On September 6, 2018, Amber Guyger entered the home of Botham Jean, mistaking it for her apartment, and fatally shot him. Both Guyger and Jean lived in the same apartment building; she lived on the third floor and he lived directly above her. The details of the case are tricky but please feel free to read more about it here. After hearing the case, the jury found Guyger guilty of murder and sentenced her to 10 years in prison. While there are mixed reactions to the sentence, I want to bring our attention to a few events that happened in the courtroom during and after the trial.

Cathy Odhiambo, Guyger’s Black coworker and friend, took the stand in defense of Guyger and spoke to her character. This felt very performative. Was there not anyone else who knew her work ethic and personality, and could speak in defense of her? The Black bailiff comforted and fixed Guyger’s hair while Guyger cried after hearing the verdict. That was extremely difficult to watch. Judge Tammy left her stand to hug Guyger after the trial. That was outright unprofessional. Finally, Brandt Jean, the brother of Botham, said to Guyger, “I don’t even want you to go to jail … I love you as a person, I don’t wish anything bad for you,” then proceeded to hug her.

There was a lot of outrage with what was displayed in the courtroom and I came across a tweet that said, “If you think this is crazy, remember the cross.” As a person of faith, I agree that we should live out Jesus’s teaching to love our neighbor, however I am weary that this message is being targeted solely to Black people.

Black people should not be expected, or forced, to invoke any form labor that makes their oppressor look good. Odhiambo should not have to perform the physical labor of taking the stand in defense of Guyger. Brandt, the bailiff, and Judge Tammy should not have to perform the emotional labor of consoling her. I believe that had the roles been reversed, neither Guyger, nor the white community, would be as compassionate. It is not required for Black people to play the role of Jesus, take up the cross, and forgive their oppressors for oppressing them. I do not want people to feel compelled by any means, whether it be family, friends, or even their faith, to perform an act that has not proven to be beneficial to them in that instant. We mustn’t use the teachings as a way to be complacent and too forgiving for our own good. As Zora Neale Hurston once said, “If you are silent about your pain, they’ll kill you and say you enjoyed it.”

In the last 40 years, the incarcerated population in the United States has increased 500%. There are currently 2.2 million people in U.S. prisons and jail. We incarcerate more people than any other country in the world thanks to drug and sentencing policies that disproportionately affects people of color. According to the NAACP, the effect of this callous approach to policing is riveting: Black people are incarcerated more than five times the rate than whites, the Black women prison population is twice that of white women, and Black children represent 32% of children who are arrested.  Then upon release, returning citizens face a myriad of obstacles that impede reintegration: employment background checks, low wages, and lack of affordable housing, coupled with banishment from government-sponsored safety net programs. For people of color, an encounter with the penal system could be its own death sentence. This is not how we as a country ought to be leading.

Yet, it doesn’t look like the U.S. will lose its standing as the world leader in mass incarceration with the presidency of Donald Trump, who campaigned as the “Law and Order” candidate.  Since Trump took office, a new Jim Crow 3.0 has emerged: the criminalization of undocumented immigrants. Undocumented Immigrants are considered criminals because they committed a misdemeanor crime, the equivalent to running a red light, for staying, or entering the U.S. without documentation. Under President’s Trump’s administration 448,000 undocumented immigrants have been returned or removed and includes those with and without prior convictions. Because President Obama’s DACA policy gave prosecutorial discretion to immigration judges, there are no records available for undocumented immigrants without prior convictions.

As a Government Relations associate responsible for managing a legislative portfolio that includes both immigration and criminal justice reform policy, I find it dangerously easy to spot the similar tactics used to criminalize immigrants and Black Americans. During Trump’s presidential campaign he said Mexican immigrants are rapists, and that they bring drugs and crime to the U.S. This past mid-term election cycle President Trump retweeted a fear-mongering campaign ad that portrayed immigrants as dangerous criminals who we must keep out of the U.S. The video bore a notable resemblance to the 1988 Republican “Willie Horton” presidential campaign ad now infamous for the “dog-whistle” racism it employed. While I’d like to believe these fear-mongering tactics don’t work, 34,000 of the 2.2 million people incarcerated in the U.S. are immigrants held in ICE facilities, and 60% of those incarcerated are people of color.

When we begin to look at how immigrants and Black Americans are incarcerated, we find another scary similarity. Since 2000, the amount of people incarcerated in private prisons has increased by 47% and the amount of immigrants held in private facilities has increased 442% since 2002. The corporations that manage these prisons and detention facilities are GEO Group, Core Civic, and Management and Training Corporation, which require the states in which they are located to arrest and imprison a center amount of people in their prison to make a profit. Because of this practice, it is in their best interests that the U.S. incarceration and detention rate does not decline. Additionally, the prisons owned by these corporations are almost always located in the middle of nowhere, making it difficult for the families and lawyers of incarcerated people to visit them. These tactics are used to make it harder for people of color to seek the justice they deserve.

The United States has created a system that values incarcerating individuals more than helping them return to their communities to be self-sufficient and contribute to society as we all do. Our country views a criminal as people who have always been bad, and will continue to be bad. But the only true evil in this system is mass incarceration.

(feature image courtesy of the California Innocence Project)

“The function, the very serious function of racism is distraction. It keeps you from doing your work. It keeps you explaining, over and over again, your reason for being. Somebody says you have no language and you spend twenty years proving that you do. Somebody says your head isn’t shaped properly so you have scientists working on the fact that it is. Somebody says you have no art, so you dredge that up. Somebody says you have no kingdoms, so you dredge that up. None of this is necessary. There will always be one more thing.” -Toni Morrison

I used to love watching football every Sunday with my parents. I remember the scene well: my mom, an avid New England Patriots fan, and my father, laying claim to both the Cowboys and the Steelers– the teams who thrived during his childhood– both screaming at the TV, the living room filled with the aroma of fried food, and the surround sound pumping the voice of Al Michaels throughout the house.

Football is a sentimental pastime for me, as I’m sure that it is for many people across the country. But like many others, football has become difficult for me to watch. Since the kneeling protests by Colin Kaepernick and a multitude of other players across the NFL have started, I have been distracted from the game that I love by something larger. I can no longer watch football without being reminded of how much my life does not matter. I can’t watch football without being reminded that as a Black man in America, I only exist as a problem that needs to be solved, an animal to be muzzled and caged, a commodity to be bought, sold, and discarded.

I can no longer plug in, turn on, and tune out of the daily distraction that is racism when I watch football. I can’t watch football without thinking that people care more about a song and a piece of cloth than they do about a 12-year-old boy being gunned down for playing in the park. It has tainted the game I love. Some in the United States would rather have me pledge allegiance to the flag than the country be a nation with liberty and justice for all. It is hard for me to stomach this and simply “stick to sports.”

Football was a distraction for me, and I’m sure for many others, from the daily struggles of life. Now, it brings my lack of humanity in our society to the forefront every Sunday when I hear about people heckling those who kneel in protest or see the overt and covert racist tweets about “ungrateful athletes.” I imagine that those people are frustrated because they are also distracted from their favorite pastime. This was something that they could retreat to when they did not want to be bothered by the distraction that is the Black man begging for change outside of the subway. The distraction that is the Black girl with the funny name and big hair who “only got the job because of affirmative action”. The distraction that is the Black kid at school who keeps complaining about the confederate flags flying in the parking lot. These distractions have infiltrated the sacred space of American football. It is no longer the noncontroversial space of hard work and meritocracy that Americans viewers are used to. They’re distracted because their once colorblind consciousness has been forced to recognize that these athletes are people too. Black people. Black athletes are Black lives and their lives should matter just as much as I want mine to.