On a dark November evening, I find myself outside one of the units at a
garden-style apartment complex in Memphis, its parking lot alight in flashing
blues and reds. The police are here—about a dozen cars—responding to reports of
a violent crime. I’m accompanied by Mauricio Calvo, a 50-year-old local whose
friend Diego lives here. Calvo knocks. “Soy yo,” he whispers at the door—“It’s
me.”
“I told him not to open the door under any circumstance,” he informs me.
The door cracks open and Calvo nudges me through. I’m disoriented. It’s
pitch-black inside, curtains drawn, lights off. Diego stands in the entryway,
but I only see the outline of his body, not his face. Buenas noches, he
whispers, and guides us to the living room. A little boy comes up beside me. “I
wanna play!” he says in English, gesturing toward the TV and Xbox. Nobody turns
it on.
This family has nothing to do with the situation outside, but still they are
hiding. Diego, not his real name, explains that when the police pulled into the
lot earlier that night, he instinctively hit the floor as though dodging
bullets. “We were afraid, because what we are feeling these days is immigration
is everywhere,” he tells me in Spanish, voice shaking.
He and his wife—a Dreamer whose parents brought her to the United States as a
child—and three of their four kids, all US citizens, stayed that way about 10
minutes, flat on the ground in the dark. Then they called Calvo, who leads
Latino Memphis, an organization that helps immigrants. “I got very scared they
could start knocking on doors looking for the suspect and scared they would take
him,” Diego’s wife says, nodding at her undocumented husband.
She knew that where police go in Memphis, lately at least, there will be
immigration officers, too. On September 29, the Trump administration launched
the Memphis Safe Task Force, deploying, according to the Washington Post, some
1,700 federal officers from a mix of agencies, ostensibly to help the Tennessee
Highway Patrol, the Memphis Police Department (MPD), and the Shelby County
Sheriff’s Office crack down on crime. It’s one of many such task forces the
administration has launched, or plans to launch, nationally.
The MPD has reported success—large declines in serious crimes reported since the
feds arrived. The feds are getting something out of the arrangement, too; local
cops are chauffeuring Immigration and Customs Enforcement (ICE) officers around
town, leaving many immigrant families afraid to leave their homes. Some refer to
the task force as “the occupation” and say the feds are using the crime issue as
a Trojan horse. “I feel nervous—I have to protect them and myself,” Diego’s
12-year-old daughter tells me as she sits beside her parents in the dark.
“I’ve lived here for a long time,” Diego adds, “and I’ve never seen so many
police cars.”
Neither have I. Though I’m new to Memphis, I’ve been reporting on the criminal
justice system for more than a decade and have spent time in cities with a lot
of law enforcement. I’ve also lived in an authoritarian country overseas, yet
I’ve never experienced a police presence like this. Some Memphians critical of
the surge liken the city to a war zone, with helicopters circling over
neighborhoods, National Guard officers patrolling downtown, and unmarked law
enforcement vehicles in the streets. Immigrant citizens carry their US
passports, lest they be detained. One volunteer I spoke with compared the vibe
to 1930s Germany.
Tennessee Gov. Bill Lee, a Republican, has welcomed the task force, and Memphis
Mayor Paul Young, a Democrat, has cooperated, crediting the effort for reducing
911 calls about gun violence. But Shelby County Mayor Lee Harris, another
Democrat, compares occupied Memphis to a failed state. “Our risk is that
[America is] gonna become a Yemen or a North Korea, or something else
altogether, where there is an armed individual with a semi-automatic weapon and
military fatigues on many corners,” he told me. “There may be zero crime, but we
also won’t be leaving our houses. I know that’s a dark scenario, but that’s kind
of where we are.”
My hours spent in the dark with Diego’s family—and talking with local activists,
teachers, businesspeople, and residents—revealed how the militarized federal
onslaught is reshaping daily life in blue cities like Memphis, keeping kids out
of school and parents from work, and turning grocery shopping into a mission
that risks one’s family being torn apart. When I finally left Diego’s complex
that night, a police cruiser whipped past, lights and siren blaring, followed by
another, and another—more than 20 in all—racing off to terrorize another
neighborhood.
Andrea Morales/MLK50
I had arrived in town three days earlier, hoping to document a local surge of
federal law enforcement that hadn’t received nearly as much attention as those
in cities like Chicago, Portland, and Los Angeles. That’s partly because the
residents of Memphis—a blue city in a deeply red state—have not responded with
the same headline-grabbing protests. There are no inflatable frogs, no
sandwich-hurling federal employees, no throngs of demonstrators trying to block
ICE vehicles. The thinking, Calvo speculates, is that “less resistance will make
these people less interested in being here, and they will just move on. It’s
like, why poke the bear?”
But that doesn’t mean there’s no resistance, or that locals appreciate the
expansive police presence. I meet up with Maria Oceja, 33, who recently quit her
job at a court clerk’s office. She’s offered to drive me around to show me how
pervasive the task force presence has become. It doesn’t take long. Shortly
after we set out, we see two highway patrol vehicles on the side of the road.
Then a police car, then another. “Look, we got an undercover over there,” she
tells me, gesturing toward an unmarked car that’s pulled someone over.
Oceja, who sports a pink nose ring and has a rosary hanging from her rearview,
co-leads Vecindarios 901, a neighborhood watch with a hotline to report ICE
sightings. She’s exhausted: They’ve been averaging about 150 calls a day since
the task force took shape in late September. The group has documented home
raids, too, but traffic stops are the most common way ICE rounds people up. The
highway patrol will pull over Black and Hispanic drivers for minor violations
like expired tags or a broken taillight, or seemingly no violation at all: “‘You
got over too slow. You’re going one or two miles over [the speed limit].’ Just
anything!” says Tikeila Rucker of Free the 901, a local protest campaign. Then
immigration officers, either riding shotgun or following behind in their own
vehicles—or, occasionally, vehicles borrowed from the Tennessee Wildlife
Resources Agency—swoop in.
In one stop I witnessed, three Black friends were pulled over for their car’s
tinted windows; one of them, from the Bahamas, was sent to ICE detention. The
car’s owner, Keven Gilles, was visiting from Florida. He told me that he’d been
pulled over five times in a week and a half in Memphis, and “every time, there’s
at least five more cars that come, whether that be federal agents, more
troopers, or regular city [police] cars.”
Memphis is the nation’s largest majority-Black city, with more than 600,000
people in all. Ten percent are Latino and 7 percent are immigrants. The biggest
contingent hails from Mexico—according to the Memphis Restaurant Association,
the city has more Mexican restaurants than barbecue joints—but there are also
well-established communities from China, El Salvador, Guatemala, Honduras,
India, Vietnam, and Yemen, and more recently Nicaragua, Ukraine, and Venezuela.
Oceja, whose parents immigrated from Mexico, says the city’s undocumented
population is relatively young—lots of families with school-age children. She
takes me to Jackson Elementary, which she attended as a child, to ask employees
about how the policing surge has affected this immigrant-heavy neighborhood.
“I’ve been here 22 years, and I’ve never seen it this bad,” PE teacher Cassandra
Rivers tells me.
Because people are afraid of being detained while dropping off their kids, the
Memphis-Shelby County School Board has agreed to create more bus routes.
Meanwhile, daily attendance is down at least 10 percent at Jackson, Rivers says.
Some students are so anxious that she has started calling their homes in the
afternoon just to assure them that their parents are safe and sound.
Earlier, on Jackson Avenue, we’d passed a parking lot with a few men standing
around. “This is where the day laborers come and ask for work,” Oceja told me.
There are fewer lately, now that officers are pulling over contractors’ trucks
and arresting workers at construction sites. “Prior to the occupation,” she
explains after we leave the school and turn onto Getwell Road, “you could see
immigrant vendors every morning on this street selling food.”
We drive by shuttered fruit stands and yet another police car, then stop at a
gas station, where I meet Jose Reynoso, a Guatemalan man selling tamales and
arroz con leche out of a pickup truck. He says he doesn’t know how long his
business will survive—customers are afraid to come out. At Supermercado
Guatemala 502 on Summer Avenue, manager Rigoberto Cipriano Lorenzo gestures at
empty aisles and recalls how packed his store used to be. Alex Lopez, a barber
down the block, says many clients ask him to cut their hair at home now.
Religious leaders are worried, too. A local imam told me members of his
congregation are asking whether they must pray at the mosque, or can they do so
from home?
The county courthouse is overwhelmed. In its first six weeks, the task force
conducted nearly 30,000 traffic stops, issued 25,000 citations, and made more
than 2,500 arrests—creating a six-month backlog in traffic court, one attorney
told me. That’s not including stops made by federal agents operating solo. An
FBI agent speaking to a local rotary club noted that as long as the task force
is operating, just about everyone in Memphis can expect to be pulled over at
some point. (The latest, just-released figures show more than 4,000 arrests and
nearly 200 people charged by the feds.)
Jail overcrowding had resulted in detainees sleeping on mats on the floors, so
the county declared a state of emergency and moved some of them to another
location. “I don’t know how many times I have to say it, but the jail is at a
horrific state right now,” Sheriff Floyd Bonner told ABC24 reporters during my
visit. “We hear stories,” County Mayor Harris told me, of “individuals that are
standing for 24 hours straight because there’s no room, or place for them to sit
down. I don’t have the words for what’s happening over there.”
Task force personnel near the intersection of Jackson Avenue and North Hollywood
Street in Memphis, November 18, 2025.Andrea Morales/MLK50
In his darkened living room, blocked off from the glow of police cruisers
outside, Diego speaks in hushed tones as he shares his story. I sit on a sofa
beside his 6- and 16-year-old sons. He sits on another sofa, flanked by his wife
and their 12-year-old daughter.
Diego grew up in a small town in Chiapas, Mexico, where he worked as a farmer.
He moved to the United States in 2004, at age 20, for more money and “a better
future.” His sister’s husband lived in Memphis, so he settled there too, finding
a landscaping job. It paid much better than he was used to, though the weather
could be brutal, “very cold,” and he missed the food from back home. In 2006, he
met his future wife, also from Mexico, who was selling tamales outside a
convenience store. Their first son was born in 2007.
Three years ago, they moved into this housing complex, eager for independence
from their in-laws, with whom they’d been living. Today Diego works as a cook
and janitor at a school where his wife is an assistant teacher.
The Memphis Safe Task Force has affected the family’s routines in too many ways
to count. Diego has a heart condition and needs to see a doctor every three
weeks for monitoring—he was hospitalized not long ago. But he’s afraid to go to
his next appointment, drive his kids to school, or commute to work. He’s heard
about people getting pulled over for nothing. Immigrants are getting picked up
despite having work permits or pending green cards—even people a decade into the
legal residency process with just one hearing to go. Diego would have little
chance to avoid deportation if he were pulled over. “I get very nervous, like
shaky and sweating,” he says of his drives.
His daughter, whom I’ll call Liliana, listens quietly as her father talks,
gripping a blanket to her chest. Even though she’s a citizen, she has had to be
vigilant about law enforcement, she says: “If I do a wrong movement, that would
bring them here.”
It’s very tiring. At school recently, a teacher asked her to complete a project
that involved sharing personal information like her age and why her parents came
to Memphis. “I got worried. Why are they asking those types of questions? I feel
like it was a trap and they are trying to take information to them”—ICE—she
tells me. Liliana is an intelligent, curious kid. She wants to be a nurse
someday, Diego told me, which requires doing well in school. But she decided not
to turn in her project, just to be safe: “I feel kind of overprotective,” she
explains.
As Liliana talks, I try to remember she’s only in sixth grade. I ask her what
she likes to do for fun. “Exploring,” she says, and shopping at the mall, but
lately she spends most of her time at home. It’s not always pleasant; there’s a
clogged sewer line, so the toilet keeps overflowing and flooding the bedrooms,
and the property manager hasn’t fixed it. She watches TV trying to fend off
cabin fever, and dreams of going on outings with her whole family, maybe to the
park, grilling some food. “Most of the time I can’t go out,” she says, “because
I’ll be scared.”
A Customs and Border Patrol helicopter circles a community protest against an
xAI data center development.Andrea Morales/MLK50
The Trump administration has used crime as a pretext to conduct its immigration
operations, even in cities where crime is lower than it’s been in decades. In
Memphis, it was at a 25-year low before the task force began.
But most locals I spoke with said it’s still a problem: In 2024, Memphis had one
of the nation’s highest rates of violent crime, higher than similarly sized
cities such as Detroit or Baltimore. In six weeks, the Memphis Safe Task Force
said it seized 400 illegal guns, and that, compared with the same period in
2024, robberies had dropped 70 percent, and murders were down from 21 to 12.
The cops I encounter around town seem eager to emphasize the public safety
aspect of their work, and markedly less eager to discuss immigration
enforcement. At a gas station where I stop to refuel, I approach Sheriff’s Sgt.
Jim Raddatz, a 32-year veteran who, along with federal task force officers, has
just finished arresting someone—a criminal case, he says.
Sitting in his cruiser, Raddatz tells me he appreciates the expanded police
presence, as the sheriff’s office has lost some 300 patrol deputies in recent
years. MPD has about 2,000 officers, and 300 highway patrol officers were
diverted to the task force. Given the roughly 1,700 officers from more than a
dozen federal agencies participating, the total for Memphis proper—even without
sheriff’s deputies, who also police Shelby County—would be about 6.5 cops per
1,000 residents, a ratio more than triple the average for cities of this size.
When I mention that I’ve heard the task force has made more than 300 noncriminal
immigration arrests, he gets a tad defensive. “That might come from ICE. That’s
not from us,” Raddatz says. He has neighbors who are immigrants, he explains,
and wouldn’t want the sheriff’s office to target them: “All this ‘targeting,
targeting, targeting’—we get sick of hearing about it, because we’re not,” he
adds. “I understand they’re upset”—people see stuff on TikTok and other social
media about immigration enforcement, and they get scared, “but it ain’t coming
from us.”
The sheriff’s office and the MPD, unlike the highway patrol, cannot conduct
immigration arrests independently; for that they would need a special type of
287(g) agreement, the arrangements that govern local law enforcement cooperation
with ICE. (The sheriff’s office can hold immigrants inside the jail under
another type of 287(g) agreement.) But even if they can’t arrest immigrants, the
local agencies are assisting with Trump’s deportation agenda by allowing federal
agents to tag along on crime-related work—during traffic stops, the feds can
legally ask for proof of citizenship, which inevitably leads to noncriminal
immigration arrests.
The federal officers I encountered while driving around town were similarly
tight-lipped on immigration, and much chattier when talking about crime. At one
point, I sat in my car watching some of them search for a sex offender at the
end of a quiet cul-de-sac. One of the officers—who drove an unmarked
vehicle—approached me. Don’t worry, he said, we’re just here “getting the bad
guys.”
They didn’t find their culprit, but their presence had ripple effects. After
they left, I met an 18-year-old Hispanic man who lived next door to the house
where the alleged sex offender was believed to be staying. He told me his
immigrant mom was still inside—terrified—after the officers, looking for the
perpetrator, had pounded on her door. She didn’t open it, and thankfully they
left her alone.
A traffic stop at Jackson Avenue and North Hollywood Street, November 18,
2025:.Andrea Morales/MLK50
In another neighborhood, I meet an 11-year-old named Justin. He’s standing
outside his house, his dog and a soccer ball in the front yard. His mom is
inside. It’s time for school. He carries a black camo backpack with a little tag
on it; whoever picks him up at the end of the day will need a matching tag, and
it won’t be his mom.
Task force officers had come by the house a couple of weeks earlier with a
warrant for a criminal suspect. That person no longer lived there, so instead
they took Justin’s dad, an immigrant from Mexico who was undocumented. “A lot”
changed after that, Justin tells me. As we talk, he squeezes some green slime
that seems to function more as a stress ball than a toy. His mom, from Honduras,
is afraid to emerge, even to shop for groceries. “She always stays at home,” he
says quietly. “Before, she would usually go to the store.”
With many immigrants in this mother’s situation, local volunteers have started
delivering food. On a single day in October, 120 families reached out to the
Immigrant Pantry, a project of Indivisible Memphis that normally serves about 50
families a week. Some other food pantries, especially those that accept
government funding, require ID. This one doesn’t. “It blew up a few weeks ago,”
says volunteer Sandy Edwards, whose T-shirt reads “Have Mercy.” “It’s about as
sad as you can possibly imagine.”
Edwards and her peers have seen a lot. There was the immigrant mother who
resorted to feeding her baby sugar water—she didn’t have formula. Another was
stuck in a motel room with four kids under 6, all citizens, and nothing to eat.
Vecindarios 901, the neighborhood watch group, told me about a woman who called
in tears because she couldn’t find her boyfriend; he’d been detained by ICE,
leaving her in charge of his 3-year-old daughter. In another case, an
undocumented mother begged agents outside a gas station to take her instead of
her partner, who had a work permit, but they went for him anyway and left her
with the baby and no means of support.
The pantry volunteers drop off onetime emergency food and supplies to these
desperate caregivers: canned goods, tortillas, diapers, plus $50 per family
worth of fresh produce and meat. They organize the deliveries on Signal, an
encrypted messaging app, and vet potential drivers online; the goal is to ensure
they’re not in cahoots with the feds, who could use the delivery addresses to
arrest people. “This is a vulnerable population,” notes Jessica Wainfor, another
volunteer. “We cannot make mistakes.”
A day before I visited, news broke that DHS was considering hiring private
contractors to ferret out undocumented immigrants’ home and work addresses,
bounty-hunter style—with bonuses for accuracy, volume, and timeliness. The
volunteers asked me not to disclose their pantry location and said they were
taking other precautions, like varying the stores where they shop and watching
for unmarked vehicles that might be tailing them.
It’s not only low-income immigrants who are afraid. At a Palestinian-owned café,
I met Amal Arafat, a naturalized citizen from Somalia who moved to the United
States at age 4. Now she lives in Germantown, an affluent suburb, and carries
her US passport with her in case she’s pulled over for having dark skin and
wearing a hijab. When I ask how this makes her feel, she starts to cry. “It’s a
scary time, because there are people with citizenship being snatched away,” she
says. She wonders whether the task force will really reduce violence—or just
people reporting it. If she were a crime victim, I ask Arafat, would she call
911 now? “It does blur the lines of who is here to protect me, and who is here
to terrorize and target me,” she replies.
It’s a fair question. Back in October, Mayor Harris had told me that Latina
survivors of domestic violence were not reaching out to a Shelby County program
that helps them file for protective orders against their alleged assailants. “We
know domestic violence hasn’t gone away, and we know Latina victims haven’t gone
away,” he says. “What has gone away is their willingness to go to a public
building and ask for help.” A Memphis pastor told me a story I have not
corroborated about a local Guatemalan man who was beaten and stabbed but didn’t
call 911 because he was afraid of being deported. Instead, he went home to heal,
developed an infection, and died. It never made the papers.
Harris, like many task-force critics, suspects violent crime is down primarily
because all the police activity has made people reluctant to get out and about,
for fear of getting stopped and harassed. What happens when the feds pack up and
the task force dissolves?
“I don’t think this is a long-term solution, and it’s making things really bad,”
Calvo, Diego’s friend, told me. “You can pick your lane: This is really bad for
the economy. Or this is really bad for our democracy. Or this is really bad for
people’s wellbeing.”
We need “fully funded schools. Money for violence intervention programs. Money
for the unhoused community. A better transportation system,” adds local activist
Rucker. “There are a lot of things we need—not more bodies that are gonna
inflict more harm, pain, and trauma on an already traumatized community.”
“This is not making us safer,” concurs Karin Rubnitz, who volunteers with
Vecindarios 901 and shuttles Justin, the 11-year-old with the tag on his
backpack, to school. “They are destabilizing the immigrant community.”
Memphis may be a harbinger. On my last day in town, the Trump administration
announced a similar task force in Nashville, where the highway patrol teamed up
with ICE in May to arrest nearly 200 immigrants in a week. Other task forces
were dispatched around the same time in Indianapolis, Dallas, and Little Rock,
Arkansas—all purportedly focused on crime but co-led by DHS. More than 1,000
local law enforcement agencies nationwide are collaborating with ICE through
287(g) agreements. And the feds have launched their own immigration enforcement
operations in cities from Chicago to Minneapolis.
Tennessee Gov. Lee has said the task force in Memphis will continue
indefinitely, despite the cost of bringing in hundreds of federal cops, housing
them in hotels, and hiring extra judges to tackle the strain on local courts.
(“We’re going to be millions of dollars in the red because of this,” Mayor
Harris told the Washington Post.) Weeks into the occupation, so many immigrants
are trying to self-deport that Calvo’s Latino Memphis now invites Mexican
consulate officials to its office once a month to help process passports. “For
the first time in the 17 years that I have worked here, we’re getting calls of
people saying, How do I leave? And that is just devastating,” he says.
Arafat’s husband, Anwar, an imam, told me his family is considering a move to a
different part of the United States. “The people that are supposedly eliminating
crime are making the city unlivable,” he says.
“I really don’t want to leave,” their son Aiman, a high school freshman, told
me. “I have a life here, a really good life.”
Andrea Morales/MLK50
Back in the dark living room, Diego has a question for me.
When will this all be over?
Almost everyone I meet in Memphis asks the same thing. I have no answer, of
course. If the task force carries on much longer, Diego says, he may have to
return to Mexico and take his family with him. I ask Liliana how she feels about
that. “Kind of sad and kind of happy,” the girl says. “I kind of want to be
somewhere I feel safer. I can explore more, go more places.”
It took a while, but my eyes have finally adjusted to the dark. Diego, clad in a
T-shirt, is sitting beneath a joyous wedding portrait in which he sports a pink
tuxedo and holds his wife’s hand. Now his hands are rubbing his head; he’s tense
and exhausted. “I feel like my kids live here better than they would in Mexico,
so I would like for them to stay, but if things continue to deteriorate, I don’t
know what we will do,” he says.
