All that has been accomplished by a Yale senior's art project on pregnancy and abortion is a highly visible trivialization of the issue of abortion and a phenomenal insensitivity to women who suffer repeat miscarriages.
Yesterday the Yale Daily News published a story about the senior project of an art major, Aliza Shvarts, which consists, as the article put it, of "a documentation of a nine month process during which she inseminated herself as often as possible while periodically taking abortifacient drugs to induce miscarriages." In short, Ms. Shvarts claimed to use donated sperm to achieve repeated pregnancies, and used then an unspecified drug for repeated abortions. Predictably, this story has spread like wildfire both on the Internet as well as the mainstream press.
Later on Thursday, Yale University issued a statement announcing that Shvarts' project did not involve actual pregnancy or induced miscarriage. But even before their statement, I was skeptical. Most puzzling to me was her claim to have used "abortifacient drugs that were legal and herbal." If she had really terminated her own pregnancies repeatedly, she could have been subject to legal prosecution — as occurred recently to a number of poor, mainly immigrant women who have tried to terminate their unwanted pregnancies by themselves, in situations vastly more grave than Schvarts' "senior project."
Even though Schvarts did not actually become pregnant and self-abort, this is a disturbing and irresponsible project. Shvarts told the Yale Daily News that her project was not designed for "shock value" and it was not her intention to "scandalize anyone." She also told the paper that she "believes strongly that art should be a medium for politics and ideologies, not just a commodity."
It is very hard to take such statements seriously. If she truly believed that claiming to get herself pregnant "repeatedly," only to then terminate those pregnancies, would not shock and scandalize, then she clearly has not a clue about reproductive politics, and should not be sticking her nose, er, her uterus, into a highly charged issue she knows nothing about. Art should be a medium for politics, but the responsibility of the artist is to know something about the politics with which she is engaging.
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What useful "conversation" has Shvarts provoked with this project — other than the fact that not all ideas for performance art are good ones? Does anyone — on either side of the abortion debate — gain any new insight from her work? All that seems to be accomplished with this project is a highly visible trivialization of the issue of abortion and a phenomenal insensitivity to women who suffer repeat miscarriages.
As someone who has been a college professor for over thirty years, I know it is not uncommon for eager students to have fanciful ideas for projects, and some of these, for various reasons, simply should not take place. It is the job of faculty mentors to give appropriate guidance and to point out that not everything that is "provocative" is necessarily worth doing. The Yale art department, and her advisor in particular, has failed Aliza Shvarts big-time. And in ways that clearly Ms. Shvarts does not understand, her "artistic" contribution to politics fails the rest of us.
This is the first article in Rewire’s two-part series about the U.S. immigration system’s effects on unaccompanied children.
Earlier this month, three North Carolina high school students were released from a Lumpkin, Georgia, detention center after spending more than six months awaiting what seemed like their inevitable fate: deportation back to conditions in Central America that threatened their lives.
Wildin David Guillen Acosta, Josue Alexander Soriano Cortez, and Yefri Sorto-Hernandez were released on bail in the span of one week, thanks to an overwhelming community effort involving pro bono attorneys and bond money. However, not everyone targeted under the same government operation has been reprieved. For example, by the time reports emerged that Immigration and Customs Enforcement (ICE) had detained Acosta on his way to school in Durham, North Carolina, the government agency had already quietly deported four other young people from the state, including a teenage girl from Guatemala who attended the same school.
Activated in January, that program—Operation Border Guardian—continues to affect the lives of hundreds of Central American migrants over the age of 18 who came to the United States as unaccompanied children after January 2014. Advocates believe many of those arrested under the operation are still in ICE custody.
Department of Homeland Security (DHS) Secretary Jeh Johnson has said that the goal of Operation Border Guardian is to send a message to those in Central America considering seeking asylum in the United States. But it’s not working, as Border Patrol statistics have shown. Furthermore, vulnerable, undocumented youth who pose no real threat are being stripped of their right to an education and instead sit in detention awaiting deportation. These youth arrived at the border in hopes of qualifying for asylum, but were unable to succeed in an immigration system that seems rigged against them.
