iPhone app iPad app Android phone app Android tablet app More

Featuring fresh takes and real-time analysis from HuffPost's signature lineup of contributors
Leo Pierson

GET UPDATES FROM Leo Pierson
 

On Anti-immigration Laws and the Supreme Court

Posted: 04/23/2012 6:05 am

"Should more creative and positive alternatives to meet [immigration concerns] continue to be neglected, nativist trends will proliferate across the nation."

I wrote that as a policy warning in the conclusion of my Master's thesis back in spring of 2009. Now, nearly three years to the day, the Supreme Court Justices are set to consider the constitutionality of Arizona's restrictionist immigration law. The decision they render could alter the course of American history.

While most conversations will focus on the legal arguments, I'm going to talk about the intent of these laws and the principles these policies seek to undermine. After all, the most important thing to the people and to the stability of our country is the legacy of fairness that undergirds our constitutional principles. It is that ever fragile ideal of 'justice on both sides' to which state level anti-immigrant policies now lay siege.

Immigrants--particularly Latinos in both their specificity and generality--are seen as "other" than what some folks--from everyday citizens to those embedded in our national security apparatus--conceive of as "real Americans", or productive, law abiding members of society. Even though greater than 85% of Latinos are citizens and legal residents, we disproportionately carry the burdensome weight of being illegal as stigma.

While this existentialist belief in illegality--the core of the anti-immigrant argument--runs contrary to every academically rigorous research paper on the subject, political leaders such as Arizona Governor, Jan Brewer, relentlessly push their disingenuous vitriol onto the public sphere with abjectly false statements like:

"We cannot afford all this illegal immigration and everything that comes with it: everything from the crime and to the drugs and the kidnappings and extortion and the beheadings and the fact that people can't feel safe in their communities; it's wrong!"

The American sociologist, Erving Goffman, famously wrote, "By definition...we believe the person with a stigma is not quite human. On this assumption we exercise varieties of discrimination." The type of stigma that particularly fits us Latinos, he called a "tribal stigma" such as "race, nation, [and] religion." These, said Goffman, "can be transmitted through lineages [or entire ethnicities] and equally contaminate all members of a family."

So in the case of the contemporary immigration question, specifically Latinos--not entirely unlike the Irish, Italians and Jews in times past--have been dehumanized and demonized as undesirables, as illegals. And it isn't just those who are undocumented; we are all caricatured as "illegal criminals". Even our children, who represent roughly a full third of our population, are caste in such stigmatizing terms as anchor babies... dog food... parasites. As Elena Schlossberg cogently stated in a 2007 county board meeting, "They are talking about children! And [politicians] have not taken a leadership role to stop this!"

You see, when I think of Latinos, I think of artists and poets and proud, hard working families. I think of the people who will--quite literally--sustain the very foundations of this great nation when, in the not-so-distant future, most other demographics begin a precipitous decline.

But that intolerably pejorative term "illegal" spoils everything positive and powerful about what it means to be Latino. In the process of being labeled as illegals, we move away from the self identity as one of this nation's greatest hopes and toward the social construction of dark, dangerous and dirty criminals; criminals who do not respect U.S. culture, language or laws. Thus, using the term "illegal", which functions as a racial epithet, allows "legals" to justify passing all sorts of race-laced laws because "illegals"--criminals--destroy thriving, safe communities.

Anti-immigrant laws are inherently or structurally discriminatory precisely because their juridical constructions are directly premised, not on fact, but on the wretched foundations of negative stereotypes and stigmas. These laws go beyond the tacit encouragement of racial profiling by overtly validating the coerced removal of security threats, the definitions of which are constructed out of false ideologies of criminality.

These laws should be seen for what they are: attempts to shred the fabric of American culture. This is a state-by-state effort to chip away at the very essence of who we are as a nation. They don't simply mirror nor do they compliment federal policy. Rather, with sweeping and divisive hostility, they both impede upon the sense of justice and fairness laid out by the American Constitution's Enlightenment principles, and vis-Ć -vis stigma, they attempt to alter the definition(s) of who is and who is not American. The later represents the first material steps toward creating a pervasive "show-me-your-papers" society; a dystopic reality already being forced upon clergy and elementary school students in states like Alabama.

Indeed, Judge Bolton noted in her opinion that these laws will significantly increase "the intrusion of police presence into the lives of legally present aliens (and even United States citizens), who will necessarily be swept up" by requiring everybody to prove their status.

Not once has history rewarded societies that follow this foreshadowed path. So when the Supreme Court Justices hear this case, they truly ought to let their minds wander a bit to the imagery conjured by that notion.

And as you watch and wait for their decision, you ought to do the same.

 

Follow Leo Pierson on Twitter: www.twitter.com/@leopierson.

