Dear VIce President Harris: Can We Talk?

October 24, 2024

Vice President Kamala Harris
The White House
1600 Pennsylvania Avenue
Washington, DC 20050

We represent the USDA Coalition of Minority Employees and the Justice for Black Farmers Group, and we have done so since our beginning with the United States Agriculture (USDA) in 1994 as we have advocated for Black farmers as well as for women within the institution who are being mistreated.

Our motivations for contacting you are simple. Vice President Harris, you have the President’s ear in these final days, and you have much influence with the American people and various subgroups want your support and for that, you get their votes.

We have had two in-depth conversations/interviews with Drs. Cornel West and Jill Stein. As you know, they are candidates for the presidency in 2024. We just talked a few weeks ago to Dr. Stein in Philadelphia regarding widespread abuses at the USDA. Both of them expressed a deep concern about the lack of leadership, accountability, transparency, oversight, and justice which are lacking at the USDA. We wish to hear the same from the two of you.

We recognize within a few short weeks that the people will have spoken and you, VP Harris, stand an excellent chance at being our next president. In these unprecedented times, much is demanded of our public servants, perhaps more than at most any time in the history of our country. This letter, then, will provide the justification for our list of asks.

Black farmers’ skepticism of President Biden remains entrenched and as his VP, some of that follows you. And, our opposition to the President appointing Vilsack goes back to the very beginning.

As we wrote in our most recent letter to you and President Biden on August 16, 2024, our message has been consistent since our inception in 1994 as the USDA Coalition of Minority Employees. From the earlies stages of our communications with Vilsack in 2011, the White House, staffers, and others, our message has been clear and our list of concerns lengthy and legitimate. In fact, a lengthier list is found in correspondence with President Biden in 2022 in which we advocated for systemic change.

We have previously chronicled some crucial historical points, beginning with Senator Elizabeth Warren during her campaign for the presidency, and the development of her policy to address Black land loss, racism, USDA’s failures, and a myriad of other matters in a document that became the standard bearer for the promotion of justice for Black farmers.

Several senators including Elizabeth Warren, Cory Booker, and Raphael Warnock succeeded in writing and submitting to the Senate an important piece of legislation, The Justice for Black Farmers Act.  It marked the significance of historical issues and mistreatment of Black farmers.

We have found the White House and the USDA to be closed systems, closed to us in particular in our efforts to address the concerns noted above to the officials who have the influence to take corrective measures. Secretary Vilsack ignored us except for one unsatisfactory meeting via technology as has President Biden. Only Cedric Richmond and William T. McIntee, in the Office of Public Engagement gave us a fair hearing.

We participated with the agriculture transition team, learned that it was steered by Tom Vilsack, and were informed eventually that what we were seeking was unconstitutional. Next came the American Rescue Plan Act of 2021 (ARPA) that brought about the banking industry’s complaints and a slow walking process by Secretary Vilsack that allowed twelve frivolous and racist lawsuits to be filed by white farmers alleging reverse discrimination. See those details here.

With the passage of the ARPA, we celebrated with Senators Warnock, Warren, and Booker and numerous Black farmers and members of the USDA Coalition of Minority Employees and the Justice for Black Farmers group, but our celebration was short lived and the courts and the white farmer cases stymied our progress.

Senators Raphael Warnock and Cory Booker have in the past shown their interest and concerns regarding the continued abuse at USDA; however, in the past few years because of their busy schedules and political obligations, they have been prevented from doing what is really needed at USDA…..to put the Department into “receivership.” The reason is that USDA is not properly carrying out or implementing its own rules and regulations. The decades of failures regarding Black farmers and abuse of women employees at the US Forest Service, has been long documented at USDA, in the Congress, and nationwide.

Next, Congress passed the race neutral Inflation Reduction Act of 2022 which allocated $3.1B for “distressed borrowers” who could be of any race or gender and their debts would be brought to zero. Additionally, a sum of $2.2B was allocated for farmers who could prove that they had experienced discrimination, regardless of race, color, creed, national origin, and gender. We critiqued this bill and its outcomes quite intensely in a letter to the President. The process proved to be laborious but ultimately approximately $1.76B was allocated to Black farmers and the remainder to others.

The process was laborious and complicated, some farmers died before they could see any benefits from the lengthy chain of events and entities. Relatively few of our friends received any benefits as it appears that the few who did were hand-picked by the USDA.

So, that is where we are with regard to finances. However, the saga continues with other matters, and we would like to outline them for you.

We know of zero Black farmers meeting with the President though we do know of a few who have met with FSA Director, Zach Ducheneaux. Their voices are important and unheard.

A significant piece of research found that between 1910 and 1997, Black farmers losses amounted to approximately $326B. Those losses will never be made up. In terms of the pandemic relief funding of billions of dollars, only 0.1% went to Black farmers. This is one example of the many burdens placed upon our Black farmers in rural America.

Various studies from within the federal government have validated what we believe, that inadequacies impact all of us. In November, 2023, the General Accounting Office (GAO) provided a scathing rebuke of the internal tracking system for complaints. The Office of the Inspector General (OIG) reported in September, 2021 that the Office of the Assistant Secretary for Civil Rights was failing to process complaints in a timely manner and potential circumvention of the law. A recent doctoral dissertation provided a negative evaluation of the county committee system, one which continues to be protected by Secretary Vilsack.

Secretary Vilsack refuses to provide information about loans and services by race, asserting that to do so would be illegal, despite two Farm Bills that demand the collection and dispersal of this information. We know globally but not specifically these numbers.

