The Problem

Immigration policies shape how immigrants and their children are integrated into the United States. Much of the immigration debate is centered on claims to “fix the immigration problem.” Conservative politicians propose enforcement policies, including mass deportations and the continued militarization of the U.S.-Mexico border as viable solutions. Importantly, these enforcement policies are concealed under a legal framework that criminalizes immigrants. While such policies are deemed “race-neutral,” they disproportionately disenfranchise immigrant communities of color. Given these consequences, it is critical to disentangle and problematize colorblind conceptions in immigration policies.

We critically examine how social policies that may seem race-neutral actually target specific racial groups. Racial implications of policies must be brought to the forefront to ensure equitable treatment under the law. In an effort to “crack down” on undocumented immigrants in the United States, two specific types of policies have been enacted: extended policing authority and birthright citizenship policies. Both have repercussions that impact specific racial groups.

Policies that extend policing authority broaden the power of immigration enforcement from migration authorities to federal and local law enforcement officials. Importantly, this historic shift adds another layer to the ways that communities of color are policed—the pipeline to deportation supplements the existing pipeline to prison. Examples of this type of law include section 287(g) of the Immigration and Nationality Act, which allows the Department of Homeland Security to deputize selected state and local law enforcement officers to perform the functions of federal immigration agents. A more explicit policy, SB1070 in Arizona, requires state and local law enforcement agencies to check the immigration status of individuals they encounter. When each of these laws move from policy to practice, they result in the racial profiling of Latinos/as and harassment based on physical appearance.

Another set of policies challenge birthright citizenship, attacking the constitutional right to citizenship for those born in the U.S. to undocumented parents. Several counties in Texas, for example, have enacted policies that impede a parent’s access to their child’s birth certificate if parents cannot present adequate documentation. These policies actively target those perceived to be from Mexico as well as their U.S.-born children. In the past, undocumented parents could present a foreign ID such as the matrícula consular card as proof of identification to obtain birth certificates for their U.S.-born children.