FOLLOW LATINO VOICES
 
 
  • Comments
  • 90
  • Pending Comments
  • 0
  • View FAQ
Comments are closed for this entry
View All
Favorites
Recency  | 
Popularity
Page: 1 2  Next ›  Last »  (2 total)
photo
HUFFPOST SUPER USER
Jim Tyson
Dyslexic and smart
09:04 AM on 04/25/2012
As some folks have commented there is NO anti-immigration movement. We the citizens of America just want the immigrat to follow a few simple rules like file for immigration, no crossing in the middle of no where carring packs of narcadics for the people "helping", no making Illegal crossers "slaves" for rent to the highest bidder while they do things illegal here. The subculture arround illegal immigration is one of harm death and inhuman treatment for the greed of their "helpers", who use them to sell there health care to the highest kickback, their housing to 15 people in a one room apt. , the "helpers" keep the illegals in a state of fear to extort money from them for YEARS, the Illegals live in abject slavery for the trafickers to exploit. So if all immegrats would just do the LEGAL immigration it would FIX both problems.
10:24 PM on 04/24/2012
Well I, for one, am encouraged that the Los Angeles Unified School District has found a way to increase the rate at which their 70% + Latino student body graduates from high school: they plan to drop the graduation requirement from passing 230 units to only 170 and a "D" will henceforth be a passing grade.

It was no surprise that when this news came out and the LA Times editorialized in support of it, numerous companies announced plans to open new facilities in the area to employ such a highly qualified workforce.
01:24 AM on 04/25/2012
laughing
photo
HUFFPOST SUPER USER
chevyliddle
what's a micro-bayou?
05:17 AM on 04/27/2012
The "dumbing down" of America. Luckily, openings for gang memberships are at an all time high and qualifications are at an all time low.
08:19 PM on 04/24/2012
Leo, someone slipped up when proofing your headline.
photo
Mr Bobo
Punk Rock Libertarian. Different. Better.
08:18 PM on 04/24/2012
Leo, this country grants somewhere in the neighborhood of one million visas annually to LEGAL immigrants and the lion's share are from south of the border (as a percentage compared to all other countries in the world). I don't think one can make a believable case that legislation designed to remove ILLEGAL immigrants is "anti-immigrant" as so many pro-ILLEGAL immigrant activists would try to convince us.

I don't believe it's possible to have an honest debate if we come straight to the table with terminology that is inherently dishonest on it's face. I understand the need to do so, but ultimately, it's intellectually dishonest.

There are many who would like to come to the United States in their lifetime, but unfortunately for them, not everyone who would like to immigrate to the US will be able to do so. If they are lucky, perhaps their children will.

So what this comes down to is that there are those in our society who are impatient and what instant gratification. Damn the rules, I want what I want when I want it. The ends justify the means. It's okay to advocate for a group, but let's be honest exactly what you're advocating for and start using the correct terminology.
photo
Mr Bobo
Punk Rock Libertarian. Different. Better.
07:28 PM on 04/24/2012
Hey, I'm not ILLEGAL, I'm undocumented! The dog ate my papers.
photo
HUFFPOST SUPER USER
chevyliddle
what's a micro-bayou?
05:19 AM on 04/27/2012
"The dog ate my papers."

We can wait. :-)
This user has chosen to opt out of the Badges program
photo
Penelope Pitstop
Glamour Gal of the Gas Pedal
09:07 AM on 04/24/2012
Hey Leo, the word you are looking for is "ILLEGAL"
03:55 AM on 04/24/2012
Undocumented aliens would suffer no agony nor bear any ill will from the American people if they simply did the right thing and went home. America is a generous and giving place but no one (not even Mexicans) likes to see their property trespassed, their home invaded and their wealth plundered. Undocumented aliens need to man up and take responsibility for their actions. That starts by going home.
12:03 AM on 04/24/2012
Since when having immigration control laws are "anti-immigration laws"? All Americans are PRO IMMIGRATION but it has to be LEGAL immigration, because we are people that follow the rules and expect everyone to do the same, especially foreigners. One of the reasons that America became a great country is because "We the People" respect the rule of law. America is a country of laws and these must be obeyed by everyone. Is this so hard to understand for some?
11:16 PM on 04/23/2012
I just helped get rid of an illegal today! I makes me feel great and more folks need to take action when they run into them illegally working here.I landed at Rome,GA and stayed overnight and had to take a cab to the hotel. Coming back to the airport this morning, I took another cab, and the driver could not speak a word of English and had no idea of where the Rome airport was. I talked to his boss on the phone and the boss could not speak English very well. I finally had to use my Spanish to get to where I needed to go because I was in a hurry.

I told the airport manager about thie problem, and told him to call the police and the city council about this problem. He said he would since he moved there from Orlando because he got tired of having nothing but Spanish being used. So I am sure he will follow up on getting this crook off the streets of Rome, GA. He did not have a drivers license since GA requires proof of legal residency, and they only give the drivers test in English. So the guy is a crook in violating Federal laws of working in the US, and breaking the laws of GA by not having a license. Of course, he had no insurance or anything else. So how many laws can illegals break before they get deported?
photo
HUFFPOST SUPER USER
BeasTT
09:49 PM on 04/23/2012
Leo,

Not to sidetrack this, I want to at least say "thank you" for commenting on this yourself.

