UC Irvine

Immigration law and enforcement choices have enhanced the salience of Latino racial identity in the United States. Yet, to date, courts and administrative agencies have proven remarkably reluctant to confront head on the role of race in immigration enforcement practices. Courts improperly conflate legal nationality and ʼnational origin’, thereby cloaking in legality impermissible profiling based on national origin. Courts also maintain the primacy of purported security concerns over the equal protection concerns raised by racial profiling in routine immigration enforcement activities. This, in turn, promotes racially motivated policing practices, reifying both racial distinctions and racial discrimination. Drawing on textual analysis of judicial decisions as well as on interviews with immigrants and immigrant justice organization staff in California, this chapter illustrates how courts contribute to racialized immigration enforcement practices, and explores how those practices affect individual immigrants’ articulation of racial identity and their perceptions of race and racial hierarchy in their communities.