Various investigative reports “The Machine that Eats up Black Farmland,” by Joyce, Rosenberg, and Stucki; ”Forced Off Their Land,” by Holloway; and “How USDA Distorted Data to Conceal Decades of Discrimination Against Black Farmers,” by Rosenberg and Stucki; and numerous internal and external reports, accumulated by the Environmental Working Group, all tell the tragedies of white farmers being advantaged in all areas by comparison to Black farmers. These matters of racism and injustice have been occurring under the current administration as well as that of Obama, Bush, Clinton, and previous administrations for decades. The USDA acts as if it is a law to themselves and fails at too many levels to display transparency, accountability, and a commitment to removing racism from its halls and offices. The Equity Commission of Vilsack and the failures of the County Committee system are two that are most obvious to us.

While this is merely the tip of the iceberg for us as advocates, we have not been silent nor invisible. We have written numerous letters to the White House, the USDA, and to others. We have published many letters in various open forums. Perhaps you know that on March 1, 2023, a large number of us demonstrated in front of the White House with placards, signs, and megaphones.  

We, therefore, have several asks of you, Vice President Harris. We hear you say that you are not afraid of good ideas and that you will not shy away from them. Here, therefore, are our issues to discuss with you and/or your top advisors.

Work together with us and meet with us as have Drs. West and Stein;

Place USDA at the top of your list of priorities and create practical options for rural America and Black farmers;

Hear and validate the pain and suffering of Black farmers and families; 

Address the problems within the Office of Civil Rights and compel the office to settle complaints of Black farmers that are languishing there;

Appoint a new Secretary within your administration, one with the trust of Black farmers and other advocates;

Compel USDA to develop a course of action that eliminates sexism and sexual assaults and other abuses experienced by women in the forestry division, Western Region; 

Compel USDA to develop a course of action that eliminates racism and unfair practices that disadvantage Black farmers and favor white farmers; 

Compel USDA to develop processes that create justice, accountability, and transparency throughout the Department; and 

Require the leadership within USDA address the area in which most discrimination occurs, the Farm Service Administration at the county committee level. 

Many African Americans in urban America are only one or two generations away from the farm in rural America and it is important to know the deep connections between the two. Some of us feel forgotten because of the extensive focus on urban America. To begin to address these matters even prior to the election would make a dramatic statement to our people. Black farmers and families are rural America.

 

We follow you and your campaign closely and appreciate the town halls that you have been in including the one on CNN last night. We understand your time constraints as you travel and speak over the next two weeks. Therefore, we request an immediate conversation with one of your closest advisors, Cedric Richmond, to discuss our issues and concerns relative to Black and minority farmers and abused women within USDA and larger systemic issues.  

We stand available to answer any and all of your questions and assist you in this regard. Many Black farmers and their advocates feel abandoned by our Black leadership in Washington and in rural America. We are “the voice of the voiceless.”

Respectfully,

---S---

Lawrence Lucas
President Emeritus, USDA Coalition for Minority Employees
Representative, Justice for Black Farmers Group
https://www.facebook.com/profile.php?id=100064681597169
www.blackmeninAmerica.com
LawrLCL@aol.com
856-910-2399 

 ---S---

Waymon R. Hinson, Ph.D.
Representative, USDA Coalition of Minority Employees
Representative, Justice for Black Farmers Group
www.letjusticering.blogspot.com
Psychologist
Waymon.hinson@gmail.com
903-271-4654

 

 

Dear President Biden: Your Administration Continues to Betray Black Farmers

This letter to President Biden further explains the letter to the congressionals in Texas in the letter found below. 

January 19, 2023

President Joe Biden
The White House
1600 Pennsylvania Avenue
Washington, DC

Dear Mr. President:

Your administration continues to betray Black farmers.

We have written to you about this betrayal and our concerns on several occasions including: September 28, 2022 and December 8, 2022. And, we have written to Secretary Vilsack on several occasions including: November 22, 2021 and July 23, 2021, and even to the House and  Senate Ag Committees on May 29, 2022. Our concerns, then, have been articulated on multiple occasions. We have not been working in the dark, but rather in the light of day.

Secretary Tom Vilsack, your appointee at USDA has deep ties to the dairy industry in which he worked between terms with President Obama and then with you. That relationship has resulted in millions of dollars being doled out to “Big Dairy.” The same could be said for “Big Farming.”

At the same time, he has not delivered on congressional allocations found in the act that you signed, The Inflation Reduction Act of 2022 (IRA), just as he did under the American Rescue Plan Act of 2021 (ARPA). The $3.1B for “distressed” farmers has not found its way into the hands of Black farmers. Our network which is nationwide has found only seven Black farmers who have experienced any sort of “payments” under this Bill. We know that 2,400+ Black farmers owe approximately $210M, and Secretary Vilsack has not paid off their debts as contained in the Bill. Why is that, Mr. President?

The IRA of 2022 also promised $2.2B for those farmers and ranchers who had experienced discrimination. One or more non-governmental entities were to be tasked with distributing those funds. Again, without a doubt most Black farmers would qualify, especially the Pigford Legacy Farmers. Again, Secretary Vilsack has not acted within an expeditious manner toward Black farmers. Will he indeed run out the clock, endangering that funding with the next administration?

We understand that $800M has been received by 13,000 distressed farmers, that they have been brought current on their financial obligations and that an additional payment was made and that they are to take up their own payments the following year. We ask the USDA, “where are the other Black farmers,” and “when will the other Black farmers receive their due?” And we are not given any answers.

We also understand that Secretary Vilsack will reduce funding for discrimination from $2.2B to $770M. If this is true, this is indeed an act of arrogance on his part.

