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“His point was that the vast majority of El Paso Mexicans, who were not of the middle class, did not think of themselves as white and that El Paso blacks also did not regard Mexicans as white” (J. Hamilton Price, quoted and discussed in Foley)

J. Hamilton Price on Mexican protests of whiteness, non-coloredness. Followed Jim Crow patterns for colored, not white, people. / BB&W, p. 133.

Amidst all the protests that classifying Mexicans as “colored” insulted Mexicans on both sides of the border, little was heard from the African American community of El Paso, which, although small (less than two percent), could not have appreciated the Mexican community’s insistence that being classified in the same racial category as “negro” was the worst possible affront to Mexican racial pride. However, one El Pasoan, J. Hamilton Price, who was either African American or posing as one, wrote a long letter explaining how both blacks and whites in El Paso were roaring with laughter over the Mexicans’ exhibitions of wounded dignity.[29] Price wrote that local blacks did not consider Mexicans white, nor did they consider them to be superior to blacks. Furthermore, if Mexicans considered themselves superior to blacks, he wanted to know why Mexicans in El Paso ate, drank, and worked with people considered racially inferior. He went on to list the numerous ways in which Mexican behavior departed radically from Anglo-white behavior with respect to blacks. “One sees daily in this city,” he wrote, “Mexican boys shining the shoes of Negroes. If Mexicans are racially superior to Negroes,” he continued, “they shouldn’t be shining their shoes.”[30] It is worth listing all the behaviors Price described to indicate how ludicrous he found the Mexican claim to whiteness:

  • Some of the Mexican men had their hair made wavy to look more like the curly hair of Negroes.
  • In local stores Mexican clerks addressed Negro clients as “Sir” and “Ma’am.”
  • In local streetcars Mexicans occupied the seats reserved by law for Negroes.
  • Many Mexicans in El Paso preferred Negro doctors and dentists to those of their own race.
  • Many Mexicans were employed on ranches and in the homes and commercial establishments of Negroes.
  • Mexican boxers competed with Negroes in Juarez and would compete with them in El Paso, if it were permitted.
  • Mexican soccer players avidly played against Negroes, and many of the players on the Mexican teams were Negroes.
  • In some of the Mexican bars and small restaurants Negroes were as well received as Mexicans themselves.
  • Four out of five clients of Negro prostitutes were Mexicans.
  • In El Paso and Juarez many Mexican women were married to Negroes.

[134]Price wrote that the offspring of Mexican and black marriages were so numerous in El Paso that they were called “negro-burros,” literally, “black donkeys.” In Mexico, according to Price, many of these mixed-race persons were considered Mexican and occupied important positions in Mexican social circles. They often frequented the best theaters, restaurants, and Mexican hair salons, married Mexican women, and, if Democrats, were able to vote in the Democratic primaries in Texas, which otherwise barred blacks from voting. His point was that the vast majority of El Paso Mexicans, who were not of the middle class, did not think of themselves as white and that El Paso blacks also did not regard Mexicans as white. Price, angered by the manner in which Mexicans objected to being labeled as “colored,” ended his long leter with some racial invective of his own: “Though once pure Indians,” he wrote, “Mexicans had become more mixed than dog food–undoubtedly a conglomeration of Indian with all the races known to man, with the possible exception of the Eskimo.”[31]

Price’s letter brought a series of angry rebuttals from Mexicans who denounced Price as a coward for using a pseudonym–they could not find his name in the city directory. One writer, Abraham Arriola Giner, accused Negroes of deserving their inferior status for having tolerated oppressive conditions that no Mexican ever would. He boasted of the high level of culture attained by his Indian ancestors and belittled Negroes as descendants of “savage tribes” from Africa where they practiced cannibalism and did nothing to improve their lives. He reminded Price that American Negroes, as former slaves, did not have their own country or flag and that there was no honor for those who did not understand the meaning of liberty. In  afinal stroke of racial arrogance, Arriola Gina wrote that Mexicans would never tolerate any race claiming to be superior to Mexicans because “such superiority does not exist.”[32]

Neil Foley, "Partly Colored or Other White: Mexican Americans and Their Problem with the Color Line," in Beyond Black and White: Race, Ethnicity, and Gender in the U.S. South and Southwest, ed. Stephanie Cole and Alison M. Parker, 123-144 (College Station: Texas A&M University Press, 204), 133-134.
  1. [29]El Continental, Oct. 14, 1936, CCC. An editorial appearing opposite Hamilton’s letter stated that the letter appeared to be written “por un negro” and that although vulgar (“grosera”), the editor decided to publish the letter to express a different point of view.
  2. [30]El Continental, Oct. 14, 1936, CCC.
  3. [31]Ibid.
  4. [32]Ibid., Oct. 16, 1936.