“The laws are really complicated and [young people] don’t have the community support to navigate this really hostile, complex system. That infrastructure isn’t there and unless we support asylum seekers and other immigrants in this part of the country, we’ll continue to see asylum seekers and former unaccompanied minors receive their deportation orders,” said Julie Mao, the enforcement fellow at the National Immigration Project of the National Lawyers Guild.
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In January, ICE conducted a series of raids that spanned three southern states—Georgia, North Carolina, and Texas—targeting Central American asylum seekers. The raids occurred under the orders of Johnson, who has taken a hardline stance against the more than 100,000 families who have sought asylum in the United States. These families fled deadly gang violence in El Salvador, Honduras, and Guatemala in recent years. In El Salvador, in particular, over 400 children were murdered by gang members and police officers during the first three months of 2016, doubling the country’s homicide rate, which was already among the highest in the world.
ICE picked up some 121 people in the early January raids, primarily women and their young children. Advocates argue many of those arrested were detained unlawfully, because as people who experienced severe trauma and exhibited symptoms of post-traumatic stress disorder, generalized anxiety, and depression, they were disabled as defined under the Rehabilitation Act of 1973, and ICE did not provide reasonable accommodations to ensure disabled people were not denied meaningful access to benefits or services.
Just a few weeks later, on January 23, ICE expanded the raids’ focus to include teenagers under Operation Border Guardian, which advocates said represented a “new low.”
The media, too, has also criticized DHS for its seemingly senseless targeting of a population that normally would be considered refugees. The New York Times called Operation Border Guardian “a grossly misnamed immigration-enforcement surge that went after people this country did not need to guard against.”
In response to questions about its prioritization of former unaccompanied minors, an ICE spokesperson told Rewire in an emailed statement: “As the secretary has stated repeatedly, our borders are not open to illegal migration. If someone was apprehended at the border, has been ordered removed by an immigration court, has no pending appeal, and does not qualify for asylum or other relief from removal under our laws, he or she must be sent home. We must and we will enforce the law in accordance with our enforcement priorities.”
DHS reports that 336 undocumented Central American youth have been detained in the operation. It’s not clear how many of these youth have already been deported or remain in ICE custody, as the spokesperson did not respond to that question by press time.
Acosta, Cortez, Sorto-Hernandez, and three other North Carolina teenagers—Santos Geovany Padilla-Guzman, Bilmer Araeli Pujoy Juarez, Pedro Arturo Salmeron—have become known as the NC6 and the face of Operation Border Guardian, a designation they likely would have not signed up for.
Advocates estimate that thousands of deportations of low-priority migrants—those without a criminal history—occur each week. What newly arrived Central American asylum seekers like Acosta could not have known was that the federal government had been laying the groundwork for their deportations for years.
Asylum Seekers Become “High-Priority Cases”
In August 2011, the Obama administration announced it would begin reviewing immigration cases individually, allowing ICE to focus its resources on “high-priority cases.” The assumption was that those who pose a threat to public safety, for example, would constitute the administration’s highest priority, not asylum-seeking high school students.
But there was an indication from DHS that asylum-seeking students would eventually be targeted and considered high-priority. After Obama’s announcement, ICE released a statement outlining who would constitute its “highest priorities,” saying, “Specifically individuals who pose a threat to public safety such as criminal aliens and national security threats, as well as repeat immigration law violators and recent border entrants.”
In the years since, President Obama has repeatedly said “recent border crossers” are among the nation’s “highest priorities” for removal—on par with national security threats. Those targeted would be migrants with final orders of removal who, according to the administration, had received their day in court and had no more legal avenues left to seek protection. But, as the American Civil Liberties Union (ACLU) reported, “recent border entrant” is a murky topic, and it doesn’t appear as if allcases are being reviewed individually as President Obama said they would.
“Recent border entrant” can apply to someone who has been living in the United States for three years, and a border removal applies “whenever ICE deports an individual within three years of entry—regardless of whether the initial entry was authorized—or whenever an individual is apprehended by Customs and Border Protection (CBP),” explained Thomas Homan, the head of ICE’s removal operations in a 2013 hearing with Congress, the ACLU reported.
Chris Rickerd, policy counsel at the American Civil Liberties Union’s Washington Legislative Office, added that “[b]ecause CBP refuses to screen the individuals it apprehends for their ties to the U.S., and DHS overuses procedures that bypass deportation hearings before a judge, many ‘border removals’ are never fully assessed to determine whether they have a legal right to stay.”
