will save Elián yet, hang along the front fence of the house — now also a museum and site of pilgrimage — where Elián once lived in a state of siege. While Elián’s centrality in a struggle between virtuality and virtue continues on both sides of the Florida Strait, the Cuban nowhere could not contain Elián. During his U.S. sojourn many commentators noted that his travails were relayed in serial fashion to an international audience that also claimed intimate knowledge of the boy. Coming after the O.J. Simpson saga and the Clinton-Lewinsky affair, the Elián story confirmed journalist Rick Kushman’s identification of a ceaseless, restless U.S. media attention shift from one story to the next, generating an “übercoverage” that engulfs the country “in mini-hysteria” (Calvert 107). But In Elián’s case, the voyeuristic media-machine attained unprecedented intensity because it met and worked with the virtualities of the Cuban nowhere, part of it in the U.S.A. Thus, a transnational surfeit of Elián-narrative options was guaranteed for participants, audiences and commentators alike, wherever they resided. In Cuba, Elián was hailed as the child-hero of the Revolution. In Miami he was a savior sent by God, the proof supplied by the dolphins that saved him from sharks, and the Virgins who appeared in Little Havana after his arrival (De La Torre 3-5). Along the U.S.A.-Mexico border in 2000, Elián’s name was given to hundreds of Mexican babies whose parents thought the gesture would guarantee their sons a U.S. future. Day by day, Elián’s story was propelled across the globe by melodramatic plot devices familiar to viewers of soap opera: doubtful paternities; familial crimes; identity secrets and their revelation; conflicts of good over evil; the reuniting of long-lost relatives; and the operations of chance and its attendant “hand of Destiny, arcane and vaguely supernatural, transcending probability of doubt” (Welsh 22). Those devices were also favored by the amateur author, whose narratives confirm that the delirious parameters of cyberspace are easily matched in the worldly text. In Michael John’s self-published “history,” Betrayal of Elian Gonzalez, Elián is cast as the victim of a conspiracy traceable back to the hydra-headed monster of Castro-Clinton and the world media: “Elian’s case was MANIPULATED to achieve THEIR OVER-ALL AGENDA. Only time will bear that out” (143). His book is now out of print, and the last time I looked (August 2004) one copy was being offered on Amazon.com for US$186.30 (original price, $9.95). Guyana-born, Canadian-resident Frank Senauth’s eccentric novel, A Cry for Help: The Fantastic Adventures of Elian Gonzalez, joins his other ventures into vanity publishing: To Save the Titanic from Disaster I and II; To Save Flight 608 From Disaster; A Wish to Die – A Will to Live; A Time to Live, A Time to Die; and A Day of Terror: The Sagas of 11th September, 2001. In A Cry for Help, Rachel, a white witch and student of writing, travels back in time in order to save Elián’s mother and her fellow travelers from drowning in the Florida Strait. As Senauth says, “I was only able to write this dramatic story because of my gift for seeing things as they really are and sharing my mystic imagination with you the public” (25). As such texts confirm, Elián González is an aberrant addition to the traditional U.S.