“Menchaca was comparatively well off, but only in relation to a San Antonio Tejano population undergoing a significant downward trend in economic status from landowners to a working underclass.” (Matovina and de la Teja)

1840-1850: Census documentation of declining Tejanx economic position

The 1840 census of the Republic of Texas recorded him as holding one town lot in San Antonio, presumably the location of his private residence, and two horses. He was also the agent of record for his widowed mother, who owned one town lot. After U.S. annexation of Texas, his level of prosperity remained relatively constant. In 1840, on the first U.S. census conducted in San Antonio, he was listed as a “merchant” who owned real estate valued at $2,000; a newspaper report from seven years later mentions Menchaca as one owner of transport carts loaded with goods that left San Antonio for the coast under armed guard during the infamous Cart War.[26]

[15] Still, in comparison to other San Antonio Tejanos, Menchaca’s retention of his homestead and mercantile interests placed him ahead of many contemporaries. Although incomplete, the census of 1840 showed that Tejanos owned 85.1 percent of the town lots in San Antonio, along with 63.8 percent of all land acreage titled to local residents. According to the 1850 census, they owned only 9.1 percent of real estate values claimed. Similarly, in 1830, when Tejanos comprised nearly all the population of San Antonio, the census showed that most residents were farmers and only 14.8 percent were laborers. No employment listings were given in the 1840 census, but in 1850, 61.4 percent of the Tejano population was in labor positions. Menchaca was comparatively well off, but only in relation to a San Antonio Tejano population undergoing a significant downward trend in economic status from landowners to a working underclass.[27]

Menchaca did not complacently accept the woes of his fellow Tejanos. He was a frequent witness for Tejano parties in court cases, particularly for veterans seeking the compensation due them by law for military service in the Texas Revolution. Convinced that the just claims of many Tejano veterans had been denied or unduly delayed as compared to the more prompt approvals their Anglo-American counterparts received, Menchaca was one of nineteen Tejano signers in 1875 of a letter to the Texas comptroller of [16] public accounts that sought to “disabuse [Comptroller Stephen H. Darden’s mind of any prejudice” against Tejano veterans and that demanded for themselves and their comrades “simply justice and nothing more.” His support of fellow Tejanos was so strong that apparently he did not even hold grudges against those who supported the Mexican side in the Texas Revolution. For example, he provided a deposition to support the legal claims of Francisco Esparza, a San Antonio native who, unlike his Alamo-defender brother Gregorio, had opted to fight in the Mexican army during the December 1835 Texan siege of San Antonio and was on reserve with the Mexican forces during Santa Anna’s Texas campaign. James Newcomb summed up Menchaca’s leading role as a legal advocate when he quipped that “in later years, when the titles to almost every foot of ground in the old city and county of Bexar were litigated in the courts, Captain Menchaca became a standing witness to prove up the genealogy of the old families.”[28]

Matovina and de la Teja, “Introduction: Antonio Menchaca in Texas History,” in Antonio Menchaca, Recollections of a Tejano Life: Antonio Menchaca in Texas History, edited by Timothy Matovina and Jesús F. de la Teja, with the collaboration of Justin Poché (Austin: University of Texas Press, 2013)., 14-16.