Over the years, DHS has only ramped up the department’s efforts to deport newly arrived immigrants, mostly from Central America. As the Los Angeles Times reported, these deportations are “an attempt by U.S. immigration officials to send a message of deterrence to Central America and avoid a repeat of the 2014 crisis when tens of thousands of children from Honduras, El Salvador and Guatemala arrived at the U.S. border.”
This is something Mao takes great issue with.
“These raids that we keep seeing are being done in order to deter another wave of children from seeking asylum—and that is not a permissible reason,” Mao said. “You deport people based on legality, not as a way of scaring others. Our country, in this political moment, is terrorizing young asylum seekers as a way of deterring others from presenting themselves at the border, and it’s pretty egregious.”
There is a direct correlation between surges of violence in the Northern Triangle—El Salvador, Guatemala, and Honduras—and an uptick in the number of asylum seekers arriving in the United States. El Salvador, known as the murder capital of the word, recently saw an explosion of gang violence. Combine that with the possible re-emergence of so-called death squads and it’s clear why the number of Salvadoran family units apprehended on the southern border increased by 96 percent from 2015 to 2016, as Fusion reported.
Much like Mao, Elisa Benitez, co-founder of the immigrants rights’ organization Alerta Migratoria NC, believes undocumented youth are being targeted needlessly.
“They should be [considered] low-priority just because they’re kids, but immigration is classifying them at a very high level, meaning ICE is operating like this is a population that needs to be arrested ASAP,” Benitez said.
The Plight of Unaccompanied Children
Each member of the NC6 arrived in the United States as an unaccompanied child fleeing violence in their countries of origin. Acosta, for example, was threatened by gangs in his native Honduras and feared for his life. These young people should qualify as refugees based on those circumstances under international law. In the United States, after they present themselves at the border, they have to prove to an immigration judge they have a valid asylum claim—something advocates say is nearly impossible for a child to do with no understanding of the immigration system and, often, with no access to legal counsel—or they face deportation.
Unaccompanied children, if not immediately deported, have certain protections once in the United States. For example, they cannot be placed into expedited removal proceedings. According to the American Immigration Council, “they are placed into standard removal proceedings in immigration court. CBP must transfer custody of these children to Health and Human Services (HHS), Office of Refugee Resettlement (ORR), within 72 hours.”
While their court proceedings move forward, HHS’s Office of Refugee Resettlement manages the care of the children until they can ideally be released to their parents already based in the country. Sometimes, however, they are placed with distant relatives or U.S. sponsors. Because HHS has lowered its safety standards regarding placement, children have been subjected to sexual abuse, labor trafficking, and severe physical abuse and neglect, ThinkProgress has reported.
If while in the care of their family or a sponsor they miss a court date, detainment or deportation can be triggered once they turn 18 and no longer qualify for protections afforded to unaccompanied children.
This is what happened to Acosta, who was placed with his mother in Durham when he arrived in the United States. ICE contends that Acosta was not targeted unfairly; rather, his missed court appearance triggered his order for removal.
Acosta’s mother told local media that after attending his first court date, Acosta “skipped subsequent ones on the advice of an attorney who told him he didn’t stand a chance.”
“That’s not true, but it’s what they were told,” Benitez said. “So, this idea that all of these kids were given their day in court is false. One kid [we work with] was even told not to sign up for school because ‘there was no point,’ it would just get him deported.”
Benitez told Rewire the reasons why these young people are being targeted and given their final orders of removal need to be re-examined.
Sixty percent of youth from Central America do not ever have access to legal representation throughout the course of their case—from the time they arrive in the United States and are designated as unaccompanied children to the time they turn 18 and are classified as asylum seekers. According to the ACLU, 44 percent of the 23,000 unaccompanied children who were required to attend immigration court this year had no lawyer, and 86 percent of those children were deported.
Immigration attorneys and advocates say that having a lawyer is absolutely necessary if a migrant is to have any chance of winning an asylum claim.
Mao told Rewire that in the Southeast where Acosta and the other members of the NC6 are from, there is a pipeline of youth who arrived in the United States as unaccompanied children who are simply “giving up” on their valid asylum claims because navigating the immigration system is simply too hard.
“They feel the system is rigged, and it is rigged,” Mao said.