“I am more scared in the last month than in the last 20 years,” he adds. When
the cops came, “I thought they were gonna kick down the door and take me away.”
Diego suddenly realizes how long we’ve been talking. The police are still
outside, but he figures maybe by now it’s safe to turn on a flashlight and make
dinner for his family. He bids me a polite farewell, guides me out of the
apartment, and closes the front door, upon which every knock brings a sense of
dread.
Tag - The Big Feature
It was National Voter Registration Day, and Maine Secretary of State Shenna
Bellows was on her way to a small liberal arts college for a voter registration
event. That’s when she learned the US Department of Justice was suing her over
how she manages Maine’s voter registrant list.
While the DOJ appearing as the official plaintiff was new, what the federal
government sought through the lawsuit—access to Maine’s complete, unredacted
voter roll file—was not.
Bellows, a spunky, no-nonsense 50-year-old who grew up in a log cabin without
running water, already had received a litany of demand letters, public records
requests, and lawsuits throughout her five years serving as the top election
integrity official in Maine. Citing the National Voter Registration Act, most of
the requests for the state’s voter data had the ostensible aim of ensuring Maine
was adequately removing the names of individuals who should not be on the voter
roll. But this lawsuit was the first of its kind from the government itself.
The September legal complaint was an escalation of a yearslong coordinated
effort by conservatives to obtain voter roll data from numerous states, compare
it to incomplete datasets they’d found on the commercial market, then attest
that mismatches between the two are clear evidence of people illegally voting.
The apparent goal: buttressing decadeslong, though still unproven, claims of
rampant voter fraud and removing allegedly ineligible voters from the rolls,
with potentially dire consequences for future elections.
In the past, these sorts of legal gambits came from right-wing groups like the
America First Policy Institute, a Trump-aligned think tank co-founded by Brooke
Rollins, now the secretary of agriculture; the Dhillon Law Group, whose founder,
Harmeet Dhillon, is now the assistant attorney general for civil rights at the
DOJ; and the Public Interest Legal Foundation (PILF), a conservative legal group
whose former counsel, Maureen Riordan, now leads the DOJ’s voting section.
Riordan and Dhillon remain in the same line of business, citing familiar
statutes in their barrage of new lawsuits against state election officials like
Bellows; the key difference now is that they are promoting their routinely
debunked theories from within the US government. Specifically, from the highest
law enforcement agency in the country.
> “The election deniers are now ascendant in the federal government.”
“The election deniers are now ascendant in the federal government,” says
Bellows, who spent eight years as the executive director of the Maine ACLU
before assuming her current post. “These requests are not unlike the requests
that the organizations they used to be affiliated with have asked for years.”
But unlike conservative legal organizations, she adds, “the Department of
Justice has the power to investigate, prosecute, and place people in jail.”
Riordan and Dhillon have been pursuing Maine’s voter information since July,
when the voting section of the DOJ’s Civil Rights Division sent Bellows a letter
requesting the state’s unredacted registration list. Bellows wrote a careful
response referencing federal court opinions and state statutes that preclude her
from sharing the voter roll without appropriate redactions. In return, the DOJ
sent her another threatening letter, followed by the ironically timed lawsuit on
National Voter Registration Day.
Maine isn’t the only state the DOJ contacted. Over the last six months, it has
demanded full, unredacted voter rolls from dozens of states in an effort to
create the federal government’s first-ever national database of registered
voters, accompanied by their private information: party affiliation, voting
history, Social Security numbers, driver’s license information, even physical
characteristics. The DOJ has formally sued 14 states for the data so far, 12 of
which are led by Democrats. (The sole exceptions are Vermont, which has a
Republican governor but is otherwise deeply blue, and New Hampshire, where
Republican Gov. Kelly Ayotte has publicly disagreed with President Donald
Trump’s plan to redraw congressional maps in advance of the midterms to give
Republicans more seats.) Bellows believes Maine was among the first two states
to be sued “because of animus”—also known as old-fashioned retribution.
The Justice Department already has tried to retaliate against Trump’s political
enemies, such as former FBI Director James Comey, who investigated ties between
Russia and Trump’s 2016 presidential campaign, and New York Attorney General
Letitia James, who sued Trump over allegations that he inflated the value of his
real estate holdings. (A federal judge recently dismissed both indictments,
ruling that the prosecutor who brought the charges had been unlawfully
appointed. The DOJ is reportedly weighing whether to re-indict them.) Bellows,
though lesser known, is likely on the administration’s radar for other reasons,
too. Citing the 14th Amendment’s clause barring officials who “engage in”
insurrection from holding future office, she attempted to remove Trump from
Maine’s 2024 presidential ballot based on his connection to the January 6, 2021,
attack on the US Capitol.
But Bellows, who is now running for governor, may not be the only one harmed by
the DOJ data grab and the spurious claims supporting it. In 2024, crude analyses
of voter roll data by right wingers led election officials in Waterford
Township, Michigan, and Virginia to remove duly registered voters from the
rolls.
So far, challenges like these have taken place on a much smaller scale: state by
state or even county by county. The DOJ’s current effort to assemble every
state’s voter data poses an exponentially larger threat to voting rights. More
than a dozen state election officials, former DOJ staff, and election experts
told Mother Jones that a national database of voter registration information
could lead to massive data breaches of Americans’ private information and
reinforce false narratives about the frequency of voter fraud—narratives Trump
and his allies could weaponize to challenge election outcomes. Worse yet, the
bad data could give Republican-led states cover to illegally cull eligible
voters from their rolls, stopping certain people from voting at all.
“These unprecedented demands for vast amounts of voter data are part of a larger
pattern of actions indicating a reckless grab for power over American
elections,” Bellows says.
It could also lead to a vast expansion of the number of citizens who appear on
Trump’s hit list—one that, depending on your personal data, may soon include
you.
The right-wing campaign to weaponize the DOJ’s Civil Rights Division, which
former Attorney General Eric Holder once called the “crown jewel” of the
department, dates back more than two decades.
After the election of President George W. Bush in 2000, National Review called
for a radical restructuring of the division. “There may be no part of the
federal government where liberalism is more deeply entrenched,” wrote national
correspondent John J. Miller. “Republicans should work to gain more control over
the civil rights division and its renegade lawyers.”
> “My tentative plans are to gerrymander all of those crazy libs right out of
> the section.”
And a year later, that’s precisely what they did. Attorney General John Ashcroft
tapped Brad Schlozman, a Kansas-based lawyer with no prior civil rights
litigation experience, as deputy assistant attorney general for civil rights.
His responsibilities included overseeing hiring and supervision for the
division’s voting section, which enforces the Voting Rights Act and other
federal voting laws. Schlozman did little to hide his disdain for the section he
now led. “My tentative plans are to gerrymander all of those crazy libs right
out of the section,” he wrote to a former colleague in July 2003.
Schlozman embarked on a hiring spree of what he called “RTAs,” short for
“right-thinking Americans,” recruiting lawyers from the Federalist Society, the
National Republican Lawyers Association, and the Bush-Cheney campaign. A joint
investigation by the department’s inspector general and its Office of
Professional Responsibility found that “virtually all of the attorneys (97
percent) hired by Schlozman whose political and ideological affiliations were
evident in the hiring process were Republican or conservative.”
Veteran civil rights lawyers with decades of experience began leaving in droves,
including the well-respected chief of the voting section, Joe Rich. Schlozman
made Hans von Spakovsky, who had been among the first major figures in the GOP
to push the myth of widespread voter fraud, de facto head of the section.
Soon, the department’s political appointees overruled career lawyers to approve
GOP-backed laws that were regarded as racially discriminatory, including a
mid-decade congressional redistricting plan in Texas that eliminated two
majority-minority districts and a Georgia voter ID law that disproportionately
harmed Black voters.
David Plunkert
“You take an oath to uphold the laws of the United States,” Robert Kengle, the
deputy chief of the voting section from 1999 to 2005, told Mother Jones’ Ari
Berman in his 2015 book, Give Us the Ballot. “These guys didn’t believe in the
laws of the United States. They came in to work for an institution for which
they had the utmost contempt.”
One of the attorneys hired by Schlozman was J. Christian Adams, a solo
practitioner in Virginia who had served as a Bush-Cheney poll watcher in
Florida. Rich described him as “Exhibit A of the type of people hired by
Schlozman.”
Adams helped bring the DOJ’s first-ever Voting Rights Act case on behalf of
white voters, who claimed they were discriminated against by the Black head of
the local Democratic Party in Noxubee County, Mississippi. Career lawyers viewed
it as a perversion of the law, which was intended to protect Black voters who
were disenfranchised by segregationist whites in states like Mississippi.
By the end of the Bush administration in 2008, the DOJ’s inspector general found
that Schlozman had violated federal law and committed misconduct by “improperly
[considering] political and ideological affiliations in the recruitment and
hiring of career attorneys in the Civil Rights Division.” But the anti-voting
positions of the likes of von Spakovsky and Adams had already become
institutionalized and were spreading within the GOP.
A couple of years later, in 2010, Adams loudly accused the Obama administration
of anti-white bias when the DOJ dropped a case he spearheaded alleging that
white voters were intimidated at the polls in Philadelphia by the New Black
Panther Party. An internal review found no evidence of improper political
interference, but by this point, Adams had resigned in protest. He would go on
to become head of the right-wing legal group PILF in 2015. In addition to filing
lawsuits against local jurisdictions to force them to remove voters from their
rolls, PILF published two reports in 2016 and 2017, “Alien Invasion in Virginia”
and “Alien Invasion II,” that sought to validate Trump and his allies’ claims of
widespread voter fraud by noncitizens.
The reports, which included names, addresses, and private information like
Social Security numbers, claimed that more than 5,500 noncitizens had registered
to vote in Virginia and 1,852 people had cast nearly 7,500 illegal ballots since
the late 1980s. “This is the real foreign influence on American elections,”
Adams told Fox News. “Foreigners are getting on American voter rolls and, as we
documented, casting ballots by the thousands.”
PILF called on the Justice Department to bring felony charges against the voters
it identified. Republican political activists drew up plans to post signs at
polling places warning of voter fraud, which Adams said should be “in Spanish”
to be “effective.”
It soon became clear, however, that PILF had relied on faulty methodology. As
Mother Jones previously reported, “Alien Invasion II” spotlighted the
“astonishing” example of one voter, Maureen Erickson, who listed a Guatemalan
address on her registration form. “Ms. Erickson voted in 14 different
elections—most recently in 2008—before her registration was canceled,” the
report stated.
But it turned out that Erickson was a US citizen living in Guatemala as a
missionary. “I think it is odd that they chose ‘Maureen Erickson’ as their
poster child for voter fraud,” her husband, Todd Erickson, wrote in a letter to
the Washington Times after it picked up the story. “There was obviously not much
additional research done on the person that they held up as an example of this
illegal activity.”
When Virginia election officials warned PILF that it was using unreliable
data—such as targeting individuals who did not check a citizenship box at the
DMV—to identify “suspected aliens,” PILF staffer Logan Churchwell agreed in an
email to Adams that their concerns could “be true.” But this was an opportunity,
Churchwell said, to “convert pushback into official confusion to justify our
call for a top-down overhaul.”
“The fog of war favors the aggressor here,” added Churchwell, who remains
research director at PILF.
In 2018, four Virginia voters whom PILF falsely accused of voting illegally
filed a lawsuit against Adams and PILF, accusing them of violating the Voting
Rights Act and the 1871 Ku Klux Klan Act—which empowers individuals to sue when
vigilante groups threaten their 14th Amendment rights—through “a modern, covert,
and particularly insidious method of voter intimidation.” PILF settled the case
before it went to trial, with Adams agreeing to apologize to the plaintiffs and
PILF pledging to redact sensitive personal information.
The reports should have been a cautionary tale about the dangers of overhyped
fraud claims and the misuse of sensitive voter information, but Trump and his
allies were undeterred and determined to spread such misinformation to a much
bigger audience.
After claiming with no proof that he lost the popular vote in 2016 because 3
million people voted illegally, Trump brought back veterans of the Bush Justice
Department, including Adams and von Spakovsky, as members of his Presidential
Advisory Commission on Election Integrity. Von Spakovsky advised the commission
to reprise the Schlozman-era playbook and exclude Democrats and “mainstream
Republican officials and/or academics” from serving on it. He and Adams secretly
advised Vice Chair Kris Kobach, then–Kansas secretary of state, on the
commission’s first major action: a sweeping request for sensitive voter data
from all 50 states, including party affiliation, voter history, and Social
Security numbers. Kobach wrote that it would be “very helpful in the
Commission’s work identifying fraudulent registrations and other forms of voter
fraud.”
But the request, made in June 2017, infamously backfired. The Republican
secretary of state of Mississippi, Delbert Hosemann, told the commission to “go
jump in the Gulf of Mexico.” His GOP counterpart in Louisiana said the
“President’s Commission has quickly politicized its work by asking states for an
incredible amount of voter data that I have, time and time again, refused to
release.” Even Kobach, in his position as the top election official in Kansas,
was unable to hand over voters’ Social Security numbers because they couldn’t be
divulged by state law, nor could secretaries of state from Indiana, Maine, and
New Hampshire, who also served on the commission. In the end, 21 states refused
to provide any data, while the rest only partially complied.
The commission had tried to validate Trump’s fraud claims, but it disbanded
after less than a year while facing at least eight lawsuits. A draft staff
report of its findings included a section on “Evidence of Election Integrity and
Voter Fraud Issues” that was, tellingly, left blank.
The commission’s failure should have put to bed the myth of widespread voter
fraud once and for all—and prevented the federal government from ever again
asking for such extensive information on voters. But Trump’s attempt to overturn
the 2020 election convinced more of his supporters that elections were rigged,
emboldening groups like PILF to turbocharge their efforts to restrict access to
the ballot. In the runup to the 2024 election, Trump and his allies filed scores
of lawsuits designed to make it harder to vote and easier to question election
outcomes. PILF, along with the RNC and Harmeet Dhillon’s law firm, were at the
forefront of this legal onslaught.
When Trump returned to the White House, an emboldened MAGA movement once again
set its sights on transforming the DOJ’s Civil Rights Division and its voting
section from a place that is entrusted with protecting people’s right to vote to
one that jeopardizes it.
“This administration is abandoning the congressional mandate that the division
has to stamp out discrimination and protect vulnerable populations,” says
Chiraag Bains, who served as a high-ranking official in the Civil Rights
Division from 2014 to 2017. “They’re not just abandoning it. They’re actually
weaponizing the power of the federal government to try to cut off access to the
ballot.”
A week after the 2024 election, Cleta Mitchell, a recent chair of PILF’s board
(von Spakovsky is the current chair) and an attorney involved in Trump’s attempt
to overturn the 2020 election, called on the administration to fire “every
lawyer in the Voting Section and likely in the Civil Rights Division. They are
not supportive of Pres Trump or MAGA. There has to be a reckoning.”
The now-reinvigorated wolves were back in the henhouse. Two days after the
inauguration, the department’s political appointees ordered the Civil Rights
Division to freeze work on all new cases. Shortly thereafter, former Florida
Attorney General Pam Bondi, who had traveled to Pennsylvania in 2020 to amplify
Trump’s false claims of voter fraud, was confirmed as US attorney general. The
department put Mac Warner, a former West Virginia secretary of state who claimed
that the CIA stole the 2020 election, in charge of the Civil Rights Division on
an interim basis.
Over the winter and spring, the Trump DOJ began systematically withdrawing from
voting rights cases filed under the Biden administration, refusing in nearly
every instance to meet with the career attorneys who worked on them. “There was
an utter lack of interest in what the day-to-day work of the voting section
entailed,” says one former lawyer in the Civil Rights Division.
On March 31, when the department dropped a case challenging voting restrictions
passed in Georgia in 2021, Bondi alleged that the Biden administration had
“fabricated claims of false voter suppression.”
“The press release from the Georgia case was insulting to all the career lawyers
who worked on it,” says another former DOJ lawyer. “To call something fraudulent
from the institution you now lead was deeply troubling.”
Days later, the Senate confirmed Harmeet Dhillon, a Trump ally whose law firm
had filed several lawsuits attacking voting rights, as head of the Civil Rights
Division. Dhillon had amplified Trump’s false claims of fraud as a legal adviser
to his 2020 campaign, calling on the Supreme Court to overturn the election
results.
Dhillon removed the division’s longtime mandate of stopping racial
discrimination in voting from the section’s mission statement and instead
pledged to address Trump-inspired priorities that included “preventing illegal
voting, fraud, and other forms of malfeasance and error.”
By the end of April, Trump’s appointees had dismissed every active case in the
voting section and reassigned the section’s chief and five top managers to the
obscure complaint adjudication office, the DOJ’s version of Siberia. Career
attorneys who’d stayed during Trump’s first administration and thought they
could survive Trump 2.0 decided to leave en masse. Just a few months in, more
than 250 attorneys had departed the Civil Rights Division, 70 percent of the
total staff, and the number of career attorneys in the voting section had shrunk
from 30 to just three.
At the end of May, Maureen Riordan, who had been litigation counsel at PILF
during the Biden years, took over as acting head of the voting section. A
20-year veteran of the DOJ who spent much of her career in the voting section,
Riordan had resigned when Biden took office. At PILF, she had focused on filing
lawsuits against various states, aimed at obtaining their voter roll information
for the purpose of analyzing it for purported fraud.
When she returned to the DOJ under Trump, the department’s work had effectively
become inseparable from the mission of the right-wing “election integrity”
organizations whose leaders now staffed the new administration. With the MAGA
takeover complete, the voting section launched its most audacious scheme yet,
reprising the Trump administration’s demand for sensitive voter data from all 50
states. And this time, it would retaliate against those who refused to comply.
A couple of weeks before the DOJ began demanding Maine’s voter rolls, PILF,
Riordan’s old employer, sent its own letter to Bellows, alleging that its
assessment of commercially available data and newspaper obituaries suggested
there were more than 18,000 “apparently deceased” people on Maine’s voter rolls.
Responding to that previously unreported accusation, Bellows called its claim a
“damned lie from an organization that cares more about conspiracy theories than
election integrity.” Churchwell, from PILF, says their data collection methods
have evolved since 2017 to prioritize credit data over other “cheap” commercial
options: “We’ve raised the standard. Your experts are in the wailing and
gnashing of teeth in outer darkness stage of their activism, and my heart goes
out to them.”
For starters, every month, Maine’s 487 municipal election clerks review death
records from the state’s vital records bureau and cancel the registrations of
individuals who have died. As a fail-safe, Maine also compares its voter roll to
the Social Security Administration’s Limited Access Death Master File at least
once annually. Moreover, even if a deceased person’s name did appear on the
voter roll for a short time, that does not mean a vote was illegally cast in
their name.
This wasn’t the first time PILF made such a claim. The group sued Michigan in
2021, alleging that its assessment of publicly attainable data showed there were
25,000 dead voters on Michigan’s rolls. A federal judge dismissed the claim in
March 2024. In May, the 6th US Circuit Court of Appeals rejected PILF’s argument
a second time, concluding that Michigan makes an “inherently rational, sensible
attempt at maintaining accurate voter registration lists.” (In November, PILF
asked the Supreme Court to reconsider the lower court’s decision.)
But PILF succeeded in advancing the voting fraud narrative—even if its lawsuit
has so far failed. As is often the case, the rulings on the Michigan lawsuit
didn’t get nearly as much attention as the claims that precipitated it.
“Usually, sensational allegations of crimes go viral,” Bellows says, “and the
less sensational finding that people are innocent often doesn’t have the same
reach.”
Most of the lawsuits—whether from groups like PILF or the mightier Justice
Department—allege violations of the National Voter Registration Act. Congress
passed the 1993 bipartisan law with the intention of making it easier to
register to vote. Dubbed the “Motor Voter Act,” the law simplified voter
registration by making the process accessible at DMVs and other public agencies
across the country. The law also included a provision to ensure that state voter
rolls, which were anticipated to add new voters, were properly maintained. The
US Constitution assigns the responsibility of managing elections to the states,
and consequently, the act doesn’t tell states how exactly they should maintain
their rolls; it merely says they should “conduct a general program that makes a
reasonable effort to remove the names of ineligible voters.”
Bellows attests that Maine is doing just that. In February 2025, the state’s
election division canceled 180,584 inactive voter registrations—the largest bulk
removal in nearly 20 years. But the act’s open-ended language has provided an
opening for election denialism crusaders, including the ones who now run the
DOJ.
> “Many election officials, including me, worry that the Trump administration
> wants this information so that it could be used to target, harass, and
> intimidate individual citizens.”
“These groups are trying to weaponize the law in a way that’s contrary to the
purposes of the statute,” says Bains, the former DOJ Civil Rights Division
official, now a senior fellow at the Brookings Institution. “Most of these
lawsuits that we’re talking about are aimed at pursuing mass purges of exactly
the nature that the statute was written to prevent.”
At least 40 states have received written requests from the Justice Department
for their voter files, according to the Brennan Center for Justice. DOJ
officials have said they eventually want the data from every state. So far, only
two—Indiana and Wyoming—have complied, though the administration has adopted a
harder stance in recent weeks. As of early December, the department has filed
lawsuits against 14 states, beginning with Maine and Oregon.
“On the surface, it may seem like regular oversight, but it’s not,” Nevada
Secretary of State Cisco Aguilar argued during a September press briefing with
the States United Democracy Center, a group devoted to fair and secure
elections. “The DOJ has the backing of the federal government. They’re trying to
use the immense power to intimidate states into complying.”
At the same briefing, Michigan Secretary of State Jocelyn Benson outlined
multiple ways the data demanded by the department could be used vindictively.
