California Values Bill SB-54: What It Is About and Why It is Important to Women

By Cherise Charleswell

California Legislation, particularly health policy and those dealing with public safety, is of great importance to the United States as a whole; and this is because California has always stood out as a leader and innovator. Other states, and even the Federal government, often look to the precedents set by California, and subsequently go on to pass the same or similar policies. As stated in a 2012 article , California sets trends in health regulation , "Some advocates tout the state as a forward-thinking vanguard in which its health and safety laws are routinely emulated by other states".

In short, California's laws shape and set standards for the rest of the country.

The California Values Bill SB-54 is often incorrectly referred to as the Sanctuary City Bill. The phrase "sanctuary city bill" is inaccurate because there is unfortunately no guarantee of sanctuary in the U.S. City officials do not have the power to outright stop the federal government from deporting people in their communities. Cities and States could merely choose to carry out a symbolic policy - which includes having local police abstain from helping federal authorities identify, detain, or deport any immigrants that entered the U.S. illegally.

What exactly is a Sanctuary City?

In 1996, the 104th U.S. Congress passed Pub. L. 104-208, also known as the Illegal Immigration Reform and Immigrant Responsibility Act ( IIRIRA ). The IIRIRA requires local governments to cooperate with the Department of Homeland Security's Immigration and Customs Enforcement (ICE) Agency. Despite the IIRIRA, hundreds of urban, suburban, and rural communities have resisted and outright ignored the law, instead choosing to adopt and enact sanctuary policies.

A sanctuary city is a city that limits its cooperation with the national government effort to enforce immigration law. Essentially, sanctuary cities act as a protective shield, standing in the way of federal efforts to pinpoint and deport people at random.

According to recent reports from the U.S. Immigration and Customs Enforcement, California has the fourth most counties and second most cities considered to have adopted laws, policies or practices that may impede some immigration enforcement efforts. The state of Oregon has the most, with 31 counties, followed by Washington (18), Pennsylvania (16) and California (15). Massachusetts has the most cities considered to be "sanctuary," and California follows with three. However, The Los Angeles Times reported that ICE suspended the recently adopted practice of reporting cities that don't comply with federal detention efforts following error-ridden reports.

The California Values Bill entails the following:

• Prohibit state or local resources from being used to investigate, detain, detect, report or arrest persons for immigration enforcement purposes.

• Ban state and local resources from being used to facilitate the creation of a national registry based on religion.

• Prevent state agencies from collecting or sharing immigration information from individuals unless necessary to perform agency duties.

• Ensure that California schools, hospitals and courthouses remain safe and accessible to all California residents regardless of immigration status.

Why this Legislation and Protection of Sanctuary Cities Is Important to Public Health & Safety

Consider a scenario where there is a serial rapist, but his initial victims were all undocumented and thus unwilling to contact police to report the crime, and this rapist then goes on to harm others - legal citizens.

Would we now find his crime egregious? Would we now want to remove this guy off of the streets so he can no longer harm others?

The logical answer would be yes, but it does not dismiss the fact that all other subsequent rapes could have been prevented if the first victim felt safe enough to come forward. This scenario describes the importance of sanctuary cities and the California Values Bill, in terms of public health and safety. It would help to ensure that those residing in the state of California, regardless of documented status, can come forward to report crimes committed against themselves and others to law enforcement.

Why this Legislation and Protection of Sanctuary Cities Is Important to Victims of Intimate Partner Violence

For the same reasons as described as above. Furthermore, abusers use the threat of reporting undocumented victims or even members of their families who may be undocumented, as a means to (1) ensure that they conceal the abuse and not report them to the police, (2) force them to return to abusive situations. And the end result of this may be continued abuse and even death at the hands of their abusers.

A civilized society should simply not allow members of their communities to be forced to remain in abusive situations.

Why this Legislation and Protection of Sanctuary Cities Is Important to Victims of Human Sex Trafficking

For transnational victims of sex traffickers (including those who were trafficked here against their own will), the threat of deportation and/or criminalization is used as a tool to keep them silent, subservient, and in bondage. Traffickers make every effort to discourage them from contacting law enforcement, who along with other first responders are among the people who are the first to come in contact with victims of trafficking, while they are still in captivity. Having this population live in fear of exposing their undocumented status simply helps to perpetuate human trafficking.

The following testimony and passage was included in the 2009 US Department of Health's Study of HHS Programs Serving Human Trafficking Victims:

"Fear of law enforcement and fear of retaliation. Next, respondents noted that fear is a significant deterrent to foreign-born victims coming forward and being identified, specifically fear of law enforcement and fear of retaliation from the trafficker. In most cases, it was reported that victims were taught to fear law enforcement, either as a result of experiences with corrupt governments and law enforcement in their countries of origin or as a result of the traffickers telling the victims that if they are caught, law enforcement will arrest them and deport them. The trafficker paints a picture of the victim as the criminal in the eyes of law enforcement. Additionally, the trafficker uses the threat of harm against the victim and/or his or her family as a means of control and a compelling reason for the victim to remain hidden. In some cases, these fears were in fact the ultimate reality for the victim. Service providers gave several examples of clients being placed into deportation hearings after coming forward to law enforcement."