We are troubled that he continues to fund white farmer programs, create MOUs with entities such as the National Urban League, which has little to nothing to do with farming, and yet he is not forthcoming about efforts with Black farmers.

When we ask the FSA Administrator the status of Black farmers in particular, we are given global assertions relative to all farmers, with no details forthcoming about Black farmers. We are left to wonder does he not know the status of Black farmers or is he refusing to tell us.

We were hopeful that The Consolidated Appropriates Act of 2023 (CAA) would include tax relief for Black farmers that was curiously omitted in the American Rescue Plan Act of 2021. Since no amendments were allowed in the CAA, Black farmers (and other farmers) will now be saddled with taxes on the principal that has been forgiven, both for those “distressed” farmers as well as for those who will receive compensation for discrimination. This will result in putting the farmers back between a rock and a hard place. In some instances, they will be worse off than before.

Secretary Vilsack is playing games with funds allocated to farmers. He is not a friend to Black farmers. He is hurting the cause of Black farmers, and at the same time, he is costing you credibility. As he is your appointee, we ask, how does he get to play with the public’s money? How does he get to play with funds allocated by Congress? Where is the oversight over his doings in USDA? And we further ask, why are you not more forthcoming with regard to his deficiencies? One of our members has written in recent days about Vilsack’s failures following the signing of the American Rescue Plan Act of 2021. He indeed slow-walked that process just as he is slow-walking processes here.  

We now live in precarious times with the radical right controlling the House of Representatives, with ongoing revelations about confidential documents found in your office and residence, and as you are working to get the first caucus out of Iowa and into South Carolina.

We are not impressed with your appearance at Ebenezer Baptist in Atlanta last Sunday. In fact, Black farmers in the southern region are growing increasingly disenchanted with Senator Warnock. We believe that he has abandoned us now that he has won his election.

We want you to take a stand for Black farmers. We realize that it may cost you some white votes. In the long run, however, it will gain favor and votes from Black farmers and families.

We want Black farmers, as a pool of “distressed” farmers, to be relieved of their onerous indebtedness. We want Black farmers who have experienced the devastation of discrimination to be compensated. We want to see systemic change at USDA and that includes resolution of the numerous complaints within the Office of Civil Rights. We want transparency and accountability, and we want to see changes made with the county committee system. We want more than verbal assurances that discrimination will no longer be tolerated at USDA.

Dr. Eddie Glaude, professor at Princeton University, has a unique grasp on America as he articulates in an interview with MSNBC that we fail to confess our racism and white supremacy. The USDA has failed to own up to its responsibilities as to how racism brutalizes and destroys people as the USDA takes away land, identity, health, and families. This documentary addresses the impact of systemic racism upon Black farmers and their families.

We gave you the White House, Mr. President, and you gave us, over our protests, Thomas Vilsack. There is still time to undo these injustices.

We are eager to hear from you.

Respectfully,

Lawrence Lucas, President Emeritus
USDA Coalition of Minority Employees
Representative, Justice for Black Farmers Group
Email: lawrlcl@aol.com
Phone: (202) 744-4384
 
CC: Congressional Black Caucus
NAACP, Legal Defense Fund
Senator Elizabeth Warren
Senator Cory Booker
Senator Bernie Sanders                         
Senator Ben Ray Lujan
Senator Chuck Grassley
House Ag Committee
Senate Ag Committee

I Am A Black Farmer*

 Sometimes the best way to describe how one feels and thinks is via music, lyrics, and a tune that sticks in your head. Here is a song that has been with me for quite a while. I hope you'll appreciate the words. They came to me a while back while driving down the road. I was driving. I asked my wife to drive so I could write them down. Admittedly, I am not the Black farmer. I am the farmer's friend and advocate. These are words and music to stories I have heard since 1994. The notion of a white guy writing a poem/song about Black farmers still knocks me off balance; however, this is what I heard and those words are from the stories they entrusted to me. 

I Am A Black Farmer*

I am a farmer, 

You can plainly see;

Yes, my skin is Black,

Black as I can be. 

I am a farmer,

I've got a story to tell,

So listen up now,

I'm as mad as........

Well, I am a farmer's wife,

You can plainly see;

I am a farmer's wife,

Black as I can be.

I am a farmer's wife,

We've got a story to tell,

So listen up now,

We're mad as......

REFRAIN

Well, Mr. Gov'ment man,

What's a wrong with me?

Is it that my skin is Black,

Why you're mistreatin' me?

So, Mr. Gov'ment man,

I don't want it all,

Just want my share,

Like those white folks there. 

I am a farmer's child,

You can plainly see.

I am a farmer's child,

Black as I can be.

I am a farmer's child,

We've got a story to tell,

So listen up now,

We're mad as......

REFRAIN 

Well, Mr. Justice man,

What's a wrong with us,

Is it that our skin is Black,

Why you're mistreating us?

So, Mr. Justice man,

We don't want it all,

Just want our share,

Like those white folks there.

I am a farmer's friend,

As you can plainly see,

I am a farmer's friend,

White as I can be.

I am a farmer's friend,

They've got a story to tell,

So, listen up now,

We're mad as.......

REFRAIN

Well, Mr. President,

What's a wrong with them? 

Is it 'cause their skin is Black,

Why you're mistreating them? 

So, Mr. President,

They don't want it all,

Just want their share,

Like those white folks there.

So, Mr. Gov'ment man,

When can we talk?

So, Mr. Justice man,

You gonna make us walk? 

So, Mr. President,

When's it going to end?

So, Mr. President,

When will the change begin? 

I am a farmer,

As you can plainly see, 

Yes, my skin is Black,

Black as I can be. 

