Implicit in this dialectic is the inclusiveness of two cognitive domains, namely, law and sociology. The following diagram, "Dialectic of Migrants' Vulnerability", depicts this social process, which implies a a socio-legal inclusiveness that arises out of a dialectical process between two legal notions of sovereignty and b the social construction of conditions of vulnerability for international migrants, who are displaced by the dynamics of the international relations arising from the globalization 11 of international markets.
This article discusses a social process conceived within the framework of the dialectical relations between two exercises of sovereignty conceptualized in a diagram. In his conclusion, the author postulates that economic globalization brings about the emergence of international standards, including those for human rights. The discrepancy between INS apprehension data and the U.
Bureau of the Census estimates of the undocumented Mexican population strongly suggests, "ethnic profiling" of Mexican nationals by the INS. Racism has been defined in such a variety of ways as to provoke confusion.
More will be said below about the synthesis, namely, integration. In effect, migrant workers, so necessary for the success of the labor-intensive U. The system functions to transfer costs to workers who are left with income so marginal that, for the most part, only newcomers and those with no other options are willing to work on our nation's farms U.
Department of Labor,p. On the other hand is a modern notion of sovereignty accepted by certain States that adhere to international human rights standards. This condition of powerlessness is analyzed in a framework of two exercises of sovereignty within the relationships that immigrants establish with the receiving society. This explains why Proposition refers to "findings," without citing their source. The second section of the article examines the contradiction between the claims of sovereignty used to justify Operation Gatekeeper and the exercise of sovereignty to commit the United States to international standards of human rights.
The bridge between the two dimensions is the passage from a norm to actual human behavior in the empirical context of social relations. Following the diagram, it is argued that such a condition of vulnerability has two dimensions, one "structural", and the other "cultural".
This implies that a visibly apparent indicators exist to show that a person might be an illegal alien; and b such a suspicion, based on certain physical features of a dating foreigners in San Diego, constitutes sufficient grounds to arrest that person. Here, this process consists of two opposite exercises of sovereignty, each with different objectives and opposed to each other as a thesis opposes an antithesis, and out of which a synthesis emerges.
The Department of Labor report cited above appeared in May That publication date is noteworthy, since it means that the study was available to those who drafted the text of Proposition Section 1, "Findings and Declarations", of Proposition re:. In both cases, the implication is to define the frontier between the essential inner and outer components of a nation. This article examines the vulnerability of immigrants as subjects of human rights.
In the past, as human societies have confronted problems of power and authority, the source or locus of authority has moved from God, to the State, to the people. When the law of the land establishes that a public official can use the a priori assumption that there is "reasonable suspicion" that a person is an "illegal alien" as a basis for the obligation to report such an encounter to the police, that law is "institutionalizing" several exclusionary consequences on the basis of racial appearance. Under these social conditions, the clearest a priori indicator of an "apparent" illegal immigration status is skin color Almaguer,p.
The basic thrust of this article is that a social process exists that in a condition of vulnerability 10 for international migrants as subjects of human rights.
These two exercises of sovereignty A and B depicted in the diagram as dialectically opposed, become interrelated in the practice of international relations arising from the phenomenon of globalization. It begins from the illustration of one dimension of these dialectical relations in the contradiction between the stated objectives of "Proposition " and the reality in California, as research findings describe it. An elaboration of this point is ahead, where police racial profiling and hate crimes are discussed.
Thus far, this article has attempted to establish that international migrant-foreigners are likely to be in a condition of subordination in the host society, which renders them powerless and le to their vulnerability.
Proposition A Case of Institutional Racism. In order to call a perception "biased", one has to provide some objective basis to define an "unbiased" perception. It involves the interrelationship of economics, law, and society. As Robert Miles amply discusses, this distinction is implicit at the origin of all kinds of discriminatory practices against foreigners as such, at the personal, group, and institutional level.
In the social construction of the profiling of a Mexican, skin color is undoubtedly the most salient indicator.
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This is achieved primarily by promoting the profiling of "illegal aliens" based on their "look" as Mexicans. Most democratic nations have these rights written in their constitutions. Those "findings", quoted below, take the anti-immigrant prejudice of California voters for granted. One is of a legal or normative nature and the other of a social nature. Here the diagram's distinction between "structural" and "cultural" becomes relevant to the discussion.
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At their origin in medieval times under the doctrine of Christian unity, the concepts of "sovereignty" and "sovereign" were one and the same, except for the semantic distinction between an attribute and the subject of its enactment. This exercise of sovereignty A becomes dialectically opposed to another exercise of the same legal nature B that makes a socio-legal distinction between nationals, on the one hand, and immigrants as foreigners, on the other. United States. This article accepts the definition of Robert Miles, which understands it as both an ideology and a practice.
