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    Higher Education Webinar: Affirmative Action
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    Mike Hoa Nguyen, assistant professor of education, faculty affiliate at the Institute for Human Development and Social Change, and faculty affiliate at the Metropolitan Center for Research on Equity and the Transformation of Schools at New York University, leads the conversation on affirmative action. FASKIANOS: Thank you. Welcome to CFR’s Higher Education Webinar. I’m Irina Faskianos, Vice President of the National Program and Outreach at CFR. Today’s discussion is on the record, and the video and transcript will be available on our website, CFR.org/academic. As always, CFR takes no institutional positions on matters of policy. We are delighted to have Mike Hoa Nguyen with us to discuss affirmative action. Dr. Nguyen is assistant professor of education at New York University’s Steinhardt School of Culture, Education, and Human Development. He’s also a faculty affiliate at NYU’s Metropolitan Center for Research on Equity and the Transformation of Schools and a faculty affiliate at NYU’s Institute for Human Development and Social Change. Additionally, Dr. Nguyen is a principal investigator of the Minority Serving Institutions Data Project. And prior to coming to NYU he was at the University of Denver. He has extensive professional experience in the federal government and has managed multiple complex, long-term intergovernmental projects and initiatives, focusing on postsecondary education and the judiciary and has published his work widely, including in Educational Researcher, The Journal of Higher Education, and The Review of Higher Education. So Mike, thanks very much for being with us today to talk about affirmative action. Could you give us an overview of where we are, the history of affirmative action, where we are now, and examples of criteria that are used by different institutions? NGUYEN: Well, hello. And thank you so much, Irina. And also thank you to the Council on Foreign Relations for having me here today. It’s a real honor. And thank you to many of you who are joining us today out of your busy schedules. I’m sure that many of you have been following the news for Harvard and UNC. And, of course, those cases were just heard at the Supreme Court about a month ago, on Halloween. And so today thank you for those questions. I’d love to be able to spend a little bit of time talking about the history of sort of what led us to this point. I also recognize that many joining us are also experts on this topic. So I really look forward to the conversation after my initial remarks. And so affirmative action, I think, as Philip Rubio has written, comes from centuries-old English legal concept of equity, right, or the administration of justice according to what is fair in a particular situation, as opposed to rigidly following a set of rules. It’s defined by the U.S. Civil Rights Commission in 1977 as a term that is a broad—a term, in a broad sense, that encompasses any measure beyond a simple termination of discriminatory practice adopted to correct for past or present discrimination or to prevent discrimination from recurring in the future. Academics have defined affirmative action simply as something more than passive nondiscrimination, right. It means various organizations must act positively, affirmatively, and aggressively to remove all barriers, however informal or subtle, that prevent access by minorities and women to their rightful places in the employment and educational institutions of the United States. And certainly one of the earliest appearances of this term, affirmative action, in government documents came when President Kennedy, in his 1961 executive order, where he wrote that the mandate stated that government contractors, specifically those that were receiving federal dollars to, quote, take affirmative action to ensure that applicants are employed and employees are treated during employment without regard of their race, creed, color, or national origin. Certainly President Kennedy created a committee on equal employment opportunity to make recommendations for this. And then later on President Johnson later expressed—I’m sorry—expanded on President Kennedy’s approach to take a sort of more active antiracist posture, which he signaled in a commencement speech at Howard University. In the decades following, of course, political-legal attacks have rolled back on how affirmative action can be implemented and for what purposes. So in admissions practices at U.S. colleges and universities today, really they can only consider race as one of many factors through a holistic process or holistic practices if so-called race-neutral approaches to admissions policies have fallen short in allowing for a campus to enroll a racially diverse class in order to achieve or reap the benefits of diversity, the educational benefits of diversity. Federal case law established by the courts have affirmed and reaffirmed that colleges may only consider race as one of many factors for the purposes of obtaining the educational benefits in diversity. So starting with the Bakke decision in the late 1970s, the Court limited the consideration of race in admissions and replaced the rationale for the use of race, specifically the rationale which was addressing historic and ongoing racism or systemic and racial oppression, instead in favor of the diversity rationale. So, in other words, if a college or university wishes to use race in their admissions, they can only do so with the intention of enhancing the educational benefits of all students. It may not legally use race as a part of their admissions process for the purpose of acknowledging historical or contemporary racism as barriers to equity in college access. If we fast-forward to something more recent, the two cases out of Michigan, the Grutter and Gratz case, what we saw there were really—significant part of the discussions of these two cases were really informed and conversations really about the educational benefits of diversity. That was really a key aspect of those cases. Lawsuits challenging the use of race in college admissions after those two cases now can sort of be traced to Edward Blum, a conservative activist, and his organization, Students for Fair Admission, or SFFA. So Blum has really dedicated his life to establishing what he calls a colorblind American society by filing lawsuits with the goal of dismantling laws and policies seeking to advance racial justice. This includes redistricting, voting rights, and, of course, affirmative action. So in 2000—in the 2000s, he recruited Abigail Fisher to challenge the University of Texas in their admissions program. The Court, the Supreme Court, ultimately ruled in favor of Texas in the second Fisher case—Fisher II, as we call it. And so that’s actually where we saw Ed Blum alter his tactics. In this case he established SFFA, where he then purposefully recruited Asian Americans as plaintiffs in order to sue Harvard and UNC. So the cases now at Harvard—are now certainly at the Supreme Court. But one sort of less-known case that hasn’t got a whole lot of attention, actually, was—that was sort of on the parallel track, actually originated from the U.S. Department of Justice more recently, during the Trump administration, which launched an investigation into Yale’s admissions practices, which also focus on Asian Americans. And this was around 2018, so not too long ago. And certainly Asian Americans have been engaged in affirmative action debate since the 1970s. But these lawsuits have really placed them front and center in sort of our national debate. And so I think it’s really important to also note that while empirical research demonstrates and shows that the majority of Asian Americans are actually in support of affirmative action, a very vocal minority of Asian Americans are certainly opposed to race-conscious admissions and are part of these lawsuit efforts. But interestingly enough, they’ve received a large and disproportionate share of media attention and sort of—I stress this only because I think popular press and media have done a not-so-great job at reporting on this. And their framing, I think, sometimes relies on old stereotypes, harmful stereotypes, about Asian Americans, and written in a way that starts with an assumption that all Asian Americans are opposed to affirmative action when, again, empirical research and national polls show that that’s certainly not the case, right, and much more complex than that. But anyway, so back to what I was saying earlier, in sort of the waning months of the Trump administration the Department of Justice used those investigations into Yale to file a lawsuit charging that Yale in its admissions practices discriminates against Asian Americans. This lawsuit, the DOJ lawsuit, was dropped in February of 2021 when President Biden took office. So in response to that, SFFA submitted its own lawsuit to Yale based upon similar lines of reasoning. So I think what’s—why bring this up? One, because it doesn’t get a lot of attention. But two, I think it’s a really interesting and curious example. So in the Yale case, as well as in the previous DOJ complaint, Ed Blum notes specifically that they exclude Cambodian Americans, Hmong Americans, Laotian Americans, and Vietnamese Americans from the lawsuit, and thus from his definition of what and who counts as Asian American. I think this intentional exclusion of specific Southeast Asian American groups in Yale, but including them in Harvard, is a really interesting and curious note. I’ve written in the past that, sort of at the practical level, it’s a bit—it’s not a bit—it’s a lot misleading. It’s manipulative and advances a bit of a false narrative about Asian Americans. And I think it engages in what we call sort of a racial project to overtly reclassify the Asian American racial category, relying again on old stereotypes about Asian American academic achievement. But it also sort of counters state-based racial and ethnic classifications used by the Census Bureau, used by the Department of Education, used by OMB, right. It does not consider how Southeast Asian Americans have been and are racialized, as well as how they’ve built pan-ethnic Asian American coalitions along within and with other Asian American subgroups. So the implications of this sort of intentional racialized action, I think, are threefold. First, this process, sort of trying to redefine who is Asian American and who isn’t, demonstrates that SFFA cannot effectively argue that race-conscious admissions harms Asian Americans. They wouldn’t be excluded if that was the case. Second, it illustrates that Ed Blum and his crusade for sort of race—not using race in college admissions is actually really not focused on advancing justice for Asian Americans, as he claims. And then finally, I think that this maneuver, if realized, will really disenfranchise educational access and opportunity for many Asian Americans, including Southeast Asian Americans and other communities of color. Of course, this case hasn’t received a lot of attention, given that we just heard from Harvard and UNC at the Supreme Court about a month ago. But I think it provides some really important considerations regarding the upcoming Supreme Court decision. Nonetheless the decision for Harvard and UNC, we’re all sort of on pins and needles until we hear about it in spring and summer. And I was there in Washington for it, and so what I’d actually like to do is actually share some interesting notes and items that sort of struck out to me during the oral arguments. So I think in both cases we heard the justices ask many questions regarding the twenty-five-year sunset of using race in college admissions, right, something that Justice O’Connor wrote in the Michigan case. I think the solicitor general, Solicitor General Prelogar’s response at the conclusion of the case was really insightful. She said—and I’m sort of paraphrasing here about why we—in addressing some of the questions about that twenty-five-year sunset, she basically said that society hasn’t made enough progress yet. The arc of progress is slower than what the Grutter court had imagined. And so we just suddenly don’t hit 2028—that’s twenty-five years from the decision—and then, snap, race is not used in college admissions anymore. There was also a lot of discussion regarding proxy approaches to so-called race-neutral admissions, right, yet still being able to maintain