I'm gonna work this land

Just as long as I can

Gonna work these fields

Until I can't.

REFRAIN

So, Mr. Gov'ment man,

When can we talk?

So, Mr. Gov'ment man,

You gonna make us walk? 

So, Mr. President,

When's it goin' to end?

So, Mr. President,

When will the change begin? 

Just want my share,

Like those white folks there.

Just want my share,

Like those white folks there.

Just want my share,

Like those white folks there.

*Copyright Waymon Hinson

An Obvious Lack of Political Courage: An Overview

To tell Black people to wait means never. That's what I'm told. That seems to be the case now for Black farmers. Here are details that I'd like for you to know about. 

In 2020 and 2021, Senators Booker, Warren, Sanders, and others introduced the Justice for Black Farmers Act on the senate floor. Everyone knew that it would go no where under the Trump administration, but at least it was in plain sight. Then, it was re-introduced in 2021, again was going nowhere, but this time there was a new senator in town, Senator Reverend Raphael Warnock. 

Senator Warnock moved several pieces from the JFBA into the new bill, the American  Rescue Plan Act of 2021, and this bill immediately became a flash point for Black farmers. Now "Black farmers" were relanguaged to "Socially Disadvantaged Farmers and Ranchers," consistent with 2501, well known in the USDA. It included a payment of 120%, complete debt relief for those who had suffered discrimination at the hands of the infamous county committee and its malfeasance and 20% for taxes. 

A large number of white farmers and their attorneys, led by the chief wordmeister of some of Trump's efforts, some twelve class action suits were filed across the country, initiated by the lightening rod of an agriculture secretary here in Texas (also known for being a churchman as well as one who uses curse words to describe others with whom he disagrees including at time, Ms. Clinton) who claimed "reverse discrimination. Two district courts with conservative judges agreed with them and put a restraining order on USDA, forbidding USDA from forgiving the debt and paying the taxes of SDFRs. We believe that Vilsack, Secretary of Ag, slow-walked the process that allowed these ridiculous lawsuits to see the light of day. It should never have taken over 100 days for these farmers to have their indebtedness discharged. 

Then, in 2022, President Biden signed the Inflation Reduction Act of 2022. This Bill, with its authors knowing what had happened previously, and knowing that conservative judges were sitting on the bench, many appointed by Trump, changed the language in the debt relief provisions to "distressed borrowers," defined as those farmers and ranchers who are at least two months in arrears of their indebtedness with loans to USDA or banks. The total in that provision of the IRA was $3.1B. Anyone distressed would qualify. Also included in the Bill was $2.2B for "discrimination" and those who could prove it. 

See how wide open this have become? A department of agriculture that has discriminated against Black farmers for centuries, is now allowed to benefit anybody and everybody. 

At this point, we know that Vilsack has released $700M to some 11K distressed borrowers early on. Now, of late, he has released another $193M to another group of borrowers. We have asked, in fact, a wide ranging group of people, have asked for an accounting of debt relief by race. The person in charge of equity efforts for USDA says that they are following the law and are not collecting that information despite the legislation that demanded it in the 2008 farm bill. 

As I have said on several occasions, our efforts reach out across the country, and while it is not precise in our conclusions, we know of only nine Black farmers who have had their debts cancelled partially or totally. NINE. N...I....N...E.....

Here is a real life story of what is going on. More from ABC to come. 

Along with this, the Bill did not contain any provisions for the payment of taxes.  So, whatever the amount is wiped off the books, the farmer is required to pay 30 to 40 percent in taxes on that amount. At the moment, Senator Booker's office has negotiated with the Department of the Treasury and it looks like there will be a wash, and no taxes will be incurred. We are pleased with that. Time will tell if this is correct. 

Our opinion is that Vilsack is doing what Vilsack does, privileging white farmers and tossing some scraps to Black farmers, and perhaps to other socially disadvantaged farmers. 

Our opinion also is that once again, white farmers are benefitting from the pain and suffering of Black farmers. We see racism all over the USDA and from the man in the secretary's position, and the current actions under the latest two bills are evidence of that. 

We know that he left Iowa in the wake of a huge class action suit of 6,000 Black employees of the State of Iowa. 

All of this is why we demonstrated in front of the White House on March 1. Yes, that is the Demonstration that caught the attention of the Secretary who sent one of his employees to watch us and then later to intrude upon us in Senator Booker's office. Scroll down and you'll find two posts about those events. 

Bottom line? Black farmers and advocates, myself included, are sick and tired of the acts of malfeasance on the part of USDA. We are weary of their pitiful efforts. 

What do I observe? "An Obvious Lack of Political Courage," as the title of this post suggests. Who lacks courage? Here is the briefest of lists:  President Biden, Secretary Vilsack, senators, and representatives who know better. 

To Whom Should This Post be Addressed: Biden, Vilsack, the CBC, or the People?

We have come a long way from there to here and we have actually gone nowhere. It's like we are running in place, or maybe stuck in quick sand.  Listening in on blog talk radio with Lawrence Lucas, Ramsess, Michael Stovall, Carolyn Jones, and Frank Taylor reminded me of how far we've not come the last 100 years plus and the obstacles the USDA puts in our way. 

Early on, complaints had been filed for decades to the USDA Office of Civil Rights, but to no avail. Sadly enough, President Reagan essentially closed down this office in 1981, and the complaints were just tossed into the garbage can or at best, filed or maybe mis-filed, in an out of the way office there in USDA. Former Ag Secretary Michael Espy confirmed this in an interview with him. 

