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28 Geo. Immigr. L.J. 477 (2013-2014)
Another Sort of Wall-Building: How Crimmigration Affects Latino Perceptions of Immigration Law

handle is hein.journals/geoimlj28 and id is 493 raw text is: ANOTHER SORT OF WALL-BUILDING: HOW CRIMMIGRATION AFFECTS LATINO PERCEPTIONS OF IMMIGRATION LAW RODOLFO D. SAENZ* ABSTRACT The increased criminalization of immigration law has resulted in a number of problems that directly affect Latinos. For example, Latinos currently account for the vast majority of individuals detained in immigration deten- tion and removed from the country. Furthermore, Latinos are the largest racial group sentenced to federal prison, and immigration offenses are the most commonly prosecuted federal crime. Aside from this over-representa- tion, Latinos have also witnessed the use of racial rhetoric by policymakers and law enforcement in support of new immigration policies (e.g., California Prop 187 and Arizona S.B. 1070) that criminalize undocumented persons. This note will utilize a synthesis of compliance theory and the concept of racial microaggressions to argue that the above problems negatively impact Latino perceptions of immigration law. Specifically, this note will explain how racial macroaggressions that occur during policy formation and as a result of policy implementation have impeded Latinos'sense of belonging, an important antecedent to compliance with immigration law. The result is a feedback loop: Latinos are then perceived as having a higher propensity to violate immigration law, which in turn drives even more aggressive immigra- tion enforcement policies and more extreme and perverse racial macroaggres- sions. Finally, this note will explain a potential reform policy intended to address these concerns: a new temporary work visa program that will likely begin to foster a greater sense of belonging among Latinos and encourage greater compliance with immigration law. TABLE OF CONTENTS I. INTRODUCTION: LATINO PERCEPTIONS MATTER ................. 479 II. A SYNTHESIS OF LEGITIMACY THEORY & RACIAL MICROAGGRES- SIONS .......................................... 482 * B.A., Georgetown University, 2010; Georgetown University Law Center, J.D. expected 2015. Executive Editor, GEORGETOWN IMMIGRATION LAW JOURNAL. I am especially grateful to Professor Allegra McLeod for her helpful feedback and suggestions during the completion of this note. I would also like to thank my parents for their constant support and thoughtful input. Q 2014, Rodolfo D. Saenz.

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