Latest / The Overlap / People For Rent: America has always treated foreign workers as a resource, not as people.
Transcript
- 0:00Summerville, Massachusetts, March, 2025. Plainclothes DHS agents are waiting on the sidewalk,
- 0:08not at a courthouse, not at a detention facility, on a sidewalk in Summerville. And Rumecia Azturk,
- 0:16a Turkish doctoral student at Tufts University, walks into that. No warning, no prior notice that
- 0:24her F1 visa had already been revoked. She finds out her legal status in the United States has been
- 0:30canceled the same way you find out your debit card got declined, in the moment, in public,
- 0:36with strangers watching. All because she wrote an op-ed for the student newspaper? She co-wrote an
- 0:42op-ed for the student newspaper, criticizing Tufts University's response to the conflict in Gaza.
- 0:49That's the whole file. Like, that's the national security threat. A graduate student with a pen
- 0:53and just a co-author listing inside of a newspaper. For which they transferred her to a detention
- 1:01facility in all of all places, Louisiana, which we know can be a pleasant place to spend some time,
- 1:07or an unpleasant place. But from Massachusetts, they sent her to Louisiana, like, she's some
- 1:12kind of package being rerouted. Yeah, a federal judge in Vermont eventually issued an emergency
- 1:18order. As of April 2025, she was still in the detention facility while the litigation was
- 1:25moving through the court system. And here's the thing that I need you to sit with before we go
- 1:29any further. Mesa Ozturk did not come to the United States to protest. She came here because
- 1:36the United States spent 70 years building a system specifically designed to recruit people
- 1:43exactly like her. Brilliant, ambitious, academically elite, and plug them into American institutions.
- 1:51She followed every rule of a system that was never actually designed to protect her.
- 1:59It was designed to use her. And when she stopped being useful in the way that they wanted?
- 2:03The system showed her exactly what she was to it, to the system that is the whole time.
- 2:26All right, welcome back overlap listeners. Thanks so much for being here. I am Joshua.
- 2:30And I'm Will, welcome back. Yes, we are genuinely glad you're here this week, because this one,
- 2:36Will, this one has been sitting under the desk on my chest, but and on my mind and heart for a while,
- 2:43but still sitting underneath there. And I think we're finally going to go ahead and dig it up.
- 2:46Same. I've been thinking about some of this and how to say it for weeks, honestly, but there's a
- 2:51version of this story that gets told as an immigration debate. And I want to clear it
- 2:54right up front. That is not what this is. This is not an immigration debate. That is not what this is.
- 2:59Not even close. So what this is, and I want I want you, dear listener, to hear this before we go
- 3:05any further is a labor story. It's a story about who gets to work, who gets to stay, who gets to
- 3:11speak, and who gets to decide all three of those things. And it has a very long paper trail.
- 3:17And the paper trail goes farther back than most people realize.
- 3:201954. Like everything in the boomer generation. J. William Fulbright is helping frame international
- 3:28student exchange explicitly. Not implicitly, explicitly as a cold war soft power tool.
- 3:36The idea was pretty straightforward, right? Recruit the world's best minds
- 3:40into American institutions. You win their ideological loyalty, and send them home as
- 3:47ambassadors for the American project. An outreach, if you will, an evangelization
- 3:54of the American system. That was the architecture. That was the purpose of the program.
- 3:59And if they didn't go home? And if they didn't go home, by 1965,
- 4:04Emanuel Seller and Philip Hart and Lyndon B. Johnson had already built you a visa category
- 4:11that made sure the university controlled your legal status. You are not a student.
- 4:17You are a sponsored dependent. There's a very big difference.
- 4:21You serve at the pleasure of the university, in a sense. I keep thinking about the migrant
- 4:25farm worker parallels here. And I know we're going to get into this a little bit deeper in
- 4:29the episode, but the structure is almost identical. You bring someone in, you tie their legal right to
- 4:34exist in this country to a single institutional sponsor, and then you call it opportunity.
- 4:39Yeah, you call it opportunity and you charge them for it. You actually have a line item right there.
- 4:44Foreign students generated $40 billion in tuition revenue in 2022 alone. $40 billion, right. And in
- 4:542001, after September 11th, John Ashcroft and George W. Bush mandated a surveillance system called
- 5:01SEVIS. They made the students pay the $200 fee to fund their entire monitoring infrastructure.
- 5:09So you're paying to be watched?
- 5:11You are paying to be watched. And if the government decides tomorrow that your op-ed is a foreign
- 5:17policy threat, currently Marco Rubio can sign a piece of paper and Todd Lyons will send someone
- 5:25to your sidewalk, to your house, to your university.
- 5:28So here's what we're going to do today, listeners. We're walking you through the full architecture
- 5:32of the system, how it was built, why it was built, who benefits from it. I think we all know who that's
- 5:37going to be, but what it looks like now in 2025 when that architecture is being used as a weapon.
- 5:42By the end of this episode, you'll never hear the phrase international student the same way again.
- 5:47All right, so let's go. I want to start in a specific room. It's 1954, Washington, DC.
- 5:54Close your eyes, feel the ambiance of the cigarette smoke thick in every room. J. William Fulbright is
- 6:02a Senator from Arkansas. You know, there was some cigars in there as well. And look, J. William
- 6:08Fulbright is not naive, right? He fought in World War II. He watched the Marshall Plan work. He
- 6:15understands some things that the people around him are still kind of tripping over and tripping
- 6:22toward, which is that you don't win a cold war with missiles, literally. You win it with mines.
- 6:29And the program he's building, hearts and minds. That wasn't until later. That was Iraq, Iraqi
- 6:36freedom. But the program he's building, what will essentially become the framework for the international
- 6:42educational exchange program is very explicitly in the documents, in the stated policy rationale,
- 6:48a soft power operation. Right. And I think it sort of goes without saying, not to point out the
- 6:53obvious here, but it's not a cold war if you're winning it with missiles. That's a hot war.
- 6:58That's just a war. But yeah. So I mean, this is not, you know, not what we're talking about here is
- 7:04this policy rationale is not dressed up as something else, right? Not even adjacent to it, right? So
- 7:09the State Department's own Bureau of Education and Cultural Affairs will tell you this, if you read
- 7:15their historical records. But the goal is to bring foreign students to American universities,
- 7:20let them through osmosis or telepathy, absorb American values, American institutions,
- 7:28American prosperity and send them home as ideological allies, as ambassadors,
- 7:34but really as converts to America's specifically ranch flavored democracy.