During the late '90s, 15 Black farmers settled their cases with the USDA/DOJ. They received compensation for their injuries, debt write-off, and promises of priority services including eligibility for future services. The documentary done by Shoun Hill and Waymon Hinson chronicles those stories, of 9 of those 15 Black farmers along with other key persons. The settlements were very uneven, all, in my opinion, due to the meddling of the Office of General Counsel. 

My opinion is that the USDA and DOJ realized that serious allegations from Black farmers were coming, so a combination of events and people resulted in another debacle called the Pigford Class action suit. Unfortunately, the attorneys waived discovery which led to more pain and suffering.  In short, 22,551 applied for Track A and 15,645 prevailed. They received $50K and promises of debt relief. At the end of the day, only 371 actually received debt relief. It was a bad deal for Black farmers who just wanted to farm and to hold on to their land. Large numbers of Black farmers lost their farms, their families, and their health. Many have passed on to the ancestors. We know many of them. With each death, we are sucker-punched. Some filed under Track B, and a few prevailed there. Then, later, Pigford II was opened, and, again, a few prevailed there, but not many. Who actually got the money from those two class action suits?  The attorneys, but that's a story for another day. 

For a summary of these events, check out what I wrote back in 2018.  More details are found there. 

Our efforts since then have been consistently oriented toward justice for this group of Black farmers. We have not hesitated one iota. 

When Senator Warren declared in 2018 that Black land loss was a function of heirs property, that Black people did not have clear titles to their land, had not paid their taxes, and other matters, we protested directly to her. We respectfully declared that the USDA was the culprit in Black land loss. She and her team believed us. As she was a candidate for the presidency, she spelled out a strong policy for Black farmers. 

Although she was not elected, she continued to advocate for Black farmers. Along with other senators, she crafted the Justice for Black Farmers Act of 2020, knowing that under President Trump, it would not see the light of day, and that it would be resubmitted to congress the first year after his presidency ended. 

The Justice for Black Farmers Group was formed. 

And Booker, Warren, Warnock, and others worked on it. But it never was passed into law. 

Instead, various features of the Bill were moved into the American  Rescue Plan Act of 2021 with the assistance of Senator Warnock. Within that bill was debt relief for Socially Disadvantaged Farmers and Ranchers to the tune of 120%. Here is that text: "The Secretary shall provide a payment in an amount up to 120 percent of the outstanding indebtedness of each socially disadvantaged farmer or rancher as of January 1, 2021, to pay off the loan directly or to the socially disadvantaged farmer or rancher (or a combination of both), on each" direct loans or guaranteed loans. 

We have accused Secretary Tom Vilsack of slow-walking implementation procedures which allowed 12 class action suits of white farmers across the country to scream out "reverse discrimination." This article lines out the key dates from Warnock's introduction of the Emergency Relief Act on March 3, 2021 up until the first judge issued a restraining order on June 10, 2021. Given that we live in the computer age and that the USDA has an internal system that covers all relevant information on farmers of all colors, it is apparent that Vilsack's dallying at the door allowed these white farmers enough time to gather up their attorneys, one of whom had worked in the Trump White House and was in charge of developing his immigration policies. While they hollered out "reverse discrimination," a perusal of the USDA data for subsidies and other benefits for farmers and ranchers, shows that the first six litigants were not only NOT discriminated against, they were huge beneficiaries of the USDA's generosity in terms of subsidies, coronavirus relief funds, and Trump's failed tariff war with China. The numbers are quite staggering both for the farmers and ranchers themselves and the counties within which they are located. 

After the USDA opted not to fight these lawsuits aggressively in court, other lawsuits were filed included a couple by the Cowtown Foundation out of Tennessee. Those are still lingering in the judge's chambers apparently. 

Also, the Senate got busy under the leadership of Booker, Warnock, and others, and submitted pieces within the Inflation Reduction Act of 2022. This time around, apparently in an effort to thwart the efforts of attorneys and folks from the previous Bill, the language was changed to "distressed" borrowers. The criteria for "distressed" was left to the discretion of Secretary Vilsack. $3.1B were allocated for this group of farmers and ranchers. Additionally, $2.2B were allocated to compensate for discriminatory actions on the part of USDA if that could be proven. It can without a doubt. 

What is missing from this piece of legislation just as it was in the previous legislation is that of tax burdens. If a farmer/rancher receives "payments," not debt cancellation or forgiveness, an important distinction, the principle would be taxable, but not the interest. That means that these folks would be receiving 1099s from the IRS, which could set them back even further than they would have. 

At this point, we understand that the USDA has provided $800M in payments o 11,000 borrowers, and that step-by-step processes are being initiated for 1,600 borrowers whose cases are more "complicated." 

We have evidence that there are approximately 3,000 Black farmers who are currently indebted to the USDA.  We have evidence that the total indebtedness is approximately $210M. 

Our network is nation-wide, and at this point, we know of only seven, yes, SEVEN, Black farmers have received "payments" either partially or completely wiping out their debt. There seems to be no particular rhyme or reason as one has received "payments" of $1.4M and another $200K. 

We are waiting for the Secretary to inform us as to how the $2.2B for discrimination will be managed. He is obligated by law to appointment one or more non-governmental entities to manage these processes. 

Secretary Vilsack is obligated by law to disburse $3.1B to "distressed" farmers regardless of color of skin. We have not evidence that he is doing that for Black farmers. He is obligated by law to designate one or more entities to manage the complications of disbursing $2.2B to those farmers discriminated against. 

Black farmers are tired of waiting. They are "sick and tired of being sick and tired." 