Mao has been providing “technical assistance” for Acosta and other members of the NC6. Her organization doesn’t represent individuals in court, she said, but the services it provides are necessary because immigration is such a unique area of law and there are very few attorneys who know how to represent individuals who are detained and who have been designated unaccompanied minors. Those services include providing support, referrals, and technical assistance to advocates, community organizations, and families on deportation defense and custody issues.
Fighting for Asylum From Detention
Once arrested by ICE, there is no telling if someone will linger in detention for months or swiftly be deported. What is known is that if a migrant is taken by ICE in North Carolina, somewhere along the way, they will be transferred to Lumpkin, Georgia’s Stewart Detention Center. As a local paper reported, Stewart is “the last stop before they send you back to whatever country you came from.”
Stewart is the largest detention center in the country, capable of holding 2,000 migrants at any time—it’s also been the subject of numerous investigations because of reports of abuse and inadequate medical care. The detention center is run by Corrections Corporation of America, the country’s largest private prison provider and one that has become synonymous with maintaining inhumane conditions inside of its detention centers. According to a report from the National Immigrant Justice Center, Stewart’s remote location—over two hours away from Atlanta—hinders the facility from attracting and retaining adequate medical staff, while also creating barriers to visitation from attorneys and family members.
There’s also the matter of Georgia being notoriously tough on asylum seekers, even being called the “worst” place to be an undocumented immigrant. The Huffington Postreported that “Atlanta immigration judges have been accused of bullying children, badgering domestic violence victims and setting standards for relief and asylum that lawyers say are next to impossible to meet.” Even more disconcerting, according to a project by Migrahack, which pairs immigration reporters and hackers together, having an attorney in Georgia had almost no effect on whether or not a person won their asylum case, with state courts denying up to 98 percent of asylum requests.
Acosta, Cortez, and Sorto-Hernandez spent over six months in Stewart Detention Center before they were released on bail—a “miracle” according to some accounts, given the fact that only about 5 percent of those detained in Stewart are released on bond.
In the weeks after ICE transferred Acosta to Stewart, there were multiple times Acosta was on the verge of deportation. ICE repeatedly denied Acosta was in danger, but advocates say they had little reason to believe the agency. Previous cases have made them wary of such claims.
Advocates believe that three of the North Carolina teens who were deported earlier this year before Acosta’s case made headlines were kept in detention for months with the goal of wearing them down so that they would sign their own deportation orders despite having valid asylum claims.
“They were tired. They couldn’t handle being in detention. They broke down and as much as they feared being returned to their home countries, they just couldn’t handle being there [in detention] anymore. They’d already been there for weeks,” Benitez said.
While ICE claims the average stay of a migrant in Stewart Detention Center is 30 days, the detention center is notorious for excessively long detainments. Acosta’s own bunkmate had been there over a year, according to Indy Week reporter David Hudnall.
As Hudnall reported, there is a massive backlog of immigration cases in the system—474,000 nationally and over 5,000 in North Carolina.
Mao told Rewire that the amount of time the remaining members of the NC6 will spend in detention varies because of different legal processes, but that it’s not unusual for young people with very strong asylum cases to sign their rights away because they can’t sustain the conditions inside detention.
Pedro Arturo Salmeron, another NC6 member, is still in detention. He was almost deported, but Mao told Rewire her organization was able to support a pro bono attorney in appealing to the Board of Immigration Appeals (BIA) to stop proceedings.
Japeth Matemu, an immigration attorney, recently toldIndy Week’s David Hudnall that “the BIA will tell you that it can’t modify the immigration judge’s ruling unless it’s an egregious or obvious miscarriage of justice. You basically have to prove the judge is off his rocker.”
It could take another four months in detention to appeal Salmeron’s case because ICE continues to refuse to release him, according to the legal fellow.
“That’s a low estimate. It could be another year in detention before there is any movement in his case. We as an organization feel that is egregious to detain someone while their case is pending,” Mao said. “We have to keep in mind that these are kids, and some of these kids can’t survive the conditions of adult prison.”
Detention centers operate as prisons do, with those detained being placed in handcuffs and shackles, being stripped of their personal belongings, with no ability to move around freely. One of Acosta’s teachers told Rewire he wasn’t even able to receive his homework in detention.