  1. [26][…] Gifford White, ed., The 1840 Census of the Republic of Texas, 15; V. K. Carpenter, comp. The State of Texas Federal Population Schedules Seventh Census of the United States, 1850, entry no. 179, 1:121; San Antonio Herald, 25 September 1857, p. 2. For a brief overview of the Cart War, see John J. Linn, Reminiscences of Fifty Years in Texas, 352-354; J. Fred Rippy, “Border Troubles along the Rio Grande, 1848-1860,” 103-104; Larry Knight, “The Cart War: Defining American in San Antonio in the 1850s,” 319-336.
  2. [27]White, ed., The 1840 Census of the Republic of Texas, 12-18; Carpenter, comp., State of Texas Seventh Census, 1:111-189; White, 1830 Citizens of Texas, 79-112. The downward trend in socioeconomic fortunes of Bexareños was not unique, either to Texas or to the Southwest generally. Arnoldo De León, in The Tejano Community, 1836-1900, was the first to explore this theme in a major work, not from the perspective of victimization, but from that of resistance and self-assertion. David Montejano, in confirming De León’s findings, expanded the focus to include the legalistic dynamics of Tejano marginalization in the nineteenth century in Anglos and Mexicans in the Making of Texas, 1836-1986. Beyond Texas, Richard Griswold del Castillo, in The Los Angeles Barrio, 1850-1890: A Social History, and Albert Camarillo, in Chicanos in a Changing Society: From Mexican Pueblos to American Barrios in Santa Barbara and Southern California, 1848-1930, trace the very similar processes at work in southern California during the nineteenth century. Even in New Mexico, where they remained such a large percentage of the population, Laura E. Gómez demonstrates in Manifest Destinies: The Making of the Mexican American Race that Mexican Americans faced socioeconomic decline. In all these cases, the result was the formation and reinforcement of a distinctly Mexican-based identity.
  3. [28]Antonio Menchaca, deposition, 1 January 1856, Antonio Fuentes file, and deposition, 28 July 1856, Carlos Espalier file, both in Memorials and Petitions, Texas State Library and Archives Commission, Austin; Juan N. Seguín, “Application for Pension,” 2 October 1874, in Seguín, Revolution Remembered, ed. De la Teja, 2nd ed., 187-188; Tejano citizens to Stephen H. Darden, 12 January 1875, in James M. Day, ed., “Texas Letters and Documents,” 84; Menchaca, deposition, 24 August 1860, Court of Claims voucher file no. 2557 (Francisco Esparza), Texas General Land Office, Austin; Newcomb, introduction to Memoirs, by Antonio Menchaca, ed. Chabot, 11.

“The yellow or bronze racial color is the hallmark of Oriental despotisms…” / “The White race was … ‘peculiarly fitted for self-government’” (Haney Lopez)

(Cf. 1836 Declaration from Texas on “unfit to govern themselves,” etc., which is cited in briefs in In re Rodriguez.)

The prerequisite cases also naturalized Whiteness by linking cognitive and cultural traits to physical difference. The prerequisite courts tied temperament, culture, intellect, political sophistication, and so on to physical features, treating questions of behavior as innate elements of human biology rather than as aspects of acquired identity.[16] Reconsider the justification offered by one court for the racial bar on Asian naturalization: “The yellow or bronze racial color is the hallmark of Oriental despotisms.”[17] This language draws a direct link between race and political temperament, thereby making culture a function of racial rather than social variability. This view of race seems to undergird the prerequisite laws, rendering fitness for citizenship not a question of learned behavior but of innate predispositions. To see this, contrast the remark about “despotism” with the view commonly held at the turn of the century that the White race was, as a leading scholar put it, “peculiarly fitted for self-government. It submits its action habitually to the guidance of reason, and has the judicial faculty of seeing both sides of a question.”[18] Whites qualified for citizenship because they were fit by nature for republican government; non-Whites remained perpetual aliens because they were inherently unfit for self-rule. Putative differences in temperament and culture were naturalized as “racial” differences.

Ian F. Haney López, White By Law: The Legal Construction of Race (New York: New York University Press, 1996), 162.

 

  1. [16]SMEDLEY, supra, at 27.
  2. [17]Terrace v. Thompson, 274 F. 841, 849 (W.D.Wash. 1921).
  3. [18]FRANCIS PARKMAN: REPRESENTATIVE SELECTIONS 380-82 (William Schram ed., 1938), quoted in THOMAS GOSSETT, RACE: THE HISTORY OF AN IDEA IN NORTH AMERICA 95 (1963).