More on this later, but the Congressional Black Caucus speaks loudly by their silence despite having a variety of means of speaking up for Black farmers. 

If you want to hear first hand what the USDA does to Black farmers, scroll down to the bottom of this web page until you see the gentleman in the cotton field. Hit play and for the next 2:30 minutes or so, you'll hear agonizing stories of what it means to farm while Black in America. This is the trailer for the documentary, "I'm Just a Layman in Pursuit of Justice: Black Farmers Fight Against the USDA." 

There is much, much more to this soul wrenching, gut wrenching saga. I just wanted you to be able to read a summary. 

In the meantime, what is the Justice for Black Farmers Group doing? Good question. Go to this web page of Acres of Ancestry and to the community archives and you'll find a substantial group of letters under the signature of Lawrence Lucas, President Emeritus of the USDA Coalition of Minority Employees, and Representative, Justice for Black Farmers Group. They are addressed to Secretary Vilsack and to President Biden. You will also find documents to and from other congressional folks. 

This letter in the community archives to President Biden contains a lot of links and resources and is a good summary of our efforts and demands. 

What are we doing? We are knocking on the White House door, demanding attention from the President. Be sure to see the political satire that we include in this letter. It will move your heart. 

We know that his office will forward our correspondence to USDA, which means that we are knocking on the door of Secretary Vilsack. We are demanding justice for Black farmers. We want him gone from USDA. Sooner rather than later is preferred. 

We will not be deterred. This is a righteous cause. We will not be deterred. 

Gut Punch: Too Many Deaths

This morning I had one of those gut-punch moments. It was a serious punch to my heart and soul. My grief is intense, and maybe it will remit as the day goes on. I hope so. Actually, I hope it doesn't. It is too deep. 

Several of us have been working with various congressional leaders and Secretary Tom Vilsack's office on behalf of Black farmers and their severe mistreatment at the hands of the USDA. Those people have been Senators Warren, Sanders, and Booker. We engaged with President Biden's policy team before the election. We have made calls, written letters, and helped write legislation. 

Socially Disadvantaged Farmers are on the precipice of a dream come true. Indebtedness that has been a function of discriminatory actions for years, as interest piled up upon interest, now has an opportunity to be erased. The term is "debt relief," which carries with it some technicalities. 

Several years ago, I interviewed a couple of Black farmers who had had their land and equipment taken from them via a contrived arrangement of the FSA office, a local bank, and the implement dealership. Those folks knew that foreclosure was coming before it landed in the laps of the farmers. 

One farmer died not long after I interviewed him. It was a short interview as he was in his hospital bed in his living room as his care taker hovered nearby. I made it brief. I had moved into his space and he was suffering. He was soon in the presence of his ancestors. 

This morning, I decided to call the other farmer. I was thinking that perhaps provisions for debt relief under the American Rescue Plan Act of 2021, with its sections 1005 and 1006, might be useful for him and his wife. I knew that they were indebted to the USDA, but how much I don't recall. 

Then, upon doing a google search, I received the sucker punch. This farmer had died earlier this year. Yes, he also had passed on to his ancestors, just like his partner had several years ago. I watched the video of him and his family there on the web page, and I wept. 

Those tears are for him and his wife and family. Those tears are for numerous other Black farmers who did not live to see justice. From Texas to North Carolina to Georgia to Kansas and to points betwixt and between, they are dead. Yes, they have died, and in many instances, the stress of farming while Black in  America took them to early graves. I see their names, I hear their voices, their documents are in my filing cabinet, their interviews are in my voice files and transcribed in most places. 

They passed to glory without seeing justice, without seeing their debts forgiven. 

I left a message on their home phone. I hope his wife will call. If she doesn't, I still was able to leave a word of condolence. 

Yes, the Black Farmer Movement is real and the farmers are worthy of justice for their pain and suffering. Yes, their families deserve debt relief that they never received. 

That is my commitment, to work on their behalf, before any more Black farmers die. 

Too many have died. 

Therein lies my grief. 

Coalition in Pursuit of Justice: Our History in a Nutshell

February 25, 2021

The Honorable Senator Cory Booker

Washington, DC

 Dear Senator Booker:

 The USDA Coalition of Minority Employees and the Justice for Black Farmer Group are grateful for your support of Black farmers and systemic change for U.S. Department of Agriculture (USDA). We consider The Justice for Black Farmers Act of 2021 to be the most pivotal civil rights legislation since The Civil Rights Act of 1964. We hope it will soon pass and that it will bring relief to thousands of Black farmers, minority farmers, and USDA employees who have been discriminated against for decades. Your vision is deeply appreciated.

The USDA Coalition of Minority Employees has been engaged in similar struggles on behalf of both Black farmers and USDA employees since 1994. Our vision is to bring to light the horrendous mistreatment of both Black farmers and women within USDA. This includes women who have been sexually assaulted with impunity by their peers and superiors. That information is found at this link: http://www.agcoalition.org/index.html.

We believe the Act of 2021 will address both sets of issues by creating systemic changes within USDA and its organization. It has been my honor and privilege to serve as the Coalition’s first president and then as its President Emeritus upon retirement from USDA. As a Coalition, we represent all persons of color as well as women employees. We began advocating for Black farmers in 1994 and we know all too well their struggles for survival.