“Many election officials, including me, worry that the Trump administration
wants this information so that it could be used to target, harass, and
intimidate individual citizens, political adversaries, and potentially deter
entire communities from voting,” Benson said. “It could also be used to pressure
states to remove otherwise eligible citizens from the rolls based on pernicious
or suspect information.”
Administration officials have yet to explain their reasons for trying to create
a national voter roll, but the DOJ confirmed to States Newsroom that the data
was “being screened for ineligible voter entries.”
The agency is working with the Department of Homeland Security to run voter
information through Systematic Alien Verification for Entitlements, or SAVE, an
online platform that provides access to various government databases in one
place. Since its inception in 1987, the tool has been used to verify the
citizenship of people applying for government benefits by checking alien
identification numbers assigned to them by DHS. The Trump administration has
dramatically expanded the tool in recent months, adding Social Security numbers
and passport information to the system. As Mother Jones reported last month, DHS
is also trying to connect every state’s driver’s license database to SAVE, so
states can run their entire voter rolls through the database at one time. (A
spokesperson for US Citizenship and Immigration Services, which administers
SAVE, says states will need to ensure they are using the platform lawfully.)
The allegation that noncitizens are flooding state voter rolls is not supported
by any data. One 2016 survey of 42 voting jurisdictions by the Brennan Center
found just 30 cases of possible noncitizen voting out of nearly 24 million
votes. Statistically, that’s one ten-thousandth of 1 percent. Further, voter
registration forms require Americans to affirm they are citizens, under penalty
of perjury. The same form warns that those who lie could be fined, imprisoned,
or deported. They’d also risk their future eligibility for citizenship. “To
jeopardize that opportunity by voting just doesn’t make sense,” Nevada’s Aguilar
says.
While using SAVE to root out voter fraud is unlikely to turn up many—if
any—noncitizen voters, the massive expansion of the program is likely to wrongly
flag some American citizens as noncitizens, particularly naturalized citizens,
newly married people who changed their last names, and people whose names don’t
match on their documents (for example, a man whose license says Nick but whose
passport says Nicholas). A lawsuit filed by the League of Women Voters and the
Electronic Privacy Information Center in September warned that DHS and the DOJ
are “encouraging and enabling” states to search their voter rolls against SAVE,
which the lawsuit alleges may culminate in some states “purging voter rolls.”
In November, a federal judge agreed that the new use of SAVE was concerning:
“The Court is troubled by the recent changes to SAVE and doubts the lawfulness
of the Government’s actions,” wrote Judge Sparkle Sooknanan. However, she
declined to block the administration from using it because the plaintiffs hadn’t
yet identified someone who had been directly harmed.
Even if the DOJ doesn’t find any legitimate evidence of noncitizen voting, false
matches would produce sensational headlines across the MAGA-verse, giving the
administration more ammunition to undermine trust in elections.
“My guess is they want the voter files to be able to say we have the voter
files, and we know there are X or Y fraudulent people on it,” says Justin
Levitt, who served as deputy assistant attorney general in the DOJ’s Civil
Rights Division under President Barack Obama. “It will be fiction, but now
they’ll say it because they have them. Even if they find an infinitesimal number
of wrong people on the rolls, they will lie about the numbers.”
The DOJ declined to comment for this story.
Beyond the possibility of voters being disenfranchised, the League of Women
Voters and EPIC argue that every person’s federal right to privacy would be
encroached by the DOJ and DHS sharing data among themselves and state
governments. Congress passed the Privacy Act of 1974 specifically to prevent the
federal government from creating “formal or de facto national data banks” or
“centralized Federal information systems” that would integrate the personal data
of Americans stored at separate agencies, the lawsuit points out.
Add to all this the fact that a national voter file could also be a gold mine
for hackers, especially as the Trump administration dismantles efforts to combat
foreign and domestic election interference.
“The danger is once you compile all this information, then hackers only have to
go to one place instead of going to all 50-plus jurisdictions that run
elections,” says Eileen O’Connor, who worked in the DOJ’s voting section for
nearly a decade, including during Trump’s first term. “It’s just a hacker’s
dream to have all of this private, sensitive information collected somewhere.”
In its efforts to inspect state voter rolls, the DOJ is also, evidently,
considering sharing Americans’ personal data with outside election denial
groups. Rick Richards, a retired physician from Georgia with no experience as an
election official, has met with Riordan and marketed his mass voter registration
challenge system called EagleAI, which he helped develop with Cleta Mitchell’s
support, to the DOJ.
“We demonstrated the software to the DOJ. They like it. They would like to use
it. Apparently, we can get data they can’t,” he said during a meeting hosted by
Mitchell’s group, the Election Integrity Network, according to a transcript
obtained by Mother Jones. “I am in conversation with them about letting us have
a task, a federal task, to bring their data into what we’re doing and then be
able to use the federal data, SAVE data, Social Security data, other data in
here as well.”
Despite its name, EagleAI uses no artificial intelligence. Like PILF, EagleAI
relies on incomplete information, such as self-reported address changes
registered with the US Postal Service and datasets purchased from private
entities like utilities, credit card companies, or magazine publishers. Richards
boasted on the same call that EagleAI flagged more than 50 percent of Fulton
County, Georgia, voter registrations as “potential problems”—an indication of
the system’s dubious accuracy.
Had the right-wing election integrity skeptics behind EagleAI actually believed
the county’s voter roll was teeming with fraudulently registered voters, they
likely would have presented these concerns to local officials. But according to
Nadine Williams, Fulton County’s director of registration and elections, that
hasn’t happened; her voter roll is audited monthly using verified data sources,
and she’s never heard from EagleAI, which she called an “unverified third-party
group.”
In response to questions from Mother Jones, Richards claimed that “the EagleAI
Network program no longer exists,” even though his email signature still
includes that affiliation and the group’s data was used to challenge more than
900 voters in New Jersey as recently as a month ago.
If the DOJ takes up Richards on his offer to use EagleAI on state voter rolls
the department is suing to collect, it wouldn’t be the first time Riordan has
worked at a place that relies on faulty data to spread questionable conclusions
about voter fraud.
Normally, the DOJ’s voting section would work to prevent these kinds of efforts
from affecting Americans’ ability to vote. Now, the voting section itself is in
on the effort. “The main activity the section seems to be engaged in at this
point,” says Levitt, the former deputy assistant attorney general, “is something
illegal.”
A page from an Altamides sales brochure.
Three years ago, in Dobbs v. Jackson Women’s Health Organization, the Supreme
Court’s conservative majority enabled states to severely restrict abortion or
ban it outright. Since then, 17 states have enacted such limits; infant and
maternal mortality have risen in many of them. But the impact of overturning Roe
v. Wade extends far beyond medical catastrophes. It also appears in the quieter
struggles—a myriad of small, compounding barriers that stand between individuals
and their access to health care. Here are some of the stories of people who have
stepped up to do what they can to provide care, and some of the women who found
themselves trapped in a system increasingly difficult to navigate.
So much of the barrier to care is an information gap. We have funds, and there
are three all-trimester abortion clinics in our region. If more people knew
that, I think it would make navigating care easier.
Once they have an abortion scheduled, we can provide financial help for the
procedure. If their gap in funding is less than $500, we can generally say,
“We’ve got you!” If it’s a much larger gap, we may have to start a “solidarity
thread,” which is when we start fundraising with other abortion funds to try to
close that gap. Solidarity threads tend to be for cases that are 20 weeks and up
because they’re more expensive.
From 20 to 28 weeks, you’re looking at gaps of $5,000 to $6,000. After 28 weeks,
you’re looking at $10,000 and up. We have six or seven foundations that give us
in the $10,000 to $80,000 range, but most of the rest comes from individuals. In
2023, their contributions allowed us to help almost 4,000 abortion seekers.
On a good week, we can fund 75 to 80 people. If we run out, we try to refer them
elsewhere or suggest they call us back next week when our budget resets. Telling
someone they might have to reschedule their appointment is not easy. But there’s
just such limited funding, and so many people who need it.
After Florida’s six-week abortion ban took effect in May 2024, we saw a big
uptick—about 225 percent. [Floridians] now make up the fourth-highest volume of
people we fund.
Some people are confused about why they’re having to travel for an abortion when
their pregnancy isn’t even viable. Someone told them, “You could die if you
continue this pregnancy.” Those are some of the more emotionally complex cases.
They’re people who had a wanted pregnancy, and they’ve been told they must
travel to a place they’ve possibly never been before to have a potentially
multiday procedure.
It should be as easy for everyone as it is in DC, where you can get on the metro
system, go a couple of stops, and get to a clinic. Access should not be defined
by your zip code.
—Alisha Dingus, executive director, DC Abortion Fund
Read more Abortion Diaries here.
For kids like me, who grew up in the 1960s and ’70s, comics were a big deal. Our
media landscape otherwise consisted mainly of books and records, commercial
radio, and, in my family’s case, a small black-and-white TV with a coat hanger
antenna that got four staticky channels. So we periodically raided our piggy
banks and headed to the Stop-N-Go for candy and comics. My favorite was Richie
Rich.
Richie was wildly popular, a brave and generous little fellow with unfathomably
wealthy parents. He’s 9 or 10 years old in the comics, with a signature outfit
consisting of white booties, blue shorts, a black jacket, and a white shirt with
a big red bowtie. (He’s a teenager, with outfits less Little Lord Fauntleroy, in
the 1980s cartoon series—ditto the 1994 Macaulay Culkin movie.)
Swimming pools filled with cash, monogrammed ships and planes. All part of the
Riches’ over-the-top aesthetic.NBCUniversal
Had someone compared you to Richie back in the day, you might have thanked them.
After all, he used his vast wealth for good. But Richie’s reputation has fallen
upon hard times. “We all knew Trump was richie rich scumbag,” one Bluesky user
wrote in March. Another posted, in reference to the Virginia governor and Trump
sycophant Glenn Youngkin: “‘Richie Rich’ Youngkin (R), thinks poor people should
just fucking stay poor.” A third circulated a parody comic book cover, “Richie
Reich,” featuring a dour Musk/Richie hybrid doing the Nazi salute. It got more
than 1,100 likes.
“Richie is so misunderstood,” laments 30-year-old news producer Jonny Harvey,
whose late grandfather, Leon, along with brothers Alfred and Robert, churned out
hundreds of issues of Richie Rich on their family-friendly Harvey Comics imprint
from 1960 through 1982—with an encore from 1986 to 1989, when the company was
sold—in addition to titles like Little Audrey and Casper the Friendly Ghost.
Richie would not appreciate being associated with Elon Musk.Gretchen Kent
“I think people believe he’s this spoiled rich kid,” says Harvey, who is working
on a documentary about the late family business. “Because of the blond hair,
because he was the son of a multimillionaire, people make that [Trump]
comparison. And there couldn’t be anything further from that.”
Something clearly has shifted in our culture that we would so defame this icon
of upper-crust benevolence. As a journalist who covers inequality and the author
of a book, Jackpot, about the American wealth fantasy run amok, I decided it was
time to revisit Richie to try to understand how economic changes since his
heyday might account for the transformation. As it turns out, there are
important lessons here for grownups, even if you’ve never heard of “the poor
little rich boy.”
The Richie comics, in retrospect, are wildly incongruous. Richie’s family (much
like Trump’s) is comically ostentatious. His mom is a jewel-laden socialite, his
dad some sort of industrialist. They have swimming pools filled with cash, piles
of gleaming gemstones, safes swollen to bursting, and driveways paved with gold
bars—not to mention monogrammed ships and planes and swank mansions. The “help”
includes butler Cadbury, robot maid Irona, and Bascomb, a chauffeur who shuttles
Richie around in a stretch limo. Their dog, Dollar, has dollar signs for spots.
It’s all quite over the top, and that’s part of the appeal. Billionaire and
former Dallas Mavericks majority owner Mark Cuban, raised in a middle-class
Pittsburgh family, “loved, loved, loved Richie Rich,” he told me via
email. “Watching the cartoon was like driving around wealthy neighborhoods,
dreaming of one day being able to afford one of the palatial homes I never
thought I would ever even walk inside.”
Yet Richie is no snob. His endless money is leavened by courage, loyalty, and
sheer goodness. Despite his vast fortune, he steers clear of the trust-fund
kids, opting instead to share his adventures with public school pals. Richie’s
besties, Freckles and Pee-Wee Friendly, basically live in a shack. “It was so
funny,” says Angelo DeCesare, who wrote and drew Richie for Harvey Comics from
1978 to 1980. “It looked like this beat-up old thing with boards. They really
made them poor!” Gloria Glad, Richie’s sweetheart, is the proverbial
middle-class girl next door.
“Reggie was a jerk. The idea was to be more like Richie..” says former Harvey
Comics artist Angelo DeCesare. “Reggie was presented as the guy who always got
his comeuppance.”NBCUniversal
Plots typically involved Richie using his limitless resources to bail out a
friend, help solve somebody’s problem, or foil the bad guys forever scheming to
steal his family’s wealth. In a paper, York University marketing professor
Russell Belk summarized one 1966 story like this: “To keep his girlfriend
Gloria’s father from being transferred out of town, Richie Rich buys a hot dog
factory for $500,000 and has her father made general manager. The man Richie
outbids for the plant is his father, who was buying it as a gift for Richie’s
next birthday.”
The Harvey neighborhood crew includes a Black kid—quite the rarity in mainstream
comics back then, though race is never referenced: Tiny’s distinguishing trait
is his diminutive stature. “It was a way of showing that we’re all part of the
same neighborhood, that we all have the same aspirations…that we all can have
fun together,” Kathy Jackson, a professor of media at Virginia Wesleyan
University, told Jonny Harvey in an interview for his film. “Certainly, in the
1960s, in the age of civil rights, that had important ramifications.”
Most of Harvey’s founders, artists, and writers were first- or second-generation
Jewish immigrants, more than a little familiar with ethnic bigotry. Their
mission was to sell comics by creating stories that appealed to kids, encouraged
them to read, and imparted good values along the way.
Richie would be appalled by the thought that “the fundamental weakness of
Western civilization is empathy,” as Elon Musk told Joe Rogan in February. He
would never, as Musk did on X, brag about a weekend spent “feeding USAID into a
wood chipper.” Nor would he terrorize federal workers or seek Medicaid
reductions to facilitate tax cuts for his family. He wouldn’t slash research
funding, either—Richie loves scientists and inventors. He’d be inclined to build
them new, cutting-edge labs—and gleaming hospitals for the sick, and cozy abodes
for the unhoused.
Because Richie Rich is not an asshole.
He is, alas, entirely fictional. “There was no such person like that in the
world, who had that kind of money and would use it in the way Richie did,”
DeCesare told me. To longtime Harvey Comics editor Sid Jacobson, “Richie was his
idealized fantasy of what he really wished the wealthy would be; they would be
kind,” says son Seth Jacobson, 67, who remembers hanging out with his late
father’s team at their offices in Manhattan’s old Gulf and Western Building. “My
dad was a diehard Democrat,” he recalls. “He wanted taxes to be higher for the
rich and the upper middle class. He wanted universal health coverage.”
Some Richie characters were more in sync with the Mar-a-Lago crowd, like
Reginald Van Dough, Richie’s greedy, scheming cousin, and Mayda Munny, a snooty
social climber who is desperate to woo Richie away from Gloria but inevitably
fails because Gloria loves Richie despite his money, not because of it. “Those
comics were very moral. That’s what I liked about them,” says DeCesare. “Reggie
was a jerk. The idea was to be more like Richie. Be generous, kind, have empathy
for your fellow human beings. Reggie was presented as the guy who always got his
comeuppance.”
Ideally, children are encouraged to share and tell the truth—and to care about
others. As we grow up, some people continue to embrace those values. Others
clearly don’t. As for Richie’s parents, the question of what it might take to
amass and protect such riches or who may have been exploited in the process is
never explored. Did Mr. Rich, like even the “good billionaire” Warren Buffett,
have vast holdings in polluting industries or take advantage of obscure (if
scandalously legal) tax avoidance strategies? We’ll never know. Richie exists in
a realm free of adult politics, unscathed by what one wealthy Silicon Valley
denizen described to me as the “blasé weirdness” experienced by the heirs to
vast fortunes—think Succession. (“My wife and I are doing our best for that not
to happen,” Cuban told me. “I hope my kids are more like Richie.”)
The values Richie embodied, and our notion of noblesse oblige—the duty of
society’s richest to behave with honor, generosity, and responsibility toward
those with less—have waned in tandem with a staggering rise in wealth
inequality. In 1960, if your salary exceeded $60,000, every additional dollar
was taxed at a rate ranging from 71 percent to 91 percent. This helped keep our
financial differences in check. But the tax cuts signed by President Ronald
Reagan during the 1980s chopped the top bracket from 70 percent to 28 percent.
Two years after he left office, Congress enabled a type of trust—by accident,
the lawyer credited with inventing it told me—that America’s dynasties now use
routinely to transfer vast fortunes, often billions of dollars, to offspring
without paying a dime of inheritance tax.
Since Richie’s heyday, we’ve also witnessed the rise of the zero-sum mindset
embodied by Trump and his minions. Namely, the idea that every transaction has a
winner and a loser—and you do not want to lose. This ethos is now standard
operating procedure for a subset of the superrich, compelling ultrawealthy
parents to bribe and cheat their children’s way into elite colleges, as revealed
in the 2019 scandal dubbed Operation Varsity Blues. It also helps explain why
more than 84 percent of that year’s incoming college freshmen—whose collective
top priority in 1969 was “developing a meaningful philosophy of life”—selected
as their new No. 1 goal: “being very well off financially.”
A uniting myth of America for scrappers and strivers and immigrants is that of a
land of opportunity, despite the bigotry that has pervaded our laws and culture.
(Leon Harvey would have excelled in advertising, grandson Jonny told me, “but
Jewish sons of Jewish immigrants mostly could not get the advertising jobs.”)
The distribution of wealth in Richie’s day was by no means egalitarian, but it
was markedly more so than today. The notion of a child of superrich parents
attending public schools and mixing with poor and middle-income kids was less
laughable in 1965, when the pay ratio of CEOs to typical workers at the nation’s
350 largest companies was 21 to 1. By 2019, the ratio had soared to 320 to 1.
A real child of billionaires today probably wouldn’t be running around with poor
kids like Freckles and Pee-Wee.NBCUniversal/Sally Edelstein archive
Such vast resource differences contribute to what social scientists call “income
segregation,” and I like to call “wealth flight.” “The things that people can
afford tend to dictate the spaces that they inhabit,” explains Cornell
sociologist Kendra Bischoff, who studies the phenomenon in collaboration with
Stanford’s Sean Reardon. Rising inequality increases “the spatial separation of
people of different incomes,” she told me. When parents opt into private
schools, elite sports leagues, and other exclusive activities for their
children, “those are the kinds of structural conditions that lead kids to be a
lot less likely to hang out with each other,” and that lack of exposure very
plausibly “limits their understanding of the world and decreases empathy for
people who are different than them.”
There’s that word again—the one that, in the Trumpian mindset, belies weakness.
Indeed, there’s good evidence that people of higher socioeconomic status tend to
be less empathetic than their lower-status counterparts. “We find that people
who are relatively well-off are less likely to orient to others in social
environments,” says Paul Piff, a psychologist who studies wealth and behavior at
the University of California, Irvine. What’s more, he says, “upper-class
individuals show—both explicitly, they talk about it, and
physiologically—reduced signs of compassion, less sympathy. They’re less moved
by the needs of others.”
Who’s to know if hoarding money makes some people callous or whether
less-empathetic people are simply more prone to pursuing materialistic aims?
Cuban restated a theory I’ve heard numerous times, that great wealth merely
amplifies a person’s character: If you’re a Reginald sans dough, you’ll end up a
Reginald Van Dough. But “if you were nice and caring” before you hit the
jackpot, you’ll remain a good person—and have more resources to do good. “Where
I think people deviate from that is during the grind to make money—to get to
having more than you ever dreamed of,” Cuban says. “That grind is filled with
uncertainty for all those not born wealthy. That’s where you focus on your
company, often to the exclusion of others. Families. Relationships.”
The ramifications of America’s wealth divide have grown clearer as the Trump
regime lays waste to agencies and programs that the families of Richie’s friends
might have relied upon and seeks to privatize federal services and enact more
tax breaks for the wealthiest 0.01 percent—a group who began this year with an
average of $938 million in estimated household assets, and whose share of the
nation’s overall wealth has more than quadrupled since 1976, even as the middle
class’s share has dwindled.
Richie Rich was a good egg, if a Fabergé one. But today, as America’s wealthiest
have fallen in line behind the most egregiously materialistic human being ever
to occupy the Oval Office, Richie seems like an anachronism. Remember that Gulf
and Western Building where Harvey Comics once had its offices? In the mid-1990s
it was acquired by a consortium that included a certain New York City real
estate developer. Now it’s the Trump International Hotel and Tower.
The irony, as they say, is rich.
In the early morning hours of January 28, as dozens of Immigration and Customs
Enforcement officers arrived in New York to round up undocumented immigrants, a
shimmering Kristi Noem appeared in the Bronx. She wore a bulletproof vest and a
baseball cap, but also dramatic makeup and hair coiled to show off a set of
pearl earrings. “We are getting the dirtbags off these streets,” the new
Homeland Security secretary said in a three-second clip she posted to social
media.
The operation seemed designed for maximum coverage, despite actual goals
achieved. (While Trump officials claim operations round up felons, many of the
migrants arrested by ICE so far have no criminal record.) Still, Noem would
later tell CBS News that the raid was not about creating a “spectacle.” Instead,
she said the government simply sought “transparency.” But was that all? Here was
a top-ranking Trump appointee asserting the absence of performance after a
theatrical show of force. That Noem tagged along for the predawn crackdown in
the full glam of a Real Housewife made the claim even more absurd.