- 7:41Soterios Johnson And that monster truck version of the plan there from the late 80s is that
- 7:48cultural context. But let's take us back to the 50s, where everybody talked like this. And they
- 7:52were all, you know, making big plans for America, you believed in American institutions. That's,
- 7:59that's that's how it was to me. I mean, it wasn't how Beaver Cleaver or whatever talked. I don't
- 8:04know. Apparently everybody was from a Chicago suburb in the 90s. That's right. That's right,
- 8:08Joshua. We all were. That's how it was. That's the way it was. All right. Let's see if we can
- 8:12recover if we can find the thread again here. But let's sit with that for a second. Okay. At least
- 8:16Fulbright says the quiet part out loud. And I mean, it's the quiet part these days, right? It sounds
- 8:21very propaganda brainwashy. But also back in those days, they really may have believed and I know many
- 8:27people did believe that they were sort of the I mean, obviously, America had been proven to be the
- 8:31greatest country ever, of all time, hands down, no fire, no arguments, no debates, the goats,
- 8:37because we won World War Two, right? That was our claim to fame. People thought that they were
- 8:42going to then export American values and institutions and save the rest of the world that way. So, you
- 8:48know, but at the same time, Fulbright's like, hey, we're not giving it away for free. We also want
- 8:52something from you. We want your mind. We want to reshape it. We want you to go back and tell everybody
- 8:56that America has the right answer when you go back home. Yeah. Which, look, I mean, compared to kind
- 9:01of what comes later and what we're seeing today, that's almost refreshingly transactional, right?
- 9:06I mean, the problem is what gets built on top of that foundation. We talk about building on the
- 9:11shoulders of giants, but there is a scenario where it becomes topsy-turvy at the top, right? Because
- 9:16Fulbright's program is the first brick in this wall, and every brick that comes after it sort of
- 9:23assumes the same thing, right? It assumes that a foreign student is a resource to be managed
- 9:29toward American strategic ends. This is the sort of the operating assumption baked into every piece
- 9:37of legislation that follows these beliefs and ideas. And the students themselves are not part
- 9:43of that conversation. Yeah, they're not even, I mean, they're not even adjacent to it, right? So,
- 9:47fast forward 11 years, like we talked about in '65, Emmanuel Celler is in the House, right? Philip
- 9:53Hart is in the Senate, and obviously, LBJ was in the White House. And so, they're passing this
- 9:58Immigration and Nationality Act, right? So, most people know this law for what it did to family
- 10:05based immigrations, for abolishing the national origins quota system. And that was the headline,
- 10:11that was what was sort of in the newspaper at the time, but buried inside of that legislation,
- 10:16earmarked in all the pork, is the architecture of the F-1 student visa system. And what that
- 10:22architecture does is extraordinarily specific. It makes the university the gatekeeper, man. See
- 10:28how we went moving to the '60s there? Okay. Yes, it does make them the police
- 10:33of the institution. It makes the university the gatekeeper of your legal existence in the
- 10:38United States, right? So, your visa is not tied to you as a person. And I think sometimes we forget
- 10:43that, right? Like, we see it as being tied to a person who has to apply and, you know,
- 10:48re-up at every year. But it's tied to your institutional sponsor. You're not a student
- 10:53in the sense that an American student is a student, right? You're a sponsored dependent.
- 10:58And that distinction matters only because if you fall out of favor with that institution,
- 11:04right? If you drop below full time because you just need an extra break because you're working
- 11:09two jobs to keep the rent paid in addition to going to school, if you switch programs,
- 11:14right, to a different major, just decide you're going to change your major without getting it
- 11:18approved. If you do anything that the sponsor, in this case, the institution, deems non-compliant,
- 11:25your legal right to be in our country evaporates. Not a process, not a hearing.
- 11:30It's gone in the blink of an eye. If you'd like to dig deeper into this subject, listeners,
- 11:34and this may be the only time we ever sponsor or promote this book, Greenlights by Matthew McConaughey
- 11:40actually has these experiences as an exchange student. Alright, alright, alright. That's right.
- 11:46You know what that sounds like to me though, honestly, it sounds like, well, on the one hand,
- 11:49it's kind of like a chaperone system or nanny system where they assign the university to like
- 11:54make sure you're following the right procedures or else you're gone. But it also sounds like a
- 12:00lease agreement where the landlord can change the terms at any time and your only option is to move
- 12:04out. You don't like the terms. Yeah. It's like a shitty parent or a job where your employer holds
- 12:11your work authorization, which, spoiler alert, is exactly what comes next because the H-1B visa,
- 12:18which Congress then creates through the immigration act of 1990 and doesn't take full effect until
- 12:241992, is the next layer. It's the next brick of the architecture that we're building. So Ted Kennedy
- 12:30and Bruce Morrison built you a pipeline that takes the foreign student who's just graduated
- 12:35from the American university and converts them into a temporary worker who is again bound to an
- 12:42employer sponsor. You can't change jobs without risking your status. You can't start a company
- 12:49without risking your status. The Economic Policy Institute has documented extensively how this
- 12:56actually suppresses wages, how employers use the threat of status revocation as a labor control
- 13:02mechanism. I saw this quite a bit working in the technology industry where specifically Indian
- 13:08American or Indian and Pakistani employees I would work with every day. When the actual topic of
- 13:16salary came up, they were making sometimes 50% of what the going rate was in America because they
- 13:22said, "Oh, well, they also sponsor our visa," which is something like $20,000. It is. It costs about
- 13:29$20,000 for a company to sponsor a visa, but that's once. Once it costs $20,000 and then it's just
- 13:36re-upped every year and there's no additional cost to the employer from what I understand.
- 13:41They say, "Well, we're going to dock your pay by 50% for a one-time payment of $20,000 and we're
- 13:48going to keep that updated for you." But I saw it happen consistently with my fellow employees
- 13:57working in the trenches doing the same work, same tools, same life, same cost of living,
- 14:03but they were making half of what we were. Wow. That is awful. Joshua, you said this took full
- 14:09effect in 1992? Yes. Each one visa? Okay. So in that case, read my lips, not going to do it.