-sponsored celebrity roll-call. He had no ontological capacity to take advantage of, intervene in, comment on, or be known outside, the parallel narrative universe into which he was cast and remade. He was cast adrift as a mere proper name that impelled numerous authors to supply the boy with the biography he purportedly lacked. Resident of an “atmospheric depression in history” (Stenger 56), Elián was battled over by virtualized national rivals, mass-mediated, and laid bare for endless signification. Even before his return to Cuba, one commentator noted that Elián had been consumed, denied corporeality, and condemned to “live out his life in hyper-space” (Buzachero). That space includes the infamous episode of South Park from May 2000, in which Kenny, simulating Elián, is killed off as per the show’s episodic protocols. Symptomatic of Elián’s narrative dispersal, the Kenny-Elián simulation keeps on living and dying whenever the episode is re-broadcast on TV sets across the world. Appropriated and relocated to strange and estranging narrative terrain, one Elián now lives out his multiple existences in the Cuban-U.S. “atmosphere in history,” and the Elián icon continues to proliferate virtually anywhere. References Arboleya, Jesús. The Cuban Counter-Revolution. Trans. Rafael Betancourt. Research in International Studies, Latin America Series no. 33. Athens, OH: Ohio Center for International Studies, 2000. Braudy, Leo. The Frenzy of Renown: Fame and Its History. New York and Oxford: Oxford UP, 1986. Buzachero, Chris. “Elian Gonzalez in Hyper-Space.” Ctheory.net 24 May 2000. 19 Aug. 2004: http://www.ctheory.net/text_file.asp?pick=222>. Calvert, Clay. Voyeur Nation: Media, Privacy, and Peering in Modern Culture. Boulder: Westview, 2000. Castro, Fidel. “Speech Given by Fidel Castro, at the Ceremony Marking the Birthday of Elian Gonzalez and the Fourth Anniversary of the Battle of Ideas, Held at ‘Marcello Salado’ Primary School in Cardenas, Matanzas on December 5, 2003.” 15 Aug. 2004 http://www.revolutionarycommunist.org.uk/fidel_castro3.htm>. Cuban American National Foundation. Official Website. 2004. 20 Aug. 2004 http://www.canf.org/2004/principal-ingles.htm>. De La Torre, Miguel A. La Lucha For Cuba: Religion and Politics on the Streets of Miami. Berkeley: U of California P, 2003. “Elian Jokes.” Hypercenter.com 2000. 19 Aug. 2004 http://www.hypercenter.com/jokes/elian/index.shtml>. “Elian’s Home Page.” 2000. 19 Aug. 2004 http://elian.8k.com>. Everard, Jerry. Virtual States: The Internet and the Boundaries of the Nation-State. London and New York, Routledge, 2000. Fernández, Damián J. Cuba and the Politics of Passion. Austin: U of Texas P, 2000. Hernández, Camilo. “Cronología de Elián.” E-mail. 2000. Received 6 May 2000. “If Elian Gonzalez Was Jewish.” Lori’s Mishmash Humor Page. 2000. 10 Aug. 2004 http://www.geocities.com/CollegePark/6174/jokes/if-elian-was-jewish.htm>. John, Michael. Betrayal of Elian Gonzalez. MaxGo, 2000. “Liberty for Elián.” Official Save Elián Website 2000. June 2003 http://www.libertyforelian.org>. Marshall, P. David. Celebrity and Power: Fame in Contemporary Culture. Minneapolis and London: U of Minnesota P, 1997. Ramos, Jorge. La otra cara de América: Historias de los inmigrantes latinoamericanos que están cambiando a Estados Unidos. México, DF: Grijalbo, 2000. Rodden, Lois. “Elian Gonzalez.” Astrodatabank 2000. 20 Aug. 2004 http://www.astrodatabank.com/NM/GonzalezElian.htm>. Rowe, John Carlos. 2002. The New American Studies. Minneapolis and London: U of Minnesota P, 2002. “The Sad Saga of Elian Gonzalez.” July 2004. 19 Aug. 2004 http://www.revlu.com/Elian.html>. Senauth, Frank. A Cry for Help: The Fantastic Adventures of Elian Gonzalez. Victoria, Canada: Trafford, 2000. Stenger, Nicole. “Mind Is a Leaking Rainbow.” Cyberspace: First Steps. Ed. Michael Benedikt. Cambridge, MA: MIT P, 1991. 49-58. Welsh, Alexander. George Eliot and Blackmail. Cambridge, MA: Harvard UP, 1985. Citation reference for this article MLA Style Allatson, Paul. "The Virtualization of Elián González." M/C Journal 7.5 (2004). echo date('d M. Y'); ?> <http://journal.media-culture.org.au/0411/16-allatson.php>. APA Style Allatson, P. (Nov. 2004) "The Virtualization of Elián González," M/C Journal, 7(5). Retrieved echo date('d M. Y'); ?> from <http://journal.media-culture.org.au/0411/16-allatson.php>.