Noem’s anti-immigrant politics might have been familiar to South Dakotans. But
did they recognize their former governor? Noem is one of several figures—a few
men, but mostly women—in President Donald Trump’s orbit to undergo striking
physical transformations as the boundaries that once delineated celebrity and
political power fully disintegrate. The resulting look has since sparked
satirical backlash online, with critics mocking “conservative girl makeup.”
Clockwise from top left: Kristi Noem, Matt Gaetz, Kimberly Guilfoyle, and Lara
TrumpChip Somodevilla/Getty(2); Ivan Apfel/Getty; Dominic Gwinn/Zuma
But the most jarring aesthetic in this burgeoning MAGA stagecraft is the
unbridled embrace of face-altering procedures: plastic surgery, veneers, and
injectables like Botox and fillers. (As one Daily Mail headline declared,
“Plastic surgery was [the] star of [the] show” at the Republican National
Convention in 2024.) The overall look has since been disparagingly referred to
as “Mar-a-Lago face.”
Although plastic surgery and injectables are enjoyed far beyond conservative
circles, what distinguishes Mar-a-Lago face from what you and I might
contemplate getting done on an especially self-flagellating day is the
aggressive, overt nature with which MAGA-ites seem to pursue it. “Over the top,
overdone, ridiculous,” is how one New York plastic surgeon I spoke with
described it.
“What we’re seeing with something like Mar-a-Lago face is a swing back toward
[an era of plastic surgery when] people can tell that people have had work
done,” Alka Menon, a professor of sociology at Yale University, told me.
The lack of discretion within the current GOP might feel strange today when
many—even Kim Kardashian—appear to prize confidentiality. But for the
MAGA-verse, today’s tweaks seem intended to signal membership with Trump, a man
notoriously obsessed with the literal pageantry of beauty, and his broader
efforts to force strict gender norms onto the electorate. The aesthetic is, like
Trump’s politics, ridiculously blunt.
> “Over the top, overdone, ridiculous,” is how one New York plastic surgeon
> described it.
“I read it as a sign of physical submission to Donald Trump, a statement of
fealty to him and the idea that the surface of a policy is the only thing that
matters,” says Anne Higonnet, a professor of art history at Barnard College. “In
a way, these women are performing a key part of Donald Trump’s whole political
persona.”
Take Noem. Soon after Trump said that he was considering her to be his running
mate, Noem released an infomercial-style social media video debuting dental
work. The new smile, one Republican strategist told the New York Times, was “all
about her appeal to an audience of one.” Noem never got the VP role, and she was
sued for “deceptive advertising practices.” That lawsuit was dismissed, and she
denied being compensated for any advertisements. Still, Trump did appoint her to
lead the Department of Homeland Security, despite the fact she had neither
worked in the department nor had a background in law enforcement.
What Noem did seem to have was the face for the job. “I want you in the ads, and
I want your face in the ads,” Noem recently recalled Trump saying, referring to
a set of new taxpayer-funded ads celebrating the immigration crackdown. “I want
you to thank me. I want you to thank me for closing the border.”
Is one’s proximity to power in Trump’s administration, then, governed at least
partly by a willingness to mold oneself to the MAGA aesthetic, no matter how
severe the undertaking? As Menon put it to me: “Plastic surgery that is very
visible makes it clear that women have invested in their body, and that’s a
signal that they’re sending to everybody that they’re putting in this work.”
Call it girlboss logic with a MAGA facelift.
Strange and self-abasing tactics to signal affinity with the ruling class have
always existed. During Queen Elizabeth I’s reign, artificially blackened teeth
were considered fashionable among those who wanted to mimic the genuinely
decaying teeth of a monarch who consumed too much sugar.
If plastic surgery operates as a kind of professional certification, a move to
level you up in this administration, then is it not an act of empowerment? It
isn’t far-fetched to imagine these women and men—former Rep. Matt Gaetz
(R-Fla.), to start—believing that going under the knife could be a form of
legitimate labor, getting the literal work done to maximize one’s economic and
political standing.
Our capitalist beauty bonanza, of which I am a faithful adherent, insinuates
similar ideas: Botox advertises injectables as a path to confidence for women.
On TikTok, openness about the procedures you’ve undergone is seen as a critical
ingredient for virality.
The right has adopted this laboratory to sell itself to women, too. Trump-era
Republicans have long played a similar trick with the pop feminist catchphrase
of “empowerment.” In 2016, Lara Trump led a “Women Empowerment Tour” for the man
who would later gut Roe v. Wade and destroy initiatives to help women get equal
job opportunities. “Blazing a trail to empowerment” is how a lifestyle magazine
described Kimberly Guilfoyle, who led fundraising for Trump’s 2020 presidential
campaign. In 2019, now-Attorney General Pam Bondi wrote a Sun Sentinel editorial
urging voters to reelect Trump headlined: “President Trump empowering women
across America.”
Casting Mar-a-Lago face as a path to female freedom isn’t that odd, considering
the fun-house mirror feminism of the GOP. As Corey Robin wrote in The
Reactionary Mind, one need only turn to Phyllis Schlafly—the godmother of the
Republican women’s movement—to see how the right “adopts, often unconsciously,
the language of democratic reform to the cause of hierarchy.” Schlafly famously
co-opted the language of feminists when she criticized the Equal Rights
Amendment as “an attack on the rights of the wife.” (Noem’s office was generally
evasive when reached for comment on this piece. But one exchange struck me: “I
imagine you are focusing on men, right?”)
The new look among MAGA women is consistent with the conservative movement’s
decades-old willingness to embrace women’s rights—up to a point. As Ronnee
Schreiber, a politics professor at San Diego State University, notes: “The
caveat is, ‘Of course, women should have the ability to make choices, but we
don’t want to go as far as the feminists.’”
At a time when the GOP is viciously exploiting transgender Americans as a
cultural scapegoat, Schreiber notes, hyper-femininity also helps reinforce the
“norms and differences between femininity and masculinity.” In this way, women
in Republican politics show their male counterparts that they are committed to
the same conservative goals, but are not threatening. “It reaffirms the
femininity of women,” she adds, “even if they have power.” Here is the
gender-affirming care the right can celebrate.
Cut deeper. What happens to the self when surgery is embraced for the purpose of
political conformity, consciously or otherwise? At its most extreme, the result
might look something like a steady stream of fembots, indistinguishable and
dulled. But the urge to do Mar-a-Lago face also feels familiar to any woman.
“To me, it’s less about the gaze of one man,” Schreiber explains of Mar-a-Lago
face, “and more about the broader political meaning of gender.” For women to
have power, she notes, they often feel they must appease, with their appearance,
a man in power. This plays out in garish ways in Trumpworld. But the pressure on
women is not unique to politics.
> Trump’s Taj Mahal in Atlantic City, New Jersey, once offered a winner $25,000
> worth of plastic surgery.
We already know what happens when digital trends and algorithms dictate
real-life beauty standards. Just look at everyone’s cheeks. After years of
popular buccal fat removal procedures, Allure reports that in 2025, facial fat
grafting, wherein fat from other parts of the body is used to fill in those
recently hollowed-out faces, will be the look to chase.
Yet as fast-moving as our digital trends are, so too are the whims of Trump, a
man notorious for his chaotic management style. Naturally, the whiplash extends
to his views of plastic surgery.
After bringing Laura Loomer to several events to commemorate September 11 last
year, prompting alarm that the right-wing, xenophobic internet troll could serve
somewhere in his administration, the Atlantic reported that one of the final
factors to convince him otherwise was not only her hateful views, but also the
extent of her surgery.
The president has also specifically gone after face-altering procedures to
humiliate women. “She was bleeding badly from a facelift,” he once said as
president in 2017, referring to MSNBC’s Mika Brzezinski. Meanwhile, it’s been
alleged that Trump himself has had work done—which is to say nothing of the many
women in his orbit who have seemed to enjoy unfettered access to procedures.
Heralded as his most ambitious real estate endeavor, Trump’s Taj Mahal in
Atlantic City, New Jersey, once offered a winner $25,000 worth of plastic
surgery.
But young conservatives seem to be struggling with the aesthetics of their MAGA
elders. As MAGA influencer Arynne Wexler told New York’s Brock Colyar in
January: “We need to be better. That’s why I put my face in my videos. People
need to see that I look like a liberal! I look like a girl that would, ugh, vote
for Kamala [Harris].”
The urgency with which Wexler underscores a need to look “normal,” even like a
“liberal,” is clarifying: Young conservatives see many things to celebrate about
Trump—the end of DEI, the return of the r-word, cruelty—but looking like a
fembot is not one of them. It hints at the possibility that MAGA’s aesthetic
choices could expire as quickly as all the facial injections.
Or it simply could be the fact that they’re still young. The ambient pressure
will eventually come for them; it comes for us all.
When was the last time I caught a stranger looking at me with subtle desire?
Working full time from home at the cusp of early middle age, as a relatively new
mom with a 3-year-old, I genuinely can’t recall. I look like garbage most days
and since giving birth, the internal hormonal shift has left me, at times,
smelling like an Italian sub. (Botox could fix that, too, I know.)
So far, I have resisted the siren song of cosmetic enhancements, even as
friends, and many with increasing regularity, dabble in procedures. Yet I am
just as mesmerized by the standards of our internet-fueled homogeneity as anyone
else. It simply feels good to look good. And when the world feels so bad, why
not use everything available to feel good? So I spend too much on serums and
dodge the mirror in the mornings.
> I look like garbage most days and since giving birth, the internal hormonal
> shift has left me, at times, smelling like an Italian sub.
You could attribute my current resistance to a bunch of factors. But I suspect
that one of the strongest is having already experienced what seems like our
future every time I visit South Korea, the plastic surgery capital of the world
and my parents’ birthplace. The faces of manipulated uniformity—double eyelid
surgery, face-whitening injections, breast implants on laser-toned thin
bodies—are jolting to witness. And at first, it’s almost funny; the absolute
chokehold is weird to behold! But by the third or fourth day, the ambient sense
that I am the odd one, even ugly, starts to creep in. Perhaps a quick visit to
one of Seoul’s 600 plastic surgery clinics would fix things.
Which is to say that I hesitate to fault anyone in the eyeshot of the most
powerful person in the world—against all the signals both in and out of the
White House—for aesthetic choices made on their paths to power. Look at Joe
Biden, who in his own catastrophic stubbornness to retain the presidency was
suspected of heavy Botox.
But any empathy one might have for those who apparently feel a need to conform
to Mar-a-Lago face instantly evaporates when power is wielded for the shocking
cruelty we now see before us: mass deportations, but make it sexy. Noem in a
cowboy hat threatening “economic pain” upon other nations. Inhumanity as ASMR.
Each features a callous energy that courses through. In the same way their
aesthetics build on conservative notions of gender, ultimately producing such
garishness, Trump builds on old American ideals—empire and capitalism—and
turbocharges them into the nightmare before us.
This is the real brutality of the Mar-a-Lago aesthetic. It’s not the makeup or
potential plastic surgery, but the eagerness with which its adherents capitulate
to the whims of their king. American politics, like our faces, may never
recover.
One day about 10 years ago, Alicia Mitchell-Mercer experienced one of those
moments that change the course of a person’s life. She was a longtime paralegal
in Charlotte, North Carolina, working for a consulting company that helps law
firms with project management. In the lobby of a client firm that day, she
overheard a troubling conversation.
A receptionist was explaining the firm’s rates to a caller who was clearly in
distress. Ray (a pseudonym) was a single father and fast-food manager with three
girls between the ages of 7 and 12. His estranged common-law wife, struggling
with addiction, had moved in with a man who’d done prison time. Ray had heard
she was planning to leave town with him and take the kids, and he was desperate
to prevent it. Despite the urgency of his situation, the receptionist was
telling Ray the firm would be unable to help—he couldn’t afford their fees.
Mitchell-Mercer reached out to Ray. It turned out he’d already been to the
sheriff’s office and had consulted with a court advocate. Both said he needed an
emergency custody order—and a lawyer. She knew how to help him, but she couldn’t
do it on her own. Laws in all 50 states forbid what’s known as “unauthorized
practice of law.” UPL statutes generally preclude the provision of legal
services by nonlawyers, even old hands like Mitchell-Mercer, who, in addition to
her decades as a paralegal, has served in state and national legal organizations
and volunteered as a court-appointed child guardian.
For Ray, she found a workaround. On her own time, she ghostwrote a complaint and
had an attorney she knew review it. Ray filed the complaint as an unrepresented
litigant and got his emergency order. But by the time his daughters were
located, several weeks after Mitchell-Mercer reached out, the girls were living
in another state and said they’d been assaulted and sexually abused.
Mitchell-Mercer dreads to imagine how much worse things might have been had she
not intervened. “This man had gone to everyone under the sun to try and get help
and wasn’t able to,” she said. “That was one of the first times I realized how
broken things were.”
With that realization, she would soon find herself drawn into an unusual
coalition of left-leaning academics, grassroots activists, and libertarian
lawyers, all striving to democratize civil legal services by suing states,
including her own, to roll back their UPL laws. Strange bedfellows, to be sure,
but their timing is impeccable. As the pendulum swings in favor of deregulation,
even some progressive politicians and traditional fans of zealous government
oversight have cast a skeptical eye on overbearing restrictions, like the zoning
and environmental codes that are thwarting construction of desperately needed
housing and clean energy projects.
Depending on whom you ask, if Mitchell-Mercer and her allies can put their
arguments before the Supreme Court, they could either smash barriers that have
left millions of Americans helpless against abusive partners, bad landlords, and
heartless corporations or usher in a bonanza of poverty predation—or both.
Either way, their efforts have the potential to change the legal landscape
profoundly.
The failings of America’s criminal justice system are common knowledge, but our
civil legal system, which affects even more people, is no less compromised—and
there’s no civil equivalent to the Sixth Amendment’s right to counsel in
criminal cases. A 2022 report from the Legal Services Corporation (LSC), a
nonprofit that Congress established during the 1970s to fund free civil legal
aid for the poor, notes that “low-income Americans do not get any or enough
legal help for 92 percent of their substantial civil legal problems.”
More than 70 percent of low-income families encounter at least one such issue a
year, the LSC reports. As in Ray’s case, these are often true
emergencies—domestic violence, eviction, predatory debt collection—with
life-altering stakes. A 2018 study found, for example, that tenants facing
eviction in the Minneapolis area were four to five times more likely to be
forcibly removed from their home if they lacked legal representation. But
lawyers charge around $300 an hour on average, putting their services out of
reach for even much of the middle class.
State legal aid organizations, meanwhile, are independent nonprofits and,
despite some government support, are badly underfunded. In Mitchell-Mercer’s
home state, there is only one Legal Aid attorney for every 8,000 eligible
people—those with annual household income of no more than $39,000 for a family
of four (125 percent of the federal poverty level). The National Center for
Access to Justice ranked North Carolina the third-worst state for access to
civil attorneys—only Mississippi and South Dakota scored lower. About half of
its counties are legal deserts, with fewer than one lawyer per 1,000
residents.
This dearth of affordable representation affects communities of color
disproportionately, and Mitchell-Mercer, who is Black, is regularly approached
by members of her church. A woman needs assistance getting a restraining order.
A family facing eviction doesn’t know how to respond to court papers. The
immediate solutions are often straightforward—a matter of properly filing
standard legal documents—and well within her realm of expertise. But even such
minimal assistance is verboten.
In theory, the UPL laws are in the public interest—conceived, in part, to
protect people from predatory charlatans and incompetent practitioners. But
they’re also the primary mechanism by which lawyers maintain their monopoly on
legal advice. Even as Americans have grown used to receiving basic medical care
from physician assistants and nurse practitioners—including diagnoses,
treatment, and prescriptions—UPL rules ensure that no equivalents exist for
legal services. Most of the statutes are extremely broad, encompassing
everything from giving legal advice to drafting documents and appearing in
court. They are vigilantly policed by the state bars, and violating them exposes
nonlawyers like Mitchell-Mercer to sanctions, even including jail time. Which is
why, when someone comes to her for help, there’s often little she can do.
To a degree unmatched by other professions, American law is a self-governing
fiefdom. There are no federal rules for lawyers. Officially, state supreme
courts act as industry overseers, but as a practical matter, regulation is
largely delegated to state bars. These are the licensing bodies that lawyers
join upon passing the bar exam, as opposed to bar associations, which are
professional groups. State bars determine not only who may practice law but what
constitutes that practice—including tasks that people without a law degree are
quite capable of handling.
Stanford law professor Nora Freeman Engstrom and researcher James Stone trace
the current regime back to the 1930s, when bar associations launched a fusillade
of litigation against unions, homeowners associations, and auto clubs that
provided legal services to members, accusing them of violating incipient UPL
laws. “In state after state,” Engstrom and Stone wrote in the Yale Law Journal,
the bar associations prevailed, eliminating competition and decimating “a
once-thriving system for the provision of group legal services to ordinary
Americans.”
The industry’s evolution over the past half-century has only made access to
lawyers more exclusive, said James Sandman, a Penn Law School lecturer and
former LSC president. In 1973, less than half of law firm revenue came from
corporate clients, as opposed to individuals; by 2023, the figure was nearly 75
percent. “They’re going after the clients that can afford to pay,” Sandman said.
“Individuals who don’t have lawyers have to navigate an unbelievably
complicated, opaque system designed by lawyers for lawyers.” He continued, “But
the image people have of what goes on in a courtroom, where both parties have
lawyers arguing facts on behalf of their clients, is a fiction in more than
three-quarters of civil cases.”
> “I’m not going to jail for you or anybody else,” says a social worker who
> helps with visitation and custody issues at a free legal clinic. “People say,
> ‘What would you do?’ Well, I can’t tell you.”
The legal industry fiercely resists incursions onto its turf. In response to a
2008 proposal to loosen UPL restrictions in Washington, the state bar
association claimed the move would create “second class, separate but unequal,
justice” and deprive less-affluent lawyers of work. The North Carolina bar
issued a cease-and-desist letter that year to LegalZoom, saying the tech firm’s
document-creation service violated UPL law. (The company, which has faced
similar challenges elsewhere—most recently in New Jersey—then sued the North
Carolina bar and later settled, agreeing to have lawyers vet all of its
documents.)
Meanwhile, a 2015 proposal to relax California’s UPL rules would, one foe
argued, be “detrimental to the honest attorneys who are trying to make a
living.” But the image of a general-practice lawyer hanging a shingle on Main
Street is largely a relic of the past. Today’s median lawyerly income is roughly
$150,000, and law is increasingly a business of corporate specialists. From 2013
to 2023, the number of lawyers working at firms that have more than 500
attorneys increased by 36 percent.
The bar’s proposed solutions to the affordability crisis—increasing legal aid
funding and expanding pro bono requirements—are woefully inadequate. “Providing
even one hour of attorney time to every American household facing a legal
problem would cost on the order of $40 billion,” legal scholars Gillian Hadfield
and Deborah Rhode wrote in 2016—almost 30 times the overall legal aid
expenditures in 2013. To provide even this minimal level of counsel, they
calculated, every licensed attorney in the United States would have to clock
more than 200 pro bono hours a year.
To make a dent in the problem, legal aid organizations would need a massive
increase in support. Last year, Congress approved only $560 million for the
Legal Services Corporation, about a third of its budget request. And even if LSC
were fully funded, lots of low-income litigants would be stuck on the
sidelines. Those who are ineligible for financial or other reasons, and who
can’t find other pro bono legal help, are left to navigate a patchwork of free
clinics and courthouse services that vary greatly in quantity and quality.
Concentrated in urban areas, these clinics are generally staffed by nonlawyers
who cannot offer clients any actual legal advice.
Daniel Stolle
On a recent morning at a courthouse in downtown Raleigh, employees of the Wake
County Legal Support Center were helping people fill out standard forms and
offering instructions on how to serve court papers. The center, one of the few
of its kind in North Carolina, opened in January 2023. A local judge had
estimated that 2,000 people might use it each year. In 2024, it served almost
14,000.
Seated at a long plastic table, a court advocate who specializes in domestic
violence issues was especially busy. “Does she have a concealed carry permit?”
she asked a bearded Black man in an orange construction shirt and mud-caked
boots. The man shook his head. He was filing for an emergency protective order
against his partner for himself and his child. Still, he said, “she could tweak
out at any moment.” He left the center visibly relieved, an envelope of
completed forms tucked under his arm. But the two young women who came next
couldn’t decide how to proceed. They wanted the advocate to advise them, but she
wasn’t allowed. Both left empty-handed.
This happens all the time, Norma Boyd, who was sitting at an adjacent table,
told me. Boyd, a veteran social worker whom everyone calls Ms. Norma, handles
questions about child custody and visitation. Often, she said, people have
difficulty understanding basic legal terms. “I ask, ‘Are you the plaintiff or
the defendant?’ They don’t know.” Even if they file initial paperwork, their
cases are frequently dismissed when, without further guidance, they miss
follow-up steps such as serving documents and filing certificates of service.
For people without an attorney, the courtroom is an intensely frustrating,
alienating place. “I felt like this street rat showing up to a cocktail party
uninvited, and everybody knows what’s going on except me,” one North Carolinian
who’d represented himself in a custody trial against a lawyered-up former
partner told me.
Boyd, with her proximity to family law, often knows perfectly well what the
center’s clients ought to do. But “I’m not going to jail for you or anybody
else,” she said. “People say, ‘What would you do?’ Well, I can’t tell you. I
tell people, ‘These are your options.’ People want you to tell them what to do,
and I can’t.”