So, why do we say "victims" of sex trafficking?

Well this has to do with various factors, including the fact that the domestic entry age is 12-14 years. When one is that young, surely they are unable to consent or engage in any decision-making regarding sexual activity. Further, no one is granted their freedom simply because they have had an 18th birthday. For this reason, victims can be held in captivity and exploited for many years, well into adulthood.

And each year involved in trafficking makes it more difficult to get out. These victims are dealing with stunted development, lack of education and job skills training, drug abuse and mental illness related to the complex trauma that they have endured, and threats of violence and death for even trying to escape. There is nothing sex positive about these circumstances, and those who are the most vulnerable are people of color, LGBTQ folks (especially transgender women who engage in survival sex), low-income individuals, and of course immigrants. The "Pretty Woman" fantasy does not apply here.

One has to keep in mind that, due to socio-cultural reasons and the effects of exploitation, victims of all forms of human trafficking do not readily identify as victims.

Traffickers use the following methods to recruit:

Traffickers and/or pimps rely on various methods of recruitment, and they include:

• Psychological manipulation - making a woman/girl fall in love

• Debt

• Drugs and drug addiction

• "Gorilla" Pimping - utilization of force, kidnapping, and physical harm to achieve a victim's submission

• Working with Those in Positions of Authority - parents, guardian, older siblings, foster parent, or an authoritarian figure who forces a victim into bondage.

The Trafficking Victims Protection Act (TVPA) of 2000 actually defines severe forms of trafficking in persons as that which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age; or the recruitment, harboring, transportation, provision or obtaining of a person for labor or services, through the use of force, fraud or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery (22 U.S.C. § 7102).

What Next?

Whether you are a resident of California or not, you should contact California legislators and encourage them to support this Bill.

A list of California legislators can be found here .

For more insights and tips, see the guide H ow To Lobby The California State Legislature: A Guide To Participation .

"How Much Do You Cost?": A Story of Sexual Neo-Colonialism

By Sonasha Braxton

I'll start at the beginning. Here is who I am…I am an African-American woman. I am 32 years old. I was born in the United States. My parents are from the United States. My parents' parents are from the United States and so on. Many of my ancestors were already here…Some of my ancestors were brought here in chains, and sold on auction blocks. I consider myself African by nature, American by nurture.

Once upon a time when I was 21 years old, I was a student at United States International University in Nairobi, Kenya. It was my first time in Africa. I had been there about for about two months, when I was out at a bar with my friends, very close to the campus. My friends and I were all college students, and dressed accordingly so. I walked myself to the bar and took 200ksh out of my pocket to buy my myself a beer. Someone tapped me on the shoulder. I turned around. It was a Caucasian male in his late 40s with scraggly hair. This man was slightly out of place in a college bar, but not an unfamiliar sight in the Nairobi nightlife. The music was blaring. I couldn't hear him well, but he seemed to be pointing to another corner of the bar and making motions towards the beer I had already ordered. I side-eyed him and shook my head. Whatever it was I wasn't interested. I had what I came for. He tapped me on the shoulder again and motioned for me to bring my ear closer to his lips so he could tell me something without yelling. I sighed and conceded, bending down slightly. "My friend would like to buy you a drink," he said. I, beer already in hand, raised my beer and pointed to it. "I'm okay! I just bought myself a drink, but thanks!" I sashayed away back to my friends, and started dancing.

Scene 2. I was thirsty again. I walked back to the bar. The same 40-something white man with the scraggly hair was there. This time he stood up directly in front of the space I thought I would be able to squeeze into the bar. "My friend wants to buy you a drink! He wants to meet you!" he yelled, again pointing over to some dark corner. At this point somewhat curious, and one Tusker in, I replied "why can't your friend talk to me himself?". "He's shy," he responded. Amused that we had reverted to middle school interactions, and half expecting him to deliver a paper which said "will you go out with me" with "yes", "no" and "maybe" as boxes to check, I became curious. I thought, maybe his friend is a cute 20-something Kenyan banker, a gorgeous 30-year old Ugandan lawyer… I thought, who knows. "He's right over here" he insisted. I said "ok" and followed him just a few steps away from the bar, to a high top in the corner. The friend was an unattractive 50-something Caucasian- American. He greeted me, shook my hand, asked my name, and where I was from. I answered, recoiled my hand, said "nice to meet you, but I'm going to go back to my friends". He motioned for me to join them. I shook my head and hustled back to the table where my friends were.