In its preamble, The Western Australian Charter of Multiculturalism (WA) commits the state to becoming: “A society in which respect for mutual difference is accompanied by equality of opportunity within a framework of democratic citizenship”. One of the principles of multiculturalism, as enunciated in the Charter, is “equality of opportunity for all members of society to achieve their full potential in a free and democratic society where every individual is equal before and under the law”. An important element of this principle is the “equality of opportunity … to achieve … full potential”. The implication here is that those who start from a position of disadvantage when it comes to achieving that potential deserve more than ‘equal’ treatment. Implicitly, equality can be achieved only through the recognition of and response to differential needs and according to the likelihood of achieving full potential. This is encapsulated in Kymlicka’s argument that neutrality is “hopelessly inadequate once we look at the diversity of cultural membership which exists in contemporary liberal democracies” (903). Yet such a potential commitment to differential support might seem unequal to some, where equality is constructed as the same or equal treatment regardless of differing circumstances. Until the past half-century or more, this problematic has been a hotly-contested element of the struggle for Civil Rights for African-Americans in the United States, especially as these rights related to educational opportunity during the years of racial segregation. For some, providing resources to achieve equal outcomes (rather than be committed to equal inputs) may appear to undermine the very ethos of liberal democracy. In Australia, this perspective has been the central argument of Pauline Hanson and her supporters who denounce programs designed as measures to achieve equality for specific disadvantaged groups; including Indigenous Australians and humanitarian refugees. Nevertheless, equality for all on all grounds of legally-accepted difference: gender, race, age, family status, sexual orientation, political conviction, to name a few; is often held as the hallmark of progressive liberal societies such as Australia. In the matter of religious freedoms the situation seems much less complex. All that is required for religious equality, it seems, is to define religion as a private matter – carried out, as it were, between consenting parties away from the public sphere. This necessitates, effectively, the separation of state and religion. This separation of religious belief from the apparatus of the state is referred to as ‘secularism’ and it tends to be regarded as a cornerstone of a liberal democracy, given the general assumption that secularism is a necessary precursor to equal treatment of and respect for different religious beliefs, and the association of secularism with the Western project of the Enlightenment when liberty, equality and science replaced religion and superstition. By this token, western nations committed to equality are also committed to being liberal, democratic and secular in nature; and it is a matter of state indifference as to which religious faith a citizen embraces – Wiccan, Christian, Judaism, etc – if any. Historically, and arguably more so in the past decade, the terms ‘democratic’, ‘secular’, ‘liberal’ and ‘equal’ have all been used to inscribe characteristics of the collective ‘West’. Individuals and states whom the West ascribe as ‘other’ are therefore either or all of: not democratic; not liberal; or not secular – and failing any one of these characteristics (for any country other than Britain, with its parliamentary-established Church of England, headed by the Queen as Supreme Governor) means that that country certainly does not espouse equality. The West and the ‘Other’ in Popular Discourse The constructed polarisation between the free, secular and democratic West that values equality; and the oppressive ‘other’ that perpetuates theocracies, religious discrimination and – at the ultimate – human rights abuses, is a common theme in much of the West’s media and popular discourse on Islam. The same themes are also applied in some measure to Muslims in Australia, in particular to constructions of the rights of Muslim women in Australia. Typically, Muslim women’s dress is deemed by some secular Australians to be a symbol of religious subjugation, rather than of free choice. Arguably, this polemic has come to the fore since the terrorist attacks on the United States in September 2001. However, as Aly and Walker note, the comparisons between the West and the ‘other’ are historically constructed and inherited (Said) and have tended latterly to focus western attention on the role and status of Muslim women as evidence of the West’s progression comparative to its antithesis, Eastern oppression. An examination of studies of the United States media coverage of the September 11 attacks, and the ensuing ‘war on terror’, reveals some common media constructions around good versus evil. There is no equal status between these. Good must necessarily triumph. In the media coverage, the evil ‘other’ is Islamic terrorism, personified by Osama bin Laden. Part of the justification for the war on terror is a perception