Mitchell-Mercer’s quest to reform the system took shape in 2020, when she and
another paralegal, S.M. Kernodle-Hodges, founded a nonprofit called the North
Carolina Justice for All Project. They were inspired by policy changes in a
handful of other states, notably Arizona, Utah, and Washington, that permit
nonlawyers who’ve undergone special licensing programs to provide limited legal
assistance. In Utah, they can work on family law matters, including domestic
abuse, child custody, and divorce, plus eviction and debt collection cases. In
Arizona, they can handle certain criminal and juvenile law issues. In both
states, they can give advice; review, draft, sign, and file documents; and
accompany clients to court. (Similar programs are now under consideration in
about a half-dozen other states.)
Kernodle-Hodges, a former deputy sheriff who calls everyone by their last
name—she goes by “Kernodle”—had been thinking about bringing such a program to
North Carolina. On a colleague’s recommendation, she reached out to
Mitchell-Mercer, who had served a stint in the Army and written her master’s
thesis on legal services.
They proved a good fit. Kernodle, too, is Black and a court advocate. Both women
are extraordinarily disciplined and scheduled to the hilt with professional and
volunteer obligations. Both have a precise, punctuated way of speaking and a
kind of regal poise.
In January 2021, they proposed a program comparable to those in Arizona and Utah
to the North Carolina bar. At more than 100 pages, their plan was deeply
researched, with rigorous citations. The bar’s Subcommittee Studying Regulatory
Change, of which Mitchell-Mercer and Kernodle were members, held a series of
meetings and hosted outside experts to vet the proposal.
> “When you have this many disparate parties involved, the Supreme Court is
> going to have to resolve it…It’s going to be one of the first big economic
> regulation cases of our era.”
In January 2022, the subcommittee issued a report fully endorsing it. But the
authors weren’t convinced they would get a fair shake. “What we were hearing was
that there was some hesitancy to move forward,” Mitchell-Mercer recalled. “Our
ideas were getting explained to other bar committees, and not necessarily being
well received.”
Indeed, the bar went on to create another subgroup, supposedly to address the
access question, from which the two women were excluded. When that committee
first met, in October 2022, they posted a message to the Justice for All
Project’s website: “We are concerned that this new committee was formed solely
to appear that state bar leaders are doing something about the access to justice
crisis and to appear empathetic to the plight of North Carolinians,” they wrote.
And “there is reasonable concern that North Carolina State Bar officers have no
serious intention of acting on previously discussed initiatives.”
A prominent lawyer sympathetic to Kernodle and Mitchell-Mercer told them that
bar leaders were describing them as “angry and aggressive,” an offensive
stereotype. Mitchell-Mercer tried to take it in stride. Kernodle was upset.
“Mercer is a look-at-the-bright-side person,” Kernodle explained. “She will give
you the very proper language about everything. My thing is: What’d you
say?!” But they had been careful not to frame their proposal in racial terms.
“No matter how cordial we were, it was still upsetting to them,” Kernodle said.
The bar took no further action, in any case. And so, in 2023, the women
submitted a similar proposal to the state legislature, backed by more than a
dozen legal entities, including the US Department of Justice, whose antitrust
division commended their “thoughtful analysis and policy recommendations and
looks forward to reviewing any related bills that ultimately are introduced to
the North Carolina legislature.”
None were forthcoming. Kernodle and Mitchell-Mercer had encouraging talks with
several lawmakers, but their proposal, which asserted that UPL laws gave
attorneys “no meaningful incentive to provide affordable services,” clearly
ruffled some feathers.
Amy Galey, a Republican state senator and an attorney, sent the women a
blistering email that March, copying her Republican colleagues: “So you want to
create a two-tiered system of legal representation, one of well-educated
licensed lawyers for people who can afford them, and a second tier of
unlicensed, unregulated people of questionable education for low income people,”
she wrote. “If your response would be no, they would be licensed, and we would
regulate them, and they would be required to have a certain education—yes we
have that already, and they are called attorneys.” She went on: “Your proposal
would create an A-team and a B-team…and ultimately solve nothing.” Asked for
further comment, Galey replied, “That’s a really good quote, glad I said it, and
I don’t have anything to add.”
Her message effectively ended the discussion. Kernodle and Mitchell-Mercer heard
nothing more from the legislature.
Even as they contemplated defeat, the women were introduced to an unexpected
ally, Paul Sherman, a senior attorney with the Institute for Justice, an
influential libertarian public-interest law firm. Founded in 1991 as a nonprofit
with a $350,000 grant from Charles Koch’s foundation, the IJ now spends about
$44 million a year, much of it litigating in federal courts to “protect the
constitutional rights of Americans” against what its funders and principals view
as regulatory overreach.
Professional licensing laws are among the firm’s favorite targets. In Louisiana,
Florida, Kentucky, and elsewhere, the IJ has successfully challenged what it
argued were onerous licensing laws for engineers, diet coaches, florists, and
tour guides. Since the late 2000s, it has increasingly framed professional
licensing as a violation of the First Amendment, relying on a series of Supreme
Court decisions that eroded the right to limit certain kinds of speech.
In one 2015 case, Reed v. Town of Gilbert, the court held that an Arizona town’s
attempts to restrict public signage based on its content were unconstitutional.
In another, National Institute of Family and Life Advocates v. Becerra, in 2018,
the justices rejected the idea that professional speech and commercial speech
enjoy less protection than personal speech. “There’s never been a better time in
American history to be litigating free speech cases,” Sherman told me. “The
court has adopted a more or less libertarian interpretation of the speech
clauses of the First Amendment.”
> Without adequate guardrails, “there can be consumer fraud. There can be a
> whole variety of issues…We need to be focused on: What’s good for the public?”
In January 2024, Sherman filed a First Amendment lawsuit on behalf of the
Justice for All Project that challenges the scope of North Carolina’s UPL
prohibitions. Naming five local district attorneys and the president of the
state bar as defendants, it builds on the IJ’s suit against New York state—where
the firm represents a pastor and a legal-tech nonprofit called Upsolve, arguing
that they should be able to advise clients battling debt collectors—and a
similar case brought by the NAACP in South Carolina that centered on eviction.
The Upsolve case is under review by the 2nd Circuit after a lower court issued a
preliminary injunction in the nonprofit’s favor, and the South Carolina Supreme
Court has granted the NAACP permission to train nonlawyers to provide
eviction-related advice.
But the North Carolina claims are substantially broader, asserting the right of
nonlawyers to advise clients on a spectrum of issues and charge for their
services. This is by design. “The goal is for the Supreme Court to make clear
that advice, no matter what the topic, is protected by the First Amendment,”
Sherman said.
Legal experts figure this case, or a similar one, has a good shot at getting in
front of the high court, and soon. “It’s not going to stop in North Carolina,”
said Lucy Ricca, executive director of the Deborah L. Rhode Center on the Legal
Profession at Stanford. “These cases have the potential to blow through” the
political morass. “When you have this many disparate parties involved, the
Supreme Court is going to have to resolve it,” concurred Dan Rodriguez, a
professor at Northwestern Law School. “It’s going to be one of the first big
economic regulation cases of our era.”
Sherman acknowledges that taking on the bar is, well, a high bar. “We tried to
think of occupations that are composed largely of speech, and of course, one of
the first that occurred to us was our own: the practice of law,” he said, but
“before we could challenge that system, we had to have some victories involving
other occupations to establish the legal principles in a setting that would be
less scary to judges.”
He now believes the Institute for Justice has the precedents it needs. It
doesn’t hurt that at least one Supreme Court justice has expressed displeasure
with the status quo. Lawyers “have used the expansive UPL rules they’ve sought
and won to combat competition from outsiders seeking to provide routine but
arguably ‘legal’ services at low or no cost to consumers,” Neil Gorsuch wrote in
a 2016 article. “It seems well past time to reconsider our sweeping UPL
prohibitions.”
A Supreme Court ruling favoring the IJ in the North Carolina case could greatly
expand access to civil justice for the people whom Mitchell-Mercer and Kernodle
aim to help. But even some access-to-justice proponents are wary. If you wipe
out all restrictions on providing legal advice, “there’s no logical stopping
place,” Northwestern’s Rodriguez told me. That’s part of why more than a dozen
civil legal services and rights groups in New York oppose the IJ’s suit there,
including Legal Services NYC, the nation’s largest provider of free civil legal
assistance.
> “When we started making these arguments, people laughed at the idea that the
> First Amendment could apply to professional speech…People aren’t laughing at
> these arguments anymore.”
“Plaintiffs would immediately relegate low-income New Yorkers, including
low-income New Yorkers of color, to receiving questionable legal advice,” the
groups wrote in an amicus brief. “The consequences,” they argue, “can be
disastrous.” Incompetent legal guidance could pave the way for “creditors and
debt collectors to secure an unaffordable settlement agreement or an easy
judgment that they can then use to freeze bank accounts and garnish wages.”
Critics also fear that artificial intelligence would unleash a firehose of
dubious counsel.
Without adequate guardrails, “there can be consumer fraud. There can be a whole
variety of issues,” Andrew Perlman, the dean of Suffolk University Law School,
told me. It’s not hard to imagine entrepreneurs akin to payday lenders and
skeezy tax preparers opening outlets in low-income neighborhoods to peddle legal
help. “We need to be focused on: What’s good for the public?” Perlman said.
The fact that Sherman’s group takes money from dynasties like the Kochs and the
DeVoses doesn’t exactly ease liberals’ concerns. “Open their books and it’s a
cornucopia of ProPublica’s worst nightmares!” Rodriguez quipped. “There are
going to be people drafting on these sympathetic plaintiffs, looking for
economic advantage. You think you’re protecting access to justice, but actually,
you’re feeding the Koch brothers’ wildest fever dreams!”
Hadfield, who teaches at Johns Hopkins University and is an influential voice on
the access issue, is skeptical of the First Amendment framing. “I don’t think
that [just] anybody should be able to say anything to anybody about legal
matters,” she told me, and merely empowering competent nonlawyers to provide
advice isn’t enough, given the scope of the problem. She dreams of a future in
which large nonprofits and businesses harness technology, including AI, to
furnish reliable, ethical, low-cost legal assistance on a massive scale.
Many academics who study civil legal access share a similar vision. You could
have Amazon get in on the act, and also retailers like Walmart, whose customers
might one day obtain a simple will or even a divorce while picking up their
prescriptions. “We’re worried about the impact of these companies in
communities, but they’re also just better at serving consumers than lawyers
are,” said Stanford’s Ricca. “Lawyers think we’re really, really special—a
privileged class. But we’re just not serving regular people anymore.”
Qualms aside, Hadfield does hope the First Amendment cases succeed, “because we
need to break open a very, very harmful set of practices: this stranglehold that
the legal bar has.” There’s no evidence that litigants have been harmed in the
states that have relaxed UPL rules, she added—and a scorched-earth approach may
well be a necessary first step in creating a more equitable and thoughtfully
regulated industry.
The Justice for All Project hit a snag in December, when a federal judge
dismissed its case. The court ruled that North Carolina’s UPL statutes regulate
“conduct”—the practice of law—with only “an incidental impact on speech,” and
thus do not violate the First Amendment. The decision relied, in part, on a
recent appellate ruling against another IJ client, a drone photography company
that North Carolina targeted for the “unlicensed practice of land surveying.”
The December ruling is “disappointing but not surprising,” Sherman told me,
arguing that both decisions clearly misapply Supreme Court precedent.
He is appealing the Justice for All case while the high court considers whether
to review the drone case. For Sherman, both losses are merely temporary
setbacks: “We’ve been litigating these cases for 15 years. What’s amazing is
when we started making these arguments, people laughed at the idea that the
First Amendment could apply to professional speech. The Supreme Court agreed
with us. People aren’t laughing at these arguments anymore.”
Mitchell-Mercer, too, was skeptical of Sherman’s strategy at first. “I had never
thought of this as a First Amendment issue,” she told me. But she’s come around,
even adopting some of the language of her libertarian allies. “People should be
trusted to know that they’re gonna get what they pay for,” she said.
“Prohibiting people from even having a conversation is almost a weaponizing of
paternalism. Telling people that we’re going to control who you can talk to
about your issue, who you can hear from, is not benefiting the public. It
benefits the lawyers.”
Luchia Brown used to bomb around Denver in her Subaru. She had places to be.
Brown, 57, works part time helping to run her husband’s engineering firm while
managing a rental apartment above their garage and an Airbnb out of a section of
the couple’s three-story brick house. She volunteers for nonprofits, sometimes
offering input to city committees, often on transportation policy. “I’m a
professional good troublemaker,” she jokes when we meet in her sun-soaked
backyard one fine spring day.
She’s also an environmentally conscious type who likes the idea of driving less.
Brown bought a regular bike years ago, but mainly used it just for neighborhood
jaunts. “I’m not uber-fit,” she says. “I’m not a slug, but I’m not one of the
warriors in Lycra, and I don’t really want to arrive in a sweat.”
Then, a couple of years ago, she heard Denver was offering $400 vouchers to help
residents purchase an e-bike—or up to $900 toward a hefty “cargo” model that can
haul heavier loads, including children. She’d considered an e-bike, but the
city’s offer provided “an extra kick in the derriere to make me do it.”
She opens her garage door to show off her purchase: a bright blue Pedego
Boomerang. It’s a pricey model—$2,600 after the voucher—but “it changed my
life!” she says. Nowadays, Brown thinks nothing of zipping halfway across town,
her long dark-gray hair flying out behind her helmet. Hills do not faze her.
Parking is hassle-free. And she can carry groceries in a crate strapped to the
rear rack. She’d just ridden 4 miles to a doctor’s appointment for a checkup on
a recent hip replacement. She rides so often—and at such speeds—that her husband
bought his own e-bike to keep up: “I’m like, ‘Look, when you’re riding with me,
it’s not about exercise. It’s about getting somewhere.’”
She ended up gifting the Subaru to her son, who works for SpaceX in Texas. The
only car left is her husband’s work truck, which she uses sparingly. She prefers
the weirdly intoxicating delight of navigating on human-and-battery power: “It’s
joy.”
Many Denverites would agree. Over the two years the voucher program—pioneering
in scale and scope—has been in effect, more than 9,000 people have bought
subsidized e-bikes. Of those, more than one-third were “income qualified”
(making less than $86,900 a year) and thus eligible for a more generous subsidy.
People making less than $52,140 got the most: $1,200 to $1,400. The goal is to
get people out of their cars, which city planners hope will deliver a bouquet of
good things: less traffic, less pollution, healthier citizens.
Research commissioned by the city in 2022 found that voucher recipients rode 26
miles a week on average, and many were using their e-bikes year-round. If even
half of those miles are miles not driven, it means—conservatively, based on
total e-bikes redeemed to date—the program will have eliminated more than 6.1
million automobile miles a year. That’s the equivalent of taking up to 478
gas-powered vehicles off the road, which would reduce annual CO2 emissions by
nearly 190,000 metric tons.
Subsidizing electric vehicles isn’t a new concept, at least when those vehicles
are cars. President Barack Obama’s 2009 American Recovery and Reinvestment Act
offered up to $7,500 to anyone who bought an electric car or light truck, capped
at 200,000 per automaker. In 2022, President Joe Biden’s Inflation Reduction Act
created new and similar rebates without the caps. The US government has spent
more than $2 billion to date subsidizing EV purchases, with some states and
cities kicking in more. Weaning transportation off fossil fuels is crucial to
decarbonizing the economy, and EVs on average have much lower life-cycle CO2
emissions than comparable gas vehicles—as little as 20 percent, by some
estimates. In states like California, where more than 54 percent of the
electricity is generated by renewables and other non–fossil fuel sources, the
benefits are even more remarkable.
Now, politicians around the country have begun to realize that e-bikes could be
even more transformative than EVs. At least 30 states and dozens of cities—from
Ann Arbor, Michigan, to Raleigh, North Carolina—have proposed or launched
subsidy programs. It’s much cheaper than subsidizing electric cars, and though
e-bikes can’t do everything cars can, they do, as Brown discovered, greatly
expand the boundaries within which people work, shop, and play without driving.
Emissions plummet: An analysis by the nonprofit Walk Bike Berkeley suggests that
a typical commuter e-bike with pedal assist emits 21 times less CO2 per mile
than a typical electric car (based on California’s power mix) and 141 times less
than a gas-powered car. And e-bikes are far less resource- and energy-intensive
to manufacture and distribute.
Cities also are coming to see e-bikes as a potential lifeline for their
low-income communities, a healthy alternative to often unreliable public transit
for families who can’t afford a car. And that electric boost gives some people
who would never have considered bike commuting an incentive to try, thus helping
facilitate a shift from car dependency to a more bikeable, walkable, livable
culture.
In short, if policymakers truly want to disrupt transportation—and reimagine
cities—e-bikes might well be their secret weapon.
--------------------------------------------------------------------------------
--------------------------------------------------------------------------------
I’m an avid urban cyclist who rides long distances for fun, but I don’t ride an
electric. So when I landed in Denver in April, I rented a Pedego e-bike to see
how battery power would affect my own experience of getting around a city.
Reader: It was delightful. Denver is flat-ish, but it’s got brisk winds and
deceptively long slopes as you go crosstown. There are occasional gut-busting
hills, too, including one leading up to Sunnyside, the neighborhood where I was
staying. Riding a regular bike would have been doable for an experienced cyclist
like me, but the battery assist made longer schleps a breeze: I rode 65 miles
one day while visiting four far-flung neighborhoods. On roads without traffic, I
could cruise along at a speedy 18 miles an hour. The Cherry Creek bike trail,
which bisects Denver in a southeast slash, was piercingly gorgeous as I pedaled
past frothing waterfalls, families of ducks, and the occasional tent pitched
next to striking pop art on the creekside walls. My Apple watch clocked a decent
workout, but it was never difficult.
Author Clive Thompson (left) and Mike Salisbury ride together in Denver.Theo
Stoomer
I did a lunch ride another day with Mike Salisbury, then the city’s
transportation energy lead overseeing the voucher program. Tall and lanky, with
a thick mop of straight brown hair, Salisbury wears a slim North Face fleece and
sports a beige REI e-bike dusted with dried mud. He’s a lifelong cyclist, but
the e-bike, which he’d purchased about two years earlier, has become his go-to
ride. “I play tennis on Fridays, and it’s like 6 miles away,” he says, and he
always used to drive. “It would never, ever have crossed my mind to do it on my
acoustic bike.”
E-bikes technically date back to 1895, when the US inventor Ogden Bolton Jr.
slapped an electric motor on his rear wheel. But for more than a century, they
were niche novelties. The batteries of yore were brutally heavy, with a range of
barely 10 miles. It wasn’t until the lithium-ion battery, relatively lightweight
and energy-dense, began plunging in price 30 years ago that e-bikes grew lighter
and cheaper. Some models now boast a range of more than 75 miles per charge,
even when using significant power assist.
All of this piqued Denver’s interest. In 2020, the city had passed a ballot
measure that raised, through sales taxes, $40 million a year for environmental
projects. A task force was set up to figure out how to spend it. Recreational
cycling has long been a pastime in outdoorsy Colorado, and bike commuting boomed
on account of the pandemic, when Covid left people skittish about ridesharing
and public transit. E-bikes, the task force decided, would be a powerful way to
encourage low-emissions mobility. “We were thinking, ‘What is going to reduce
VMT?’”—vehicle miles traveled—Salisbury recalls. His team looked at e-bike
programs in British Columbia and Austin, Texas, asked dealers for advice, and
eventually settled on a process: Residents would get a voucher code through a
city website and bring it to a local dealer for an instant rebate. The city
would repay the retailer within a few weeks.
A program was launched in April 2022 with $300,000, enough for at least 600
vouchers. They were snapped up in barely 10 minutes, “like Taylor Swift fans
flooding Ticketmaster,” Salisbury wrote in a progress report. His team then
secured another $4.7 million to expand the program. “It was like the scene in
Jaws,” he told me: “We’re gonna need a bigger boat.” Every few months, the city
would release more vouchers, and its website would get hammered. Within a year,
the program had handed out more than 4,700 vouchers, two-thirds to
income-qualified riders.
Mike Salisbury, former head of Denver’s e-bike voucher programTheo Stroomer
Denver enlisted Ride Report, an Oregon-based data firm, to assess the program’s
impact: Its survey found that 65 percent of the e-bikers rode every day and 90
percent rode at least weekly. The average distance was 3.3 miles. Salisbury was
thrilled.
The state followed suit later that year, issuing e-bike rebates to 5,000
low-income workers (people making up to 80 percent of their county’s median
income). This past April, state legislators approved a $450 tax credit for
residents who buy an e-bike. Will Toor, executive director of the Colorado
Energy Office, told me he found it very pleasant, and highly unusual, to oversee
a program that literally leaves people grinning: “People love it. There’s
nothing we’ve done that has gotten as much positive feedback.”
I witnessed the good cheer firsthand talking to Denverites who’d taken advantage
of the programs. They ranged from newbies to dedicated cyclists. Most said it
was the subsidy that convinced them to pull the trigger. All seemed fairly
besotted with their e-bikes and said they’d replaced lots of car trips. Software
engineer Tom Carden chose a cargo model for heavy-duty hauling—he’d recently
lugged 10 gallons of paint (about 110 pounds) in one go, he told me—and
shuttling his two kids to and from elementary school.
Child-hauling is sort of the ideal application for cargo bikes. I arrange a ride
one afternoon with Ted Rosenbaum, whose sturdy gray cargo e-bike has a toddler
seat in back and a huge square basket in front. I wait outside a local day care
as Rosenbaum, a tall fellow clad in T-shirt and khakis, emerges with his
pigtailed 18-month-old daughter. He straps her in and secures her helmet for
their 2.5-mile trek home. “It’s right in that sweet spot where driving is 10 to
15 minutes, but riding my bike is always 14,” Rosenbaum says as we glide away.
“I think she likes this more than the car, too—better views.”