“The prerequisite cases show that race is a social construct fabricated in part by law.” (Haney Lopez)

The prerequisite cases show that race is a social construct fabricated in part by law. More than this, these cases specifically illuminate the construction of Whiteness, constituting that rare instance when White racial identity is unexpectedly drawn out of the background and placed abruptly in question. Moving away from legal theory, it is useful to ask what the prerequisite cases tell us about Whiteness. It may seem that these cases say relatively little, both because the courts failed to offer a developed definition of White identity, and also seemed to concern themselves much more with who was not White. In the end, however, it is exactly these practices that tell us most about the nature of White identity today, drawing into view both the maintaining technologies of transparency and the relational construction of White and non-White identity.

Ian F. Haney López, White By Law: The Legal Construction of Race (New York: New York University Press, 1996), 155.

“Racism and prejudice, it is clear, played a fundamental role in encouraging mob violence against Mexicans … [1920s] ‘I would not think of classifying Mexicans as whites’” (Carrigan and Webb)

1920s: “I would not think of classifying Mexicans as whites.” / BB&W 50 (From Taylor interviews.)

Economic competition, although a significant force, does not sufficiently explain the history of anti-Mexican or anti-black mob violence. If mobs had considered only economics, they would have been just as likely to murder or expel any group standing in their way. But, in fact, mobs specially targeted Mexicans in the southwestern United States. Racism and prejudice, it is clear, played a fundamental role in encouraging mob violence against Mexicans. Mexicans were portrayed as a cruel and treacherous people with a natural proclivity toward criminal behavior. Racist stereotypes abounded in private correspondence, contemporary literature, and the popular media. “The lower class of Mexicans, on the west coast, appear to be a dark, Indian-looking race, with just enough of the Spanish blood, without its appropriate intelligence, to add a look of cunning to their gleaming, treacherous eyes, wrote Theodore T. Johnson in 1849.[54] In April, 1872, the Weekly Arizona Miner exclaimed: “Bad Mexicans never tire of cutting throats, and we are sorry to be compelled to say that good Mexicans are rather scarce.”[55] These assumptions, legitimated by pseudoscientific research, remained prevalent well into the twentieth century. A track foreman interviewed in the late 1920s in Dimmit County, Texas, observed: “They are an inferior race. I would not think of classing Mexicans as whites.”[56]

William D. Carrigan and Clive Webb, "Muerto por Unos Desconocidos (Killed by Persons Unknown): Mob Violence against Blacks and Mexicans," in Beyond Black & White: Race, Ethnicity, and Gender in the U.S. South and Southwest, edited by Stephanie Cole and Alison M. Parker (College Station: Texas A&M University Press, 2004), 50.

 

 

  1. [54]Theodore T. Johnson, Sights in the Gold Regions and Scenes by the Way (New York: Baker and Scriber, 1849), p. 240. Another early example of Anglo prejudice against Mexicans can be found in T. J. Farham, Life, Travels, and Adventures in California and Scenes in the Pacific Ocean (New York: William H. Graham, 1846), pp. 356-57.
  2. [55]Weekly Arizona Miner, Apr. 26, 1872.
  3. [56]Paul S. Taylor, Mexican Labor in the United States: Dimmit County, Winter Garden District, South Texas (Berkeley: University of California Press, 1980), p. 446 (quote). For additional accounts of prejudicial views towards Mexicans, see Robert Lee Maril, Poorest of Americans: The Mexican Americans of the Lower Rio Grande Valley of Texas (Notre Dame, Ind.: University of Notre Dame Press, 1989), pp. 10-11, 30, 33, 41-47, 49, 51-54, 79, 81, 151-55; Américo Paredes, “With His Pistol in His Hand,” in Chicano: The Evolution of a People, ed. by Renato Rosaldo, Robert A. Calvert, and Gustav L. Seligmann, Jr. (Malabar, Fla.: Robert E. Krieger Publishing Company, 1982), p. 101; Richard Griswold del Castillo and Arnoldo De León, North to Aztlán: A History of Mexican Americans in the United States (New York: Twayne Publishers, 1996), p. 30; Frank W. Johnson, A History of Texas and Texans (Chicago: American Historical Society, 1914), vol. 1, p. 516; Mark Reisler, “Always the Laborer, Never the Citizen: Anglo Perceptions of the Mexican Immigrant during the 1920s,” in Between Two Worlds: Mexican Immigrants in the United States, ed. by David G. Gutierrez (Wilmington, Del.: Scholarly Resources Inc., 1996), pp. 25-29.