that the West, as a force for good in this world, must battle evil and protect freedom and democracy (Erjavec and Volcic): to do otherwise is to allow the terror of the ‘other’ to seep into western lives. The war on terror becomes the defence of the west, and hence the defence of equality and freedom. A commitment to equality entails a defeat of all things constructed as denying the rights of people to be equal. Hutcheson, Domke, Billeaudeaux and Garland analysed the range of discourses evident in Time and Newsweek magazines in the five weeks following September 11 and found that journalists replicated themes of national identity present in the communication strategies of US leaders and elites. The political and media response to the threat of the evil ‘other’ is to create a monolithic appeal to liberal values which are constructed as being a monopoly of the ‘free’ West. A brief look at just a few instances of public communication by US political leaders confirms Hutcheson et al.’s contention that the official construction of the 2001 attacks invoked discourses of good and evil reminiscent of the Cold War. In reference to the actions of the four teams of plane hijackers, US president George W Bush opened his Address to the Nation on the evening of September 11: “Today, our fellow citizens, our way of life, our very freedom came under attack in a series of deliberate and deadly terrorist acts” (“Statement by the President in His Address to the Nation”). After enjoining Americans to recite Psalm 23 in prayer for the victims and their families, President Bush ended his address with a clear message of national unity and a further reference to the battle between good and evil: “This is a day when all Americans from every walk of life unite in our resolve for justice and peace. America has stood down enemies before, and we will do so this time. None of us will ever forget this day. Yet, we go forward to defend freedom and all that is good and just in our world” (“Statement by the President in His Address to the Nation”). In his address to the joint houses of Congress shortly after September 11, President Bush implicated not just the United States in this fight against evil, but the entire international community stating: “This is the world’s fight. This is civilisation’s fight” (cited by Brown 295). Addressing the California Business Association a month later, in October 2001, Bush reiterated the notion of the United States as the leading nation in the moral fight against evil, and identified this as a possible reason for the attack: “This great state is known for its diversity – people of all races, all religions, and all nationalities. They’ve come here to live a better life, to find freedom, to live in peace and security, with tolerance and with justice. When the terrorists attacked America, this is what they attacked”. While the US media framed the events of September 11 as an attack on the values of democracy and liberalism as these are embodied in US democratic traditions, work by scholars analysing the Australian media’s representation of the attacks suggested that this perspective was echoed and internationalised for an Australian audience. Green asserts that global media coverage of the attacks positioned the global audience, including Australians, as ‘American’. The localisation of the discourses of patriotism and national identity for Australian audiences has mainly been attributed to the media’s use of the good versus evil frame that constructed the West as good, virtuous and moral and invited Australian audiences to subscribe to this argument as members of a shared Western democratic identity (Osuri and Banerjee). Further, where the ‘we’ are defenders of justice, equality and the rule of law; the opposing ‘others’ are necessarily barbaric. Secularism and the Muslim Diaspora Secularism is a historically laden term that has been harnessed to symbolise the emancipation of social life from the forced imposition of religious doctrine. The struggle between the essentially voluntary and private demands of religion, and the enjoyment of a public social life distinct from religious obligations, is historically entrenched in the cultural identities of many modern Western societies (Dallmayr). The concept of religious freedom in the West has evolved into a principle based on the bifurcation of life into the objective public sphere and the subjective private sphere within which individuals are free to practice their religion of choice (Yousif), or no religion at all. Secularism, then, is contingent on the maintenance of a separation between the public (religion-free) and the private or non- public (which may include religion). The debate regarding the feasibility or lack thereof of maintaining this separation has been a matter of concern for democratic theorists for some time, and has been made somewhat more complicated with the growing presence of religious diasporas in liberal democratic states (Charney). In fact, secularism is often cited as a precondition for the existence of religious pluralism. By removing religion from the public domain of the state, religious freedom, in so far as it constitutes the ability of an individual to freely choose which religion, if any, to practice, is deemed to be ensured. However, as