- 14:17That's your 1990s voice because this is not a conspiracy theory.
- 14:22Uh, read my lips. This is documented. This mechanism is not subtle. You tell someone if
- 14:27they ask for a raise or try to leave for a competitor, they might lose the legal right to
- 14:30be in the country and you've created a compliance structure that no American worker faces.
- 14:34That is not opportunity, that's leverage. That's indentured servitude is what it is.
- 14:38That is exactly what it is. It's leverage. And here's the part that makes sort of the part of me
- 14:44genuinely angry. You're looking at a, a two stage trap, right? So stage one, the F1 visa
- 14:51ties you to the university. Step two is the H1B ties you to your employer and in between those
- 14:59stages, there is a very small mechanism called optional practical training, O P T, which the
- 15:07department of Homeland security expanded in 2008 under Michael Chertoff. And this one,
- 15:14dear listener, this one I need you to really hear. Tell him Joshua. Chertoff's DHS extends O P T for
- 15:21STEM graduates from 12 months to 29 months. That sounds like a gift, more time to work,
- 15:29more time to transition, but here's what it actually is. It's an interim rule, not passed
- 15:36by Congress, not authorized by statute or law, an administrative rule that allows universities and
- 15:43corporations to use foreign graduate labor at below market rates while those graduates sit
- 15:51in a legal limbo waiting for green cards that might or might not come. And in 2024, a federal
- 15:58judge named Amit Mehta would vacate that rule entirely, finding it was improperly used without
- 16:04congressional authorization, potentially throwing hundreds of thousands of people's work authorization
- 16:10into question overnight. Wait a second, how long? So a rule that affected hundreds of thousands of
- 16:15people's ability to legally work in the U S was issued without Congress ever voting on it. What
- 16:20is this 2025? Right. Or 26, without Congress ever voting on it. Michael Chertoff signed it as an
- 16:27interim final rule. It actually went into the Federal Register on April 8th, 2008. We were
- 16:32probably distracted by other things at the time. It affected the lives of hundreds of thousands of
- 16:37people. There wasn't a floor vote. Nobody debated it. It was not a democratic authorization and it
- 16:42held for 16 years until a district court judge said, actually, no. I don't know why I'm still
- 16:48surprised by things like that. Wait, I'm not. I'm not. Right. Exactly. It's not a feature. It's a
- 16:54bug, right? And the ambiguity is useful, right? If your legal status is always contingent on this
- 17:02administrative rule that can be vacated or rewritten, you're really never secure.
- 17:09And people who are never secure are people who don't make waves. They don't cause trouble. They
- 17:15don't rabble-rous and they certainly don't show up to protest. Can I take us back to a different
- 17:20decade for a second, Joshua? Because I keep coming back to 1979 and I think it's the moment
- 17:25that clarifies what all of this infrastructure is actually for. Okay. November 1979, to be specific.
- 17:31I don't have a seventies voice for you all, so you'll have to deal with my regular one. Yeah.
- 17:37There you go. November 1979. Iranian students have taken American hostages in Tehran.
- 17:45Jimmy Carter's in the White House. Cyrus Vance is at State and Carter issues presidential proclamation
- 17:514702. He orders a review of every Iranian student visa in the U.S. Not Iranian students who had done
- 17:58anything. Not Iranian students with any connection to the hostage takers. Every Iranian student
- 18:04because they were Iranian. And this is the reveal, right? Like everything we've been describing,
- 18:09the institutional sponsorship, the visa dependency, the surveillance structure that comes later,
- 18:17all of it really only makes sense when you understand that the foreign student was never
- 18:21really a person under this system, right? They were always also a diplomatic chip.
- 18:28Carter at the time needed leverage. And look, I look at Carter with reverence. I wish we had
- 18:34a president that was more like Jimmy Carter, but that doesn't make him immune from mistakes.
- 18:40And this is one of his mistakes because he needed leverage. He had 52 Americans in captivity and he
- 18:46reached for the closest available lever, which was 14,000 Iranian students who were here studying
- 18:54engineering and medicine and literature and had nothing to do with any of them. 14,000 people who
- 19:00built lives here who were enrolled in academic programs, who had friends, apartments, routines.
- 19:06And the president could say by proclamation that their status was now under review
- 19:10because of where they were born. And the legal infrastructure to do it had been sitting there
- 19:14since 1965, right? Carter didn't build anything new. He just used it in a way that was already
- 19:23in place. And that's the thing about these systems, right? We don't design them to be weapons from the
- 19:30start. We didn't design all of these levers currently in the existing presidency in a way
- 19:36that they were meant to be exploited. You don't have to design them to be weapons from the start.
- 19:40You just have to build them in a way that makes them easy to weaponize later, which is exactly
- 19:45what we're seeing right now. That's really the TLDR of this portion of the episode of listeners.
- 19:52You don't have to design them to be weapons from the start. You just have to be able to use them as
- 19:56weapons later. Because Fulbright wasn't thinking about deportation orders when he was building
- 20:00his exchange program in 1954, right? Johnson wasn't thinking about mass visa revocations when he
- 20:06signed the Immigration Act in '65. But they built a system in which a foreign student's presence in
- 20:11this country is always conditional, always contingent, always subject to the political needs
- 20:18of whoever's in power. And once you build a system like that, you can't be surprised when someone uses
- 20:23it. That's why we used to hear in the 90s all the time, "I don't think they should have that power,
- 20:30because I don't want the next guy to have that power." Even if we know that this guy's not going
- 20:35to use it, it's why this system has been ever so slowly creeping in the... We talk about the law
- 20:42not going fast enough, and I'm guilty of it myself, but it doesn't go fast this way so that we can have
- 20:47time to think about the possible ramifications and fix them before it becomes law.
- 20:52Yeah. That's the backdrop. And then 2001 happens, right? John Ashgrost and George W. Bush need this
- 20:59surveillance system we talked about before. They build Sevice, and then make the students pay for
- 21:04it, right? $200 to have the government watch you, right? To basically pay some government agent
- 21:11or government worker to watch you do whatever you do. And I just want to say out loud one more time,
- 21:16because the audacity of this is genuinely shocking. You're paying for your own monitoring
- 21:21infrastructure. Yeah. The Sevice fee is actually documented. It's in the Enhanced Border Security
- 21:27and Visa Entry Reform Act of 2002. Now, I was 18. It's not a conspiracy, right? It's a line item.