some or similar levels of racial diversity. I think what we know from a lot of empirical research out there is that there’s really no good proxy variables for race. Certainly Texas has its 10 percent plan, which really only works to a certain extent and does not actually work well for, say, private schools that draw students from across all fifty states and the territories in the Caribbean and the Pacific. And again, as the solicitor general stated, it doesn’t work well for the service academies either, for really similar reasons. I do think the line of questioning from the chief justice again related to what sounded like a carveout exemption for our U.S. military schools, our service academies. What’s really interesting, and might be of actually specific interest for the CFR community, of course, our service academies practice affirmative action and are in support of it. And this was also argued in an amicus brief written by retired generals and admirals. And they argued that race-conscious admissions is necessary to build a diverse officer corps at both the service academies as well as ROTC programs at various universities across the country, which, in their words, they say builds a more cohesive, collaborative, and effective fighting unit, especially, quote, given recent international conflicts and humanitarian crises which require our military to perform civil functions and call for heightened cultural awareness and sensitivity in religious issues. And so, to a certain extent, I think that same line of logic can also be extended to, for example, our diplomatic corps, and certainly many corporations. We also saw briefs from the field of medicine, from science and research, have all written in support of race-conscious admissions, along the same sort of pipeline issues as their companies and organizations. And they argue that their work benefits from a highly educated, diverse workforce. But what was interesting, was that there wasn’t much discussion about Asian Americans. It was only brought up sort of a handful of times, despite the fact that certainly that’s sort of the origin story of the sets of lawsuits. And perhaps—to me perhaps this is simply an indication that the case was really never about Asian Americans from the beginning. And certainly the finding from the district court shows that Asian Americans are not discriminated in this process at Harvard. And so we will all sort of see how the Court rules next year, if they uphold precedent or not, and if they do not, how narrow or how broad they will go. Justice Barrett did have an interesting question in the UNC part of the case about affinity groups and affinity housing on campus. So, for example, my undergraduate alma mater, UC Berkeley, has this for several groups. They have affinity housing for Asian Americans, African Americans, Native Americans, women in STEM, the LGBTQ+ community, Latinx students, among many, many others, actually. So I think a possible area of concern is if they go broad, will we see a ban on these types of race-based practices on campus? Would that impact sort of thinking about recruitment efforts? So these so-called race-neutral approaches, sort of recruitment and outreach services for particular communities. Or would that impact something like HBCUs and tribal colleges, HSIs and AANAPISIs, or other MSIs? How does that all fit in, right? I think that line of questioning sort of sparked a bit of concern from folks and my colleagues. But I think, though, in conversation, we don’t think the Court has really any appetite to go that far. And I’m certainly inclined to agree. But end of the day, that line of questioning was rather curious. And so, with that, I thank you for letting me share some of my thinking and about what’s going on. And I would really love to be able to engage in conversation with all of you. FASKIANOS: Wonderful. Thank you so much. And we’d love to hear now from you all questions and comments, and if you could share how things are happening on your campuses. Please raise—click on the raised-hand icon on your screen to ask a question. If you’re on an iPad or tablet, you can click the More button to access the raised-hand feature. I’ll call on you, and then accept the unmute prompt, state your name and affiliation, followed by your question. You can also submit a written question in the Q&A box or vote for questions that have been written there. And if you do write your question, it would be great if you could write who you are. I’m going to go first to a raised hand, Morton Holbrook. And there you go. Q: I’m there, yeah. Morton Holbrook from Kentucky Wesleyan College in Kentucky. Thanks, Professor Nguyen. Sort of a two-part question here. One is, how do you reconcile apparent public support for affirmative action with the number of states, I think ten or twelve states, that have banned affirmative action? Are their legislators just out of touch with their people, or what? And the second part is, a recent article in the Washington Post about UC Berkeley’s experience, where the number of African American students simply plummeted down to about 3 percent, and at the same time that campus is still very diverse in other respects. Have you made a study of all the states that have banned affirmative action? Have they all had that same result with regard to African Americans? Or where does that stand? Thank you. NGUYEN: Thank you. Thank you for the really excellent question. I think it’s about—I think you’re right—around nine, ten or so states that have banned affirmative action. You know, I’ll be completely honest with you. I’m really just familiar with the bans that were instituted both in California and in Michigan, and those were through state referendums, right, and not necessarily legislature. So in this case, this is the people voting for it. And so I think that’s a really tough nut to crack about how do you reconcile these bans at the state level versus sort of what we see at the national level. And so I think this is sort of the big challenge that advocates for racial equity are facing in places like California. They actually tried to repeal this in California recently, in the last decade. And again, that failed. And so I think part of the issue here is there’s a whole lot of misinformation out there. I think that’s one key issue. I sort of said in my opening remarks there that, at least in some of the popular media pieces today about these cases, the way Asian Americans are sort of understood and written about is really not aligned with a lot of the rich empirical research out there that shows quite the contrary, as well as sort of historical research that shows quite the contrary. And so I think there’s a lot of public opinion being formulated as well as, again, just sort of misinformation about the topic that might be leading folks to think one way or another. To your second question about UC Berkeley, my alma mater, you’re right. After that Prop 209 ban, you saw a huge decline in undergraduate enrollment, specifically of African American students. And so Berkeley has been trying every which way to figure out a race—a so-called race-neutral approach in order to increase those numbers. And I think they are trying to—they are really trying to figure it out. And I think that’s why UC Berkeley, UCLA, other institutions submitted amicus briefs in support of Harvard, in support of UNC, because they know that there are not a lot—when you can’t use race, that’s a result that you end up with. And that’s because there are just not good proxy variables for race. SES or economic status is often talked about a lot. That again isn’t a good variable. Geography can—to a certain extent can be used. All these can sort of certainly be used in some combination. But again, they do not serve well as proxy variables. And I think that’s why we see those numbers at Berkeley. And I think that’s why Berkeley was so invested in this case and why all those campus leaders submitted amicus briefs in support of Harvard and UNC. FASKIANOS: Thank you. I’m going to take the next written question or first written question from Darko Spasevski, who’s at the University of Skopje, North Macedonia: Do you think that in order to have successful affirmative actions in the higher education this process should be followed by affirmative actions in the workplace? Are the benefits—if the affirmative actions are only promoted at the level of higher education but are not at the same time continuing at the workplace? I guess it would be the opposite. Is it—you know, basically, should affirmative action be promoted in the workplace as well— NGUYEN: Yeah, I think— FASKIANOS: —once you get past the higher education? NGUYEN: Got it. Yeah, I think I understand that question. Actually, this was something that came up during this recent Supreme Court case. Again, the solicitor general was talking about specifically the briefs from the retired generals and admirals, as well as from various executives and corporations, talking about how affirmative action is so important at the university level because then it helps build a pipeline to recruit folks to work at those organizations or serve in the military, as well as that it trains all students, right, and lets them access and achieve the benefits of diversity and use that in their future employment, which research from areas of management show that that increases work productivity. It increases their bottom line, et cetera, et cetera. And so actually, in that argument, the—I think it was Justice Alito that asked, are you now arguing for this in the private sector, in corporations? And the solicitor general quickly said no, no. The context of this lawsuit is specifically or the position of the United States is specifically just focused here on higher education. And I think that certainly is relevant for this conversation today, as well as sort of my own area of expertise. But I think my colleagues in the areas of management and a lot of that work shows, I think, similar types of results that, when you have diverse workforces, when you have folks who can reap the benefits of diversity interactions, interracial interactions, then there are certainly a lot of benefits that come from that, in addition to creativity, work efficiency, so many things. And so, again, I’m not here to sort of put a position down regarding affirmative action in professional settings, only because that’s not my area of expertise. But certainly other areas of research have pointed in similar directions as what’s sort of shown in the higher-education literature. FASKIANOS: (Off mic) Renteln? And let’s see if you can unmute yourself. If you click on the unmute prompt, you should be able to ask your question. Not working? Maybe not. OK, so I will read it. So— Q: Is it working now? FASKIANOS: It is, Alison. Go ahead. Q: Thank you. I’m sorry. It’s just usually it shows me when I’m teaching. Thank you for a really interesting, incisive analysis; really enjoyed it. I wanted to ask about whether it’s realistic to be able to implement policies that are, quote, race-neutral, unquote, given that people’s surnames convey sometimes identities, ethnic and religious identities, and also activities that people participated in in professional associations. And when people have references or letters of recommendation, information about background comes out. So I’m wondering if you think that this debate really reflects a kind of polarization, a kind of symbolitics, and whether, while some worry about the consequences of the Supreme Court’s decisions, this is really something that’s more symbolic than something that could actually be implemented if the universities continue to be committed to affirmative action. NGUYEN: Really great question. Thank you so much for asking it. This was actually a big chunk of the conversation during oral arguments for both at UNC and both at Harvard, right. The justices were asking, so how do you—if you don’t—and this was sort of the whole part about when they were talking about checking the box, checking sort of your racial category during the application process. And so they asked, if you get rid of that, what happens when students write about their experiences in their personal statements or, as you said, recommenders in their letters in about that? And so this was where it got really, really—I think the lawyers had a really hard time disentangling it, because for people of color, certainly a lot of their experiences, their racialized experiences, are inextricably linked to their race and their