My take on what the disagreement is about is that while there is agreement that the "Best Names Ever" list was inappropriate, there is disagreement about _why_ it was inappropriate. The founders seem to think it was inappropriate because making fun of your customers behind their back is not nice, but that it was not racist. The other contingent seems to think that in addition to being disrespectful of their customers, it was also racist. That contingent feels that in order to work towards a less racist future it is important to acknowledge past acts of racism.
Two other details I find interesting:
- In the post you linked to, DHH specifically talks about the Asian names on the list.
- The only attributed statements I've seen from any non-founder employees are from Jane Yang.
My guess here is that Jane is Asian, that she is likely one of the most involved employees in this situation, and that she feels that the inclusion of Asian names on the list constitutes anti-Asian racism. DHH clearly disagrees about the last point. If I'm right, this is a case where a white man is telling an Asian woman that comments she believes reflect anti-Asian bias are not racist. In my observation, white men telling minorities what is and is not racist is one of the surest ways to enrage those who feel passionately about racial justice issues.
Undoubtedly some of the visa overstays entered with a good faith belief that their stay would be temporary, but my guess would be the vast majority planned to immigrate and lied at some point in the visa issuance or border control process. That would make them make them guilty of criminal improper entry.
The statutory language is in 8 USC § 1325[0] and consists in relevant part of:
"Any alien who... obtains entry to the United States by a willfully false or misleading representation... shall... be fined under title 18 or imprisoned... or both"
It's hard to prove and rarely prosecuted of course, but that doesn't change the fact that many of the overstays are guilty.
Two other details I find interesting:
My guess here is that Jane is Asian, that she is likely one of the most involved employees in this situation, and that she feels that the inclusion of Asian names on the list constitutes anti-Asian racism. DHH clearly disagrees about the last point. If I'm right, this is a case where a white man is telling an Asian woman that comments she believes reflect anti-Asian bias are not racist. In my observation, white men telling minorities what is and is not racist is one of the surest ways to enrage those who feel passionately about racial justice issues.