Humanitarian aid is never a crime: a study of one local public's attempt to negotiate rhetorical agency with the state

At its core, this dissertation is a study of how one group of ordinary people attempted to make change in their local and national community by reframing a public debate. Since 1993, over five thousand undocumented migrants have died, mostly of dehydration, while attempting to cross the US/Mexico border. Volunteers for No More Deaths (NMD), a humanitarian group in Tucson, hike the remote desert trails of the southern Arizona desert and provide food, water, and first aid to undocumented migrants in medical distress. They believe that their actions reduce suffering and deaths in the desert. On December 4, 2008, Walt Staton, a NMD volunteer placed multiple one-gallon jugs of water on a known migrant trail, and a Fish and Wildlife officer on the Buenos Aires National Wildlife Refuge near Arivaca, Arizona cited him for littering. Staton refused to pay the fine, believing that he was providing life-saving humanitarian aid, and was taken to court as a result. His trial from June 1-3, 2009 is the main focus of this dissertation. The dissertation begins by tracing the history of the rhetorical marker "illegal" and its role in the deaths of thousands of "illegal" immigrants. Then, it outlines the history of NMD, from its roots in the Sanctuary Movement to its current operation as a counterpublic discursively subverting the state. Next, it examines Staton's trial as a postmodern rhetorical situation, where subjects negotiate their rhetorical agency with the state. Finally, it measures the rhetorical effect of NMD's actions by tracing humanitarian and human rights ideographs in online discussion boards before and after Staton's sentencing. The study finds that despite situational restrictions, as the postmodern critique suggests, subjects are still able to identify and engage with rhetorical opportunities, and in doing so can still subvert the state.