identity. And so removing that is, at an operationalized level, pretty hard to do and pretty impossible, right. So they actually had some interesting examples, like one—and so they’re asking hypotheticals. Both lawyers—both the justices on all the various spectrum of the Court were asking sort of pointed questions. Where I think one justice asked, so can you talk about—can you talk about your family’s experiences, particularly if your ancestors were slaves in the United States? And so the lawyers—this is the lawyer for SFFA saying that would not—we cannot use that. They cannot be used in admissions, because that is linked to their race. But can you—so another justice asked, can you talk about if, you know, your family immigrated to the United States? Can you—how do you talk about that? Can you talk about that? And the lawyers said, well, that would be permissible then, because that doesn’t necessarily have to be tied to a racial group or a racial category. So again, it’s very—I think what they were trying to tease out was how do you—what do you actually—what would actually be the way to restrict that, right? And so I guess, depending on how the justices decide this case, my assumption is or my hope is, depending on whatever way they go, they’re going to—they will, one way or another, define or sort of place limits if they do end up removing the use of race. But I completely agree with you. Operationally, that’s not an easy thing to do, right? And when do you decide what fits and what doesn’t fit? And that will be the—that will be a big, big struggle I think universities will face if the courts ban the use of race in college admissions. FASKIANOS: Let me just add that Alison Dundes Renteln is a professor of political science at the University of Southern California. So I’m going to go to the next written question, from Clemente Abrokwaa at Penn State University: Do you think affirmative action should be redefined to reflect current social-demographic groups and needs? NGUYEN: Oh, that’s such a fun question, and particularly for someone who studies race and racial formation in the United States. And so I—you know, this is—this is an interesting one. I think—I think sort of the way we think about—at least folks in my profession think about race versus sort of the way—the way it’s currently accounted for in—by state-based classifications/definitions, those tend to be a little bit behind, right? That’s normal and natural. But I think what we’ve seen in the United States over time is race has—or, racial classifications and categories have changed over time and continue to evolve, right? The Census—the Census Bureau has an advisory group to help them think through this when they collect this data. And so—and so I’ll be honest with you, I don’t have a good answer for you, actually. But I think—I think that certainly, given the fact that racial categories do shift and change over time and the meaning ascribed to them, we certainly need to take a—if we continue using approaches for—race- or ethnic-based approaches in college admissions, that’s something that absolutely needs to be considered, right? But at the same time, it also means, as we think about sort of the future and what does that look like—and maybe, for example, here we’re talking about folks who are—who identify as mixed race. But at the same time, we need to look historically, too, right? So we don’t want to—the historical definitions and the way people would self-identify historically. And so I think—I think, certainly, the answer, then, would be—would be both, right? But what a fun question. Thanks for that question. FASKIANOS: I’m going to take the moderator prerogative here and ask you about: How does affirmative action in higher education in the United States relate to, you know, relations abroad? NGUYEN: Yeah. Well— FASKIANOS: Have you looked at that connection? NGUYEN: Sure. I think—I think that—I think that’s really, really interesting. So something that we wrote in our amicus brief particularly regarding—it was sort of in response to SFFA’s brief and their claim, which was about sort of why Asian Americans here were so exceptional in their—in their academic achievements. I think that’s a—tends to be a big stereotype, model minority stereotype. That is how Asian Americans are racialized. So one thing that we sort of wrote in our brief was this actually is really connected to a certain extent, right—for some Asian American groups in the United States, that’s linked to U.S. foreign policy and U.S. immigration policy about who from Asia is allowed to immigrate to the United States, what their sort of educational background and requirements are. And so I think when we think about the arguments being made in this lawsuit and the way Asian Americans are discussed, certainly one key aspect there is certainly connected to historic U.S. foreign policy, particularly around—as well as immigration policy, particularly around the 1965 Immigration Act. So certainly they are connected and they’re linked. And something that we—that I wish more people could—more people would read our brief, I guess, and get a good understanding of, sort of to add to the complexity of this lawsuit. FASKIANOS: Great. I’m going to go back to Morton Holbrook. Q: Yes. Still here at Kentucky Wesleyan College. Speaking of amicus briefs, what do you think of the Catholic college brief from Georgetown University? Here we have a Court that’s been very partial towards religious beliefs, and they’re arguing that their religious beliefs requires them to seek diversity in college admissions. How do you think they’ll fare in that argument? NGUYEN: Yeah. This was also brought up in—during oral arguments. I can’t remember if it was during the UNC part or the Harvard part. And I’ll be completely honest with you, I haven’t read that brief yet. There’s just so many and I wasn’t able to read them all. But this was a really interesting—really interesting point that was sort of raised in the courts. And I don’t—I don’t—I don’t have a good answer for you, to be completely honest. I’m not sure how they’re going to, particularly given that these—that this Court seems to be very much in favor of religious liberty, right, how they would account for that amicus brief from the Catholic institutions. And so that will be an interesting one to watch and to see—to see how it’s framed, and certainly it would be interesting if they played an outsized role in the justices’ decision-making here. But great question. Great point to raise and something I’ll add to my reading list for this weekend. FASKIANOS: So Alison Renteln came back with a question following on mine: Why are numerical quotas acceptable in other countries like India but not in the United States? NGUYEN: Yeah. Great, great question there. You know, also in other places like in Brazil. And so we, in fact, used to use numerical quotas before the Bakke decision. It was the Bakke decision, University of California v. Bakke, that eliminated the use of racial quotas, also eliminated the use of what I said earlier about sort of the rationales for why we can practice race-conscious admissions, which was it cannot be used to address historic racism or ongoing racism. In fact, the only rationale for why we can use affirmative action today as a—as a factor of many factors, is in order to—for universities to build campus environments—diverse campus environments of which there are benefits to diversity, the educational benefits of diversity that flows for all students. And so, yeah, it was the—it was the Supreme Court in the late 1970s that restricted the use of quotas among many other—many other rationales for the practice of race-conscious admissions. Thank you for that question. FASKIANOS: Great. And I’m going to go to next to raised hand from Emily Drew. Q: Great. Thank you. I’m listening in from Oregon, where I’m a sociologist. Thank you for all of these smart comments. My question is a little bit thinking out loud. What do you think about—it feels like there are some perils and dangers, but I’m hoping you’ll reframe that for me, of some racialized groups like indigenous people saying, well, we’re not a race anyway—we’re tribes, we’re nations—so that they’re not subject to the ban on race-conscious practices, which, it’s true, they’re a tribe. They’re also a racialized group. And so I’m struggling with groups kind of finding a political way around the ban or the potential ban that’s coming, but then where does that leave us in terms of, you know, each group, like, take care of your own kind of thing? Can you just react a little bit to that? NGUYEN: Yeah. Thanks for that really wonderful question. Fascinating point about, yeah, the way to say: We’re not a racial group. We’re sovereign nations or sovereign tribes. I think what we’re going to see, depending on how the courts go, are folks trying—schools potentially trying a whole host of different approaches to increase diversity on their campuses if they’re not allowed to use some of these racial categories like they’ve been doing already, in a holistic approach. And so, yeah, that might be a fascinating way for indigenous communities to advance forward. I will say, though, there was one point, again, in the—during oral arguments where they started talking about sort of generational connections to racial categories. And so they’re saying if it’s my grandparents’ grandparents’ grandparents, right, so sort of talking almost about, like—at least the way I interpreted it, as sort of thinking about connecting one to a race via blood quantum. And so when does that—when does that expire, right? And so is it—is it—if you’re one-sixteenth Native American, is that—does that count? So there was a short line of questioning about that, and I think the—I think the lawyer tried to draw a line in the sand about, like, at what point do you not go—what point does it count and when does it not count. And I think that’s actually a bit of a misstep, primarily because that should be determined by the sovereign nation, by the tribe, about who gets to identify as that—as a member of that nation or that tribe and how they—I think—you know, I think, talking to indigenous scholars, they would say it’s about how you engage in and how you live in it, rather than—rather than if it’s just a percentage. So, again, those will be the tensions, I think, that will—that already exist, I should say, regardless of the Court decision. But a fascinating point about states sort of exercising indigenous law there to see if that would be a way to counter that. Certainly, I should—I should have said at the top of this I’m not trained as a lawyer. And so I have no idea how that would be sort of litigated out, but certainly I imagine all different entities will find ways to move through this without—in various legal fashions. And I was talking to a colleague earlier today about this and he said something about at the end of the day this might be something that, if Congress decided to take up, they may—this would be an opportunity for Congress to take up, to maybe develop a narrow path for institutions. But certainly it’s—the courts seem to be the favored way for us to talk about affirmative action. FASKIANOS: There’s a written question from John Francis, who is a research professor of political science at the University of Utah: If the Court were to strike down affirmative action, would state universities give much more attention to geographic recruitment within their respective states and encourage private foundations to raise scholarship funds to support students of color who live in those areas? NGUYEN: Great, great question there. And I think that would be one of many things that universities are doing. We’re seeing schools where the states have banned affirmative action do things like this, in Michigan and certainly in California. But to a certain extent, it actually doesn’t work—I guess in California’s context—that well. I think, if I’m not mistaken, the head of admissions for UC Berkeley said in one of many panels—he’s wonderful, by the way—on one of many panels, like, that doesn’t work very well in the California context because only so many schools have sort of that large concentration of African American students and for them to sort of go there and recruit out of that. So it’s not a—the sort of geographic distribution is not so easy and clean cut as—I think as one would normally perceive. And so it actually develops a big, big challenge for state institutions, particularly state flagship institutions, in particular