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On August 4, 1942, the Mexican and US governments launched the binational guest worker program most commonly known as the Bracero Program. An estimated 5 million Mexican men between the ages of nineteen and forty-five separated from their families for three to nine-month cycles at a time, depending on the duration of their labor contract, in anticipation of earning the prevailing US wage this program had promised them. They labored in US agriculture, railroad construction, and forestry with hardly any employment protections or rights in place to support themselves or the families they had left behind in Mexico. The inhumane configuration and implementation of this program prevented most of these men and their families from meeting this goal. Instead, the labor exploitation and alienation that characterized this guest worker program and their program participation paved the way for fragile transnational family relationships. The Bracero Program grew over the course of its twenty-two-year existence, and despite its negative consequences, Mexican men and their families could not afford to settle for unemployment in Mexico nor pass up US employment opportunities of any sort. The Mexican and US governments’ persistently negligent management of the program coupled with their conveniently selective acknowledgment of the severity of the plight of Mexican women and men consistently required Mexican men and their families to shoulder the full extent of the program’s exploitative conditions and terms.

Article

Ivón Padilla-Rodríguez

Child migration has garnered widespread media coverage in the 21st century, becoming a central topic of national political discourse and immigration policymaking. Contemporary surges of child migrants are part of a much longer history of migration to the United States. In the first half of the 20th century, millions of European and Asian child migrants passed through immigration inspection stations in the New York harbor and San Francisco Bay. Even though some accompanied and unaccompanied European child migrants experienced detention at Ellis Island, most were processed and admitted into the United States fairly quickly in the early 20th century. Few of the European child migrants were deported from Ellis Island. Predominantly accompanied Chinese and Japanese child migrants, however, like Latin American and Caribbean migrants in recent years, were more frequently subjected to family separation, abuse, detention, and deportation at Angel Island. Once inside the United States, both European and Asian children struggled to overcome poverty, labor exploitation, educational inequity, the attitudes of hostile officials, and public health problems. After World War II, Korean refugee “orphans” came to the United States under the Refugee Relief Act of 1953 and the Immigration and Nationality Act. European, Cuban, and Indochinese refugee children were admitted into the United States through a series of ad hoc programs and temporary legislation until the 1980 Refugee Act created a permanent mechanism for the admission of refugee and unaccompanied children. Exclusionary immigration laws, the hardening of US international boundaries, and the United States preference for refugees who fled Communist regimes made unlawful entry the only option for thousands of accompanied and unaccompanied Mexican, Central American, and Haitian children in the second half of the 20th century. Black and brown migrant and asylum-seeking children were forced to endure educational deprivation, labor trafficking, mandatory detention, deportation, and deadly abuse by US authorities and employers at US borders and inside the country.

Article

Allison Brownell Tirres

Latino Americans have intersected with the law in complicated ways throughout American history. Latinos themselves are a diverse and heterogeneous racial, ethnic, and cultural group, with members hailing from all parts of the Spanish-speaking world and representing all variations on the spectrum of race. Each group has a unique origin story, but all have been shaped by law and legal process. Legal historians and legal scholars explore the role of law in incorporating Latino groups in American society, the effects of law on Latino communities, and the struggles of Latino lawyers, activists, and ordinary people against legal discrimination and for equality. The civil rights story of Latinos bears strong resemblance to that of African Americans: In each case, members have been subjected to de jure and de facto discrimination and social subordination. But the Latino civil rights story has unique valences, particularly in the areas of language discrimination and immigration law and policy. Latino legal history demonstrates the complex ways that Latinos interact with the color line in American law and politics.

Article

Simon Balto and Max Felker-Kantor

The relationship between policing and crime in American history has been tenuous at best. In fact, policing and crime are imperfectly correlated. Crime is understood as a socially constructed category that varies over time and space. Crime in the American city was produced by the actions of police officers on the street and the laws passed by policymakers that made particular behaviors, often ones associated with minoritized people, into something called “crime.” Police create a statistical narrative about crime through the behaviors and activities they choose to target as “crime.” As a result, policing the American city has functionally reinforced the nation’s dominant racial and gender hierarchies as much as (or more so) than it has served to ensure public safety or reduce crime. Policing and the production of crime in the American city has been broadly shaped by three interrelated historical processes: racism, xenophobia, and capitalism. As part of these processes, policing took many forms across space and time. From origins in the slave patrols in the South, settler colonial campaigns of elimination in the West, and efforts to put down striking workers in the urban North, the police evolved into the modern, professional forces familiar to many Americans in the early 21st century. The police, quite simply, operated to uphold a status quo based on unequal and hierarchical racial, ethnic, and economic orders. Tracing the history of policing and crime from the colonial era to the present demonstrates the ways that policing has evolved through a dialectic of crisis and reform. Moments of protest and unrest routinely exposed the ways policing was corrupt, violent, and brutal, and did little to reduce crime in American cities. In turn, calls for reform produced “new” forms of policing (what was often referred to as professionalization in the early and mid-20th century and community policing in the 21st). But these reforms did not address the fundamental role or power of police in society. Rather, these reforms often expanded it, producing new crises, new protests, and still more “reforms,” in a seemingly endless feedback loop. From the vantage point of the 21st century, this evolution demonstrates the inability of reform or professionalization to address the fundamental role of police in American society. In short, it is a history that demands a rethinking of the relationship between policing and crime, the social function of the police, and how to achieve public safety in American cities.