- 21:34We're not a conspiracy podcast. If that's what you were thinking that this was, sorry, you showed up
- 21:38on the wrong one. Go to the other overlap. Foreign students basically pay this fee when they arrive.
- 21:45They fund the database that tracks every enrollment change, every address update, every deviation
- 21:52from their approved status. And if someone in a federal building just has an inkling that your
- 21:58record should disappear, they can click a button and you are legally speaking disappeared. Right.
- 22:04If that sounds like, oh, like probation. It's because it is essentially. But for people who've
- 22:08done nothing wrong, we're going to show you exactly what that button looks like when someone presses
- 22:11it in 2025. But I need people to understand before we get there, the button existed because
- 22:17the decision was made in 1954, 1965, 1979, 2001, 2008. This is not new. This weapon was manufactured
- 22:27over 70 years by people who told themselves they were building opportunity. Yeah, they were building
- 22:33opportunity, right, for American universities, for American corporations, for American foreign policy.
- 22:39The foreign student was the raw material. And in 2025, the raw material is being reminded exactly
- 22:46of what it is. So let's talk about March, 2025, because that is when our current president pressed
- 22:54the button and not metaphorically, not as a, as a policy shift announced in a press briefing with
- 22:59talking points and a Q and a period, right. Students checked a government database and found
- 23:05out that they don't exist anymore. That's the sentence. They logged into Sevus, the system that
- 23:11they paid to build and their records said terminated. And I think we need to be precise here
- 23:16about what terminated means in this context, because the word does a lot of work. It does not
- 23:20mean your visa application was denied. It does not mean you received a letter with a process attached
- 23:25to it. It means your legal basis for being in the U S was erased with no, often no stated cause and
- 23:31often overnight. So you wake up the next morning and you're done, you're out. The American immigration
- 23:37lawyers association was sending emergency alerts in March and April of 25 while Reuters was still
- 23:43reporting on it. So the ACLU litigation tracker was filling up in real time and the stated
- 23:48justifications when there were any, if they were lucky, had things like minor traffic infractions,
- 23:55speeding, left turn without signaling, dismissed charges, charges that had been expunged. And in
- 24:01some cases, the justification was that the student had attended a protest attended, did not participate
- 24:08necessarily, was present at a protest on a university campus. Which brings us back around
- 24:14to Ms. Osterk. And I want to say her name correctly and fully because the way these cases get processed
- 24:20in the new cycle, the name's blur and that blurring is itself a mechanism of the system.
- 24:26Mesa Osterk, Turkish doctoral student, Tufts University, detained in Somerville, Massachusetts
- 24:33by plainclothes DHS agents in March 2025, excuse me, March 2025, and transferred to a detention
- 24:39facility in Louisiana. Louisiana. She was at Tufts in Massachusetts and they flew her to Louisiana.
- 24:47There is a geography to this that is not accidental. You move someone far enough from their institution,
- 24:55from their legal support network, from their community, and the logistics of fighting back
- 25:01become a significant portion of the fight itself. And we all know that news travels by
- 25:05Piro in Louisiana. So, you know, I mean, the chances of getting back to your institution
- 25:10are slim to none. We don't need you spreading any of these stereotypes.
- 25:16To the stated basis for her detention. And it was a co-authored op-ed, right,
- 25:20in the student newspapers. I mean, does it get more American than that,
- 25:23writing a protest piece in the student newspaper? But like the definition for the first amendment?
- 25:28Right. But Tufts' response, her article is about Tufts' response to the Gaza conflict. So she's not
- 25:34even criticizing the US. She's criticizing her own institution, which remember, had been set up
- 25:39to basically control her access to continue existence in the US. The next thing you know,
- 25:44her F1 visa has been revoked without notice. And I keep her turning to this 1979 parallel here,
- 25:49because Carter did not give the Iranian students notice either. This is like a review. It's being
- 25:54ordered. It's done before they even find out about it, right? And then you're subject to
- 25:58deportation without even knowing why. This is just a new target, but it's the same architecture being
- 26:04utilized here. Yeah. Kristi Noem, you know, dog killer, Barbie, was still running this in 2025.
- 26:12The Secretary of Homeland Security, who's now Mark Wayne Mullen, you have to say it really fast
- 26:17because his first name is two names, but it's really just one name. Mark Wayne. Mark Wayne.
- 26:23The DHS budget for immigration enforcement in 2025 last year was requested at $25.3 billion.
- 26:32$25 billion. Part of what that money is doing is paying ICE agents to put doctoral students
- 26:41in vans and drive them across state lines because of newspaper editorials.
- 26:47And most of them probably can't even read. But then there's Mahmoud Khalil. And this one I need
- 26:52people to sit with because this is not an F1 visa case. Mahmoud Khalil was a lawful permanent
- 26:58resident. Here are those two modifiers there, lawful permanent. He had a green card. He was
- 27:04a graduate student in Columbia, and the Trump administration arrested him in March 2025 and
- 27:09invoked a provision of the Immigration and Nationality Act that allows deportation of
- 27:13non-citizens deemed, deemed, again, that's a key word there, deemed adverse to U.S. foreign policy
- 27:19interests. No criminal charges, no conviction, which means no appeal. It's just a foreign policy
- 27:26certification. Signed by Mark Rubio. Secretary of State personally signed that certification.
- 27:32And the provision they use, section 237A4C of the INA, is not a new law. It's been sitting
- 27:42in the statute for years, and it's rarely, if ever, actually invoked for any reason.
- 27:47Because the implications of evoking it are ginormous. They're saying that the executive
- 27:53branch can deport a lawful permanent resident for political speech by certifying unilaterally
- 28:03that their presence is contrary to foreign policy. Folks, it's not a huge step from lawful permanent
- 28:08resident to citizen, just in case you're wondering. But regardless, this is not a legal standard.
- 28:14It's like an oath, the pledge, and a pay for the driver's license.