“Frustrated at having been beaten out by the lower prices of their Mexican rivals, white competitors resorted to murdering cartmen, driving off their oxen and burning their carts and freight. Economic rivalry with Mexicans continued to inspire retributive action by whites throughout the late nineteenth and early twentieth centuries.” (Carrigan and Webb)

1857: Cart War in context of Anglo lynchings of Mexicans. / BB&W 49

Although the California gold rush witnessed some of the worst acts of mob violence against Mexicans, whites also resorted to savagery–in order to secure economic supremacy–on other occasions. Actions during the Texas “Cart War” of 1857 exemplify this. During the 1850s, Texas businessmen developed a freight-hauling service between Indianola and San Antonio. Frustrated at having been beaten out by the lower prices of their Mexican [50] rivals, white competitors resorted to murdering cartmen, driving off their oxen and burning their carts and freight. Economic rivalry with Mexicans continued to inspire retributive action by whites throughout the late nineteenth and early twentieth centuries. In 1898, a group of Gonzales, Texas men–probably poor white sharecroppers in competition with Mexican immigrants–posted this warning: “Notice to the Mexicans. You have all got ten days to leave in. Mr. May Renfro and brother get your Mexicans all off your place. If not, you will get the same they do. Signed, Whitecaps.” In the 1920s, alarm at the increasing number of Mexican laborers who settled in the Rio Grande valley contributed to the growth of the local Ku Klux Klan.[53]

William D. Carrigan and Clive Webb, "Muerto por Unos Desconocidos (Killed by Persons Unknown): Mob Violence against Blacks and Mexicans," in Beyond Black & White: Race, Ethnicity, and Gender in the U.S. South and Southwest, edited by Stephanie Cole and Alison M. Parker (College Station: Texas A&M University Press, 2004), 49ff.
  1. [53]Waco Times-Herald, Feb. 17, 1898; David J. Weber, ed., Foreigners in their Native Land: Historical Roots of the Mexicans (Albuquerque: University of New Mexico Press, 1973), p. 153; George P. Garrison, Texas: A Contest of Civilizations (Boston: Houghton Mifflin Co., 1973), p. 274; Frank W. Johnson, A History of Texas and Texans (Chicago: American Historical Society, 1914), vol. 1, pp. 515-16; J. Fred Rippy, The United States and Mexico (New York: F. S. Crofts & Co., 1931), pp. 179-80; Charles C. Alexander, The Ku Klux Klan in the Southwest (Lexington: University of Kentucky Press, 1965), p. 24. For further evidence of economic competition precipitating mob violence, see Mary Romero, “El Paso Salt War: Mob Action or Political Struggle?” Aztlán 16, nos. 1-2 (1985): 119-38.

“The role of nonlegal actors in the legal construction of race can be understood as a question about whether people obey or acquiesce to the law.” (Haney Lopez)

Non-Whites

Judges and legislators continue to participate in the legal construction of race, if for some only through the internalization [147] of socially prevalent racist beliefs. But what of non-legal actors? The role of nonlegal actors in the legal construction of race can be understood as a question about whether people obey or acquiesce to the law. To obey suggests a rational, considered relation to law in which the law coerces through threats and rewards that are evaluated and form the basis for decisions about how to act. Acquiescence suggests a more complex relationship with law, one in which the actor accepts the norms and assumptions underlying law as legitimate or at least binding, leading to behavior conditioned, not just through a rational calculus of rsisk and rewards, but through subscription to the normative world of the legal regime.[67] This question of obedience or acquiescence among nonlegal actors is central to assessing the intractability of existing racial categories. If people merely obey the law, then altering laws might promise quick changes in racial construction; however, change might be more difficult if through a lifetime of acquiescence people have fully embraced the assumptions about races embedded in current laws. Questioning whether people obey or acquiesce to law takes on a significantly different character, however, when posed in a discussion about the role of people of color in the legal construction of race. In this context, the question becomes one of complicity: If rather than simply obeying the law we have acquiesced to it, are we complicitous in our own oppression?

Ian F. Haney López, White By Law: The Legal Construction of Race (New York: New York University Press, 1996), 146-147.