According to the New York Law Journal, the official ballot argument described Proposition as "the first giant stride in ultimately ending the illegal alien invasion" Mailman, On December 14, U. District Judge Mariana R. Pfaelzer of the Central District of California issued a decision to block the implementation of the law until trial.
The diagram assumes such inclusiveness in alluding to a social process in which the main actors are those defined, constitutionally, as nationals and, legally and socially, as foreigners or immigrants. The subordinate position in which the foreigner-immigrant finds himself or herself in the host society is not an act of nature.
Its main objective was "to prevent illegal aliens in the United States from receiving benefits or public services in the State of California" 1 and to establish mechanisms aimed at the removal of all undocumented immigrants from California. The discrepancy between the INS apprehension dating foreigners in San Diego over 90 percent of those apprehended are Mexican and the U. Bureau of the Census estimate slightly more than 50 percent of all undocumented immigrants from all countries are Mexican le one to believe that skin color is the most likely feature that makes people in California "reasonably suspect" who is and who is not Mexican.
Inthe same court declared Proposition unconstitutional because, basically, its violation of the "supremacy clause", invaded the jurisdiction of federal immigration laws. Keywords: 1. That they have suffered and are suffering personal injury and damage caused by the criminal conduct of illegal aliens in this State. Estados Unidos. This process begins when a country, exercising its sovereignty, duly commits itself to adopting an international standard of human rights and remakes that standard constitutionally into a law of the land.
The validity of such an assumption does not remove its prejudicial nature, since people virtually equate "looking Mexican" with being an "illegal alien". The main feature of this inclusiveness is the dialectical dynamic, energized by the international relations of globalization.
This process le to the gradual disappearance of immigrants' condition of vulnerability and their integration, under equal status with nationals, in respect to the State and the law, including the right to vote in local elections. Palabras clave: 1. Mexico, 5. The People of California find and declare as follows: That they have suffered and are suffering economic hardships caused by the presence of illegal aliens in this State.
If any public entity in this state to whom a person has applied for public social services determines or reasonably suspects In California, where Immigration and Naturalization Service INS statistics show 5 that, for decades, more than 90 percent of apprehensions have been of Mexican nationals, the term "illegal alien" is socially synonymous with Mexican Romo,pp. The theoretical framework within which the socio-legal inclusiveness implied in the diagram should be understood is a dialectical process.
The article focuses on the debate about Proposition and the implementation of Operation Gatekeeper in the experience of Mexican immigrants in the United States. The definition of sovereignty 14 has been based chronologically on the three sources.
The concluding remarks of a U. Department of Labor research report serve that purpose:. The paragraph quoted above from the U. Department of Labor Report illustrates structural vulnerability. This explains why there is such an enormous difference between INS apprehension statistics and the U. Bureau of the Census estimates.
A further elaboration of the dialectical contradiction between A and B includes the notion that all nation-states have the sovereign right to define who is a national and who is a foreigner, as well as the sovereign right to control their borders. This impact is so positive that the Department of Labor calls it a subsidy to the U.
Notably, the Department of Labor study reports that 94 percent of the migrant farmworkers included in its research study were Mexican nationals The report's conclusion completely contradicts the "findings", that proponents used to justify Proposition to the voters of California.
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It is argued here that this constitutes racism. In that context, the vulnerability of international migrants becomes the focus of a contradiction between A a classical notion of the sovereign rights of nations to define who is a national and who is not, and to control immigration by controlling their borders this is further elaborated toward the end of the article ; and B a modern notion of sovereignty susceptible to self-controls through a state's sovereign decision to adhere to international standards of human rights.
This fits into what Howard S. Becker called "labeling" 8 of people as "deviants", the "label" being applied in this case to a whole ethnic minority in California, distinguishable as Mexicans, due to the color of their skin, and thus under suspicion of being illegal aliens. The Dialectics of the Vulnerability of International Migrants.
The diagram above starts from the Hegelian notion of a dialectic process. The most relevant point of this conclusive statement is the U. Department of Labor's acknowledgment of the positive impact of the presence of migrant workers in the United States. Proposition appeared on the ballot for the gubernatorial elections in California on November 8, The voters approved it by close to two-thirds of the total ballots cast.
As a practice, racism is the enactment of that criterion of exclusion. The court's main argument about the proposition's unconstitutionality, namely, its violation of the "supremacy clause", has marked the public debate on Proposition This article argues that Proposition was based on biased perceptions, tainted by racist and xenophobic ideologies, and that its basic provisions represent instances of "institutional racism" 3 against people of Mexican origin, identified as such by the color of their skin.
It is argued here that Proposition turned persons who "look Mexican" because of the color of their skin into potential victims of racial discrimination.