Scene 3. Last drink. Same man. Same spot. Same question. Same refusal. Followed by the question, the first of many of the same design, with different accents, languages and configurations, that I would hear often while living in Kenya, "my friend wants to know how much". I said, "how much what?", totally confused. "My friend wants to know how much it would cost for him to sleep with you?". What happened next, is somewhat of a blur. I know that a fury engulfed me. I remember walking outside. I felt like I was suffocating. I remember coming back. I remember using a lot of expletives. But what I will never forget is how the situation was resolved. I was asked to leave the club… I was told I was making too much noise. I was disturbing business. This was not the last time something like this would transpire. It would go on to happen in Djibouti, and in Ethiopia, and in Ivory Coast. I Black woman, minding my own business, sexually propositioned by he, White man with a few dollars in his pocket, was at fault for disrupting a totally unacceptable and disrespectful attempted "transaction".

Since this first occurrence back in my 20s, I have learned to contain myself somewhat better, to learn to listen for the response to the question I now pose genuinely curious, "what makes you think you can buy me?". I have heard everything from "oh I'm sorry…I thought you were from (insert country here)" to "everything can be bought"; everything equally as insulting. All that these answers have amounted to is this, "as a Black woman, your body is a commodity, that I as a White man, have the right to purchase it/you". While this is a personal narrative, I do not share this burden alone. It becomes important as it makes the case of what I will call "sexual neo-colonialism", a legacy of the exploitation of the bodies of women of color. If we understand neo-colonialism, as the last stage of imperialism, as did Kwame Nkrumah, as its most dangerous stage; as a stage in which sovereignty is only a façade and that power is used for "exploitation rather than development", than we must too understand neo-colonialism as the most dangerous stage not just for the "developing state" but for its people, particularly its women. The African female whether in diaspora or continental stands to lose her sovereignty, and too be exploited, rather than space intentionally made for her to develop herself the way she sees fit.

Colonialism left in its wake the destruction of pre-colonial political, social and economic systems in which women ranked highly, and replaced them first with "native authorities" exclusive of women followed by clientele-patronage systems, which too excluded women. Women often lost tremendous power during the colonial period as well as economic autonomy. This resulted from women's exclusion from the global marketplace and new reliance of women's unpaid labor. Customary laws developed under colonialism and inherited from Europe, disadvantaged women favoring men. They accorded particular rights to men, such as the right to testify in trials, that were closed to women. Women were removed from power as heads of associations often with the final say over market or agricultural disputes, and replaced with men[1]. Simply colonial rule restructured family, sex, gender and sexuality by creating legal mechanisms to control women's positions in society, positions in their families, and expressions of their sexuality, for the sake of White Western capital.

The trickle-down effect of the disempowerment of the African woman has also emboldened the White hetero male to assume his place in the hierarchy of African affairs is one of superiority, and one in which any Black woman continues to be for sale. This is further reinforced often by the colonial mentality, the internalized colonialism of many members of African society, which favors and in fact protects unfettered white male hetero sexuality and promotes its unbridled exploits. It is this internalized colonialism, in actuality, the reaction of those around her, that asks the Black woman either to suppress her reaction to verbal sexual violence totally, or to react within the confines of what white hetero-males have sanctioned as polite gender normativity; to smile and say "no thank you", to gently brush away prodding hands, to repeat "no" quietly, avert our eyes, and meekly insist that we decline such advances. This internalized colonialism of its witnesses says she is "overreacting", when she yells, pushes away, tells, or even says no firmly. It says that "well, most other women would have said yes".

Someone will say that this will stop when African women stop having relationships with such men. Someone will say that when these women, who may find poverty less miserable than sex with the occasional dream peddling foreigner, simply say no, then all African women will stop being objectified. To which I would respond that until the system that has systematically underdeveloped not only Africa but the entire Global South, a system which has destroyed indigenous spirituality and replaced it with a White savior both hanging in the homes of its believers and walking the streets as sex tourists, is dismantled, then Black women, Brown Women, all women of color, will continue to be harmed by it.

This returns me to my story. The man in question was an American. There was no question of impoverished conditions. I clearly stated that I too was American, but this did not prevent the proposition, nor has it on multiple occasions. I, due to the intersectionality of my race and gender, was considered a commodity, buyable, and expendable. I am not the only woman of color who has had such an experience. I often exchange stories with my expat women of color friends, who have often witnessed and experienced the same. The globally internalized white hetero male superiority complex and systemic inherited exploitative North-South relations that support the continued effort to colonize, conquer and commodify the woman of color's body, as an economic enterprise, must necessarily change, and sexual neo-colonialism, must be destroyed and at last put to rest….

So I will finish at the beginning. I am an African-American woman. I am 32 years old. I was born in the United States. My parents are from the United States. My parents' parents are from the United States and so on. Many of my ancestors were already here. Some of my ancestors were brought here in chains, and sold on auction blocks. But, "How much do I cost?"…I am priceless. We are priceless. Not even on the auction block were my ancestors' souls for sale.