Texas Mexicans and the Politics of Whiteness

Abstract

These two fascinating articles seek to fill an important lacuna in the burgeoning literature on the legal construction of whiteness. While LatCrit theorists in the legal academy have urged civil rights scholars and race critics to transcend the “black-white paradigm” of U.S. race studies, the majority of legal histories of whiteness have focused on two sets of cases: trials in the southeastern United States in which local courts tried to draw the line between “white” and “negro”; and cases about immigration and naturalization in which Federal courts determined whether particular foreign immigrants were suitably “white” for citizenship. Likewise, although there have been several important social and cultural histories of Texas Mexicans and whiteness in the last fifteen years, they have not considered the legal realm. The time is ripe for attention to the legal history of Mexican Americans' civil rights struggles in Texas, especially as they illuminate the shifting racial identity of Mexican Americans in the Southwest.

Racial Identity and Racial Treatment of Mexican Americans

“…Today, many political elites position themselves as Hispanic and White (Haney-Lopez, 2003) while many academics, legal scholars, and activists position themselves as Chicano or Latino and non-white (Delgado, 2004). Among the general population, Mexican is often used as a response to the question “what is your race?” (Gross, 2003), thus reflecting a popular understanding that Mexican is a racial category distinct from Whites, Blacks, or Asians.…”

“…This reinforced European ancestry in responses about group membership and a distancing from indigenous heritage. Up to the 1960s, Mexican American leaders, such as those in the League of United Latin American Citizens (LULAC), emphasized the Spanish/European/White heritage of Mexican Americans, in attempts to secure rights as first class citizens and despite their treatment as non-white in American society (Gross, 2003; Haney-Lopez, 2006). …”

“…In response to protests from the Mexican government and LULAC about using Mexican as a racial category, the Census Bureau changed the official designation of Mexicans to White (Gross, 2003; Hochschild & Powell 2008). Consequently, the 1940 and 1950 census provided the following instructions to enumerators: “Mexicans are to be regarded as white unless definitely of Indian or other nonwhite race.” 3 This clearly shows the shift from Mexican as a race to Mexicans as White .…”

“…Courts did allow the segregation of Mexicans due to language or migrant status. In the post civil rights era, Mexicans were used as the non-Blacks that integrated schools for Black children (Gross, 2003; Mechaca, 1995)). Eventually Mexicans moved from being considered White to brown, probably due to both legal and social changes although it is difficult to tell which of these occurred first (Gross, 2003).…”

Latina/o or Mexicana/o? The Relationship between Socially Assigned Race and Experiences with Discrimination

“…In 1930, the U.S. Bureau of the Census added the category of “Mexican” as part of the range of racial categories (Gross 2003; Rodriquez 2000). At that time in history, it was perceived that all Mexican laborers were of mixed race.…”