Many of those in detention centers have experienced trauma. Multiple studies confirm that “detention has a profoundly negative impact on young people’s mental and physical well-being” and in the particular case of asylum seekers, detention may exacerbate their trauma and symptoms of post-traumatic stress disorder.
“People are so traumatized by the raids, and then you add detention on top of that. Some of these kids cannot psychologically and physically deal with the conditions in detention, so they waive their rights,” Mao said.
In March, Salmeron and fellow NC6 member Yefri Sorto-Hernandez received stays of deportation, meaning they would not face immediate deportation. ICE says a stay is like a “legal pause.” During the pause, immigration officials decide if evidence in the case will be reconsidered for asylum. Sorto-Hernandez was released five months later.
Benitez said that previously when she organized around detention, a stay of deportation meant the person would get released from detention, but ICE’s decision to detain some of the NC6 indefinitely until their cases are heard illustrates how “weirdly severe” the agency is being toward this particular population. Mao fears this is a tactic being used by ICE to break down young people in detention.
“ICE knows it will take months, and frankly up to a year, for some of these motions to go through the court system, but the agency is still refusing to release individuals. I can’t help but think it’s with the intention that these kids will give up their claims while suffering in detention,” Mao said.
“I think we really have to question that, why keep these young people locked up when they can be with their communities, with their families, going to school? ICE can release these kids now, but for showmanship, ICE is refusing to let them go. Is this who we want to be, is this the message we want to send the world?” she asked.
In the seven months since the announcement of Operation Border Guardian, DHS has remained quiet about whether or not there will be more raids on young Central American asylum seekers. As a new school year approaches, advocates fear that even more students will be receiving their orders for removal, and unlike the NC6, they may not have a community to rally around them, putting them at risk of quietly being deported and not heard from again.
"There are systems in place that are attacking our communities," explained Tara Tee of Hands Up United. "A lot of the things we’re doing is just rebuilding and creating plans to sustain, so that whatever this gap is doesn’t occur again.
It’s been two years since since Darren Wilson, a white police officer, shot and killed Michael Brown, an unarmed Black teenager, in Ferguson, Missouri. Caught on camera, the murder sparked weeks of demonstrations and protests, to which police responded with tear gas and rubber bullets. It garnered national attention and made Black Lives Matter a household hashtag.
Tara Tee is a Black woman from St. Louis. At the time, she was working as a project manager at a corporate tech job, but she knew she couldn’t sit back and watch.
“We’d be out in the streets until four or five in the morning. Then I would go home and try to sleep for a couple of hours and then get up at eight in time for work,” Tee recalls.
She said she noticed children as young as 10 were joining in on the protests, yelling and asking for answers, and she realized that though they wanted to be involved, the community lacked the resources to educate and organize them. So she and a group of other engaged community members and activists founded Hands Up United, a grassroots organization dedicated to “fulfilling the political void that remains from the historical archives of the Black Power Movement.”
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Tee currently serves as the director of the organization, where she puts a lot of her efforts into its Tech Institute, which teaches coding to 16-to-30-year-olds in the Ferguson/Greater St. Louis area. Hands Up United also hosts Freedom Flicks, a free social justice film series; Books and Breakfasts; and the People’s Pantry. After the organization’s efforts to get people voting in local elections, St. Louis elected its first Black circuit attorney. Tee says her day-to-day is always different, sometimes meeting with community leaders, or running the organization’s programs and events, but that her main objective is always to help rebuild her community, which she says has been broken by systemic racism.
Rewire: How did you get involved with activism? And how did Hands Up United get started?
Tara Tee: I don’t necessarily consider myself an activist. I just consider myself a person who understands there are systems working against Black folks in America. I decided to do something about it, which I think most people should do in some way or another.
I went outside once I heard that the police in Ferguson had murdered someone and left his body out in the street for four-and-a-half hours, and all of the horrors that followed, including his mother not being able to approach the body, dogs being called into the neighborhood, dogs being allowed to urinate on his memorial. Just beyond the murder, everything that followed stripped someone’s humanity. It stripped humanity from Mike Brown, from his parents, and from the community.
As a Black woman in St. Louis, there’s no way that I could have not gone out to see, support, talk to, and love on people, and to let the state know that this is not OK. I just felt like it was something I had to do and there were many other people who felt the same way.