geographic contexts. Now, I don’t know if that’s the case, say, in other parts of the country. But certainly within the UC system, that seems to be a prevailing argument. And I think more than ever now, everyone has been looking to the UC system for insight on what they—on how to approach this if the courts decide next year to ban the use of race. I should also admit that—or, not admit, but proudly declare that I’m a product of the UC system. All of my postsecondary education is from those schools. And so I know that this has been a constant and ongoing conversation within the UC system, and I imagine that will be the case for schools both public and private across the country. But I think part of that calculation then requires institutions to think about not just from private donors, but really from state legislatures as well as the institutions themselves have to really think about how they want to dedicate resources to achieving diversity if they don’t—if they’re unable to use race. I think a tremendous amount of resources. So, to a certain extent, it’s going to make institutions put their money where their mouth is. And so we’ll see if that—this will all be interesting areas to investigate, depending on how the courts decide come next year. FASKIANOS: There’s a raised hand or there was a raised hand from Jeff Goldsmith. I don’t know if you still have a question. Q: Yeah. So I’ve been trying to figure out exactly how I might want to pose this question, but I was struck by—sorry, this is Jeff Goldsmith from Columbia University. I was struck by the line of questioning that you mentioned from Justice Barrett about affinity housing and your thoughts about how narrow or far-reaching a decision striking down affirmative action might be. And I guess it seems like there is the potential for at least some gray area. And you know, we run things like summer research programs that are intended to bolster diversity. There are in some cases—you just sort of mentioned the scholarship opportunities focused on increasing the number of students from underrepresented backgrounds. And I guess I’m just sort of curious if you have any speculation about how narrow or far-reaching a decision might be. NGUYEN: Thanks for that question. Yeah. So I think this was—we—prior to the—to oral arguments, people had sort of talked about this a little bit. Would this be consequential? And I—in fact, the day before—the day before oral arguments, I was on a different panel and I sort of brought this up. And actually, a federal judge in the audience came up to me afterwards and said, you know, I don’t think the Court’s got a lot of appetite for that. And I said, hey, I completely agree with you, but certainly, you know, we’ve—in recent times we’ve seen the Court do more interesting things, I guess, if you’ll—if I can use a euphemism. And so—and so, it almost feels like everything’s on the table, right? But I think, generally speaking, I’m inclined to agree that if the courts strike down race-conscious admissions, they will do it in a very narrow and highly-tailored way. That was my feeling going in. That was my feeling on October 30, right? Then, on Halloween—October 31—while listening to the—to the oral arguments, you had that very short exchange between Justice Barrett, specifically during the UNC case, ask about affinity groups and affinity housing, and it felt like it sort of came out of left field. And not—and so I think that raised some curiosity for all of us about what—about why that was a line of questioning. But nonetheless, I think at least my—I’ve never been a gambling person, but if I were I would say that if they do strike it down that I think the justices wholesale don’t—I don’t think they would have a large appetite to do something so broad and sweeping like that. At least that’s my hope, if that’s the direction we’re moving in. But I guess that’s why I said earlier that we’re sort of all on pins and needles about that. And if that is struck down, then I think that’s got a lot of consequences for scholarships, recruitment programs, summer bridge programs, potentially minority-serving institutions, and all of the above. So, yeah, I—again, it seems like that’s a big reshaping of postsecondary education, not just in admissions but sort of the way they operate overall. And I don’t know if that would happen so quickly overnight like that. But that, at least, is my hope. FASKIANOS: (Off mic.) There you go. Q: (Laughs.) Thank you so much for your talk. Clemente Abrokwaa from Penn State University. And my question is, right now there is a push for diversity, equity, and inclusion in many areas. How is that different from affirmative action? NGUYEN: Well, great question. And actually, that’s a really difficult one for me to answer only because I think if we were to go and ask ten people on the street what did we mean by diversity, equity, and inclusion, everyone would give you sort of a very different and potentially narrow or a very broad definition of what it means, right? But I think with respect to affirmative action, particularly in a higher-education context, it is specifically about college admissions, specifically about admissions and how do you review college admissions. And in this case here, there is a very narrow way in which it can—it can be used for race—in this case for race, that it’s got to be narrowly tailored, that it can only be a factor among a factor in a broad holistic approach, that you can’t use quotas, that it can’t be based on rectifying previous or historical racism, and that the only utility for it is that it is used to create learning environments where there are educational benefits that flow from diversity and the interactions of diversity. Versus, I think, broader conversations about DEI, while of course centered on admissions, right, which is sort of one of many dimensions in which you achieve DEI, right? We like to think that—and I’m going to be sort of citing a scholar, Sylvia Hurtado, out of UCLA, who argues that, admissions help contribute to one dimension, which is the composition of a university, the sort of just overall demographics and numbers of that university. But there are many other dimensions that are important in order to create learning environments in which we can achieve DEI-related issues. That means that we have to look at the institution and the way it’s acted historically and contemporarily. We have to look at behavioral interactions between people on a university. There are psychological dimensions, among many others. And so that’s how I think about it. I think that’s how at least my area of scholarship and in our academic discipline we think about it and for folks who study education think about it. And so hopefully that answers your question. And, yeah, hopefully that answers your question. FASKIANOS: I’m going to take the next question from Alison Renteln: What policies appear to be the best practices to increase diversity at universities, including disability? And what are the best practices from other countries? NGUYEN: Oh, wow, that’s a really good question. So we—you know, I think—I think a lot of other countries use quotas. Brazil might be sort of the example that most folks think about when they think about the way affirmative action’s practiced abroad. And certainly that’s not something that we can do here in the United States. So that’s—that—really, really important consideration. Sort of other practices that I think that are—that are not sort of the ones that are narrowly tailored by the courts are what I said earlier about sort of what the UC system has to really do and has to really grapple with, right, are using every sort of—everything that they can think of under the sun to go out and try to do outreach and recruit and build those pipelines throughout the entire education system. There’s been some work by some wonderful folks in our field—Dominique Baker, Mike Bastedo—who looked at even sort of just a random sampling, if you were able to do a lottery system, and that has actually found that that doesn’t actually increase diversity either, and so—racial diversity either. And so I think that’s—so, again, this all points to how crucial affirmative action is in being able to use race in order to achieve compositional diversity on a college campus, and that other proxy variables just don’t even come close to being able to help estimate that. And so, yeah, that’s—I should also note that really, we’re only talking about a dozen or so schools. Oh, I’m sorry, more than a dozen, but a handful of schools that this is really a big issue for. Most schools in the United States don’t necessarily—are not at this level of selectivity where it becomes a big issue of concern for the national public. Nearly half of all of our college-going students are at community college, which tend to be open-access institutions. And so something also to keep in mind when we talk about affirmative action. FASKIANOS: Thanks. We only have a few minutes left. Can you talk a little bit more about the work of NYU’s Metropolitan Center for Research on Equity and the Transformation of Schools? NGUYEN: Yeah. So I’m a faculty affiliate there, and maybe I’ll preface by saying I’m new to NYU. I just came here from the University of Denver, and so I’m still learning about every wonderful thing that Metro Center is doing. It’s led by a wonderful faculty member here named Fabienne Doucet and really focused on sort of a handful of pillars—certainly research on education, but also a real big tie for communities. So real direct engagement with schools, school systems in order to advance justice in those schools. And so they have a lot of contracts with school districts and public entities, as well as nonprofit groups that come in and work as an incubator there on a host of issues. And so I think the work there is really exciting and really interesting. It tends to be—and I should say also very expansive. So the whole sort of K-12 system, as well as postsecondary. And I think that’s the role that I’m looking to play there, is to help contribute to and expand their work in the postsecondary education space. FASKIANOS: Great. And maybe a few words about your other—you have many, many hats. NGUYEN: Oh. (Laughs.) FASKIANOS: NYU’s Institute for Human Development and Social Change. NGUYEN: Yeah. They do some really wonderful, interesting work. And it’s really, actually, a center and a space for faculty to come in and run a lot of their research projects, including my own, which is the MSI Data Project, where we are looking at all the various different types of minority-serving institutions in the United States, how they change over time, and how the federal government thinks about them and accounts for them, as well as how do the schools themselves think about them, all with the goal here in order to work with students of colors and give them access and opportunity. I should say, depending on how you count them, MSIs enroll a huge and significant proportion of all students of color, almost half, in the country, despite making up such a small percentage, about 20 percent, of all college and universities. And so this is—certainly when we talk about affirmative action, we—I think a lot of folks center it around racial justice or social justice. I think sort of the other side of the same coin here are schools like minority-serving institutions which enroll and provide access to and graduate a really significant proportion and number of students of color and certainly an area that we need to bring a lot more attention to when we talk about issues of race and education. FASKIANOS: OK, I’m going to take one—try to sneak in one last question from John Francis, who’s raised his hand. You get the last one, John. Q: OK, can you hear me? FASKIANOS: We can. Q: Oh, that’s great. So my question is—has a certain irony to it, but there’s been a great deal of discussion of late that men are not succeeding in college, but that women are, and that certainly should be encouraged, but also there should be ways to find perhaps even changing when people start out in elementary school how that may be shifted to help men later on. And in this discussion, when we’re looking at that issue and it’s gaining some latitude, some strength, should we think about that as a possible consideration that universities should have greater latitude in making decisions to reflect the current set of demographic issues, be it race or gender or others? Has this argument come to play any kind of role? NGUYEN: Great question and a good last