Many writers don't bother to engage their audience, particularly those who might face scrutiny. But you have the guts to face those who disagree with you.

I appreciate that you care about this enough to comment.
This user has chosen to opt out of the Badges program
photo
inthedesert
Those who never question will fall for anything.
06:14 PM on 04/23/2012
Oh yes, the SCOTUS's decision IS going to change the future of America. This court, being extremely conservative and pro-state's rights is going to find that Arizona's law IS constitutional. And then, there will be a flood of new laws just like Arizona's from every state in the union. And this WILL be good for the future of America. America's immigration laws are not "broken", "unfair", or "unreasonable". Every nation in the world, um, including Mexico, have laws that are many times even more strict than our own. I do not understand the media shills for the illegals and their supporters that feel America owes these people an education and a move to the head of the "immigration waiting line" ahead of far more educated and literate people. YES, being an illegal immigrant DOES carry a stigma. And it should!! I'm sorry but Americans are fed up with illegals coming here from Mexico(yes, at least 60% are from Mexico)and then demanding to be immediately given the rights that other people have to wait years for. The author can rant and rave and state all kinds of statistics but the fact of the matter is, it's over for illegals in America. Just get over it.
05:40 PM on 04/23/2012
Questions for Leo:

1) Should the U.S. have the right to control who enters and resides within its borders?

2) Should we not be allowed to control who enters and resides within our borders simply because most of the people who illegally enter and reside are of a particular ethnicity?

3) Should people not be accountable to law simply because they are of the ethnicity of the vast majority of those who are in violation of that law?
photo
spytheweb
Black Democrat
03:17 PM on 04/23/2012
"we disproportionately carry the burdensome weight of being illegal as stigma."

Maybe being that 86% of illegal aliens in this country are Hispanic might have something to do with it, you think?

America has it's pick of the best, the most skilled people in the world, why should they just allow the world's welfare cases to come here and become citizens. Out of 6.5 billion people we have our pick. Allowing amnesty will swamp our nation, break down our social system, over burden us and lead to a complete breakdown and the people coming here without a invite don't care. Our laws are not anti immigration, they are anti illegal alien. You don't have a visa, go home.

These people have a country. They choose not to do much to improve it.
04:38 PM on 04/23/2012
Don't be silly, amigo. Just think of the economic windfall we'll get from the 10-15 million dishwashers and vegetable pickers!! With all the money they make, the tax revenues alone will pull our country of debt!!

And providing amnesty for millions of people who don't have an education (and don't value education) will only improve the gene pool!!

In case you haven't seen it, the movie Idiocracy outlines our future to a T.
photo
HUFFPOST BLOGGER
Leo Pierson
Writer; Researcher; Opinion Giver
05:29 PM on 04/23/2012
Clarifications: 66% of persons present without authorization are of Hispanic/Latino background. Inflating the actual percentage by twenty points doesn't make it real. Also, there are more than 7 billion people now on the planet, not 6.5. We crossed the 7 billion mark last year.

You're correct; in many ways we have our pick, and ironically our broken system undercuts our capacity to effectively do the picking. Also, what is here overlooked is that our country is not a solitary legal entity. In fact, we are juridically tied to other countries (e.g. Mexico, South Korea, Colombia, etc.) in intricate ways that do not permit us easily to extract ourselves from those linkages whenever a whim suits us. This more nuanced perspective renders the ideas of "the world's welfare cases" and "they choose..." as analytically insufficient—as if the U.S. were separate from "the rest of the world". These processes are every bit as much about us as "them". So much so that the boundaries (or borders if you will) between us and them have become increasingly blurred.

When one directly links any two economies, this erodes the economic and thus effective sovereignty of each state to the extent that the contract permits; often more so than was conceived of by the contract's authors (Congress). It may or may not be a "discontent" of citizens of either country. Regardless, political and economic interconnectedness are direct effects of that which we broadly refer to as "globalization".
HUFFPOST SUPER USER
nasknit
Freedom isn't free.
05:38 PM on 04/23/2012
The Pew Hispanic Research Center quoted 80% Hispanic, with almost 60% being from Mexico.
photo
HUFFPOST SUPER USER
BeasTT
09:43 PM on 04/23/2012
Leo,

Why do you continually use the term anti-immigrant, when it's really anti-illegal immigrant ?

Can you not attract an audience by telling the truth ?
02:47 PM on 04/23/2012
The Right's focus on undocumented aliens is simply an effort to create an "other" as a scapegoat for the Right's failed policies.
photo
spytheweb
Black Democrat
03:18 PM on 04/23/2012
All countries don't want illegal aliens.
photo
HUFFPOST SUPER USER
BeasTT
04:02 PM on 04/23/2012
They are the "other" because they came here "another" way.
photo
massjim
Dem? Repub? Is there a difference?
02:45 PM on 04/23/2012
Wrong. Latinos are not all illegals. Latinos and others that enter the country illegally are illegals. I'd be perfectly happy calling them criminals if you'd prefer.