 

“In the western states, racial discrimination against Mexicans shares an almost equally long history, appearing for example in California’s 1855 ‘Greaser Act’” (Haney Lopez)

California 1855 ‘Greaser’ Act — [using a Texas-origin ethnic slur… -CJ]

It may be that those who draft or support such laws are unconscious racists in the sense that they operate under the influence of prevalent social prejudices but cannot admit even to themselves the racial antipathies that rule their fears and desires. Racial prejudice against immigrants is a long tradition in the United States, evident [145] certainly in the prerequisite cases. In the western states, racial discrimination against Mexicans shares an almost equally long history, appearing for example in California’s 1855 “Greaser Act,” an antiloitering law that applied to “all persons who are commonly known as ‘Greasers’ or the issue of Spanish and Indian blood . . . and who go armed and are not peaceable and quiet persons.”[65] Prejudice forms an established part of the contemporary social fabric, even as it stands in contradiction to society’s expressed disapproval of racial discrimination. Racial prejudice, though not consciously recognized as such, exists at a level that motivates and directs social hostility, giving it rhetorical and, more importantly, legal form.

The relative lack of intentional racial animus behind Proposition 187 and similar anti-immigrant legislation does not reduce the effect such laws have in maintaining and deepening racial hierarchies. […] Anti-immigrant laws, drawing on deep social beliefs in racial hierarchy, give effect to and entrench those same social beliefs.

The prevalence and daily material reinforcement of racist beliefs in our society ensure the continued legal construction of race in the form of ostensibly neutral but [146] actually discriminatory laws put forward by those who assure us, and are genuinely convinced of, their own good intentions.

Ian F. Haney López, White By Law: The Legal Construction of Race (New York: New York University Press, 1996), 144-146.

 

  1. [65]Act of April 30, 1855, ch. 175, § 2, 1855, Cal. Stat. 217, excerpted in ROBERT F. HEIZER and ALAN J. ALMQUIST, THE OTHER CALIFORNIANS: PREJUDICE AND DISCRIMINATION UNDER SPAIN, MEXICO, AND THE UNITED STATES 151 (1971).

“The issue was not immigration, it was Mexicans…” – demography, fertility, “mongrelization” (Haney Lopez)

WBL p. 142ff

The racial animus behind Proposition 187 is painfully evident in the imagery and language used by the proponents of the measure. Consider the questions posed in rhetorical support of S.O.S. in the official state ballot pamphlet:

Should those ILLEGALLY here receive taxpayer subsidized education including college?

Should our children’s classrooms be over-crowded by those who are ILLEGALLY in our country?

Should our Senior Citizens be denied full service under Medi-Cal to subsidize the cost of ILLEGAL ALIENS?[56]

Even in the context of a ballot pamphlet, where one might expect carefully considered advocacy, the structure and language of these questions betrays the stark us-versus-them distinctions that mark racial divides, creating an unbridgeable gulf between “them,” the illegal aliens, and “us,” the taxpayers, parents, and senior citizens. Undocumented people, whether tourists who overstayed their visas or wage laborers who crossed the border for work, are cast as a single, homogenous, undeserving, uppercase [143] OTHER bent on victimizing the variegated but relatively defenseless and lowercase “we.”

Not surprisingly, the less-restrained public campaign for Proposition 187 echoed and amplified these overtones of racial bias. In the public campaign, the issue was not immigration, it was Mexicans. In television commercials linking his bid for reelection to support for S.O.S., California Governor Pete Wilson repeatedly ran prime-time images of people running in pandemonium through a Tijuana-San Diego border checkpoint, powerfully transforming the anti-immigrant initiative into an anti-Mexican campaign.[57] As Elizabeth Martínez writes, “Wilson has almost single-handedly made the word ‘immigrant’ mean Mexican or other Latino (and sometimes Asian). Who thinks of all the people coming from the former Soviet Union and other countries?”[58] Wilson is not alone in race-baiting through the language of immigration reform. Evidence of racial bias also abounds in the comments of others who support restrictionist immigration policies. One grass-roots organizer argues that with immigrants, “[i]t’s like animals. When there’s scarcity, they don’t breed. When there’s plenty, they breed.”[59] A founder of the prominent restrictionist lobby, the Federation for American Immigration Reform, asks: “Will the present majority peaceably hand over its political power to a group that is simply more fertile? . . . On the demographic point, perhaps this is the first instance in which those with their pants up are going to get caught by those with their pants down!”[60] A 1992 Republican presidential hopeful stated “that immigrants ‘mongrelize’ our culture and dilute our values.”[61] The divisive rhetoric of us and them, the repeated depictions of Mexicans rushing across the border, and the invective about breeding and mongrelization all slander the reality of immigration to this country in the hostile terms of racial inferiority. This language completely disregards the reality [144] Gerald López seeks to remind us of, that when it comes to immigration, “They are we.”[62]