one, and if I can be completely honest, not an area that I’m—gender-based issues are not an area that I’ve done a whole lot of work in, if really any work, but I will attempt to answer your question as best as I can here, which is, I think—and sort of connected to sort of the larger conversation and question that we had that someone posed earlier about sort of the complexity and changing nature of racial and ethnic categories and what does that mean, and how do universities address that? And I think this is again where it requires universities to have some flexibility and nimbleness and autonomy to be able to address a lot of these issues, including what you’re talking about, John, depending on the context and the times in which we are in. You know, certainly one big area also connected to—for men in postsecondary education is sort of the huge gap we see for men of color from particular groups, and really we see foundations, we see the Obama administration really play—invest in this work. So, John, from what it sounds like, it sounds like I agree with you here about—that universities need flexibility and autonomy to be able to address these issues. Now, that may—at the same time, we don’t want to dismiss the fact that the experiences of women in postsecondary education—while certainly we see numbers increasing in enrollment in a lot of aspects, in certain disciplines we see a sharp decline; we see—in STEM and engineering fields, in the way those disciplines may be organized to sort of push out women. And so I think, again, this is why it requires some nimbleness and some autonomy from the universities to be able to design approaches to support students of different types of diversity on their campuses, in particular areas, disciplines, and majors. And so I think that’s the—I think that’s the challenge, is that we need to be a lot more intentional and think more precisely and run our analyses in ways that make sense for particular intersectional groups on campus and in the areas of which they’re studying. So yeah, I think that’s the—one of the big challenges that universities are facing today and certainly depending on how the courts rule, we’ll see if that ends up restricting autonomy and removing tools or allowing those tools to remain for various types of targeted interventions for various minoritized groups. FASKIANOS: Wonderful. Well, Mike Nguyen, thank you very much for this terrific hour and to all of you for your questions and comments. This is really insightful and we appreciate it. Welcome to New York, Mike, your first New York—holidays in New York. So we will be resuming the series in January and we will be sending out also the lineup for our winter/spring semester of the Academic Webinar series, which is really designed for students, later this month. We do wish you all luck with administering finals this week and grading them and all those papers; I don’t envy you all. We have different deadlines under—at the Council that we’re working on right now, so it will be a busy month, but we hope that everybody enjoys the holidays. We will resume in January, in the new year, and I encourage you all to follow us at @CFR_Academic on Twitter. Visit CFR.org, ForeignAffairs.com, and ThinkGlobalHealth.org for research and analysis on global issues. Again, thanks, Mike, for this, and to all of you. NGUYEN: Thank you so much for having me. Really an honor. FASKIANOS: Wonderful. Take care, everybody. (END)
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Travis Adkins is deputy assistant administrator in the Bureau of Africa at USAID, and lecturer of African and security studies at the Walsh School of Foreign Service, and in the Prisons and Justice Initiative at Georgetown University. As an international development leader, he has two decades of experience working in governance, civil society, and refugee and migration affairs in over fifty nations throughout Africa and the Middle East. Mr. Adkins was a CFR international affairs fellow and is a CFR member. Dr. Brenda Gayle Plummer is a professor of history at the University of Wisconsin-Madison. Her research includes race and gender, international relations, and civil rights. Dr. Plummer has taught Afro-American history throughout her twenty years of experience in higher education. Previously she taught at Fisk University, the University of California, Santa Barbara, and the University of Minnesota. And from 2001 to 2005, Dr. Plummer served on the Historical Advisory Committee of the U.S. Department of State. So, thank you both for being with us today. We appreciate you taking the time to share your thoughts with us. Travis, I thought we could begin with you to talk about the ways in which you’ve seen race relations in America influence U.S. foreign policy. ADKINS: Sure. Thank you so much, Irina. And welcome to everyone. Thank you for joining. The first thing I would say is that America’s long history of violence, exclusion, and barbarism towards Black people and indigenous people and Asian communities and immigrant communities in the United States have worked to give the lie to the notion of who we say we are in terms of freedom, in terms of democracy, in terms of the respect for human rights. And these are the core messages that we seek to project in our foreign policy. And we’ve not been able to resolve those contradictions because we have refused to face this history, right? And we can’t countenance a historical narrative in which we are not the heroes, not the good guys, not on the right side of history. And the challenge that we’ve had is that we’ve seen that play out in so many ugly ways domestically. But it also has resonance and relevance in our foreign policy, because what it ends up doing is essentially producing a foreign policy of platitudes and contradictory posturing on the issues of human rights, on the issues of racial justice, on the issues of democratic governance when the world can see not only this history but this present reality of racial discrimination, of police brutality, of efforts to suppress the political participation of specific groups of people inside of America. They can see children in cages at the Southern border. They can see anti-Asian hate taking place in our nation, and they can hear those messages resounding, sometimes from our White House, sometimes from our Senate, sometimes from our Congress and other halls of power throughout the United States. And that works against the message of who we say we are, which is really who we want to be. But the thing that we, I think, lose out on is pretending that where we want to be is actually where we are. And I think back a couple weeks ago Secretary Blinken came out saying to diplomats in the State Department that it was okay for them to admit America’s flaws and failings in their diplomatic engagements with other countries. But I would—I do applaud that. But I also think that saying that we would admit it to the rest of the world—the rest of the world already knows. And who we would have to need to focus on admitting it to is ourselves, because we have not faced this national shame of ours as it relates to the historical and the present reality of White supremacy, of racialized violence and hatred and exclusion in our immigration policy, in our education policy, in our law and customs and cultural mores that have helped to produce ongoing violence and hatred of this nature in which our history is steeped. I think the other part of that is that we lose the opportunity to then share that message with the rest of the world. And so, what I like to say is that our real history is better than the story that we tell. So instead of us framing ourselves and our foreign policy as a nation who fell from the heavens to the top of a mountain, it’s a more powerful story to say that we climbed up out of a valley and are still climbing up out of a valley of trying to create and produce and cultivate a multiracial, multiethnic democracy with respect for all, and that that is and has been a struggle. And I think that that message is much more powerful. And what it does is it creates healing for us at home, but it also begins to take away this kind of Achilles’ heel that many of our adversaries have used historically—the Soviet Union, now Russia, China, Iran—this notion that democracy and freedom and the moral posturing of America is all for naught if you just look at what they do at home. Who are they to preach to you about these things when they themselves have the same challenges? And so I think that we would strengthen ourselves if we could look at this in that way. And I would just close by saying that we often speak of the civil rights movement and the movement for decolonization in the world, and specifically in Africa where I mostly work, speak of them in the past tense. But I would argue that both of them are movements and histories that are continuously unfolding, that are not resolved, and that haven’t brought themselves to peaceful kinds of conclusions. And this is why when George Floyd is killed on camera, choked for nine minutes and loses his life, that you see reverberations all over the world, people pushing back because they are suffering from the same in their countries, and they are following after anti-Asian hate protestors and advocates, Black Lives Matter advocates and protestors, people who are saying to the world this is unacceptable. And so even in that way, you see the linked fates that people share. And so I think that the more we begin to face who we are at home, the more we begin to heal these wounds and relate better in the foreign policy arena, because I think that it is a long held fallacy that these things are separate, right? A nation’s foreign policy is only an extension of its beliefs, its policies and its aspirations and its desires from home going out into the world. So I will stop there. And thank you for the question. FASKIANOS: Thank you very much. Dr. Plummer, over to you. PLUMMER: Well, your question is a very good one. It is also a very book-length question. I’ll try to address that. First of all, I would like to say that I find Mr. Adkins’ statement quite eloquent and can’t think of anything I disagree with in what he has said. There are a couple of things that we might consider as well. I think there are several issues embedded in this question of the relationship between race relations in the United States and it’s policies toward other countries. One of them is, I think there’s a difference between what policymakers intend and how American policy is perceived. There is also the question of precisely who is making and carrying out U.S. foreign policy. Now there was a time when that question I think could be very readily answered. But we’re now in an age where we have enhanced roles for the military and the intelligence community. We have private contractors executing American objectives overseas. And this really places a different spin on things, somewhat different from what we observe when we look at this only through a strictly historical lens. I think we also need to spend some time thinking about the precise relationship between race and racism and what we might call colonial, more of imperialist practices. You might look, for example, at what is the relationship between the essentially colonial status of places like Puerto Rico and the Marianas and the—how those particular people from those places are perceived and treated within both the insular context and the domestic context. Clearly, everybody on the planet is shaped to a large degree by the culture and the society that they live in, that they grew up in, right? And so it is probably no mystery from the standpoint of attitudes that certain kinds of people domestically may translate into similar views of people overseas. But I think one of the things we might want to think about is how our institutions, as well as prejudices, influence what takes place. People like to talk, for example, about the similarities between the evacuation of Saigon and the evacuation of Kabul and wonder what is it called when you do the same thing over and over again and expect different results? We might want to think about what is it, institutionally, which creates these kinds of repetitions, creates situations in which diplomats are forced to apologize and explain continually about race and other conflictual issues in American society. We might also think about what you perhaps could call a racialization process. Do we create categories of pariahs in response to national emergencies? Do