- 28:18It's a ceremony with some pictures taken of the judge and, you know,
- 28:22your family dressed up next to the American flag. Yeah. But this whole idea of deportation under
- 28:28this particular section of the INA is not a legal standard. Let's be clear about that. It is not a
- 28:34legal standard. It's a preference. It's a feeling dressed up in statutory language. We deem you to
- 28:39be a risk, right. We deem you to be contrary to American interests. And the courts are fighting
- 28:44about it right now. As of April 2025, while Mahmoud Khalil sits in a detention facility in, wait for
- 28:50it, Louisiana, same facility, different name, same state. There's apparently one facility in Louisiana
- 28:55doing a lot of work this past two years. Dark thought, but yes. And then there's Yoon Seo Chung,
- 29:02and this is one that I think people need to hear most clearly in terms of what the system is
- 29:06actually capable of. We have a South Korean permanent resident again. Legal permanent resident.
- 29:16Exactly. Columbia University student. She's lived in the United States since she was seven years old.
- 29:22Seven. And the government moved to revoke her green card using the same foreign policy provision
- 29:27used against Mahmoud Khalil because she attended campus protests. Attended campus protests.
- 29:34The federal judge actually issued a temporary restraining order. She was not deported,
- 29:39but they made the attempt. They tried. And the attempt is the point because you don't have to
- 29:44succeed at deporting someone who's lived here since seven to send the message, right? The message is,
- 29:50this can happen to you. The message is your presence is conditional. And that message is
- 29:56worth more to this enforcement apparatus than any individual deportation out.
- 30:01Right. And I want to say this to anybody listening now. If you're an international
- 30:04student, you already know this. You've known it your whole time here. You've been read in by the
- 30:09other students for the one before you. You check your service status the way other people check
- 30:13their bank balance, right? You're always watching to see what's happened because you won't get any
- 30:16advanced warning necessarily. You know which professors are safe to talk to about politics.
- 30:21You know which protests you can attend and which ones you can't. Not because you don't
- 30:24have opinions, but because your legal existence is a variable that can be adjusted by someone
- 30:28you'll never meet. Think about that. Think about living that way. And where does that sound like
- 30:32you are? Does it sound like you're in a free democracy? Or does it sound like the old horrors
- 30:36of communism that we used to hear about all the time? I mean, this is not a free country. This
- 30:40is a managed population we're talking about. If you are a domestic student listening to this
- 30:46and you're thinking that, you know, this doesn't really affect me. It's not going to touch me. It
- 30:50doesn't bother me. I want to walk you through the $40 billion because that's what universities
- 30:55collected in tuition from international students in 2022. 40 billion. The NSF reported that same
- 31:02year that foreign students earned 40%, 40% of all doctoral degrees in science, engineering,
- 31:11technology, and math, the big STEM in the United States. 40%. Those are people building the
- 31:17research infrastructure of American universities. Those are graduate students running labs that get
- 31:23grants to fund the institutions that your tuition dollars also support. And when you revoke their
- 31:29visas in bulk without notice, without cause, they're not the only ones harmed by it. You
- 31:35destabilize entire research programs. They're part of the system. They're part of the machine of
- 31:40research in America. And when you breach their contracts, implicit or explicit, the universities
- 31:46made when they recruited them. I mean, these are all consequences of what happens here. You take
- 31:50the $40 billion revenue model and you introduce a variable that no admissions office can manage.
- 31:55Why would a family in India or China or Turkey pay full international tuition to send their child
- 32:00to a country that might detain them for writing an op-ed, co-writing, sorry, co-writing an op-ed?
- 32:06Yeah. This is the part that connects directly back to what we talked about at the beginning,
- 32:09right? The system was always built on extraction. Come here, bring your talent, pay full freight,
- 32:15no financial aid, take the OPT extension at below market wages, wait in the green card backlog for a
- 32:23decade, fund your own surveillance through SEVIS. And that was the deal. And the deal worked from
- 32:29the institution's perspective because the students kept coming because the alternative staying home
- 32:35often was worse. And now the administration is breaking the deal, right? Not by offering
- 32:39better terms, but by removing the pretense that there were terms at all. Todd Lyons,
- 32:44I think director of ICE, publicly stated that students who did not self-deport after visa
- 32:49revocation would be detained. So if they don't self-deport, meaning you check your service status
- 32:55and you find out you're out, you have to go buy a plane ticket and get back home because you can't
- 32:59stay here. That phrase, the self-deport has a history as well. But the point is that again,
- 33:04Todd Lyons says it out loud. He announces the coercion.
- 33:07The ICE detention budget for 2025 was $3.4 billion, $3.4 billion to detain people.
- 33:17And some portion of that money is now being used to detain doctoral students and lawful
- 33:21permanent residents who attended protests or just co-wrote newspaper articles. I want you to think
- 33:27of what that money could do if it were directed at, I don't know, anything else, like anything at all,
- 33:34if it could be directed toward helping in any reasonable way the rest of our country and the
- 33:40things that we're actively hurting from. Yeah. What else could we do with that money? Well,
- 33:45let's, I'll tell you who's not getting that money. And this is a comparison that doesn't get made
- 33:49often enough. It's migrant workers in agricultural labor or construction or in physical work
- 33:54industries, cleaning office buildings, doing all these sorts of hard physical jobs. The migrant
- 34:00workers have been exploited for a century since they've been recognized by the system, right?
- 34:07The conversation about those workers, the H2A visa holders, the undocumented laborers,
- 34:12involves a lot of appropriate moral clarity about the power differential.
- 34:16The employer holds the status, the worker cannot leave without losing everything.
- 34:20Yeah. So we don't often hear H2A. You know, the news has been pretty
- 34:27prevalently talking about the H1Bs. And look, I'll be honest, I have some issues with the way
- 34:33that we currently handle H1B visas in our country. I don't think that we're properly utilizing our
- 34:39workforce to the extent that we currently need H1B visa recipients, but that doesn't mean that they
- 34:46don't deserve the same protections that we do, right? That American citizens do. So we don't apply
- 34:53the same moral clarity to intellectual labor. The H1B visa worker at a tech company is in the same
- 35:00structural position as the agricultural worker on an H2A because it's the same system. Their employer
- 35:07is their sponsor, and they can't freely change jobs without risking their status or their legal
- 35:12ability to be inside the US. And they can't really advocate for better pay without actually risking
- 35:18their status. They're functionally bound to the employer the way a migrant farm worker is bound
- 35:24to the farm. The work looks different, the suit costs more, the structural dependency is identical.
- 35:31And those are the permanent employed workers. The F1 student is upstream of all that. The F1
- 35:38immigrant student is the one, there's a raw material, right, before it enters the pipeline.