Yousif notes, the Western conception of religious freedom is based on a narrow notion of religion as a personal matter, possibly a private emotional response to the idea of God, separate from the rational aspects of life which reside in the public domain. Arguably, religion is conceived of as recognising (or creating) a supernatural dimension to life that involves faith and belief, and the suspension of rational thought. This Western notion of religion as separate from the state, dividing the private from the public sphere, is constructed as a necessary basis for the liberal democratic commitment to secularism, and the notional equality of all religions, or none. Rawls questioned how people with conflicting political views and ideologies can freely endorse a common political regime in secular nations. The answer, he posits, lies in the conception of justice as a mechanism to regulate society independently of plural (and often opposing) religious or political conceptions. Thus, secularism can be constructed as an indicator of pluralism and justice; and political reason becomes the “common currency of debate in a pluralist society” (Charney 7). A corollary of this is that religious minorities must learn to use the language of political reason to represent and articulate their views and opinions in the public context, especially when talking with non-religious others. This imposes a need for religious minorities to support their views and opinions with political reason that appeals to the community at large as citizens, and not just to members of the minority religion concerned. The common ground becomes one of secularism, in which all speakers are deemed to be indifferent as to the (private) claims of religion upon believers. Minority religious groups, such as fundamentalist Mormons, invoke secular language of moral tolerance and civil rights to be acknowledged by the state, and to carry out their door-to-door ‘information’ evangelisation/campaigns. Right wing fundamentalist Christian groups and Catholics opposed to abortion couch their views in terms of an extension of the secular right to life, and in terms of the human rights and civil liberties of the yet-to-be-born. In doing this, these religious groups express an acceptance of the plurality of the liberal state and engage in debates in the public sphere through the language of political values and political principles of the liberal democratic state. The same principles do not apply within their own associations and communities where the language of the private religious realm prevails, and indeed is expected. This embracing of a political rhetoric for discussions of religion in the public sphere presents a dilemma for the Muslim diaspora in liberal democratic states. For many Muslims, religion is a complete way of life, incapable of compartmentalisation. The narrow Western concept of religious expression as a private matter is somewhat alien to Muslims who are either unable or unwilling to separate their religious needs from their needs as citizens of the nation state. Problems become apparent when religious needs challenge what seems to be publicly acceptable, and conflicts occur between what the state perceives to be matters of rational state interest and what Muslims perceive to be matters of religious identity. Muslim women’s groups in Western Australia for example have for some years discussed the desirability of a Sharia divorce court which would enable Muslims to obtain divorces according to Islamic law. It should be noted here that not all Muslims agree with the need for such a court and many – probably a majority – are satisfied with the existing processes that allow Muslim men and women to obtain a divorce through the Australian family court. For some Muslims however, this secular process does not satisfy their religious needs and it is perceived as having an adverse impact on their ability to adhere to their faith. A similar situation pertains to divorced Catholics who, according to a strict interpretation of their doctrine, are unable to take the Eucharist if they form a subsequent relationship (even if married according to the state), unless their prior marriage has been annulled by the Catholic Church or their previous partner has died. Whereas divorce is considered by the state as a public and legal concern, for some Muslims and others it is undeniably a religious matter. The suggestion by the Anglican Communion’s Archbishop of Canterbury, Dr Rowan Williams, that the adoption of certain aspects of Sharia law regarding marital disputes or financial matters is ultimately unavoidable, sparked controversy in Britain and in Australia. Attempts by some Australian Muslim scholars to elaborate on Dr Williams’s suggestions, such as an article by Anisa Buckley in The Herald Sun (Buckley), drew responses that, typically, called for Muslims to ‘go home’. A common theme in these responses is that proponents of Sharia law (and Islam in general) do not share a commitment to the Australian values of freedom and equality. The following excerpts from the online pages of Herald Sun Readers’ Comments (Herald Sun) demonstrate this perception: “These people come to Australia for freedoms they have never experienced before and to escape repression which