we create immigrants from countries south of the United States as enemies because we don’t have a comprehensive and logical way of dealing with immigration? Do we create enemies out of Muslims because of our roles in the Middle East and, you know, the activities and actions of other states? There’s some historical presence for this—the internment of Japanese Americans during World War II, for example. So it seems to me that in addressing I think, you know, some of this very rich question, there are a number of ways and facets that we might want to look at and discuss more fully. FASKIANOS: Great. Thank you very much. And now we’re going to go to all of you for questions and comments. So you can either ask your question by raising your hand, click on the raised hand icon and I will call on you, or else you can write your question in the Q&A box. And if you choose to write your question—although we’d prefer to hear your voice—please include your affiliation. And when I call on you, please let us know who you are and your institution. So the first question, the first raised hand I see is from Stanley Gacek. Q: Yes, thank you very much. Thank you very much, Professor Plummer and Mr. Adkins, for a very, very compelling presentation. My name is Stanley Gacek. I’m the senior advisor for global strategies at the United Food and Commercial Workers International Union, representing 1.3 million working women and men in the United States and Canada in the retail, wholesale, food production, healthcare, and services industries. Practically all of our members are on the frontlines of the pandemic. I also served as deputy director and interim director of the ILO mission in Brazil in 2011 to 2016. And my question is this. I wonder if the speakers would also acknowledge that an issue for the United States in terms of its credibility with regard to racial justice, human rights, and of course labor rights, is a rather paltry record of the United States in terms of ratifying international instruments and adhering to international fora with regard to all of these issues. One example which comes to mind in my area is ILO Convention 111 against discrimination in employment and profession, which could—actually has gone through a certain due diligence process in former administrations and was agreed to by business and labor in the United States but still the United States has failed to ratify. I just wondered if you might comment more generally about how that affects our credibility in terms of advocating for racial justice, human rights, and labor rights throughout the world. Thank you very much. FASKIANOS: Who can address that, would like to address that? PLUMMER: Well, I have very little immediate knowledge of this, and I have to say that labor issues and labor rights have been kind of a missing element in terms of being heavily publicized and addressed. I think it has something to do with the fact that over the course of the decades the United States has been less responsive to the United Nations, to international organizations in general. But in terms of the specifics, you know, precisely what has fallen by the wayside, I, you know, personally don’t have, you know, knowledge about that. ADKINS: And I would just say more generally, not to speak specifically in terms of labor, where I’m also not an expert, but there is, of course, a long history of the U.S. seeking to avoid these kinds of issues in the international arena writ large as Dr. Plummer was just referring to. I just finished a book by Carol Anderson called Eyes Off the Prize, which is a whole study of this and the ways in which the U.S. government worked through the United Nations to prevent the internationalization of the civil rights movement which many—Malcom X and Martin Luther King, Fannie Lou Hamer, and others—sought to frame it in the context of human rights and raise it into an international specter, and that was something that the U.S. government did not want to happen. And of course, we know that part of the genius of the civil rights movement writ large was this tactic of civil disobedience, not just to push against a law that we didn’t like to see in effect but actually to create a scene that would create international media attention which would show to the world what these various communities were suffering inside of America, to try to create pressure outside of our borders for the cause of freedom and justice and democracy. And so there is that long history there which you’ve touched on with your question. Thank you for that. FASKIANOS: Thank you. I’m going to go next to Mojubaolu Olufunke Okome. Q: Good afternoon and thank you for your presentation. I just wonder about U.S. foreign policy, how it lines up with the domestic politics, you know, in terms of race relations, because if one was to believe U.S. propaganda, you know, this country is doing good in the world, it’s the country to emulate. But you know, the events of—well, I guess the George Floyd case brought into graphic relief what most astute observers of the U.S. know, that race relations of the U.S. do not line up very well with the constitutional aspirations of the U.S. So what’s going to change now, you know? And then there’s also this pandemic and the way which race and class is showing us about the real serious inequalities in the U.S. So what’s going to change in terms of lessons learned? And then moving forward, is also multilateralism going to come back into U.S. foreign policy in some way? That’s it. PLUMMER: I think—I’m getting kind of an echo here. I don’t know if other people are. I don’t think anyone is—you know, who is thinking about this seriously doubts that the United States is in a crisis at the moment—a crisis of legitimacy not only abroad but also domestically. We have a situation in which an ostensibly developed country has large pockets, geographic pockets where there are, you know, 30, 40, 50 percent poverty rates. We have people who are essentially mired in superstition, you know, with regard to, you know, matters of health and science. And you know, I don’t think anyone is, you know—is, you know—who is, you know, thinking about this with any degree of gravity is not concerned about the situation. Once again, I think we’re talking here about institutions, about how we can avoid this sort of repetitive and cyclical behavior. But one thing I want to say about George Floyd is that this is a phenomenon that is not only unique to the United States. One of the reasons why George Floyd became an international cause célèbre is because people in other countries also were experiencing racism. There—other countries had issues with regard to immigration. And so really looking at a situation in which I think is—you know, transcends the domestic, but it also transcends, you know, simply looking at the United States as, you know, the sort of target of criticism. FASKIANOS: Do you want to add anything, Travis, or do you want to—should we go to the next question? ADKINS: Go on to the next question. Thank you. FASKIANOS: OK, thank you. Let’s go to Shaarik Zafar with Georgetown, and our prior questioner was with Brooklyn—teachers at Brooklyn College. Q: Hey, there. This is Shaarik Zafar. I was formerly the special counsel for post-9/11 national origin discrimination in the Department of Justice Civil Rights Division—sorry, that’s a mouthful—and then most recently during the Obama years I was a special representative to Muslim communities. So this—I first applaud the presentation. These issues are very near and dear to me. I think it’s clear, you know, we have to own up and acknowledge our shortcomings. And I think, you know, I was really sad to hear that we actually worked against highlighting what I think is really an example of American exceptionalism, which is our civil rights movement and our civil rights community. When I was at State during the Obama years, we had a very modest program where we brought together U.S. civil rights leaders and connected them with European civil rights leaders. And the idea wasn’t that we had it all figured out but rather that, you know, in some respects the United States has made some advances when it comes to civil rights organizing and civil society development in that respect—and perhaps more so than other countries. I was just thinking, I would love to get the panelists’ thoughts on ways that we can continue to collaborate and—you know, on a civil society level between civil rights organizations in the United States and abroad and the way the U.S. government should actually support that—even if it means highlighting our shortcomings—but as a way to, you know, invest in these types of linkages and partnerships to not only highlight our shortcomings but look for ways that we could, you know, actually come to solutions that need to be, I think, fostered globally. Thanks so much. ADKINS: You know, the first thing I would say, Shaarik—thanks for your question—I thought it was interesting, this idea of framing the civil rights movement as a kind of example of American exceptionalism. And I think there’s a way in which I would relate to that in the sense that folks did, at least nominally or notionally, have certain kinds of freedom of speech, certain kinds of rights to assembly. But even those were challenged, of course, when we see the violence and the assassinations and all of the machinations of the government against those who were leaders or participants in that movement. And so in that sense, perhaps I would agree. I might push back, though, in terms of American exceptionalism as it relates to civil rights, because these people were actually advocating against the U.S. government, who actually did not want them to have the rights that they were promised under the Constitution. Of course, many of us would not be free or able to speak up without the 13th and 14th and 15th Amendments. And so there’s a sense in which we celebrate them, but there’s also a sense in which they are actually indictments of the original Constitution which did not consider any of those things to be necessary elements of our society. In terms of civil society and where the U.S. government is engaged, I think that, you know, sometimes when we deal with these problems that are foreign policy related, you know, sometimes the answer is at home. Sometimes the answer is not, you know, a white paper from some high-level think tank. It’s not something that starts ten thousand miles away from where we are, because I don’t think that we would have the kind of standing and credibility that we would need to say that we believe in and support and give voice and our backing to civil society movements abroad if we don’t do the same thing at home. And so everything that we want to do somewhere else, we ought to ask ourselves the question of whether or not we’ve thought about doing it at home. And I don’t mean to suggest—because certainly no nation is perfect, and every nation has its flaws. But certainly, we would be called to the mat for the ways in which we are either acknowledging or refusing to acknowledge that we have, you know, these same—these same challenges. And so I think there still remains a lot of work to be done there in terms of how we engage on this. And you have seen the State Department come out and be more outspoken. You’ve seen the Biden administration putting these issues more out front. You have now seen the Black Lives Matter flag flying over U.S. embassies in different parts of the world. And some people might view that as co-optation of a movement that is actually advocating against the government for those rights and those respects and that safety and security that people believe that they are not receiving. And others might see it as a way to say, look, our nation is embracing civil society and civic protests in our nation as an example that the countries in which those embassies are in should be more open to doing the same kinds of things. And so it’s a great question. I think it remains to be seen how we move forward on that—on that score. FASKIANOS: Thank you. I’m going to go next to Molly Cole. Q: Hi. My name is Molly Cole. I am a grad student of global affairs at New York University. I was just curious sort of what y’all thought about what the consequences of foreign policy on punishment systems and institutions as it pertains to race relations in the United States would be, also in tandem with sort of this strive for global inclusivity and equity and just sort of, I guess, hitting those two ideas against each other. ADKINS: Can you clarify the ideals for us, Molly? So one sounded like it was about maybe mass incarceration or the death penalty or things of that nature? You’re talking about punitive systems of justice? And then the other seemed to be more about diversity, equity, and inclusion in the foreign policy space? But I don’t want to put words in your mouth. I just want to make sure I understand the question. Q: You hit the nail on the head. ADKINS: OK. Do you want to go ahead, Dr. Plummer? PLUMMER: Oh. Well, again, a great question but, you know, one of, you know, it’s—could write a book to answer. (Laughs.) Well, if you’re talking about the sort of international regime of incarceration—is that what you were referring to? Q: Yes, essentially. So when we’re—when we’re considering, you know, these punitive systems, I’m thinking in terms of, you know, the death penalty, mass incarceration, private prisons, sort of this culmination of us trying to come up with these ideals, but doing it sort of on our own, while also combatting, you know, what the nation is calling for, what the globe is calling for. PLUMMER: Yeah. I think this sort of pertains to what I had mentioned earlier about just, you know, who is making and carrying out U.S. foreign policy, or domestic policy for that matter. There’s a whole question of the state and, you know, what parts of the state are involved in this whole question of incarceration and are involved in the whole question of the death penalty. One of the things that we are aware of is that prisons have—some of the prisons are actually not being operated by civil authorities. They’re operated by private entities. We saw this again in—you know, particularly in Afghanistan, where a lot of functions which normally, you know, are carried out by civil authorities are carried out by private authorities. And so this really puts a whole different perspective on the question or the relationship of citizens to the state and, you know, to any other particular group of citizens to the state. So I think that, you know, one of the problem areas then is to tease out what in fact are the obligations and privileges of government, and how do they differ from and how are they distinguished from the private sector. Q: Thank you. ADKINS: And I would just add quickly on this notion of hypocrisy and saying one thing and doing another, there was an interesting anecdote around this when President Obama visited Senegal. And he was delivering a fairly tough message about the treatment of members of the LGBT+ community in Senegal. And President Macky Sall got up essentially after President Obama and was essentially saying that, you know, we kind of appreciate this tough love lecture, but I would remind you, you know, that Senegal doesn’t have the death penalty, right? And so on one hand we’re actually saying something that has a grounding. Of course, people of all human stripes can have dignity, and have respect and be protected. But he is then hitting back and saying, hey, wait a minute, you kill people who break laws in your own country. And we don’t have the death penalty. So who should actually be the arbiter of how is the correct way – or, what is the correct way to be? On the second part of your question, quickly, Molly, especially as it relates to the kind of diversity, equity, and inclusion piece, this is why also there has been a big push to look in our State Department, to look at USAID, to look at the face that America presents to the world. And all too often that face has been male, that face has been White. And that gives a certain perception of America, but it also means that we lose the tremendous treasure and talent of people who have language skills, who come from communities in which their own perspective on the world actually is a talent that they have. Specifically, because many of those communities—whether they’ve immigrated or come to America by different means—are also from groups who’ve been marginalized, who’ve been oppressed, who have a certain frame and a lens with which to engage with other nations in the world, either in terms of partnership, either in terms of deterrence. And so we lose out in many ways because we haven’t done a great job in that—in that matter. FASKIANOS: I’m going to take a written question from Morton Holbrook, who’s at Kentucky Wesleyan College. His question is: How should the United States respond to international criticism to the U.S.’s racial discrimination? And how will that affect the relationship between the U.S. and the international community? PLUMMER: Well, the United States, I think, has—(laughs)—no choice but to acknowledge this. Historically this has been a problem that when pressed on this issue in the past the response was always, well, you know, we know this is a problem and we’re working on it. And the most egregious examples of racism are the responsibility of people who are either at the margins of society or who represent some sort of relic past that is rapidly disappearing, right? That was the message about the South, right? OK, the South is, you know, rapidly developing and so soon these vestiges of violent racism will be over. Well, again, the reason why that doesn’t work anymore—(laughs)—is because we’re always projecting this future, right, that—you know, it’s always being projected further and further into the future. And we’re never there yet. And it seems to me, again, that this is a problem of institutions. This is a problem of the embeddedness of racism in American life, and a refusal on the part of so many Americans to acknowledge that racism is real, and that it exists. And you know, I think we see many examples of this. I’m thinking of one instance where a George Floyd commemorative mural was painted on a sidewalk and some folks came along with some paint and painted over it, because they said it wasn’t a racism corner, you know, while engaged in a racist act. So, you know, there really needs to be, I think, on a very fundamental level, some education—(laughs)—you know, in this country on the issue of race and racism. The question is, you know, who is—who will be leaders, right? Who will undertake this kind of mission? ADKINS: One thing I would say, quickly, on that, Irina, just an anecdote as well that also relates to really in some ways the last question about who our representatives are and what perspective they bring. Several years ago, I was on a trip—a congressional delegation to Egypt. And I was with several members of the CBC. And we met with President Sisi. And they were giving him a fairly rough go of it over his treatment of protesters who were protesting at that time in Tahrir Square, many of whom had been killed, maimed, abused, jailed. And he listened to them kind of haranguing him. And at the end of that speech that they were giving to him he said basically: I understand your points. And I hear your perspective. But he said, can I ask you a question? They said, sure, Mr. President. We welcome you to ask questions. And he said, what about Ferguson? And the day that he said that Ferguson was on fire with surplus military equipment in the streets of America, with, you know, tear gas and armed military-appearing soldiers in the streets of America who were seen, at least optically, to be doing the same thing, right? Not as many people were killed, certainly, but the point is you have this same problem. However, if that had been a different delegation, he might have scored a point in their verbal jousting. But President Sisi had the misfortune of saying this to two-dozen 70-plus-year-old Black people. And no one in America would know better than they what that is like. And so what they ended up replying to him by saying, exactly. No one knows this better than we do. And this is exactly why we’re telling you that you shouldn’t do it. Not because our country doesn’t have that history, but because we do have that history and it has damaged us, and it will damage you. Which takes on a completely different tone in our foreign relations than if it was simply a lecture, and that we were placing ourselves above the nations of the world rather than among them. FASKIANOS: Thank you. I’m going to go to Ashantee Smith. Q: Hello. Can you guys hear me? ADKINS: We can. FASKIANOS: Yes. Q: OK, perfect. Hi. My name is Ashantee Smith. I am a grad student at Winston-Salem State University. In regards to some of the responses that you guys gave earlier, it gave me a question. And I wanted to know how you guys were putting the correlation between racism and immigration. PLUMMER: Well, yeah. The United States has a history of racialized responses to immigrants, including historically to White immigrants. Back in the day the Irish, for example, were considered to be, you know, something less than White. We know, however, that society—American society has since, you know, incorporated Europeans into the category of Whiteness, and not done so for immigrants from Latin America, Asia, and Africa, who remain racialized, who are perceived as being, in some respects by some people, unassimilable. We also have a phenomenon of the racialization of Muslims, the creation of outcast groups that are subjected to, you know, extremes of surveillance or exclusion or discrimination. So immigration is very much embedded in this, is a question of an original vision of the United States, you know, and you can see this in the writings of many of the founding fathers, as essentially a White country in which others, you know, are in varying degrees of second-class citizens or not citizens at all. So this is, I think, an example of something that we have inherited historically that continues to, you know, be an issue for us in the present. Yeah. FASKIANOS: Thank you. I’m going to go next to Pearl Robinson. Q: Hello. I am just so thrilled to see the two panelists here. I want—I actually raised my hand when you were talking about the labor rights issue. And I’m at Tufts University. And I’m currently working on an intellectual biography about Ralph Bunche. And I actually ran over here from the U.N. archives where I was actually reading about these issues. (Laughs.) And I wanted to just say that the discussion we’re having now, it’s sort of disjointed because we’re dealing with lots of erasures, things that are overlooked, and they are not enough Carol Andersons and Brenda Gayle Plummer professors out there putting these things in press. But even more importantly, they are not sufficiently in our curriculum. So people who study international relations and people who do international relations don’t know most of these things. So my quick point I just wanted to say was during World War II when Ralph Bunche was working for the OSS military intelligence, his archives are full of it, he went and he was interviewing our allies at their missions and embassies in the U.S.