- 35:42They're paying for the privilege of being processed into our system. In the Washington
- 35:46Alliance of Technology workers case, the ruling in April 2024, where a federal court vacated the DHS
- 35:52ruling expanding the OPT STEM extensions, that case was brought by American tech workers arguing
- 35:58that OPT programs suppress their wages. So again, this is for different reasons, but they're attacking
- 36:03the program as well, basically saying, "Hey, if you let them stay as indentured servants for
- 36:08this many months longer, this many years longer, it's lowering our wages, right, because they're
- 36:14competing with us for jobs." And they're right, but the foreign students were also being exploited.
- 36:19Both things are true. The system is designed to extract from everyone while appearing to benefit
- 36:23everyone. So Judge Amit Mehta vacated the rule, right? DHS issued a new rule to preserve the
- 36:31existing program, which was deemed to be unconstitutional because the program is too
- 36:36valuable to the industry, the entire industry of technology world, to let a court ruling stop it.
- 36:4440% of STEM doctors, 40 billion in tuition, 25 billion in enforcement spending. That's not
- 36:51a coincidence. Those are budget lines in a system that has been running continuously since 1954,
- 36:58when Fulbright framed exchange students as Cold War assets.
- 37:04-I mean, they learned everything. That's the answer to the question we asked at the top.
- 37:08They didn't fail to learn the lesson, they mastered it. They built the system so thorough,
- 37:12so well-documented, so bipartisan in its authorship that you can revoke the status of a woman who has
- 37:17lived here since she was seven years old, point to a statute, a certification, or a database entry,
- 37:22and say, "We followed the process." -Process is the point though, right? The process was always
- 37:27the point. And Rumeyska Ozterk is in Louisiana because 70 years of process made it possible.
- 37:35So let's talk about Rumeysa because we've been talking about systems and budget lines and
- 37:39statutes and I think sometimes, well, I think most times that's necessary, right? You have to
- 37:44understand the system and the architecture and the history before you can really understand what it
- 37:49actually does to people. I want to talk about what it does do to people. Rumeysa Ozterk is
- 37:55a Turkish doctoral student. She is studying at Tufts University, but as of March 2025,
- 38:01she is walking in Somerville in the plane, close, surrounded, and detained. No warning, no prior
- 38:07notice. She's not been charged with a crime. It's not a flight risk. She was a doctoral student
- 38:12walking down a street in Massachusetts. -Let's take a second with that image. I mean,
- 38:19plane close agents, she wouldn't have known she was under arrest until suddenly she's free. Like,
- 38:23she's walking to class or walking wherever she's going free like anybody else entitled to be there.
- 38:29The next thing you know, you're being deported. -So the stated basis for her detention,
- 38:33the reason the government gave for revoking her visa, it was the op-ed, right? She was
- 38:38writing a newspaper article in Gaza. That was the documented basis, a student newspaper opinion piece.
- 38:45-She wrote some words in a student newspaper about a university's institutional response to
- 38:50a geopolitical crisis. The government of the United States of America revoked her legal status
- 38:56in Florida, Louisiana. -Of course, like we talked about previously, they transferred her to an
- 39:01immigration facility in Louisiana, not in Massachusetts, not near her university,
- 39:04not near her legal representation. She found out her visa had been revoked from a letter, not a
- 39:09phone call, not from any official notification. The way students were finding their status had
- 39:13been canceled in this period was by checking government databases. You log in, you look at
- 39:17your record, it says terminated. That is how you learn that your life in this country has been
- 39:22revoked. -I keep thinking about what that moment is like. You're a doctoral student, you've built
- 39:29something here, you've got years of work at dissertation. I mean, you're building a research
- 39:33plan, you're contributing to this great nation. You got a department that you work in, you have
- 39:37colleagues that you see every day, a neighborhood that you walk through in the morning, and you open
- 39:42up a database and it says terminated. That word terminated, applied to a life. -Here's the thing I
- 39:47want to connect with this, because I think it's important. Rumeysa Ozturk is an intellectual
- 39:52laborer. She's a doctoral student, a researcher, a writer. Her labor is cognitive, her product is
- 39:57ideas, and her visa, her F1 status, and the legal instrument that bound her to the institution,
- 40:04just like an H2A visa, binds a migrant farm worker to a specific agriculture employer, the farm
- 40:10worker can't leave the farm without losing status. Ozturk could not leave the university
- 40:14sponsorship without losing status. The work looks completely different, the legal dependency is
- 40:20structurally identical. -And that's what it comes back to really, is that this is not about deporting
- 40:24people, it's not about getting rid of people. The idea is to keep the other ones under control.
- 40:28The people that are picked up and deported are just examples being made of people who speak out.
- 40:34So if you talk in the wrong, if you show up at the wrong protest, or you write a paper or an op-ed
- 40:39in the wrong newspaper or the wrong topic, they're coming for you. -Yes. So that same farm worker who
- 40:45speaks up and organizes the one who protest conditions faces retaliation from the same
- 40:50mechanism, the visa, the status, the threat of removal. We treat it as two separate systems
- 40:55because one involves fields and one involves, you know, academia. But the control mechanism is the
- 41:01same. You're here because we allow you to be here and we'll stop allowing you to be here if you cause
- 41:07problems. Which leads us to Mahmoud Kamil. He was Palestinian, Algerian, graduate at Columbia,
- 41:14lawful permanent resident, not an F1 visa, not a temporary status, green card holder,
- 41:20which green means go, right? ICE agents arrested him following his visible role in a pro-Palestinian
- 41:26campus protest at Columbia. -And we already talked about what it means that he had a green card,
- 41:29right? It means the next closest thing to a citizen. Like Joshua said, there's only another
- 41:33standing between him and citizenship. -And the Trump administration, of course, invoked a rarely
- 41:37used provision of the immigration nationality act, which allows deportation of non-citizens deemed
- 41:42adverse to the United States foreign policy interests. No criminal charges, no conviction,
- 41:46no allegation of violence or fraud or any specific unlawful act. The basis was his political activity,
- 41:52his presence at protest, his speech. A federal judge blocked his immediate deportation and then
- 41:56a secretary of state Marco Rubio personally signed a certification. A formal state department
- 42:01document stating that Mahmoud Kalil's presence in the United States was contrary to foreign policy
- 42:05interests. -Say what you will about the Trump administration, but they do have some, a deep
- 42:09bench when it comes to legal history, right? And they can dig through some statutes and some
- 42:13case law and find some context. -God, can they? They just keep quoting 17th and 18th century stuff.