The toddler grips her seatposts gently, head swiveling as she takes in the
sights. Rosenbaum rides slowly but confidently; I’d wondered how drivers would
behave around a child on a cargo bike, and today, at least, they’re pretty
solicitous. A white SUV trails us for two long blocks, almost comically hesitant
to pass, until I give it a wave and the driver creeps by cautiously. At the next
stoplight, Rosenbaum’s daughter breaks her silence with a loud, excited yelp:
There’s a huge, fluffy dog walking by.
E-bikes stir up heated opposition, too. Sure, riders love them. But some
pedestrians, drivers, dog walkers, and “acoustic” bikers are affronted, even
enraged, by the new kid on the block.
This is particularly so in dense cities, like my own, where e-bikes have
proliferated. By one estimate, New York City has up to 65,000 food delivery
workers on e-bikes. Citi Bike operates another 20,000 pay-as-you-go e-bikes, and
thousands of residents own one. When I told my NYC friends about this story,
probably half, including regular cyclists, blurted out something along the lines
of, “I hate those things.” They hate when e-bikers zoom past them on bike paths
at 20 mph, dangerously close, or ride the wrong direction down bike lanes on
one-way streets. And they hate sharing crowded bikeways with tourists and
inexperienced riders.
> “You have to build” bike infrastructure first, notes one advocate. “If we’re
> going to wait for the majority of the population to let go of car dependency,
> we’re never going to get here.”
In September 2023 near Chinatown, a Citi Bike customer ran into 69-year-old
Priscilla Loke, who died two days later. After another Citi Biker rammed a
Harlem pedestrian, Sarah Pratt, from behind, Pratt said company officials
insisted they weren’t responsible. Incensed, a local woman named Janet Schroeder
co-founded the NYC E-Vehicle Safety Alliance, which lobbies the city for
stricter regulations. E-bikes should be registered, she told me, and she
supports legislation that requires riders to display a visible license plate and
buy insurance, as drivers do. This, Schroeder says, would at least make them
more accountable. “We are in an e-bike crisis,” she says. “We have older people,
blind people, people with disabilities who tell me they’re scared to go out
because of the way e-bikes behave.”
Dedicated e-bikers acknowledge the problem, but the ones I spoke with also felt
that e-bikes are taking excessive flak due to their novelty. Cars, they point
out, remain a far graver threat to health and safety. In 2023, automobiles
killed an estimated 244 pedestrians and injured 8,620 in New York City, while
cyclists (of all types) killed eight pedestrians and injured 340. Schroeder
concedes the point, but notes that drivers at least are licensed and insured—and
are thus on the hook for casualties they cause.
Underlying the urban-transportation culture wars is the wretched state of bike
infrastructure. American cities were famously built for cars; planners typically
left precious little room for bikes and pedestrians, to say nothing of e-bikes,
hoverboards, scooters, skaters, and parents with jogging strollers. Cars hog the
roadways while everyone else fights for the scraps. Most bike lanes in the
United States are uncomfortably narrow, don’t allow for safe passing, and are
rarely physically separated from cars—some cyclists call them “car door lanes.”
The paths winding through Denver’s parks are multimodal, meaning pedestrians and
riders of all stripes share the same strip, despite their very different
speeds.
Even in this relatively bike-friendly city, which has 196 miles of dedicated
on-road bike lanes, riding sometimes requires the nerves of a daredevil. I set
out one afternoon with 34-year-old Ana Ilic, who obtained her bright blue e-bike
through the city’s voucher program. She used to drive the 10 miles to her job in
a Denver suburb, but now she mostly cycles. She figures she clocks 70 miles a
week by e-bike, driving only 10.
Her evening commute demonstrates the patchiness of Denver’s cycling network.
Much of our journey is pleasant, on quieter roads, some with painted bike lanes.
But toward the end, the only choice is a four-lane route with no bike lanes.
Cars whip past us, just inches away. It’s as if we’d stumbled into a suburban
NASCAR event. “This is the worst part,” she says apologetically.
The fear of getting hit stops lots of people from jumping into the saddle. But
officials in many cities still look at local roadways and conclude there aren’t
enough cyclists to justify the cost of more bike lanes. It’s the chicken-egg
paradox. “You have to build it,” insists Peter Piccolo, executive director of
the lobby Bicycle Colorado. “If we’re going to wait for the majority of the
population to let go of car dependency, we’re never going to get here.”
E-bikes can be rented in Denver. The city also has a voucher program to
subsidize e-bike purchases.Theo Stroomer
Advocates say the true solution is to embrace the “new urbanist” movement, which
seeks to make cities around the world more human-scaled and less car-dependent.
The movement contends that planners need to take space back from
cars—particularly curbside parking, where vehicles sit unused 95 percent of the
time, as scholar Donald Shoup has documented. That frees up room, potentially,
for wider bike lanes that allow for safe passing. (New York and Paris are among
the cities now embracing this approach.) You can also throw in “traffic calming”
measures such as speed bumps and roads that narrow at intersections. One
by-product of discouraging driving is that buses move faster, making them a more
attractive commute option, too.
> The Inflation Reduction Act initially included a program that could have put
> nearly 4.5 million e-bikes on the road. It was cut.
Cities worldwide are proving that this vision is achievable: In 2020, the mayor
of Bogota added 17 permanent miles of bike lanes to the existing 342 and has
plans for another 157. (Bogota and several other Colombian cities also close
entire highways and streets on Sundays and holidays to encourage cycling.)
Paris, which has rolled out more than 500 miles of bike lanes since 2001, saw a
remarkable doubling in the number of city cyclists from 2022 to 2023—a recent
GPS survey found that more people now commute to downtown from the inner suburbs
by bicycle than by car. In New York City, where bike lane miles have quintupled
over the past decade, the number of cyclists—electric and otherwise—has also
nearly doubled.
Colorado has made some progress, too, says Toor, the Energy Office director. For
decades, state road funds could only be used to accommodate cars, but in 2021,
legislators passed a bill to spend $5.4 billion over 10 years on walking,
biking, and transit infrastructure—“because it’s reducing demand” on roadways,
he explains. The transportation department also requires cities to meet
greenhouse gas reduction targets, which is why Denver ditched a long-planned
$900 million highway expansion in favor of bus rapid transit and safer streets.
One critique of e-bike programs, ironically, involves the climate return on
investment. Research on Swedish voucher programs found that an e-bike typically
reduces its owner’s CO2 emissions by about 1.3 metric tons per year—the
equivalent of driving a gas-powered vehicle about 3,250 miles. Not bad, but
some researchers say a government can get more climate bang for the subsidy buck
by, for example, helping people swap fossil fuel furnaces for heat pumps, or gas
stoves for electric. E-bike subsidies are “a pretty expensive way” to
decarbonize, says economist Luke Jones, who co-authored a recent paper on the
topic. That’s because e-bikes, in most cases, only replace relatively short car
trips. To really slash vehicular CO2, you’d need to supplant longer commutes.
Which is clearly possible—behold all those Parisians commuting from the inner
suburbs, distances of up to 12 miles. It’s been a tougher sell in Denver, where,
as that 2022 survey found, only 5 percent of trips taken by voucher recipients
exceeded 9 miles.
But the value of e-bikes lies not only, and perhaps not even principally, in
cutting emissions. Cycling also eases traffic congestion and improves health by
keeping people active. It reduces the need for parking, which dovetails neatly
with another new urbanist policy: reducing or eliminating mandatory parking
requirements for new homes and businesses, which saves space and makes housing
cheaper and easier to build. And biking has other civic benefits that are hard
to quantify, but quite real, Salisbury insists. “It has this really nice
community aspect,” he says. “When you’re out riding, you see people, you wave,
you stop to chat—you notice what’s going on in the neighborhoods around you. You
don’t do that so much in a car. It kind of improves your mood.”
That sounds gauzy, but studies have found that people who ride to work do, in
fact, arrive in markedly better spirits than those who drive or take transit.
Their wellbeing is fueled by fresh air and a feeling of control over the
commute—no traffic jams, transit delays, or hunting for parking. “It’s basically
flow state,” says Kirsty Wild, a senior research fellow of population health at
the University of Auckland. Nobody has ascribed a dollar value to these
benefits, but it’s got to be worth something for a city to have residents who
are less pissed off.
What would really make e-bikes take off, though, is a federal subsidy. The
Inflation Reduction Act initially included a $4.1 billion program that could
have put nearly 4.5 million e-bikes on the road for $900 a pop, but Democratic
policymakers yanked it. Subsequent bills to roll out an e-bike tax credit have
not made it out of committee.
--------------------------------------------------------------------------------
--------------------------------------------------------------------------------
E-bike sharing companies are sometimes seen as gentrifiers, but Denver’s
experience shows that e-bikes can be more than just toys for the affluent. Take
June Churchill. She was feeling pretty stressed before she got her e-bike. She’d
come to Denver for college, but after graduating had found herself unemployed,
couchsurfing, and strapped for cash. Having gender-transitioned, she was
estranged from her conservative parents. “I was poor as shit,” she told me. But
then she heard about the voucher program and discovered that she qualified for
the generous low-income discount. Her new e-bike allowed her to expand her job
search to a wider area—she landed a position managing mass mailings for
Democratic campaigns—and made it way easier to look around for an affordable
place to live. “That bike was totally crucial to getting and keeping my job,”
she says.
It’s true that e-bikes and bikeshare systems were initially tilted toward the
well-off; the bikes can be expensive, and bikeshares have typically rolled out
first in gentrified areas. Denver’s answer was to set aside fully half of its
subsidies for low-income residents.
Churchill’s experience suggests that an e-bike can bolster not only physical
mobility, but economic mobility, too. Denver’s low-income neighborhoods have
notoriously spotty public transit and community services, and, as the program’s
leaders maintain, helping people get around improves access to education,
employment, and health care. To that point, Denver’s income-qualified riders
cover an average of 10 miles more per week than other voucher recipients—a spot
of evidence Congress might contemplate.
But there are still some people whom cities will have to try harder to reach. I
ride one morning to Denver’s far east side, where staffers from Hope
Communities, a nonprofit that runs several large affordable-housing units, are
hosting a biweekly food distribution event. Most Hope residents are immigrants
and refugees from Afghanistan, Myanmar, and other Asian and African nations. I
watch as a procession of smiling women in colorful wraps and sandals collect
oranges, eggs, potatoes, and broccoli, and health workers offer blood-pressure
readings. There’s chatter in a variety of languages.
Jessica McFadden, a cheery program administrator in brown aviators, tells me
that as far as her staff can tell, only one Hope resident, a retiree in his 70s
named Tom, has snagged an e-bike voucher. The problem is digital literacy, she
says. Not only do these people need to know the program exists, but they also
have to know when the next batch of vouchers will drop—and pounce. But Hope
residents can’t normally afford laptops or home wifi—most rely on low-end
smartphones with strict data caps. Add in language barriers, and they’re
generally flummoxed by online-first government programs.
Tom was able to get his e-bike, McFadden figures, because he’s American, is
fluent in English, and has family locally. He’s more plugged in than most. She
loves the idea of the voucher program. She just thinks the city needs to do
better on outreach. Scholars who’ve studied e-bike programs, like John MacArthur
at Portland State University, recommend that cities set up lending libraries in
low-income areas so people can try an e-bike, and put more bike lanes in those
neighborhoods, which are often last in line for such improvements.
In Massachusetts, the nonprofit organizers of a state-funded e-bike program
operating in places like Worcester, whose median income falls well below the
national average, found that it’s crucial to also offer people racks, pannier
bags, and maintenance vouchers.
As I chat with McFadden, Tom himself suddenly appears, pushing a stroller full
of oranges from the food distro. I ask him about his e-bike. He uses it pretty
frequently, he says. “Mostly to shop and visit my sister; she’s over in Sloan
Lake”—a hefty 15 miles away. Then he ambles off.
McFadden recalls how, just a few weeks earlier, she’d seen him cruising past on
his e-bike with his oxygen tank strapped to the back, the little plastic air
tubes in his nose. “Tom, are you sure you should be doing that?” she’d called
out.
Tom just waved and peeled away. He had places to be.
I meet Baba Anwar in a crowded, chaotic market in the city of Lagos, Nigeria. He
claims he’s in his early 20s, but he looks 15 or 16. Maybe all of 5 feet tall,
he’s wearing plastic flip-flops, shorts, and a filthy “Surf Los Angeles” T-shirt
and clutching a printed circuit board from a laptop computer, which he says he
found in a trash bin. That’s Anwar’s job, scrounging for discarded electronics
in Ikeja Computer Village, one of the world’s biggest and most hectic
marketplaces for used, repaired, and refurbished electronic products.
The market fills blocks and blocks of narrow streets, all swarming with people
jostling for access to hundreds of tiny stalls and storefronts offering to sell,
repair, or accessorize digital machinery—laptops, printers, cellphones, hard
drives, wireless routers, and every variety of adapter and cable needed to run
them. The cacophony of a thousand open-air negotiations is underlaid with the
rumbling of diesel generators, the smell of their exhaust mixing with the aroma
of fried foods hawked by sidewalk vendors. Determined motorcyclists and women in
brightly colored dresses carrying trays of little buns on their heads thread
their way through the crowds.
This article is adapted from Vince Beiser’s Power Metal: The Race for the
Resources That Will Shape the Future, published November 19 by Riverhead (an
imprint of Penguin Publishing Group, a division of Penguin Random House, LLC,
all rights reserved).Penguin Random House; Spencer Lowell
It’s no place for an in-depth conversation, but with the help of my translator,
local journalist Bukola Adebayo, I gather that Anwar arrived here about a year
before from his deeply impoverished home state of Kano. “No money at home,” he
explains. In Lagos, a pandemoniac megalopolis of more than 15 million, he shares
a room with a couple of friends from home, also e-waste scrappers. On a good
day, he says, he can make as much as 10,000 naira—about $22 at the time of my
visit.
Thousands of Nigerians make a meager living recycling e-waste, a broad category
that can consist of just about any discarded item with a plug or a battery. This
includes the computers, phones, game controllers, and other digital devices that
we use and ditch in ever-growing volumes. The world generates more than 68
million tons of e-waste every year, according to the UN, enough to fill a convoy
of trucks stretching right around the equator. By 2030, the total is projected
to reach 75 million tons.
Alaba International, another major electronics market in Lagos. Tearing down a
laptop at the Arena Market, also in Lagos.
Only 22 percent of that e-waste is collected and recycled, the UN estimates. The
rest is dumped, burned, or forgotten—particularly in rich countries, where most
people have no convenient way to get rid of their old Samsung Galaxy phones,
Xbox controllers, and myriad other gadgets. Indeed, every year, humanity is
wasting more than $60 billion worth of so-called critical metals—the ones we
need not only for electronics, but also for the hardware of renewable energy,
from electric vehicle (EV) batteries to wind turbines.
Millions of Americans, like me, spend their workdays on pursuits that lack any
physical manifestation beyond the occasional hard-copy book or memo or report.
It’s easy to forget that all these livelihoods rely on machines. And that those
machines rely on metals torn from the Earth.
Consider your smartphone. Depending on the model, it can contain up to
two-thirds of the elements in the periodic table, including dozens of metals.
Some are familiar, like the gold and tin in its circuitry and the nickel in its
microphone. Others less so: Tiny flecks of indium make the screen sensitive to
the touch of a finger. Europium enhances the colors. Neodymium, dysprosium, and
terbium are used to build the tiny mechanism that makes your phone vibrate.
Stripping a cellphone in Ikeja Computer Village.
Your phone’s battery contains cobalt, lithium, and nickel. Ditto the ones that
power your rechargeable drill, Roomba, and electric toothbrush—not to mention
our latest modes of transportation, ranging from plug-in scooters and e-bikes to
EVs. A Tesla Model S has as much lithium as up to 10,000 smartphones.
The millions of electric cars and trucks hitting the planet’s roads every year
don’t spew pollutants directly, but they’ve got a monstrous appetite for
electricity, nearly two-thirds of which still comes from burning fossil
fuels—about one-third from coal. Harvesting more of our energy from sunlight and
wind, as crucial as that is, entails its own Faustian bargain. Capturing,
transmitting, storing, and using that cleaner power requires vast numbers of new
machines: wind turbines, solar panels, switching stations, power lines, and
batteries large and small.
You see where this is going. Our clean energy future, this global drive to save
humanity from the ever-worsening ravages of global warming, depends on critical
metals. And we’ll be needing more.
A lot more.
An entrance to Ikeja Computer Village.
In all of human history, we have extracted some 700 million tons of copper from
the Earth. To meet our clean energy goals, we’ll have to mine as much again in
20-odd years. By 2050, the International Energy Agency estimates, global demand
for cobalt for EVs alone will soar to five times what it was in 2022. Demand for
nickel will be 10 times higher. Lithium, 15 times. “The prospect of a rapid
increase in demand for critical minerals—well above anything seen previously in
most cases—raises huge questions about the availability and reliability of
supply,” the agency warns.
Metals are natural products, but the Earth does not relinquish them willingly.
Mining conglomerates rip up forests and grasslands and deserts, blasting apart
the underlying rock and soil and hauling out the remains. The ore is processed,
smelted, and refined using gargantuan, energy-guzzling, pollution-spewing
machines and oceans of chemicals. “Mining done wrong can leave centuries of
harm,” says Aimee Boulanger, head of the Initiative for Responsible Mining
Assurance, which works with companies to develop more sustainable extraction
practices.
> “The long lead times for new mining projects pose a serious challenge to
> scaling up production fast enough to meet growing mineral demand for clean
> energy technologies.”
The harm is staggering. Metal mining is America’s leading toxic polluter. It has
sullied the watersheds of almost half of the rivers in the American West.
Chemical leaks and mining runoff foul air and water. The mines also generate
mountains of hazardous waste, stored behind dams that have a terrifying tendency
to fail. Torrents of poisonous sludge pouring through collapsed tailings dams
have contaminated waterways in Brazil, Canada, and elsewhere and killed hundreds
of people—in addition to the hundreds, possibly thousands, of miners who die in
workplace accidents each year.
To get what they’re after, mining companies devour natural resources on an epic
scale. They dig up some 250 tons of ore and waste rock to get just 1 ton of
nickel. For copper, the ratio is double that. Just to obtain the metals inside
your 4.5-ounce iPhone, 75 pounds of ore had to be pulled up, crushed, and
smelted, releasing up to 100 pounds of carbon dioxide. Mining firms also suck up
massive quantities of water and deploy fleets of drill rigs, trucks, diggers,
and other heavy machinery that collectively belch out up to 7 percent of the
world’s greenhouse gas emissions.
These operations are not popular with the neighbors. Irate locals and Indigenous
communities at this moment are fighting proposed critical-metal mines across the
United States, in addition to Brazil, Canada, the Philippines, Serbia, and many
other countries. At least 320 anti-mining activists have been killed worldwide
since 2012—and they are just the ones we know about.
A shop in Ikeja Computer Village.
All this said, while researching my book Power Metal, I was surprised to learn
that the mining industry no longer gets away—not easily, anyway—with much of the
nasty behavior it has been known for. Some collateral damage is inevitable, but
a growing awareness of the industry’s history of human rights abuses and dirty
environmental practices—as well as public pressure on consumer-facing companies
like Apple and Tesla to clean up their supply chains—has made for some real
improvements in how big mining firms operate.
Yet even these beneficial developments come with an asterisk: In the 1950s, it
took three or four years to bring a new copper mine online in the United States.
Now the average windup is 16 years. “The long lead times for new mining projects
pose a serious challenge to scaling up production fast enough to meet growing
mineral demand for clean energy technologies,” the International Energy Agency
warned in 2022.
If this demand can’t be met, the agency added, nations will fail “to achieve the
goals in the Paris Agreement,” the 2016 UN treaty aimed at limiting global
warming to 2 degrees Celsius above pre-industrial levels (and from which
President-elect Donald Trump has vowed to withdraw—again—during his second
term).
And then we’re really in trouble.
It’s a vexing conundrum. In my reporting, I have talked to a wide range of
people who are deeply and justifiably concerned about the threats our new mining
frenzy will pose to the environment. While acknowledging their fears, I would
always ask, “Yes, but what’s the alternative?”
Their answer, almost always, was, “Recycling!”
Engineer Austin and a colleague search for appropriate memory inserts for a
customer’s computer. Some of the RAM they sell is scavenged from discarded
units. Examining cellphone parts in Ikeja Computer Village.
That may sound straightforward. It isn’t. Metal recycling is a completely
different proposition from recycling the paper and glass we toss into our home
bins for pickup. It turns out that retrieving valuable raw materials sustainably
from electronic products—toasters, iPhones, power cables—is a fiendishly complex
endeavor, requiring many steps carried out in many places. Manufacturing those
products required a multistep international supply chain. Recycling them
requires a reverse supply chain almost as complicated.
Part of the problem is that our devices typically contain only a small amount of
any given metal. In developing countries, though, there are lots of people
willing to put in the time and effort required to recover that little bit of
value—an estimated tens of thousands of e-waste scavengers in Nigeria alone.
Some go door to door with pushcarts, offering to take or even buy unwanted
electronics. Others, like Anwar, work the secondhand markets, buying bits of
broken gear from small businesses or rescuing them from the trash. Many
scavengers earn less than the international poverty wage of about $2.15 per day.
I ask Anwar where he’s planning to take his circuit board. “To TJ,” he replies,
as if I’d asked him what color the sky is.
TJ is Tijjani Abubakar, an entrepreneur who has built a thriving business
turning unwanted electronics into cash. His third-floor office, in a dingy
concrete building across a roaring four-lane road from the Ikeja market, is a
charnel house of dead mobile phones. At one end of the long, crowded room, two
skinny young men with screwdrivers pull phone after phone from a sack and crack
them like walnuts. Their practiced fingers pull out the green printed circuit
boards and toss them with a clatter onto a growing heap at their feet.