In light of these xenophobic comments and the long history of nativism in the United States, it is difficult to conclude that anything but racism provides the primary force behind anti-immigrant measures such as Proposition 187. Nevertheless, it must be noted that the vast majority of those supporting such legislation insist that they are not driven by racism. Thus, the proponents of the S.O.S. initiative stress that race is irrelevant to their concerns, and that they are solely interested in curtailing the flow of undocumented migration. […]

Ian F. Haney López, White By Law: The Legal Construction of Race (New York: New York University Press, 1996) Haney López, White By Law  , 141-143.
  1. [56]Illegal Aliens, Ineligibility for Public Services. Verification and Reporting. Initiative Statute, CALIFORNIA BALLOT PAMPHLET, GENERAL ELECTION, NOVEMBER 8, 1994, at 54.
  2. [57]Elizabeth Kadetsky, Bashing Illegals in California, THE NATION, Oct. 17, 1994, at 416, 421.
  3. [58]Elizabeth Martínez, Seeing More Than Black and White: Latinos, Racism, and Cultural Divides, Z MAGAZINE, May 1994, at 56, 58.
  4. [59]Amy Chance, Controls Defended as Economic, Not Racist, SACRAMENTO BEE, Jan. 24, 1993, at A10, quoted in Kevin Johnson, Los Olvidados: Images of the Immigrant, Political Power of Noncitizens, and Immigration Law and Enforcement, 1993 B.Y.U. L. REV. 1139, 1165 n.95.
  5. [60]Amy Chance, Illegal Aliens Increasingly Blamed for State’s Problems, SACRAMENTO BEE, Jan. 24, 1993, at A1 (quoting John Tanton), quoted in Johnson, supra, at 1165 n.95.
  6. [61]Bill Ong Hing, Beyond the Rhetoric of Assimilation and Cultural Pluralism: Addressing the Tension of Separatism and Conflict in an Immigration-Driven Multiracial Society, 81 CAL. L. REV. 863, 870 (1993) (quoting David Duke) (citation omitted).
  7. [62]Gerald López, Undocumented Mexican Migration: In Search of a Just Immigration Law and Policy, 28 UCLA L. REV. 615, 713 (1981).

“to deny birthright citizenship … exemplifies current efforts to write facially neutral laws with racially discriminatory effects” (Haney Lopez)

Immigration laws targeting presumptively Latinx immigrants serve as Haney Lopez’s chief example of facially neutral laws that nevertheless have a racially disparate impact. / WBL 141ff

The proposed constitutional amendment to repeal the [142] Citizenship Clause of the Fourteenth Amendment in order to deny birthright citizenship to children born in the United States to undocumented persons exemplifies current efforts to write facially neutral laws with racially discriminatory effects.[54] So does California’s Proposition 187, the “Save Our State” (S.O.S.) initiative, which makes undocumented persons and their children ineligible for public social services ranging from primary education to non-emergency doctor’s visits and prenatal care.[55] Approved in 1994 by a two-to-one margin but currently blocked by a series of court challenges, S.O.S. is being hailed by some national leaders as a model for the entire country. Its success dramatically confirms the role of unconscious racism in the legal construction of race.

Ian F. Haney López, White By Law: The Legal Construction of Race (New York: New York University Press, 1996) Haney López, White By Law  , 141ff.

 

  1. [54]H.R.J. Res. 129, 103d Cong., 1st Sess. (1993). See chapter 2.
  2. [55]Proposition 187: Text of Proposed Law, CALIFORNIA BALLOT PAMPHLET, GENERAL ELECTION, NOVEMBER 8, 1994, at 91.