About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

12 Geo. J. L. & Mod. Critical Race Persp. 17 (2020)
The Racialization of Crimes Involving Moral Turpitude

handle is hein.journals/gjmodco12 and id is 20 raw text is: NOTES The Racialization of Crimes Involving Moral Turpitude ELIJAH T. STAGGERS* TABLE OF CONTENTS INTRODUCTION ........... ........................................... 18 I. DEFINING THE PHRASE CRIME INVOLVING MORAL TURPITUDE . . . . . . 20 A. The Original White Supremacist Trope of Race-Based Morality: The N egro Rascal ................................... .. 20 B. Presumptions of Race-Based Morality in the Immigration Act of 1917............................................. 23 1. Race-Based Morality Shifted During the Progressive Era to Target Non-Anglo-Saxon European Immigrants ........ 23 2. Congress Placed the Crime Involving Moral Turpitude Section into the Immigration Act of 1917 to Exclude Eastern and Southern European Races..................... .. 24 II. THE BOARD OF IMMIGRATION APPEALS' DEFINITION OF CRIME INVOLVING MORAL TURPITUDE IMPROPERLY RELIES ON SHIFTING SOCIETAL VIEWS. . 25 III. EXPOSING THE FLAWS OF THE GOVERNMENT'S ARGUMENT THAT CRIMINAL STREET GANG ACTIVITY IS A CRIME INVOLVING MORAL TURPITUDE . . . 27 A. Hernandez-Gonzalez v. Holder Rejected on Race-Neutral Terms an Issue with Clear Racial Implications ..................... ... 27 B. Condemnation ofLatinness: Creating the MS-13 Animal ...... 29 C. The Latinx Subjugated Knowledge: How U.S. Colonialism Bears Moral Responsibility For Creating Latinx Street Gangs .......... 31 1. The United State as a White Settler Imperialist Machine .. 32 2. White Settler Colonialism Prompted Westward Expansion and Caused the Displacement and Subjugation of Mexican N atives..................................... .. 33 3. The United States' Military and Economic Influence Caused Mass Migration of Latinx Groups to the United States . .. 35 * Editor in Chief, GEO. J. L. & MOD. GRIT. RACE PERS. (Vol. 11); J.D., Georgetown University Law Center (2019); M.A., Georgetown University (2016); B.A., University of Georgia (2014). Special thanks to my mentor, Professor Sherally Munshi, for giving me the courage to write this piece and for guiding me along the way. © 2020, Elijah T. Staggers. 17

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most