Thousands of such boards gleam flatly under the glaring LED ceiling lights. More
young men sit around on plastic stools sorting them into piles and pulling aside
those with the most valuable chips. The air is thick with sweat despite the open
windows.
At a scuffed wooden desk sits Abubakar himself—a big man with a steady demeanor,
lordly in an embroidered brown caftan, red cap, and crisp beard. I await an
audience as he fields calls and messages on three different phones and a laptop
while negotiating a deal with a couple of visiting traders over an unlabeled
bottle of something.
A man at Ikeja Computer Village holds a stack of lithium batteries.
Abubakar, who looks to be in his mid-40s, has been in the trade nearly 20 years.
He, too, hails from Kano, where his father sold clothes—“not a rich man,” he
tells me in his even baritone. He earned a business degree from a local
university and made his way to Lagos, where a friend introduced him to the
e-waste business. “We started small, small, small, small,” he says. But getting
a foothold was easier then. Scrap was cheap, even free, because few people were
willing to pay for it. Then, as the trade mushroomed, deep-pocketed foreign
buyers—from India, Lebanon, and, above all, China—began flocking to Nigeria in
search of deals.
“Now everybody knows the prices,” Abubakar says. But his business has
flourished. He exports several shipping containers full of e-waste every month
to buyers in China and Europe. He’s grown wealthy enough to donate textbooks,
meals, and cows to families back in Kano. Dead cellphones converted into
education and food. Trash into possibilities.
> In 2022, some 5.3 billion mobile phones were discarded globally. Placed end to
> end, they’d reach almost to the moon and back.
Abubakar handles all manner of e-waste, but the phones are his specialty. There
is just shy of one mobile account for every one of Nigeria’s 220 million people.
“What do I see here?” he asks, indicating his roomful of workers. “I don’t know
whether any of these people have a computer. But I know all of them have a
phone.” And all of those phones will one day wear out, malfunction, or get
tossed by someone eager for a newer model. In 2022, an estimated 5.3 billion
mobile phones were discarded worldwide. If you put them end to end, they’d reach
almost to the moon and back.
Abubakar deploys a vast network of buyers and pickers to source spent phones
from Nigeria and neighboring countries, and occasionally as far away as France.
They arrive by truck, train, and in sacks carried by people like Anwar. These
precisely engineered products were manufactured in sophisticated, high-tech
factories under ultra-clean conditions. Here, they are eviscerated by hand on a
grimy concrete pad.
Abubakar estimates he has about 5,000 workers bringing in millions of phones
each year. When I express polite skepticism, he rises and gestures for me to
follow. A door in the back of the office leads into a warren of rooms filled
either with enormous sacks stuffed with phones, people cracking and sorting
phones, or bales of circuit boards ready for shipping.
The most desirable components are those circuit boards, etched with copper and
often precious metals, including gold, that carry signals among the soldered-on
chips and capacitors. The chips are removed for assessment. If they still work,
they can be sold for use in refurbished phones. Abubakar shows me a lunch
bag-sized sack of Android chips with serial numbers so tiny I can barely make
them out. “This bag is worth around $35,000,” he says. A sack of phone
cameras—consisting of the lens you see from the outside attached to a strip of
metal foil on the inside—is also valuable. Abubakar trains security cameras on
his workers to discourage pilfering. He fired someone the week before for
stealing chips, he tells me.
None of the phones were made in Nigeria, and their remains won’t stay here
either. Extracting the metals therein requires sophisticated and expensive
equipment that no facility in Africa has, so Abubakar sells to recyclers in
China and Western Europe that do.
Annes and friends are scrap buyers in Ikeja Computer Village.
The problem of rich countries “dumping” e-waste on poorer ones has received
plenty of attention over the past couple of decades. But in West Africa and
other parts of the developing world, most e-waste is now generated domestically.
The gadgets passing through Abubakar’s facility were largely imported as new or
refurbished products, sold to Nigerian consumers, and later discarded.
Relatively little goes to waste. If you live on $2 a day, after all, making a
dime from a discarded electric toothbrush is worth your effort. The result is
that about 75 percent of Nigeria’s e-waste is collected for some kind of
recycling. In nearby Ghana, estimates run as high as 95 percent.
The landscape is different in the United States, where fewer than 1 in 6 dead
mobile phones is recycled. The same stat holds in Europe, where roughly
two-thirds of all e-waste never makes it into official recycling streams. This
is “surprising,” says Alexander Batteiger, an e-waste expert with the German
development organization GIZ, “because we have fully functioning recycling
systems.”
Or maybe not so surprising. Nobody in the rich world, after all, goes house to
house asking for old iPhone 6s or Bluetooth speakers. Sure, there are e-waste
collection drives at schools and churches, and you can take old electronics to
Best Buy or the local hazardous waste facility—but few people bother. Instead,
countless millions of phones and laptops and blenders and microwaves accumulate
in attics, closets, junk drawers, garages, and, all too often, the dump.
In Africa, businesses like Abubakar’s keep countless tons of toxic trash out of
landfills, reduce the need for mining, and create thousands of jobs—hardly a
trivial consideration in a nation where nearly two-thirds of people live in
poverty. There’s much to celebrate here. But neither is it the whole story.
An hour’s drive from Abubakar’s office, through a maelstrom of Lagos traffic,
sits the Katangua dumpsite, a sprawling, teeming maze of tiny workshops,
scrapyards, wrecking zones, and slums, loosely built around a mountain of trash
at least 20 feet tall.
This colossus is surrounded by a corroded tin fence held up with bits of scrap
wood. Plumes of thick black smoke wend upward from within. The squalor here is
unfathomable. The ground underfoot consists of churned-up mud and trampled-in
plastic trash. Barefoot children wander among shacks of cardboard, plywood, and
plastic sheeting. Adebayo, the local journalist helping me out, and I pick our
way around huge puddles, following men and women carrying sacks of discarded
metals, all of us retreating to the roadside as trucks piled high with aluminum
cans and other scrap wallow past.
Practically every type of metal and e-waste is recycled somewhere in this
labyrinth. The resourcefulness of the people is as astonishing as the conditions
are appalling. At one yard, owner Mohammed Yusuf proudly shows me his aluminum
recycling operation. Pickers bring him cans from all over the city, 2 or 3 tons
a day. At the rear of the yard, there’s a covered area with a brick-lined,
rectangular hole in the ground about the size of a bathtub, and a smell
reminiscent of rotting chicken.
Speakers and radio parts at Alaba International market.
At night, Yusuf tells me, his workers fill the hole with cans, melt them down
with a gas-powered torch, then scoop the molten metal into molds using a long
ladle. This results in silvery, 2-kilogram ingots pure enough to sell to a
manufacturer that makes new cans. The process generates intensely toxic fumes
and dust, and his workers wear protective masks. “What about the others nearby?”
I ask him. Yusuf nods sagely. That’s why they do it at night, he explains, when
the people who live near the yard are asleep in their shacks.
Later, squeezing through a gap in the ragged fence, Adebayo and I find ourselves
in an open area at the base of the towering garbage pile. There, four young men
are tending small fires, burning the coatings off piles of wire to get at the
copper inside. The flames are beautiful—deep cupric blues and greens licking up
amid the orange. The smoke, thick and oily and reeking of incinerated plastic
and rubber, almost certainly carries dioxins, which are known to cause cancer
and harm the reproductive system. The men are wearing shorts, T-shirts, and
flip-flops—no respirators or other safety gear in sight.
> The smoke, thick and oily and reeking of incinerated plastic and rubber,
> almost certainly carries dioxins, which are known to cause cancer and harm the
> reproductive system.
Between the open-air smelting, wire burning, and other miscellaneous wrecking,
I’m horrified by the thought of how thoroughly poisoned Katangua must be. “Do
you worry about breathing the smoke?” I ask one of the burners, a muscular
36-year-old named Alabi Mohammed. He shrugs: “We don’t know any other job. We
don’t have any other option.” He’s been living here since he was 8, he says.
There are other harmful recycling practices I don’t see at Katangua. Scrapped
circuit boards are a good source of palladium, gold, and silver—according to the
US Environmental Protection Agency, a ton of circuit boards contains from 40 to
800 times the amount of gold found in a ton of ore. You can run them through a
shredder and ship the fragments to special refineries, typically in Europe or
Japan, where the gold is extracted with chemicals. “It’s a precise, mostly clean
method of recycling, but it’s also very, very expensive,” author Adam Minter
explains in his 2014 book, Junkyard Planet. In many developing countries, he
notes, the gold is “removed using highly corrosive acids, often without the
benefit of safety equipment for the workers. Once the acids are used up, they’re
often dumped in rivers and other open bodies of water.”
The latter poses clear health and environmental hazards, but it’s cheap and
easy, just as extracting copper from plastic-coated wires requires no special
equipment—only gasoline and matches. Which is why low-wage laborers around the
globe risk their lives burning old extension cords or dousing circuit boards
with chemicals to retrieve metals that other low-wage workers risked their lives
to dig up in the first place. In Guiyu, home to China’s biggest e-waste
recycling complex, studies have found extremely high levels of lead and other
toxins in the blood of local children. A 2019 study by Toxics Link, an Indian
nonprofit, identified more than a dozen unlicensed e-waste recycling “hotspots”
around Delhi employing some 50,000 people—unprotected workers exposed to
chemical vapors, metallic dusts, and acidic effluents—and where hazardous wastes
were improperly dumped.
A man shows a laptop battery in Ikeja Computer Village.
Spent lithium batteries present their own recycling challenge. They are
potentially among the world’s best sources for critical metals—one study found
that battery recycling theoretically could satisfy nearly half of global demand
for certain metals. Yet only about 5 percent of them get recycled because they
are uniquely hard to handle—and dangerous.
Nigeria, for example, is awash in lithium-ion batteries, but no place on the
continent recycles them. They need to be exported. Shippers don’t want to take
them, however, because of their disturbing tendency to burst into flames when
punctured, crushed, or overheated. Battery fires can exceed 1,000 degrees
Fahrenheit. They also emit toxic gases and are very hard to extinguish. American
consumers are asked to bring unwanted lithium batteries to a domestic recycler
or a hazardous waste site, and for good reason. Every year, batteries from
everything from old Priuses to sex toys cause hundreds of fires in US
scrapyards, landfills, and even on garbage trucks, causing millions of dollars
in damage. Residents of Fredericktown, Missouri, even had to evacuate their
homes earlier this month when a local battery recycling facility exploded
dramatically into flames.
Even in developing countries, unwanted batteries often end up in local
landfills, where, beyond the fire risk, they leak toxic chemicals. Or
unscrupulous exporters mislabel them, bribing port officials to not examine
their shipments too closely. “I’ve heard there’s a major fire every six months,”
says Eric Frederickson, vice president of operations at Call2Recycle, America’s
largest battery-collection organization, “but you never hear about most of them,
because they just tip the container over the side of the boat.”
Arena Market in Lagos.
Reinhardt Smit is trying something different. He’s the supply chain director for
Closing the Loop, a Netherlands-based startup that aims to recycle phones from
Africa using certifiably sound environmental and social methods: no burned
cables, battery fires, trashed plastics, or unprotected workers—every step of
the process done responsibly, the way Western consumers like it.
In a 2021 pilot project, Closing the Loop collected and sent 5 tons of
phones—plastic, batteries, cables, and all—from Nigeria to a Belgian recycler in
what it claims was the first such legally sanctioned shipment ever. The project
succeeded from a sustainability standpoint, but it was a money-loser. Clean
recycling, it turns out, is hideously expensive.
The phones were sourced from Hinckley Recycling, one of Nigeria’s two (yes, only
two) fully licensed e-waste handlers. At Hinckley’s compound on the outskirts of
Lagos, workers dismantle phones, computers, and TVs in a clean and well-lit
warehouse, wearing reflective vests and protective gloves. It’s clearly a safer
and more humane workplace than the others I witnessed, but that adds to the
cost.
Convincing a shipper to transport the batteries also required a pricey
workaround: They were removed from the phones and placed in barrels filled with
sand, eliminating the fire danger. But that meant Closing the Loop had to pay
extra to transport hundreds of pounds of sand per shipment.
> “It is clear that the biggest mine of the future has to be the car that we
> already built,” Mercedes-Benz Group Chairman Ola Källenius noted in 2021.
Dealing with unwanted materials was another cost. “If I recycle every component
in a phone, I lose money,” explains Adrian Clewes, Hinckley’s managing director.
Everyone wants copper, for instance, but phones are mostly plastic, which
Closing the Loop must pay a recycler to take. Clewes talks about “positive” and
“negative” fractions, meaning the profitable components vs. those that cost him
money.
Some fractions toggle between positive and negative depending on the prevailing
prices. Say you want to sell a bag of circuit boards containing a total of 1
pound of copper. And say it will cost the smelter $2 to extract the metal. If
copper is selling for $4 a pound, the smelter can buy the boards for $1 and make
a tidy profit. If copper drops to $3, the deal’s off and the boards are sitting
in your warehouse. If you have ample space, you can wait for prices to bounce
back. If not, maybe you’re tempted to bring those boards to the dump.
Finally, you have your administrative costs. Global regulations preventing rich
countries from dumping hazardous waste on poorer ones have, ironically enough,
made it harder to get waste out of the poor countries. The Basel Convention, for
one, requires any ship carrying e-waste to get approval from the exporting and
importing countries and consent from any country where it might dock en route.
This creates oceans of red tape. “Observing the Basel notifications can be
painful. It takes months,” says Batteiger, the German e-waste expert. “The Basel
Convention is valuable—without it, there would be more dumping—but it has the
side effect of blocking exports from the developing world to industrialized
countries.”
All told, the cost of doing things by the book makes it almost impossible to
turn a profit. Smit’s idea is to get green-minded corporations to cover the
difference by paying him to recycle one dead African phone for each new phone it
buys.
The concept is akin to selling carbon offsets, and it’s gaining some traction.
Closing the Loop now operates in some 10 African countries and has collected
several million dead electronic devices. Its near-future target is 2 million
phones per year, though that’s admittedly a drop in the bucket. “There are 2
billion phones sold every year,” concedes founder Joost de Kluijver. “We can’t
collect all that.”
Comparing the efforts of companies like Closing the Loop and those of the
“informal” sector in Nigeria and elsewhere, which provides jobs for thousands of
desperate people, it’s hard to say which is better. One might ask, better for
whom? Unregulated dumping, wire burning, and the lack of safety equipment don’t
meet Western environmental and labor standards. But those standards aren’t top
of mind for people who can barely feed and house themselves.
Arena Market.
There are other geopolitical aspects to the race for critical metals. Russia,
for example, is a prodigious exporter of copper, nickel, palladium, and other
metals so crucial that they were spared from international sanctions after
Vladimir Putin launched his war on Ukraine. And then there’s China, which—via
its own resources, lax standards, diplomatic clout, and overseas investments—has
come to dominate the global supply chain.
Regardless of origin, most critical metals will at some point pass through
China, which controls more than half of global refining capacity for cobalt,
graphite (another battery ingredient), and lithium, and almost as much for
nickel and copper. Using those metals, its factories pump out most of the
world’s solar panels, a hefty share of its wind turbines, and a majority of its
EVs. It also produces nearly three-quarters of lithium-ion batteries and
recycles far more of them than any other nation. A subsidiary of CATL, China’s
biggest battery maker, can now recycle up to 120,000 tons per year and is
investing billions in new plants.
Congress, having deemed China’s dominance in these sectors a threat “to economic
growth, competitiveness, and national security,” has responded by sinking money
into alternative sources. The 2022 infrastructure bill included $7 billion to
develop a domestic supply chain for battery minerals, and the Inflation
Reduction Act, passed the same year, unlocked billions more to subsidize
batteries and EVs manufactured with domestically sourced metals—though some of
the funds may be clawed back or left unspent under the new Republican
leadership.
> “The economics are very challenging…There’s no clear solution on how to get
> these things out of people’s drawers.”
In the United States and elsewhere, major automakers are partnering with
recyclers and even building their own plants, recognizing that old batteries are
a cheaper, cleaner, and more appealing source of critical metals than mining is.
“It is clear that the biggest mine of the future has to be the car that we
already built,” Mercedes-Benz Group Chairman Ola Källenius said at a 2021
climate summit. In remote Nevada, a company called Redwood Materials has built
an enormous EV battery recycling operation. Redwood has inked deals with Tesla,
Amazon, and Volkswagen and has attracted nearly $2 billion in capital.
Redwood’s main rival is Canada-based Li-Cycle, which had more than 400 employees
at the time of my visit. The company partners with commodities giant Glencore
and boasts facilities in Arizona, Alabama, New York; Kingston, Ontario; and
elsewhere. Earlier this month, Li-Cycle secured a $475 million line of credit
from the Department of Energy. It is now capable of processing about 53,000 tons
a year of shredded battery material, which consists mainly of copper and
aluminum flakes, plus a grainy sludge known as “black mass” that contains
cobalt, lithium, and nickel.
At the company’s Kingston headquarters, I get a tour from Ajay Kochhar, a
chemical engineer with neatly combed black hair who co-founded Li-Cycle in 2016
with a metallurgist pal. “We heard lots of people say, ‘You guys are too
early,’” he tells me with a smile. The company produced its first batch of
shredded battery material that year. “It took us three months to get 20 tons,”
Kochhar says. Five years later, his company went public at a valuation of almost
$1.7 billion. (As of this writing, the number is considerably lower.)
Stripping a computer circuit board at Ikeja Computer Village.
On the day of my visit, an aggregator had delivered a truckload of batteries
from laptops, cellphones, and power tools. I watch as the batteries are loaded
onto a conveyor belt, where workers strip off plastic casings and packaging and
check labels to make sure they are indeed lithium-ion batteries. Further along,
the batteries are dumped into a column of water leading to a shredder whose
mighty steel teeth rip them into tiny pieces. Any remaining plastic floats to
the surface and is skimmed off. The metals are separated in further steps.
Breakfast-cereal-sized flakes of copper and aluminum are poured into large,
heavy plastic bags, leaving the black mass behind. Li-Cycle currently sells the
former metals to companies like Glencore, which make them into ingots. The black
mass goes to other firms that use chemicals to extract the remaining metals.
Perhaps the biggest immediate challenge for companies like Li-Cycle, oddly, is a
dearth of batteries to shred. It’s mostly pre-consumer factory scrap and
defective batteries from manufacturers keeping their conveyers busy. EVs are so
new to the market that few have been junked—and even those are often snapped up
for uses such as off-grid power storage. Most consumer lithium batteries aren’t
collected at all. “We’ve looked at doing the collection ourselves, but the
economics are very challenging,” Kochhar told me. “There’s no clear solution on
how to get these things out of people’s drawers.”
> The sap of Pycnandra acuminata, which grows on the nickel-rich island of New
> Caledonia, can contain more than 25 percent nickel.
So how can more e-waste be brought into the reverse supply chain? One approach
is to shift the onus onto the firms that manufactured the gadgets in the first
place, a policy known as “extended producer responsibility.” China and much of
Europe have codified this policy in laws that govern not only e-waste, but also
glass, plastics, and even cars. Sometimes, it just means charging manufacturers
a fee to help cover the downstream recycling costs. In the EU, though, carmakers
are responsible for collecting and recycling their own dead vehicles. China,
which since 2018 has required manufacturers to collect and recycle lithium-ion
batteries, also mandates that new batteries contain minimum amounts of certain
recycled materials.
China now recycles at least half of its batteries, according to CATL. “In North
America, it’s mainly us and Redwood,” Kochhar says. “There are many more in
Europe.” But what’s happening in China, he says, “is way ahead of what we’re
doing here.”
Old laptop computers at a shop in Ikeja Computer Village..
As a strictly economic proposition, it’s often cheaper to mine fresh metals than
recycle them. And some of the relevant products are tremendously hard to
recycle: Less than 5 percent of rare earth magnets are currently recycled, for
example, and an estimated 9 in 10 spent solar panels—which cost roughly $20 to
$30 to recycle vs. $1 to $2 to bring to the dump—end up in landfills. Ditto the
massive blades on wind turbines, of which more than 720,000 tons are projected
to be trashed by 2040. The bottom line is that meaningful e-waste recycling in
the United States is probably going to require government support.
And why not subsidize? China, our biggest rival in the clean energy sector,
offers tax breaks to metal recyclers, even as US taxpayers spend billions
subsidizing fossil fuels and mining operations. Under the Biden administration,
Congress directed some $370 billion to bolster renewable energy technologies,
including nearly $40 billion for nuclear energy and more than $12 billion to
promote sales and manufacturing of EVs and their batteries, but has included
only a couple of billion toward recycling.
> If you’re dissatisfied with your old iPhone 8, there are plenty of people in
> developing countries who would love to have it.
New technologies might help somewhat. British researchers are working on
inexpensive reactors they hope can facilitate recovery of rare earths. In Texas,
Apple is testing a robot that can disassemble 200 iPhones per hour to aid in
recycling. Mining giant Rio Tinto is experimenting with ways to extract lithium
that exists in boron mining waste, and a Canadian startup is working to recover
rare earths from tin-mine tailings.
Scientists are even studying plants that can suck up trace metals through their
roots and concentrate them in their sap, stems, or leaves. The sap of Pycnandra
acuminata, a tree that grows on the nickel-rich Pacific island of New Caledonia,
can contain more than 25 percent nickel. Other “hyperaccumulators” slurp up
cobalt, lithium, and zinc. Startups are springing up, hoping to capitalize on
these special properties, which could also be used to clean up polluted soil.