is generally brought about by such ‘laws’ as Sharia! How very dare they even think that this would be an option. Go home if you want such a regime. Such an insult to want to come over to this country on our very goodwill and our humanity and want to change our systems and ways. Simply, No!” Posted 1:58am February 12, 2008 “Under our English derived common law statutes, the law is supposed to protect an individual’s rights to life, liberty and property. That is the basis of democracy in Australia and most other western nations. Sharia law does not adequately share these philosophies and principles, thus it is incompatible with our system of law.” Posted 12:55am February 11, 2008 “Incorporating religious laws in the secular legal system is just plain wrong. No fundamentalist religion (Islam in particular) is compatible with a liberal-democracy.” Posted 2:23pm February 10, 2008 “It should not be allowed in Australia the Muslims come her for a better life and we give them that opportunity but they still believe in covering them selfs why do they even come to Australia for when they don’t follow owe [our] rules but if we went to there [their] country we have to cover owe selfs [sic]” Posted 11:28am February 10, 2008 Conflicts similar to this one – over any overt or non-private religious practice in Australia – may also be observed in public debates concerning the wearing of traditional Islamic dress; the slaughter of animals for consumption; Islamic burial rites, and other religious practices which cannot be confined to the private realm. Such conflicts highlight the inability of the rational liberal approach to solve all controversies arising from religious traditions that enjoin a broader world view than merely private spirituality. In order to adhere to the liberal reduction of religion to the private sphere, Muslims in the West must negotiate some religious practices that are constructed as being at odds with the rational state and practice a form of Islam that is consistent with secularism. At the extreme, this Western-acceptable form is what the Australian government has termed ‘moderate Islam’. The implication here is that, for the state, ‘non-moderate Islam’ – Islam that pervades the public realm – is just a descriptor away from ‘extreme’. The divide between Christianity and Islam has been historically played out in European Christendom as a refusal to recognise Islam as a world religion, preferring instead to classify it according to race or ethnicity: a Moorish tendency, perhaps. The secular state prefers to engage with Muslims as an ethnic, linguistic or cultural group or groups (Yousif). Thus, in order to engage with the state as political citizens, Muslims must find ways to present their needs that meet the expectations of the state – ways that do not use their religious identity as a frame of reference. They can do this by utilizing the language of political reason in the public domain or by framing their needs, views and opinions exclusively in terms of their ethnic or cultural identity with no reference to their shared faith. Neither option is ideal, or indeed even viable. This is partly because many Muslims find it difficult if not impossible to separate their religious needs from their needs as political citizens; and also because the prevailing perception of Muslims in the media and public arena is constructed on the basis of an understanding of Islam as a religion that conflicts with the values of liberal democracy. In the media and public arena, little consideration is given to the vast differences that exist among Muslims in Australia, not only in terms of ethnicity and culture, but also in terms of practice and doctrine (Shia or Sunni). The dominant construction of Muslims in the Australian popular media is of religious purists committed to annihilating liberal, secular governments and replacing them with anti-modernist theocratic regimes (Brasted). It becomes a talking point for some, for example, to realise that there are international campaigns to recognise Gay Muslims’ rights within their faith (ABC) (in the same way that there are campaigns to recognise Gay Christians as full members of their churches and denominations and equally able to hold high office, as followers of the Anglican Communion will appreciate). Secularism, Preference and Equality Modood asserts that the extent to which a minority religious community can fully participate in the public and political life of the secular nation state is contingent on the extent to which religion is the primary marker of identity. “It may well be the case therefore that if a faith is the primary identity of any community then that community cannot fully identify with and participate in a polity to the extent that it privileges a rival faith. Or privileges secularism” (60). Modood is not saying here that Islam has to be privileged in order for Muslims to participate fully in the polity; but that no other religion, nor secularism, should be so privileged. None should be first, or last, among equals. For such a situation to occur, Islam would have to be equally acceptable both with other religions and with secularism. Following a 2006 address by the former treasurer (and self-avowed Christian) Peter Costello to the Sydney Institute, in which