- 42:18And I'm like, is our country even alive then? -It's a never ending found of that sort of stuff. Yeah.
- 42:25-Yeah. So we talked as well about Yoon-Seo Chung and we, I'll go through it briefly. South Korean
- 42:34student at Columbia University, came to the United States when she was seven. She lived here for the
- 42:38majority of her life. She's a permanent resident green card holder. And the government sought to
- 42:43revoke her green card to deport her. Same foreign policy provision used against Mahmoud Kalil.
- 42:48The basis was her participation in campus protests, just seven. -Seven years old when she gets here.
- 42:53This is not a place she chose as an adult with full understanding of why she was here or what
- 42:57the consequences could be if she spoke up. This is a country she grew up in. This is home to her,
- 43:03right? In every sense of the word can mean this is home to her. And she shows up at a campus protest.
- 43:07And she was lucky, you know, a federal judge issued that restraining order blocking her deportation.
- 43:13But the case established something that is genuinely important for people to hear.
- 43:18It established that long-term permanent residents, people with deep roots, people who have spent
- 43:23their entire adult lives here, who are culturally as American as anybody else, who arrived as children
- 43:30are not protected. Their status can be targeted. Their green card can be challenged. Their home can
- 43:35be taken because of political speech, because of what they said at a protest. -So we have three
- 43:39people, three very similar stories. A doctoral student detained for an op-ed, a grad student
- 43:44detained for protesting, and a woman who's lived here since childhood targeted for the same reason.
- 43:50All three of them discover what so many migrant workers already know. What people pick crops and
- 43:55clean hotels and work and meat processing plants have always known. Your status here is conditional.
- 44:00That condition is compliance. And the moment you become visible, the moment you use your voice,
- 44:06like we all tell every American they have the right to do, the system that invited you here
- 44:10will remind you exactly how temporary its welcome has always been. -And like always,
- 44:14these are not edge cases. These are the system working exactly as it was designed.
- 44:18So let's just say it plainly. What we've been documenting for the last, I don't know, 45 minutes
- 44:23or so is not a series of policy errors. It's not an overcorrection. It's not a bureaucratic confusion.
- 44:30The evidence points in one very specific direction. The United States has built a system that imports
- 44:35human capital, extracts all of the value from it, and then reserves the right to expel it the moment
- 44:42that capital becomes inconvenient. That's true for the doctoral student writing an op-ed. It's true
- 44:47for a graduate student at a protest. It's true for a woman who arrived at seven years old. And that
- 44:53has been true for decades longer for the person picking strawberries and salinas, the person
- 44:57cleaning rooms in Las Vegas, the person cleaning a processing line at a meatpack and plant in Iowa.
- 45:03The mechanism is different. The visa category is different. The paperwork is different,
- 45:08but the vulnerability of that between both is identical. -You have students tied to institutions,
- 45:16workers tied to their employers. In every case, the mechanism is the same.
- 45:21Your presence here is contingent on your usefulness and your silence and your cooperation.
- 45:25So I guess the question is, what do you do with that, right? If you're listening to this and you're
- 45:29angry, good, stay angry. I mean, touch grass a little bit, but it's okay to be angry about
- 45:34this kind of stuff. So let's get specific about where to put that anger. Here's what I would do
- 45:39first. I would go to the National Immigration Law Center at NILC.org. They're not a petition
- 45:45organization. They're not a change.org sort of a thing. They are in court right now. They have been
- 45:51litigating the legal challenges to executive orders that created the conditions we've been describing.
- 45:57If you donate, your money is going to go directly to legal infrastructure that has been
- 46:01actively blocking deportations. If you're not in a position to donate, they publish plain language,
- 46:06Know Your Rights materials that you can share. Print out a couple of copies, give them to your
- 46:10friends that you know are concerned about these sorts of things. Put them in a group chat, get them
- 46:15in signal, send them to the international students at your local university, send them to the workers
- 46:20at the restaurants where you eat lunch. That information is a form of protection. And the legal
- 46:24path matters enormously here. And I want to add something specific to that. The ACLU's Immigrants
- 46:30Rights Project, which is at ACLU.org/immigrants-rights is currently tracking litigation across
- 46:40multiple federal districts. The Chung case, the Kaleel case, the cases we haven't even covered,
- 46:45because there are many more of them. Those are being monitored and in some cases actively
- 46:49supported by this project. So what litigation does, the direct pressure alone cannot always do,
- 46:54is create precedent. But that's what the ACLU is in the courtroom. The court ruling says that you
- 46:59cannot revoke a green card for protected speech. It does not just protect one person, it protects
- 47:03the whole framework. It's slow. I know it's slow, but it's durable in a way that a single
- 47:10news cycle is not. So the second thing I'd do is I'd get connected to something local. And I mean
- 47:14that like genuinely local, right? Like not like a national organization with a local chapter that
- 47:19sends you emails. I mean, find out who is doing sanctuary work in your city. Find out which labor
- 47:26organizations are actively working with migrant workers in your region. For agricultural workers,
- 47:32specifically the United Farm Workers Foundation runs the UFW Foundation Citizenship Project
- 47:37at ufwfoundation.org. They do direct legal assistance. They do know your rights outreach
- 47:43in the fields. There are people who have been living inside of this vulnerability for generations.
- 47:49And they've built infrastructure for it. Connecting to that infrastructure, volunteering, showing up,
- 47:54translating if you have that ability, driving people to appointments. That's just what's needed.
- 48:00It's not glamorous work. It's not fun. Sometimes it's literally just being an uber when a person
- 48:06can't really afford an uber. But that is the work. Now, for the intellectual labor side of this,
- 48:11specifically for international students and researchers, I want to name the National
- 48:15Postdoctoral Association at nationalpostdoc.org. They've been pushing for structural reforms to
- 48:21OPT and H-1B dependency for years. That's a longer game, but here's the specific ask.
- 48:27Contact your congressional representative, and I mean specifically go to house.gov/representatives/findyourrepresentative,
- 48:34put in your zip code, find the name, and ask them specifically where they stand on OPT reform.