The birth of Hands Up United I would say was pretty organic, and it was a situation where it was like building the car while you’re driving it. We were out and doing things and making moves but we were just out because that’s what we felt like we needed to do. It took a while but we realized we needed to create programs to bring political education to the community.
We started thinking about, what does it look like to put something behind the nighttime action and being out in the street? What does it look like to create something that is sustainable, that is going to make a greater impact? Not that being in the street doesn’t make an impact. You and I wouldn’t be talking right now if we had not taken to the streets. You would not know Mike Brown’s name if we had not taken to the street. We have multi-level problems and we need to use every tool that we have to try to dismantle these things that aren’t working for us.
Rewire: What is Hands Up United’s mission?
TT: We’re basically just striving for the liberation of Black and brown people through education, art, advocacy, andagriculture. These are all things that are very important to us because they are all the things that are tied to these systems that are harming our communities.
Everything that we do is going to have a political education component to it, and it’s going to have an art component to it. We’re just trying to build community again. There are systems in place that are attacking our communities. A lot of the things we’re doing is just rebuilding and creating plans to sustain, so that whatever this gap is doesn’t occur again. So that, for example, the next time our neighborhoods are flooded with drugs the same things don’t occur. We ask kids to support Black businesses so that we can have a Black Wall Street, but they’re not teaching that history in school. So you’re asking someone to fathom something that they’ve never seen or heard about. So it’s important for us to create spaces and share knowledge that we have about things that are going on.
Rewire: It’s clear that Hands Up United deals mainly within the community. Are you affiliated with the Movement for Black Lives, and do you think the work that’s being done nationally is helping on the ground?
TT: We support them, obviously, because our missions are similar. We’ve just picked up the fight of our ancestors. These are some of the same things that we’ve been fighting for for many, many years at this point. If you review their platform, anybody that’s for community would be for these things. It’s very similar to the ten-point platform that the Black Panthers had. These are basic rights that people shouldn’t be having to draw attention to, or be asking for. We shouldn’t have to demand basic human rights.
We are aligned with a lot of the initiatives of the Movement for Black Lives. We work with and know a lot of those folks and organizations that do very good work. We’ve worked closely with some of them, and we are in community with them for sure. If any of them call and need anything we’re coming.
But I also don’t like the whole labeling of things because it creates false narratives and problems. As far as the media is concerned, any person who is Black and has ever attended a protest is Black Lives Matter, or if they’re not they’re the Movement for Black Lives. So my stance and the stance of my organization is that we are for and with Black people, so whoever is trying to push the ball forward for Black people, that’s who we’re with.
Rewire: As we approach the second anniversary of Michael Brown’s murder, what, if anything, would you say has changed?
TT: I would say nationally there’s more awareness regarding situations that are plaguing us, and these situations run the gamut from police brutality, to excessive lead in water, to food deserts, to inferior education systems.
We get the information relatively quickly when something occurs. Before, people affected were like, I don’t know if I should share this. I don’t know if anyone cares. Now people don’t hesitate to share these things, and spread this information.
So awareness, both nationally and locally, is increased. But on the ground, there’s still very much racial profiling, there’s still predatory policing, there’s still ticketing and fines aggressively directed toward poor people. We’re still seeing problems with voter rights. And so when I look at what has honestly changed—not much.
Rewire: How do you think the media is doing covering what’s happened in Ferguson, and with other instances of police brutality against Black people?
TT: On a national level, I feel like it’s, for the most part, just propaganda. And then on the local level, for the most part, journalism here isn’t even journalism. There’s no investigative reporting. And so many of the stories start or end with “according to police,” or “the police said,” and it’s just like, well are you just sitting in the newsroom waiting for the police to fax over the story that you should print?
Ida B. Wells said the people committing the murders are the ones writing the reports. So it’s important to understand that the majority of the news that we are getting from the mainstream is generally not the real news.
We need nationwide media literacy. Why do [outlets] always put up a mugshot of the victim and not the cop or vigilante that shot them? It’s just not good reporting that is happening. There are some people who are doing really good work, but on the mass scale there’s just not good reporting happening.
Editor’s note: The above conversation is a lightly edited transcript of an interview between Rewire and Tara Tee ahead of the second anniversary of Michael Brown’s killing. Hear more from Tee via SoundCloud here.