Costello suggested that people who feel a dual claim from both Islamic law and Australian law should be stripped of their citizenship (Costello), the former Prime Minister, John Howard, affirmed what he considers to be Australia’s primary identity when he stated that ‘Australia’s core set of values flowed from its Anglo Saxon identity’ and that any one who did not embrace those values should not be allowed into the country (Humphries). The (then) Prime Minister’s statement is an unequivocal assertion of the privileged position of the Anglo Saxon tradition in Australia, a tradition with which many Muslims and others in Australia find it difficult to identify. Conclusion Religious identity is increasingly becoming the identity of choice for Muslims in Australia, partly because it is perceived that their faith is under attack and that it needs defending (Aly). They construct the defence of their faith as a choice and an obligation; but also as a right that they have under Australian law as equal citizens in a secular state (Aly and Green). Australian Muslims who have no difficulty in reconciling their core Australianness with their deep faith take it as a responsibility to live their lives in ways that model the reconciliation of each identity – civil and religious – with the other. In this respect, the political call to Australian Muslims to embrace a ‘moderate Islam’, where this is seen as an Islam without a public or political dimension, is constructed as treating their faith as less than equal. Religious identity is generally deemed to have no place in the liberal democratic model, particularly where that religion is constructed to be at odds with the principles and values of liberal democracy, namely tolerance and adherence to the rule of law. Indeed, it is as if the national commitment to secularism rules as out-of-bounds any identity that is grounded in religion, giving precedence instead to accepting and negotiating cultural and ethnic differences. Religion becomes a taboo topic in these terms, an affront against secularism and the values of the Enlightenment that include liberty and equality. In these circumstances, it is not the case that all religions are equally ignored in a secular framework. What is the case is that the secular framework has been constructed as a way of ‘privatising’ one religion, Christianity; leaving others – including Islam – as having nowhere to go. Islam thus becomes constructed as less than equal since it appears that, unlike Christians, Muslims are not willing to play the secular game. In fact, Muslims are puzzling over how they can play the secular game, and why they should play the secular game, given that – as is the case with Christians – they see no contradiction in performing ‘good Muslim’ and ‘good Australian’, if given an equal chance to embrace both. Acknowledgements This paper is based on the findings of an Australian Research Council Discovery Project, 2005-7, involving 10 focus groups and 60 in-depth interviews. The authors wish to acknowledge the participation and contributions of WA community members. References ABC. “A Jihad for Love.” Life Matters (Radio National), 21 Feb. 2008. 11 March 2008. < http://www.abc.net.au/rn/lifematters/stories/2008/2167874.htm >.Aly, Anne. “Australian Muslim Responses to the Discourse on Terrorism in the Australian Popular Media.” Australian Journal of Social Issues 42.1 (2007): 27-40.Aly, Anne, and Lelia Green. “‘Moderate Islam’: Defining the Good Citizen.” M/C Journal 10.6/11.1 (2008). 13 April 2008 < http://journal.media-culture.org.au/0804/08aly-green.php >.Aly, Anne, and David Walker. “Veiled Threats: Recurrent Anxieties in Australia.” Journal of Muslim Minority Affairs 27.2 (2007): 203-14.Brasted, Howard.V. “Contested Representations in Historical Perspective: Images of Islam and the Australian Press 1950-2000.” Muslim Communities in Australia. Eds. Abdullah Saeed and Akbarzadeh, Shahram. Sydney: University of New South Wales Press, 2001. 206-28.Brown, Chris. “Narratives of Religion, Civilization and Modernity.” Worlds in Collision: Terror and the Future of Global Order. Eds. Ken Booth and Tim Dunne. New York: Palgrave Macmillan, 2002. 293-324. Buckley, Anisa. “Should We Allow Sharia Law?” Sunday Herald Sun 10 Feb. 2008. 8 March 2008 < http://www.news.com.au/heraldsun/story/0,21985,231869735000117,00.html >.Bush, George. W. “President Outlines War Effort: Remarks by the President at the California Business Association Breakfast.” California Business Association 2001. 17 April 2007 < http://www.whitehouse.gov/news/releases/2001/10/20011017-15.html >.———. “Statement by the President in His Address to the Nation”. Washington, 2001. 17 April 2007 < http://www.whitehouse.gov/news/releases/2001/09/20010911-16.html >.Charney, Evan. “Political Liberalism, Deliberative Democracy, and the Public Sphere.” The American Political Science Review 92.1 (1998): 97- 111.Costello, Peter. “Worth Promoting, Worth Defending: Australian Citizenship, What It Means and How to Nurture It.” Address to the Sydney Institute, 23 February 2006. 