None of this is a silver bullet. Even if humanity could recover all of the
critical metals in use—and we can’t—we’d still have to mine more to meet rising
demand. Consider that we now recycle less than 1 percent of the lithium used
around the world, and we’ll be mining hard-to-recover rare earths for decades to
come. “Nothing—nothing—is 100 percent recyclable, and many things, including
things we think are recyclable, like iPhone touch screens, are unrecyclable,”
Minter writes in Junkyard Planet. “Everyone from the local junkyard to Apple to
the US government would be doing the planet a very big favor if they stopped
implying otherwise, and instead conveyed a more realistic picture of what
recycling can and can’t do.”
A stall in Alaba International market.
Recycling is important, yes. But it is also utterly insufficient to meet our
needs. We tend to think of it as the best alternative to using virgin materials.
In fact, it often can be one of the worst. Consider a glass bottle. To recycle
it, you have to smash it to pieces, melt down the bits, and mold them into a
whole new bottle—an industrial process that requires a lot of energy, time, and
expense.
Or you could just wash it and reuse it.
That’s a better alternative—and hardly a new idea. For much of the last century,
gas stations, dairies, and other companies sold products in glass bottles that
they would later collect, wash, and reuse.
Rendering a phone, car battery, or solar panel down to its constituent metals
requires a great deal more energy, cost, and, as we’ve seen, unsafe labor than
refurbishing that product. You can buy refurbished computers, phones, and even
solar panels online and in some stores. But refurbishing is only really
widespread in the developing world. If you’re a North American no longer
satisfied with your iPhone 8, there are plenty of people in less-affluent
countries who would be happy to take it.
There are important lessons here, and perhaps the most important of all is this:
As we look ahead, we will need to start thinking beyond merely replacing fossil
fuels with renewables and increasing our supplies of raw materials. Rather, we
will need to reshape our relationship to energy and natural resources
altogether. That seems like a tall order, but there’s a range of things we can
do—as consumers, as voters, as human beings—to assuage the downstream effects of
our technological arms race.
Moving forward, our critical metals will come from all sorts of mines and
scrapyards and recycling centers around the globe. Some will emerge from new
sources, using new methods and technologies. And the choices we make about where
and how we get those metals, and who prospers and suffers in the process, are
tremendously important. But no less important is the question of how much of all
these things we truly need—and how to reduce that need.
We’re lucky in one respect: We’re still only at the beginning of a historic
worldwide transition. The key will be figuring out how to make it work without
repeating the worst mistakes of the last one.
Follow Vince Beiser’s ongoing reporting at powermetal.substack.com.
Democracy is at once everywhere and nowhere—on the lips of the masses calling
for freedom and fearing for its safeguarding, while every day asking the
question: What even is democracy?
Starting in 2018, that is the question the Our Democracy team—me along with
photographer Andrea Bruce and educator and videographer Lorraine Ustaris—set out
to answer. Our starting point wasn’t simple, but it was frank. We would travel
cross-country to see how Americans live and hear what they say democracy looks
like in their daily lives.
We decided to follow in the footsteps of French aristocrat Alexis de
Tocqueville, who toured the United States in the 1830s and wrote an assessment
about why democracy seemed to be succeeding here but had failed in other places.
We began with the first words of Tocqueville’s 1835 volume of Democracy in
America:
“Of all the novel things which attracted my attention during my stay in the
United States, none struck me more forcibly than the equality of social
conditions,” he wrote. “I had no difficulty in discovering the extraordinary
influence this fundamental fact exerts upon the progress of society.”
Much of the wealth of Newport, Rhode Island, originated in the slave trade; a
local historian told us people once called it “slave island.” At the same time,
the state was one of the first to allow Black men to vote.
For Tocqueville, the “equality of social conditions” is a core principle of
democracy that, broadly, meant the absence of aristocracy—a societal state in
which, on individual levels, there are few divisions between the people based on
birth, wealth, or social status. (Although Tocqueville did note that this
equality was one to be found solely among white Christian men. The prejudice
against Black Americans was then appearing to “increase in proportion to their
emancipation,” he wrote, and he wondered how the United States would recover
from being born of the mass genocide of Native Americans.)
“I have looked [in America] for an image of the essence of democracy, its
inclinations, its personality, its prejudices, its passions,” Tocqueville
concluded. “My wish has been to know it if only to realize at least what we have
to fear or hope from it.”
> We found a crisis of democracy underlying that of our political fever.
Nearly 200 years later, we set out to examine these social conditions—and to
provide an updated record of the state of democracy, local and national, at this
moment in American history.
What we found was a crisis of democracy underlying that of our political fever.
A historical, generational, and ongoing inequality and a systemic exclusion—both
racial and economic. Scholars like Martin Wolf, author of The Crisis of
Democratic Capitalism, have said this inequality has been abetted by the
neoliberal system, which “poses the most immediate threat to civil society.”
Neoliberalism is loosely defined as the economic system in play from the late
1970s to the 2008 financial crisis. Since then, a study by the Pew Research
Center found that even as the economy was growing following the end of the Great
Recession in 2009, the gap in income between upper-income and middle- and
lower-income households was also rising, with upper-income households seeing
more economic growth faster. In 2023, the World Inequality Database reported
that the United States is the only country in North America and Oceania in which
more than 20 percent of national income goes to the wealthiest 1 percent, with
nearly 50 percent going to the top 10 percent.
We found that this crisis of inequality has festered into near-total
disillusionment and consequent democratic atrophying on community levels, what
Tocqueville referred to as a “loss of spirit,” which he warned could lead to
tyranny. Yet we also observed an impulse to form hyperlocal microcosms of
democracy to help keep the community alive on an individual level—in
Tocqueville’s words, “spirit of association” or “self-governing” that generates
democratic participation.
Crisis, in this sense, is a paradox, a kind of duality—a sort of pharmakon, as
philosopher Jacques Derrida might say—both the sickness that kills democratic
participation and perhaps the medicine that restores it.
Allen Plowman is one of thousands of residents in Paradise and Magalia,
California, who are still trying to rebuild their homes. After the 2018 Camp
Fire, “most of the community, people living without a safety net but getting by,
now live in poverty, homeless and with few health resources they feel they can
count on,” said Birgitte Randall, a local nurse. Fires in 2020 surrounded the
towns of Paradise and Magalia, bringing back fear and PTSD from the Camp Fire
that leveled the communities in 2018.
In Paradise, California, a wildfire decimated the community while activating a
group of individuals to restore its livability and ensure its survival.
The November 2018 Camp Fire—the deadliest in the state’s modern
history—devastated Paradise, a town in the Sierra Nevada foothills, killing 85
people in Butte County, displacing 50,000, and destroying roughly 14,000 homes.
There, we were told persistently and insistently what a great leveler the fire
had been. On Valley View Drive, “the richest street in Paradise,” where “you get
the full-sized candy bars on Halloween,” $500,000 homes were reduced to fences
left standing guard around empty lots. As federal and nonprofit humanitarian aid
came and went, residents grew tired of the restrictions and empty promises they
said came with it. They started to decline the help and decided instead, despite
being unable to lean on neighbors since so many had lost homes and jobs
themselves, to use the community to build the safety net all the outside aid
could not. It was through the disaster and around its resulting adversity that
the community came to congeal.
I couldn’t help thinking back to our time in Detroit in July 2019. There, we had
a chance encounter with an elder named Elemiah Sanders. I was standing on the
street, looking at a burned-out home, when Sanders called out to me from behind:
“Young lady! What are you all out here doing?” I introduced myself and our
project. He looked around before offering his thoughts: “The people lost their
spirit,” he told me about his neighbors. “They don’t participate. I think it
might be one of those things where we need a disaster to come up and raise up
the neighborhood, but I hope it’s not that way.”
When independence and authority are no longer accessible to the community,
Tocqueville urged, when the liberty to self-govern with representational
significance that promotes equality is impeded, the ability and desire to swim
against the current, to fight to participate when it is felt that participation
has been wrenched from the people, wearies, making certain that the institutions
and their communities both falter. Spirit withers. It’s just our human nature.
Tocqueville insisted: “Patriotism does not long prevail in a conquered nation.”
And I came to realize that was true on hyperlocal levels as well.
Agape Outreach Ministries holds Sunday church service on the north side of
Warner Robins, Georgia. When we visited in August 2018, the city had one of the
lowest voter turnout rates in the country.
In Warner Robins, Georgia, the spirit of patriotism is such a part of life and
what residents believe democracy to be that it’s in its official motto:
EDIMGIAFAD, or Every Day in Middle Georgia Is Armed Forces Appreciation Day. The
city between Houston and Peach counties is home to Robins Air Force Base, and
American flags appear on house after house as you drive through its
neighborhoods. But at the time of visiting in August 2018, the city also had one
of the lowest voter turnout rates in the country.
Larry Curtis, a manager of the drones called “Blue Seaters” on the Air Force
base and owner of the Curtis Office Suites, said it all comes down to both “the
haves and the have-nots” abstaining from participation, “not calling out local
injustice like misallocation of funds,” because the “haves feel comfortable and
the have-nots feel like it won’t make a difference.”
The afternoon Curtis drove us onto base, the gray skies expected thunderstorms.
It was no matter to Curtis, he kept driving all the same, past two officers
holding M16s and pulling a car over, giving us the breakdown of the city’s
economically organized geographical divide. He took us out onto Watson
Boulevard, which was the zero degree—on one side was the north side, or “the
blighted areas,” and on the other was the south side. A church marquee on the
north side of Watson read, “When you reach the end of your rope, look up.”
We don’t have money to give people, but we can cook, said Gigi Johnson, a keeper
of her community in Warner Robins. “My mother, my grandmother, my
great-grandmother all cared about our community. It’s a legacy.”
I asked Curtis what was the biggest problem Warner Robins faced. He answered
first with just one word, “equality,” and then went on to explain. “Because when
you see one part of town and then the other, you see it’s not equal, even down
to cutting the grass,” he began. “In the nighttime, you see the lights—there’s
no lights on this [north] side of town. The street lamps are out and you can’t
get nobody to come out and fix it. The money’s on the south side,” he continued,
before adding, “I hate to say the word ‘racial’—I’m more about what’s wrong and
what’s right.”
“At the city council meetings, they ask every other week about getting the
lights fixed and getting the grass cut,” he said. “So the big problem is really
down at city hall.”
We went to one of those city council meetings and watched residents address
council members one after the other, to little or no response. It was clear
there was a kind of agitated exhaustion among the residents, where they were
almost too tired to keep speaking up just to remain unseen and unheard, but all
there was to do was keep speaking up, so they did—the few who had the
persistence and made the time to deliver it, for the sake of the many who had
largely, as Curtis said, given up.
Democracy is not working, he told us, because the people don’t exercise their
right to vote. Instead, he added, they just accept things for what they are,
making it hard to know how to help create change.
Despite voting being one of the answers we heard most frequently to the question
of what democracy is, it was this loss of spirit, which Tocqueville referred to
as a side effect of losing the power to self-govern, we witnessed atrophying
democratic participation. And that loss of spirit is not always a choice. In
vastly different communities occupying vastly different parts of the country,
that loss of spirit in relation to voting was the same, albeit for different
reasons.
In Memphis, ex-offenders are provided jobs and support through a local
organization called Lifeline to Success. But they continue to confront what was
for many of them an unthinkable and unending punishment: felony
disenfranchisement.
In Memphis in 2018, we spoke with ex-offenders working hard to put their lives
back together through the community organization Lifeline to Success, only to
continue to confront what was for many of them an unthinkable and unending
punishment: felony disenfranchisement. They felt subjected to a system of
governing they have no say in, despite having paid their dues to society, and
that their lives were being irrevocably shaped by decisions being made for them
that they might not have made for themselves.
In San Juan, Puerto Rico, in 2021, locals referred to themselves as a colony,
with no say in the colonizer’s impact on their lives. Puerto Ricans, as citizens
of a territory of the United States, are not granted the right to vote in
presidential elections. Vieques, a small island off Puerto Rico’s eastern coast
known outside Puerto Rico as the former US Navy bomb training range and testing
site, is known by Viequenses as “the colony of a colony.” The sense of silenced
despair was especially pronounced as residents, many of them veterans, struggled
with everything from meeting basic needs to transportation and the inexistence
of medical care amid astronomically high cancer rates—the result of American
military pollution, specifically from plutonium and Agent Orange.
Sonia Ventura (foreground), was born in Puerto Rico but grew up in the United
States, returning in 2003 to help her birthplace. Through her organization
Concerned Residents for Improvement Inc., she visited the elderly in Vieques,
bringing them what they needed most, making them laugh and dance, and checking
to make sure they were not forgotten. She died after contracting Covid-19 in
2021.
With respect to voting, of the dozen locations we traveled to across the
country, one stands out: New Hampshire. We bounced around more than a dozen
towns—places like Laconia and Meredith; Tilton, Salisbury, and Moultonborough;
Wilmot, Concord, Andover, and Franklin— visiting town hall meetings, schools,
families living off the grid, and libertarians, and each town was largely the
same. Participation in local direct democracy was not only high, it was an
important and ongoing source of pride in the community. Asked why it was such a
central part of life in the “live free or die” state, residents said it had
always been that way and was a matter of the personal nature of caring for
democracy and a sense of duty. But homogeneity also helps. New Hampshire is more
than 60 percent white, with an average household income of $90,000 and a 2.6
percent unemployment rate, as of 2024. Self-governing in the best interest of
the whole community is often an infinitely smoother negotiation, a process
almost unimpeachably straightforward, when most of the members of that community
share a relatively secure lived experience.
In New Hampshire, we observed that participation in local direct democracy—such
as town meetings, like the one pictured—was not only high, it was an important
and ongoing source of pride in the community. Town meeting season in New
Hampshire traces back to colonial days.
In most communities we visited, an enduring existential struggle with poverty
was at the root of a communal loss of spirit, offset by the will of just a few
individuals to fight back.
When the coal industry largely responsible for building up McDowell County—the
poorest county in West Virginia and among the poorest in the nation—dried up, it
took most of the economy, resources, and population with it. The coal industry
and the county seat, the city of Welch, were at their peak in the 1950s, with a
sudden surge in population from roughly 700 to 100,000 and a thronging city
center, but machines began to take over the work of men. The county became the
first in the country to receive modern-era food stamps after a 1960 visit by
then-presidential candidate John F. Kennedy—a program residents said decimated
the community, because, they said, they needed jobs, not food stamps. More than
once, residents referred to their county as “America’s forgotten county,” left
to themselves and out of the national conversation when it was no longer
carrying the weight of the state’s economy. Today, McDowell County is notorious
as the coal country that changed its often-Democratic vote to Republican in the
2016 presidential election.
By 2019, most of Welch’s downtown area was shuttered—what remained were a few
small businesses, local government services, and the Welch News, the last
remaining news source in McDowell County. Missy Nester, the owner and publisher,
told us that she would “print until she ran out of paper.” But the paper was
forced to fold in the summer of 2023.
Many residents referred to McDowell County, West Virginia, as “America’s
forgotten county” after the coal industry dried up. The Welch News was the last
remaining news source in McDowell County until it was forced to fold in the
summer of 2023. “Our people have nothing,” owner and publisher Missy Nester told
the Associated Press in July of that year. “Like, can any of y’all hear us out
here screaming?”
“Our people have nothing,” Nester told the Associated Press in July of that
year. “Like, can any of y’all hear us out here screaming?”
Nester and the Welch community had pulled together to save the newspaper in 2018
after learning that the owner had plans to close its doors. The Welch News had
an entirely voluntary team of local drivers who drove a six-hour route through
the hills to hand-deliver papers to readers’ homes. Often, they took bread and
milk deliveries with them for the elderly who seldom saw anyone but them, and
they checked in on every resident they handed off to. It was an intensely
personal system that inspired awe unlike much else does.
“We have been the forgotten place for so long that we’re just used to taking
care of each other,” Nester said. “We vote to take care of ourselves.”
In some places, like among a sizable Somali immigrant community in Garden City,
Kansas, in 2021, people struggled to build a community infrastructure from
scratch where there had never been one at all. What little support they’d once
had was provided by the nonprofit outreach organization LiveWell, which offered
assistance programs and services to the growing population, but funding dried up
and the community was left on its own to face everything from obstacles to
medical care, to a bomb threat and the racism that came with it, and landlords
that financially exploited refugees. The challenge became how to organize a
community that was outward facing, that could integrate itself into American
society while holding on to its cultural customs when the people could only turn
inward for help, creating—naturally—something far more insular.
We visited the families of Jamie Bothwell and Melena Haley at their home in
Seymour, Indiana, in 2021. They supported Donald Trump but said they had no
problem with “the Mexicans and others” in town.
I thought a lot then about the importance Tocqueville placed on the idea of
“assimilation” as a means of survival, of a group’s adaptability to the social
mores of the new Americans as the evidence of whether or not it would ultimately
endure American democracy. I thought about, on the one hand, how well the people
of New Hampshire felt democracy was working for them and the role of cultural,
racial, and economic homogeneity in that, and, on the other hand, I thought
about the damage the demand for adaptability, the forced assimilation, has done
to entire populations of people who don’t fit into that homogeneity.
Could democracy ever withstand the pressures of governing over the pluralist
society we not only have become, but have really always been? It’s a
conversation I had with Latrice Tatsey, a citizen of the Blackfeet Nation in
Browning, Montana, while watching her children ride at a rodeo in July 2019. In
fact, it was a conversation I seemed to be having with many Blackfeet leaders.
Fox Runningcrane collects sweet grass on the Badger-Two Medicine, a rocky
130,000-acre region of sacred, forested terrain for the Blackfeet Nation in
Montana. The area has been embroiled in a land fight for decades, as the tribe
has fought for control against oil and gas development first opened up by former
President Ronald Reagan. Members of the Tatsey family celebrate a birthday on
the Blackfeet Nation. Leaders there have had to work on ways to “keep the
cultures indigenous to their peoples alive,” says John Murray, the Blackfeet’s
tribal historic preservation officer.
The history of the attempted forced assimilation of the Native Americans at the
hands of American settlers is, by now, no secret. Today, it is largely
recognized as a genocidal effort that decimated the populations of the country’s
nations and tribes not just by the violence of slaughter, but by the violence of
cultural destruction and dispossession as well. The result is conditions of
living—and sometimes dying, as young people face the challenges of poverty, drug
addiction, and suicide—caught between “Western influence” and Native tradition,
in which leaders have had to work on ways to “keep the cultures indigenous to
their peoples alive,” John Murray, the Blackfeet’s tribal historic preservation
officer, told me.
“Is it democracy that ruined it all?” he asked. “Corporate democracy?”
It was a question that had come up more than once for us on the road, as people
wondered where the line money draws across for whom democracy works and for whom
it does not stops. Could even a perfect democracy subsist within the context of
America’s particular brand of capitalism? Does the subsistence of one subset of
people require the continued subjugation of another—or all others?
“We’ve had a very difficult struggle, always at the mercy of the government for
survival,” Virgil “Puggy” Edwards, a member of the Blackfeet Constitutional
Reform Committee, said as he gave a rundown of the Blackfeet history he was
working on that day at the office, where he takes care of archiving and
documentation.
Paradoxically, this work the community does to keep culture, family, and
tradition alive for the Blackfeet is largely democratic, Tatsey said. It comes
down to a duality of spirit, of patriotism, and for the Blackfeet, democratic
participation goes back long before the arrival of the first pilgrims to
American shores.
“Our family has adapted to live in both worlds, even though we’re all in this
one with our cultural values system, and living in the Western values system—no
matter what trauma our people have gone through, they’ve been able to adapt, and
that’s why we’re still here today,” she said. “Democracy is, for me, just how
our people function for immemorial time, because what you have in our tribal
makeup is leaders who, in order to have that leadership role, they had to prove
themselves to the people and earn feathers,” she continued. “And so for us, it
was what you did for your people and how you were going to guide your people
that made the people stand behind you.”
Murray, a member of the Tatsey family, is at the center of a fight against oil
and gas companies to protect sacred land called Badger-Two Medicine. He has also
helped open the land to an archeological dig, finding remains that prove a
13,000-year existence of the Blackfeet Nation—making them one of the oldest
people to continually inhabit land in North America. “Democracy is, for me, just
how our people function for immemorial time,” says Latrice Tatsey. Some of her
family members are pictured here preparing to compete in the North American
Indian Days.
Amid a presidential election—that naturally occurring crisis of democracy, as
Tocqueville called it—burning like a wildfire across the country, the slow burn
of our secondary crisis, that of the inequality of social conditions, is
smoldering. The people, having become incendiary themselves, are a lit powder
keg—the spark barreling through the wick. We return to Tocqueville’s words:
> “Of all powers, that of public opinion is the hardest to exploit. It is often
> just as dangerous [for representatives] to lag behind as it is to outpace it.”
The real test of our democracy, for either side of the party line, will be how
we get through it—to the other side of not just the wildfire, but of the slow
burn. How we make ourselves hard to exploit and make it hard to exploit each
other.
Tocqueville believed that our loss of spirit would either paralyze our
participation, further heighten our passions, and risk a break of the state, or
be the catalyst for us to rise up and save what we each believe to be at stake.
If we are able to marvel at these communities’ capacity for togetherness in
crisis as a feel-good feat of democracy in spite of “democracy” itself, then we
should be, to the same extent, able to learn from it that the power of
democracy, to self-govern, must sometimes be the power to use democracy to
wrench self-governing back. The power to use democracy against itself, for its
own good.
We will perhaps find that the only way to fight for American democracy is for
the true equalizer to be us (if we want it). If we must fall to Tocqueville’s
“tyranny of the majority,” let it be because our heightened passions have
unified not against each other, but to number the people together greater than
the flawed system of governance so that the tyranny belongs to us all.
And if it gets too heavy and “you reach the end of your rope,” like that church
marquee on the north side of Watson Boulevard in Warner Robins preached, just
“look up.” The real work of regeneration comes after the fire.