—the French, the British—asking them: What are your labor relations policies in your colonial territories? And this was considered important military information for the United States, as we were going to be—as Africa was an important field of operation. When you get to actually setting up the U.N., I was struck in a way I hadn’t, because I hadn’t read archives this way. (Laughs.) But I’m looking at conversations between Bunche and Hammarskjöld, and they’re restructuring the organization of the United States—of the United Nations. And there are two big issues that are determining their response to the restructuring—the Cold War as well as decolonization. And I actually think that those two issues remain—they’re structuring that conversation we’re having right now. And they—we say the Cold War is over, but I love this phrase, of the racialization of the current enemies or people we think of as enemies. So I actually do think that this is a really good program we’re having where we’re trying to have the conversation. But the dis-junctures, and the silences, and the difficulties of responding I think speak volumes. The last thing I will say, very quickly, that incident about the discussion with President Sisi that Mr. Adkins—that needs to be canned. That needs to be somehow made available as an example that can be replicated and expanded and broadened for people to use in teaching. ADKINS: Well, I always listen when my teacher is talking to me, Dr. Robinson. Thank you for sharing that. And I’m working on it, I promise you. (Laughter.) FASKIANOS: Thank you. I’m going to go next to—we have lots of questions and raised hands, and we’re not going to get to all of you. So I apologize right now. (Laughs.) We’ll do the best we can. Jill Humphries. Q: Hello. My name is Jill Humphries. And I’m an adjunct assistant professor in the Africa Studies Program at the University of Toledo, and have been doing Africa-based work, I’m proud to say, for about thirty-three years, starting at the age twenty-two, and have used Dr. Plummer’s work in my dissertation. And hello, fellow ICAPer (sp). So my question is this: There’s an assumption that I believe we’re operating in. And that is race and racism is somehow aberrant to the founding of this country, right? So we know that Saidiya Hartman and Frank Wilderson, the Afropessimist, make the argument that it is clearly key that it is fundamental to the development of our institutions. And so my question is this: You know, the—in the domestic scene the sort of abolitions clearly state that unless we fundamentally transform our norms and values, which impact, of course, our institutions, then we will continue to have the exact outcomes that are expected. The killing of George Floyd and the continuing, I think, need to kill Black bodies is essential to this country. And so my question is, in the context of foreign relations, international relations, are we also looking at the way in which, number one, it is not aberrant that racism is a constituent element in the development of our foreign policy and our institutions? And that unless we fundamentally first state it, acknowledge it, and then perhaps explore the way in which we dismantle, right—dismantle those norms and values that then impact these institutions, that we’re going to continue to have the same outcomes, right? So for example, when Samantha Powers visited Ethiopia, if you’ve been following that whole narrative, there was a major backlash by the Ethiopian diaspora—major. My colleagues and friends, like, I’ve had intense conversations, right, around that. Same thing about the belief about Susan, former—Susan Rice’s role, right, in continuing to influence our foreign policy, particularly towards the Horn of Africa. So my question is: What does that look like, both theoretically, conceptually? But more importantly for me, because I’m a practitioner on the ground, what does that look like in practice? And that’s where I think Professor Adkins, working for USAID, could really kind of talk about. Thank you. ADKINS: Thank you. Yeah, you know, I think it goes back to Dr. Robinson’s question a moment ago. And that is the first the acknowledgement and the calling out and the putting into relief and contrast the context in which we’re operating, especially when we think about not even USAID specifically, but the industry of development—aid and development assistance kind of writ large. Because essentially what we have is a historical continuum that starts with the colonial masters and the colonial subjects. And then that because what is called, or framed, as the first world and the third world, right? And then that becomes the developing world and the developed world. Then that becomes the global north and the global south. All of which suggests that one is above, and one is below. That one is a kind of earthly heaven, the other kind of earthly hell. That one possessed the knowledge and enlightenment to lead people into civilization, and the other needs redemption, needs to be saved, needs to be taught the way to govern themselves, right? That this kind of Western notion of remaking yourself in the world, that your language, that your system of government, that your way of thinking and religious and belief and economics should be the predominant one in the world. And so I think, to me, what you’re saying suggests the ways in which we should question that. And this is where you start to hear conversations about decolonizing aid, about questioning how we presume to be leaders in the world in various aspects, of which we may not actually be producing sound results ourselves. And thinking again about this notion of placing ourselves among nations rather than above nations in the ways in which we relate and engage. And I think that it’s one of the reasons that we continue to have challenges in the realm of development assistance, in the realm of our diplomacy and foreign policy. Because, again, there is a pushback against that kind of thinking, which is rooted in a deep history that contains much violence and many types of economic and diplomatic pressures to create and sustain the set of power relations which keeps one group of people in one condition and one in another. And so it’s a huge question. And how to bring that kind of lofty thinking down to the granular level I think is something that we will have to continue to work on every day. I certainly don’t have the answer, but I’m certainly answering—asking, I should say—the questions. PLUMMER: I think I might also think about how is in charge. And this is—you know, it goes back to something we talked about before, when U.S. foreign policy is no longer exclusively rooted in the State Department? So in terms of, you know, who represents the United States abroad and in what ways, and how is that representation perceived, we’re really looking at, you know, a lot of different actors. And we’re also looking at, you know, changes in the way that the U.S. government itself is perceiving its role, both at home and abroad. And one of the questions was previously asked about the system of incarceration speaks to that, because we have to ask ourselves what are—what are—what are the proper roles and responsibilities and burdens of the state, the government and, you know, what is leased out—(laughs)—in some ways, for profit to private concerns? So I think that, you know, some of this is about, you know, a sense of mission that I don’t see out there, that I think will in some respects have to be restored and reinvented. FASKIANOS: Thank you. I’m going to go next to Erez Manela. Q: Thank you very much for this really terrific and important panel. My name is Erez Manela. I teach the history of U.S. foreign relations at Harvard. And my question actually—I don’t know if Irina planned this—but it follows on directly from the previous question. Because I kept on wondering during this panel what—I mean, the focus that we’ve had here, the topic that’s been defined, is the way in which domestic race relations, domestic racism, have shaped U.S. foreign policy. But of course, U.S. foreign policy has been shaped—as the previous questioner noted—has been shaped directly by racism and perceptions of racial hierarchy for—well, since the very beginning. And Professor Adkins spoke very eloquently about it. And of course, Professor Plummer has written eloquently about that, including in her books on Haiti and international relations. But I guess I’m wondering if you could speak more about the specifics about the history that needs to be recognized in that realm, and then—and this is maybe self-interested—whether you have any recommendations, in the way that you recommended Carol Anderson’s really terrific book—for reading that we can read ourselves or give our students to read, that would really drive that point home, the influence of racism, race perceptions, race hierarchies themselves on—directly on the conduct of U.S. foreign relations historically. PLUMMER: Well, Professor Manela, I appreciate your own work on Wilson. And you know, that in some respects—that would be a book that I’d recommend. (Laughs.) Might also think about Mary Dudziak’s work on Cold War civil rights, and her law review article, Desegregation as a Cold War Imperative, which, you know, directly addresses these questions. Again, what I would like to see is some work that will—perhaps not necessarily a historical perspective—but will address this whole question of the sort of growing, I don’t know what you’d call it, multiplicity or multivariant character of American policymaking, you know, as we—as we go forward, you know, past the Cold War era. There’s an interesting item by a man named Andrew Friedman, who wrote a book called Covert Capital. I think the subtitle is something like Landscapes of Power, in which we discussed the rise of Northern Virginia as what he sees as the true capital of, you know, parts of the U.S. government, in being a center for the military and for intelligence community. And their shaping of that environment at home, as well as their influence in shaping U.S. policy abroad. So, you know, there’s a lot of room for work on these—on these issues. ADKINS: And I would also just follow up—and thank you for the question—and add another book that I just finished. Daniel Immerwahr, from Northwestern University, How to Hide an Empire, which deals in many ways with U.S. foreign policy and the way in which it is explicitly racialized and ways in which that goes understudied in our—in our policy circles, and certainly in the world of education. FASKIANOS: I’m going to try to squeeze in one last question. And I apologize again for not getting to everybody’s question. We’ll go to Garvey Goulbourne as our final question. Q: Yes. Hi. Can you hear me? FASKIANOS: We can. Q: Yeah. My name’s Garvey Goulbourne. I’m a student at the University of Virginia, actually studying abroad this semester in Rabat, Morocco. And my question to you both is: What mechanisms do we have to orient the narratives that our foreign policy leaders are brought up with? Thinking particularly of American exceptionalism and how we kind of place ourselves on a pedestal, whether they be foreign affairs schools or various institutions at different levels of American education, what tools do we have to address the foundations of American perspectives of themselves and our nation in relation to the rest of the world, particularly the global south? FASKIANOS: Who wants to go first? An easy question, of course, to close with. PLUMMER: Go ahead, Mr. Adkins. ADKINS: Sure, sure. Thank you for your question, Garvey. And congratulations on the move out to Morocco. Great to see you there. I think the first thing I would say, of course, is our tools, as far as I am concerned, relate certainly to education. And it’s one of the reasons that I am in the classroom. But I know what that fight is like, because even education is taken over by these notions of White supremacy, by these notions of singular historical narratives. And this is why there’s been such a push against the 1619 Project of the New York Times, why there is this kind of silly season around the misunderstood origins and contexts of critical race theory. There is this battle over who gets to tell the story of what America is, because it is more than—but it is more than one thing, obviously, to a multiplicity of people. And so I am kind of remiss—or, not remiss. There’s no way for me to elucidate for you now a series of tools that will resolve these problems, because these are challenges that people have been wrestling with before our mothers’ mothers were born. And so we only are continuing that fight from where we sit. And certainly, in the classrooms that I am in, whether they are in prisons or on campuses, we are always digging into the origin of these themes. And the main frame through which I teach is not just for students to understand this history for their health, but for them to understand this history as a lens through which to view the current world and all of the events and challenges that we find ourselves facing, to see if we can come up with new ways to address them. PLUMMER: Well, one of the things that Mr. Goulbourne could do, since he is in Morocco, is to make use of his own insights in his conversations with Moroccans. So, you know, there is still a role, you know, for individual actors to play some part in attempting to make some changes. FASKIANOS: Well, with that we unfortunately have to close this conversation. It was very rich. Thank you, Travis Adkins and Brenda Gayle Plummer or sharing your insights and analysis with us. We really appreciate it. To all of you, for your questions and comments. Again, I’m sorry we couldn’t get to all of you. You can follow Travis Adkins @travisladkins, and that’s on Twitter. And our next Academic Webinar will be on Wednesday September 29, at 1:00 p.m. (ET) with Thomas Graham, who is a fellow at CFR. And we’ll talk about Putin’s Russia. So in the meantime, I encourage you to follow us at @CFR_Academic, visit CFR.org, Thinkglobalhealth.org, and ForeignAffairs.com for new research and analysis on global issues. So thank you all again and we look forward to continuing the conversation. ADKINS: Take care, everyone. Thank you. (END)