24 Apr. 2008 < http://www.treasurer.gov.au/DisplayDocs.aspx?doc=speeches/2006/004.htm &pageID=05&min=phc&Year=2006&DocType=1 >.Dallmayr, Fred. “Rethinking Secularism.” The Review of Politics 61.4 (1999): 715-36.Erjavec, Karmen, and Zala Volcic. “‘War on Terrorism’ as Discursive Battleground: Serbian Recontextualisation of G. W. Bush’s Discourse.” Discourse and Society 18 (2007): 123- 37.Green, Lelia. “Did the World Really Change on 9/11?” Australian Journal of Communication 29.2 (2002): 1-14.Herald Sun. “Readers’ Comments: Should We Allow Sharia Law?” Herald Sun Online Feb. 2008. 8 March 2008. < http://www.news.com.au/heraldsun/comments/0,22023,23186973-5000117,00.html >.Humphries, David. “Live Here, Be Australian.” The Sydney Morning Herald 25 Feb. 2006, 1 ed.Hutcheson, John S., David Domke, Andre Billeaudeaux, and Philip Garland. “U.S. National Identity, Political Elites, and Patriotic Press Following September 11.” Political Communication 21.1 (2004): 27-50.Kymlicka, Will. “Liberal Individualism and Liberal Neutrality.” Ethics 99.4 (1989): 883-905.Modood, Tariq. “Establishment, Multiculturalism and British Citizenship.” The Political Quarterly (1994): 53-74.Osuri, Goldie, and Subhabrata B. Banerjee. “White Diasporas: Media Representations of September 11 and the Unbearable Whiteness of Being in Australia.” Social Semiotics 14.2 (2004): 151- 71.Rawls, John. A Theory of Justice. Cambridge: Harvard UP, 1971.Said, Edward. Orientalism. New York: Vintage Books 1978.Western Australian Charter of Multiculturalism. WA: Government of Western Australia, Nov. 2004. 11 March 2008 < http://www.equalopportunity.wa.gov.au/pdf/wa_charter_multiculturalism.pdf >.Yousif, Ahmad. “Islam, Minorities and Religious Freedom: A Challenge to Modern Theory of Pluralism.” Journal of Muslim Minority Affairs 20.1 (2000): 30-43.

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This item is only available in print in the UCF Libraries. If this is your Honors Thesis, you can help us make it available online for use by researchers around the world by following the instructions on the distribution consent form at http://library.ucf.edu/Systems/DigitalInitiatives/DigitalCollections/InternetDistributionConsentAgreementForm.pdf You may also contact the project coordinator, Kerri Bottorff, at kerri.bottorff@ucf.edu for more information.
Bachelors
Health and Public Affairs
Legal Studies

The Americans With Disabilities Act (ADA) of 1990 requires that employers provide "reasonable accommodations" for qualified individuals who have a disability, provided that doing so does not result in "undue hardship". There are several guidelines that employers have been given to evaluate the reasonableness of job accommodations. Unfortunately, these guidelines have been criticized as being vague and ambiguous. Specific factors considered when determining whether or not to grant an accommodation under the ADA have yet to be examined in psychological research. The current study evaluated the impact of cost of accommodations, position level of the employee, and attitudes of raters for their effects on judgements of the reasonableness of requests and on subjects' likelihood of honoring requests. Results showed that accommodations were rated as more reasonable and were recommended to be honored more often for higher level positions than for lower level positions. Measures of attitudes toward disabled persons, both in general and in the workplace, did not have many significant correlations with the dependent measures. Implications of the findings and ideas for future research are discussed.

This study examines the various ways that Central American migrants traversing Mexico’s southern border interpret, negotiate, and resist conditions of immobilization imposed by state refugee policy and other institutional impediments to northbound movement. My findings are informed by 12 months of ethnographic fieldwork in Tapachula, Chiapas, followed by an additional six, non-consecutive weeks in various sites of transit across Mexico as a Human Rights Observer in the migrant caravans of 2017 and 2018. Since 2011, as a result of increasing rates of violence, flows of Central American women, youth, and families across Mexico’s southern border have risen substantially. In efforts to curb northbound movement, the US has exerted significant pressure for the Mexican government to assume a greater role in the retention, organization, and deterrence of prospective refugee populations, resulting in the temporary resettlement along the southern border of thousands of migrants seeking international protection. Many of these migrants find themselves in a liminal space of legal and social uncertainty in which they must contend with a range of limitations and distinct possibilities as they consider their ongoing trajectories. Through close attention to the social worlds that emerge around and within migrants’ transit communities, I explore central themes related to the existentiality of im/mobility, gendered experiences of transit migration, the paradoxes of institutional practices of refugee protection within predominant transit zones, and diverse forms of resilience and coping that are given breadth through collective travel. Ultimately, I argue that it is critical to explore the narratives and lived realities of those most affected by migration-centered policy and discourse, and to recognize the critical role that migrants play in challenging and reimagining the terms of their in/exclusion.