Blog post #10 - Week 13
How does the Patriot Act pose more of a disadvantage to people's safety than an advantage?
The implementation of the Patriot Act was a result of the multiple 9/11 attacks against the U.S., which posed the question of the safety of living in America, in addition to the defense of all non-Americans who entered the country. The passing of this allowed the usage of surveillance made by the government to be legal and necessary to minimize and hopefully prevent any future attacks that would threaten the citizens and the country's safety. However, Parenti points out in their article that the legality of such surveillance is more "invasive" than not, allowing acts that were previously considered illegal to be legal just because the government believes it will better benefit the security of America, even though before they thought of this as a threat. Acts like wiretapping required multiple warrants per device, but with the Patriot Act, anyone who could be in connection with the supposed "suspect" can be surveilled as well; this example is similar to the "hacking" of one of the members involved in the Pegasus and how his family was involved. Although there are some advantages to this and no one is considered a "suspect" without reasonable suspicion, it does not warrant the fact that those who have a relation with them are automatically deemed suspicious, and the government is given the right to legally search their devices. In addition, Parenti brings up the example that the Act also allows the government to choose which judge implements the warrant, which raises suspicion that the government could choose a judge who already shares similar beliefs with the police and can bring unfairness and injustice to the possible suspect. If the government were to raise much suspicion, especially against a specific ethnic group of people, they could choose a judge who is biased against that group, and they may be deemed to receive a worse sentence than they deserve.
How does Madison & Wallschlaeger's case demonstrate the injustice and bias of the legal system? Madison & Wallschlaeger were arrested in 2009 for "criminal use of a communication facility", "possessing instruments of crime", and "hindering apprehension", which meant that it was a felony to organize or encourage a "riot". However, the only thing that they were doing was letting those who were at the scene, protesting and not rioting, know that police were in certain areas, which allowed the crowd to make sure that they were not doing anything actually "bad". Even after they were released on bond, police continued to harass them by barging into their home under a supposed "warrant" and essentially seizing many of their possessions, which led to the assumption that the police believed they were not innocent. Power quotes Madison, stating that "It was almost as if they thought, 'If we take enough stuff, we'll find something to charge them with'", highlighting the corruption within the legal system where if though you are deemed as "innocent", you will never actually be considered as one. The legal system always reminds its citizens that they prioritize their rights and freedom, but how can they prioritize that when they can not even respect individuals who were already charged and deemed "innocent" of their actions? Because Madison and Wallschlaeger were considered "anarchists", going against the authority of the government, they were automatically considered as "threats" and even with their names cleared; Madison even states "part of the thing with the government is to make you feel not only afraid but also ashamed".
How are immigrants who are "protected" still threatened with their rights and safety within the U.S.? Many immigrants who come into the U.S. enter via visas or special programs like exchange student programs that allow students from other countries an opportunity to study abroad. But with recent events, individuals who are under special programs for their right to live here may not be protected as they are believed to be. Incidents like the multiple international students at CSUF being detained and others like Andry Hernandez Romero, who sought asylum in the United States, all had a right to live within the country, yet they were still detained and eventually deported because they were not actual American citizens. If going through all the legal processes to gain these rights is still not enough the guarantee of their safety, then how can anyone feel safe? How can all this effort be just a formality that may end up with these individuals getting "kicked out"? The flaw to such processes is that even though you may have all the right paperwork and shown that you have "good character", there are so many loopholes within the legal system and the government itself that it almost seems like it is not worth the trouble; individuals who are even caught participating in acts such as peaceful protesting can get them in trouble and sent back within an instant. I feel like this is also a tactic that they are using as an attempt to reduce immigrants entering the country, as if America is "exclusive access only".
Can American citizens even feel safe living in the U.S.? To an extent, no one can feel safe. In 2023, it was estimated that 47.8 million immigrants lived in the United States, or about 14.3% of the U.S. population. This meant that 1 in 7 residents were most likely to be immigrants, or foreign-born; this does not exclude individuals who were born to foreign parents or have family relations who were foreigners. Although it may not seem like a lot to the vast numbers of the total population, it still shows that a large number of citizens within the country were made up of immigrants. If the U.S. government were to use the same tactic of "getting rid of" immigrants, the way that they have detained those who were not exactly citizens, a big chunk of the population would be gone, possibly affecting the economy and the way that the country is run. The United States is, and will always be, full of diversity with many different cultures represented in the communities. For those who are not necessarily white but are still considered American citizen, how can they feel safe if they know that they could be taken just because of the way they look or their ethnic background? Stories shown on the news only show those who are not actual citizens being taken away, but that does not mean that those who are "legalized" have not been taken away either. Like in the previous question, you can have all the right paperwork and prove yourself to the government, and it will still not be enough for them; in the end, only the higher-ups and the government can decide whether you are deemed a "citizen" or not.
Parenti, C. (2007). The soft cage: surveillance in America: from slavery to the war on terror. Basic Books.
Power, M. (2010, March 11). How Your Twitter Account Could Land You in Jail. Mother Jones. https://www.motherjones.com/politics/2010/03/police-twitter-riots-social-media-activists/
How many immigrants are in the United States? | USAFacts. (2024). USAFacts. https://usafacts.org/answers/how-many-immigrants-are-in-the-us/country/united-states/ (extra resource I used for the last question)