By way of history, we initially engaged Senator Elizabeth Warren via our letter dated August 19, 2019 when we believed she was focusing too narrowly on the heirs’ property issue and not enough on the historical discrimination within USDA and its racist history, Black land loss, and the loss of generational wealth for Black farmers. Our letter to her with over 100 signees indicated the breadth of the Coalition as we engaged both rural and urban farmers. Her quick engagement with us allowed us to participate in the development of her policy, “Addressing Discrimination and Insuring Equity for Farmers of Color,” which is found here:  https://elizabethwarren.com/plans/equity-farmers-of-color. We had many conference calls with her campaign and policy staff including a meeting with Senator Warren directly. We were very pleased to note that a candidate for the Presidency of the United States fully understood the plight of Black farmers and that she had invited us into the conversation.

We had a host of meetings with Senator Bernie Sanders’ campaign staff from late 2019 through early 2020. We were pleased as well that he understood the gravity of the Black farmer issues though our engagement as his team substantially engaged the Coalition and our farmers and advocates, including a representative of women employees of USDA in December, 2019.  His policy, though never published, was one that we could support. Some of his ideas for Black farmers are encompassed in his policies for rural America: https://berniesanders.com/issues/revitalizing-rural-america. He expressed his concern for civil rights and his support for the Black farmer issue by voting against the confirmation of Secretary Vilsack.

We engaged with a candidate, Mike Bloomberg. As reported in the Kansas City Star on February 28, 2020, Lloyd Wright, one of our Coalition members and former Director Office of Civil Rights for USDA, asserted that “Mike Bloomberg’s agriculture plan would make up lost time for America’s Black farmers.” He, too, had a grasp of the complexity of issues facing Black farmers. Here is Mr. Wright’s op ed: https://www.kansascity.com/opinion/readers-opinion/guest-commentary/article240721906.html.

As the campaign for president proceeded, we found it important to engage the Joe Biden policy team. That engagement involved a number of members of our Coalition during 2020. There were stumbling blocks that we experienced along the way including a lack of depth in grasping the larger issues for USDA women employees and Black farmers, a lack of clarity with regard to what was labeled as “unconstitutional” and problems with debt relief.

It was also apparent to us that Tom Vilsack’s influence was in control of the process. We were dismayed that the policy team insisted on including “accomplishments” of former Ag Secretary Thomas Vilsack, most of which we disagreed, in Biden’s Policy for Black farmers, which was given to us on July 31, 2020. At that time, we understood the brief document to be a work in progress. We were working with them in good faith; however, we soon learned that they were not as committed as we had expected. That policy is at the end of this lengthy document under the title, “Addressing Longstanding Inequities in Agriculture:” https://joebiden.com/racial-economic-equity.

In our work with Biden’s policy team, we pointed to the investigative reporting of Rosenberg and Stucki and the five myths of the Vilsack administration: https://thecounter.org/usda-black-farmers-discrimination-tom-vilsack-reparations-civil-rights. Lloyd Wright responded to the assertions of the Biden Policy Team by writing his own response from his perspective as a former employee of USDA and Office of Civil Rights and as an appointee of Thomas Vilsack. His scathing rebuke was published here: https://www.washingtonpost.com/context/lloyd-wright-open-letter-to-biden-about-vilsack/a1d55aef-78ad-41f1-aa12-1e2ff0874d19/. It was also spotlighted in this article: https://www.washingtonpost.com/business/2021/01/14/vilsack-usda-black-farmers.

When it became apparent that Vilsack was indeed the nominee by President Biden, the Coalition was extremely upset as were many others around the country, especially Black farmers. As President Emeritus of the USDA Coalition for Minority Employees and as spokesperson for the Justice for Black Farmer Group, my voice was heard in this article: https://thecounter.org/tom-vilsack-biden-usda-civil-rights-betrayal-lawrence-lucas. Specifically, “Tom Vilsack’s record is an abysmal one when it comes to civil rights at USDA” were my words precisely. Further, I stated, “With this nomination, the people I represent are feeling a sense of betrayal.” And, yes, the confirmation of Tom Vilsack for Secretary of Agriculture gives us very serious concerns.

During this window of time, three releases buttress our beliefs about Black land loss and racism within USDA. First, the award-winning documentary, “I’m Just a Layman In Pursuit of Justice: Black Farmers Fight USDA,” chronicles the stories of farmers who prevailed against USDA and DOJ between 1997 and 1999. The film received an Honorable Mention and the People’s Choice Award at the Denton Black Film Festival. The film’s website is here: https://blackfarmersinsearchofjusticefilm.com.

Second, another documentary has been developed which tells of land loss via legacy farmers in the South using music and farmers’ stories. Here is the link to their trailer: https://www.facebook.com/AcresofAncestry/videos/510326393279147. The film has been accepted into a premier film festival, the Pan African Film Festival. Third, a book that describes in detail Black land loss along with land lost to American Indian tribes has been published by Jillian Hishaw, CEO and Founder of F.A.R.M.S. Her book is discussed here: https://www.jillianhishaw.com/book-purchase/landtheft.

In late September, 2020, various members of our Coalition began meeting with members of your staff. We found those conference calls to be warm, engaging, and informative, and your staff open and conciliatory with our recommendations for the Bill that you were soon to submit to the Senate. We were delighted to see the similarities between Senator Elizabeth’s policies from early 2019 so well developed in The Justice for Black Farmers Act of 2020 that you, Senator Warren, and Senator Gillibrand proposed to the Senate. The Bill’s comprehensive nature was gratifying to read as it addressed racism, complaint abuse, and inequities within USDA; creation of a “fire wall” between the Office of General Counsel and Civil Rights across USDA; the provision of debt relief; the opportunities to secure acres to farm; and policies that would address civil rights processing and administration throughout USDA.