- 48:39Whether they support legislation that decouples immigration status from single employer
- 48:44sponsorship, because that's a concrete and nameable ask. It's not vague. It gives the staffers who
- 48:50answer the phone something to actually log. Yeah. And this week, specifically this week,
- 48:55go to the Immigrant Defense Project at immigrantdefenseproject.org. They have a
- 49:00rapid response network. So if you live near a detention facility, if you live in a city with
- 49:05a significant immigrant population, you can actually be trained to respond when someone is detained.
- 49:11So that's something that you can do with your body and your time, not just your money.
- 49:14And here again, we completely agree, without any daylight between us, every single person
- 49:19we talked about today, Mahmood Khalil, Yun-Seo Chung, the unnamed H-2A worker, the OPT graduate
- 49:25afraid to report wage theft. I mean they were invited here by the US government.
- 49:29They were told their labor, their minds, their presence had value. They built lives inside that
- 49:34invitation. And the moment they became inconvenient, the welcome was revealed to be a lease agreement
- 49:39with conditions buried in the fine print. And the condition was always the same. Be useful,
- 49:44shut up, and disappear when we tell you to. Again, we started this new segment at the end
- 49:51where we talk a little bit about what sort of surprised us from the research, what sort of
- 49:55surprised us from our findings. So what got me is the $200. After September 11th, the government
- 50:02looked at a foreign student and said, "We need to build a surveillance system that tracks you."
- 50:08And then they made the students pay for it. $200. I mean, it doesn't seem like a lot in the grander
- 50:12scheme of things, but this is to basically pay for the infrastructure of their own monitoring.
- 50:17It's like with no crime, forcing someone to wear an ankle monitor and force them to pay for the
- 50:22ankle monitoring service, right? That's not bureaucratic oversight. That's a hostage paying
- 50:28for the lock on the door and nobody blinked. It passed. It became policy. It became normal.
- 50:33That is the specific thing that followed me, I think from all of the research we did for this
- 50:37week's episode. I think the thing that stuck with me was the Fulbright Framing back in 1954. The
- 50:43rationale for bringing people here, win ideological allies, recruit talent, and it was never dressed
- 50:47up as a generous, as a gift to humanity. It was always about benefiting the US government.
- 50:54Basically, like I said, they said the quiet parts out loud. And then 70 years later, we collectively
- 50:59acted surprised when the system treats people like instruments, right? The surprise is the part I
- 51:03don't understand. The blueprint was always public. I mean, these people were essentially wards.
- 51:07It's not a free people who are here to contribute to the system. They were here to be extracted,
- 51:16to have their information and knowledge, their work were extracted from them and then told that,
- 51:21"Hey, you're going to stick around. You better mind your Ps and Qs."
- 51:25Yeah. So look, we told you the three things that you could do right now. A couple of other things,
- 51:30if you want first, you can go to the Student Barrier Protection Center. That's been documenting the
- 51:34financial exploitation of international students specifically, the way tuition dependency and visa
- 51:39dependency kind of compound in each other. That's at studentbarrierproject.org. They have a reporting
- 51:46portal. So if you know an international student who's been financially exploited by their
- 51:49extitute, that story needs to be in a database somewhere. So please do put it there.
- 51:53Second, Detention Watch Network at detentionwatchnetwork.org is specifically focused
- 51:58on conditions inside immigration detention facilities. And given that Ramesa Azturk was
- 52:03transferred from Massachusetts to Louisiana, given that Mahmood Khalil has been sitting in a detention
- 52:08facility in Louisiana for weeks, the geographic isolation of the detention is part of the
- 52:13punishment. The detention watch has a map of facilities in a community visitation program.
- 52:18So showing up in person at a detention facility as a community member changes the calculus for
- 52:22what gets done to people inside. Again, it's documented, it's real.
- 52:27Third, you can go to the Economic Policy Institute at EPI.org. It has a wage tracker specifically for
- 52:32H-1B employees, sorry, employers. So you can look up the companies. You can see what they're paying
- 52:36versus the prevailing wage. And if you work in tech, if you work adjacent to tech, if you know
- 52:42someone who is navigating an H-1B situation, that tool exists and most people don't know it's there.
- 52:47So use it, share it, name the companies that are suppressing wages under the program's legal cover.
- 52:52And here's what I keep winding on. The students in these cases did not come here
- 52:55knowing the risks. Most of them came before these risks were even visible. They came because they
- 53:00believed the invitation was real. And I think that that belief is worth protecting. Not because it
- 53:05was always honored, but because the alternative, a world in which nobody believes the invitation
- 53:08anymore, is just a much darker place to live. I mean, this could be a program that benefits
- 53:14everybody. We can still make that true. We can still bring about that reality. And that part
- 53:18is actually going to be up to us. And you can find everything we've talked about across these
- 53:22episodes now at fof.foundation. We're on Castapod, Apple Podcasts, Spotify. Leave a review if you
- 53:29have something to say and five stars to offer. We read them. Yes, we do. Also, I want to make sure
- 53:35that you tell one friend about this podcast and make sure to rate us wherever you're listening to
- 53:39this. Five stars or seriously GTFO? No, just kidding. If you do have some feedback on how we
- 53:44might be able to improve this, if you have a topic that you think would be interesting that you'd like
- 53:48us to cover, we'd be happy to give that a look over. You can email us at the overlap@fof.foundation.
- 53:56That's the overlap one word at fof.foundation. So I guess with that, I want to say something to
- 54:03everyone who listened to this whole thing. You sat with it, that matters. This country is built
- 54:08on a pipeline that starts with a recruitment brochure and ends with a detention facility
- 54:12in Louisiana. And it's been running continuously since most of us were even born. And the least we
- 54:19can do is sort of look at it directly. Well, Will, thanks again for being here with me today.
- 54:25Will G (Guest): Thank you for having me, Joshua.
- 54:26Josh Birk (Guest): Just, I didn't have you. You signed in just like I did.
- 54:30Will G (Guest): It's your studio, Joshua. It's your studio.
- 54:32Josh Birk (Guest): It is technically my studio. It's only because I pay for the subscription.
- 54:36Anyway, thanks so much listeners and we will see you next week.
- 54:39Will G (Guest): Thanks, everyone. Have a good week. Bye-bye now.
- 54:42Josh Birk (Guest): That's the overlap.
- 54:48[Music]