We understood then that the 2020 Bill had limited, if any chance, of passing in the last legislative session. With the new Senate in place, we have much confidence that The Justice for Black Farmers Act of 2021 will be passed and that many Black farmers will benefit. We are also very pleased to see the cooperation between you and Senator Raphael Warnock with his complementary bill, “Emergency Relief for Farmers of Color Act,” and its potential inclusion in President Biden’s $1.9 trillion COVID-19 relief bill. We are also encouraged by President Biden’s Executive Order entitled, “Executive Order On Advancing Racial Equity and Support for Underserved Communities Through the Federal Government.”

We believe this is a new day for justice for Black farmers as well as for USDA women employees who have been severely mistreated. While the bills that you and Senator Warnock have proposed specifically address the Black farmer issue, we see that the systemic changes that you are recommending in The Act of 2021 will serve the needs of other farmers of color and USDA employees.

We are deeply appreciative of your support for Black farmers and women employees of USDA. The Coalition has labored long and hard since 1994 to see justice brought to bear, and now, we see that justice may become a reality, thanks to you, Senator Warren, and Senator Warnock.

Again, thank you for your efforts. We wish to work with you and your staff on a continual basis to ensure that systemic change and civil rights become realities once and for all at USDA and the entire federal government.

Respectfully,

Lawrence Lucas, President Emeritus

USDA Coalition of Minority Employees & Black Farmers Group

www.Agcoalition.org

justice4BFarmers@gmail.com

This Is Us

Morning, Friends:

I have had Dr. Glaude's video in my inbox for several days now, and I have watched it several times for both its content and for its applications. 

Some of you may know him, but if not, here is his web page at Princeton: https://aas.princeton.edu/people/eddie-s-glaude-jr

What he says both passionately and pointedly to the MSNBC team is, in my opinion, spot on. As a white man in my senior years, I have spent quite a few years teaching students to embrace their internalized racism and come to grips with it. I have spent several years as well listening to the stories of what it means to farm while Black in America, capturing them in print and on film. 

And, in terms of what brings us together in fighting systemic racism within the USDA, Dr. Glaude is spot on. America and its white population have never had to come to grips with our racist past and present, and future, if we do not look in the mirror. As Dr. Glaude says, "This is us!" Yes, this is us. 

If this is us as a Nation, and it was seen most vigorously under the previous administration and the insurrection on January 6 of this year, then we must continue down the path of correcting and healing. 

The color of Biden's cabinet is a start, and his choice of Vice President Harris, his rhetoric of facing institutional racism, and the participation of people of color at the inauguration of Biden/Harris give me at least a modicum of hope for the future. 

And, in terms of what calls us together, if indeed the professor is correct, that this is us, then "this is us" is situated within USDA, and that must be the target of our efforts to change its culture and the systemic factors that keep racism entrenched and Black farmers and women employees marginalized beneath the thin veneer of "we're better than we've been before." 

These are things to which I am committed. 

Here is the interview with Dr. Glaude: 

https://www.msnbc.com/deadline-white-house/watch/blaming-trump-is-too-easy-this-is-us-65354309615

Respectfully,

Waymon

Waymon R. Hinson, Ph.D.

Researcher/Activist

Where we Stand: Justice Act and Vilsack

 

A Few Annotations as to Why Biden's Nomination is a Bad One for Black Farmers

The following links and comments are all pertinent to the Vilsack nomination for Ag Secretary by President-Elect Joe Biden. As much as I wanted trump out and Biden in, and as much as I wanted Perdue out as Ag Secretary, this decision is a clear betrayal of rural America, Black America, and Black farmers. Joe Biden can do better. I am not convinced that he was fully informed ahead of time as to the baggage that Vilsack bore. If he didn't he should have. Those who vetted Vilsack did not do a good job of vetting, or, Mr. Biden simply ignored the obvious. We will not stop even though his nomination is in place. We will fight even if he is confirmed, but we will also advocate for justice until we have no more breath in our bodies.  

https://www.motherjones.com/food/2020/12/biden-vilsack-usda-agriculture-shirley-sherrod/

Vilsack is the same guy who worked under President Obama for two terms. He is pro-big ag at the expense of small family farms, his support of corporate interests rather than workers in the meat packing industry, his support of pesticides at the expense of peoples' health, and his woeful narrative around civil rights for Black farmers and women employees is criminal. 

https://thecounter.org/tom-vilsack-biden-usda-civil-rights-betrayal-lawrence-lucas/

This article gets personal. Lawrence Lucas and I have become partners in the effort on behalf of Black farmers. We talk several times a week. I have listened to him, and he has listened to me, and we have supported each other during the heavy days of the effort. He led the way to push back against Elizabeth Warren's support of the heirs property factor as key to land loss. She listened to us, developed an expansive Black farmer policy, and spearheaded The Justice for Black Farmers Act of 2020 before handing it off to Cory Booker. Lawrence was at the helm of that movement. I have watched him work. I have experienced my grief and angst alongside his. You will find his narrative of betrayal deeply compelling. 

https://www.politico.com/news/2020/12/09/black-farmers-tom-vilsack-agriculture-usda-biden-cabinet-444077

You'll find several of my friends quoted in this article. You'll find several quoted who will appear in the Black farmer documentary. Yes, we are seething over this nomination. 

https://thecounter.org/usda-black-farmers-discrimination-tom-vilsack-reparations-civil-rights/

This expose by Nate Rosenberg and Bryce Stucki reveals the truth behind the Vilsack administration. No, the Vilsack administration did not settle scores of civil rights complaints. No, civil rights complaints did not fall to an all-time low. No, the USDA did not reduce disparities between Black and white farmers. No, the number of Black farmers did not increase. No, the Pigford Settlement did not close a painful chapter in the USDA's history of discrimination.