Essay On Latino Appearance

994 Words2 Pages

III. DECONSTRUCTING THE LATINO APPEARANCE STANDARD
The Court’s reliance on facial appearance is misguided because there is no such thing as a Latino appearance. The appearance standard is distorting the identity of the Latino community by conceptualizing it as one monolithic entity. These conflations of identity ignore the diversity of the Latino community. The idea that Latinos are all dark skinned and undocumented is just a social construction and is not reality. The Latino community is highly heterogeneous in facial and skin appearance because of a long history of racial intermixing. Latino facial appearance varies considerably and runs the gamut from having light to dark: skin, eye color, and hair color. Socially there are vast differences in the community in language and citizenship status. The flawed stereotypes about Latinos affect both those who appear Latino and Latinos who are lawfully in the country.
A. How the Standard Distorts the Identity of the Latino Community?

The Latino community is not a monolith and to endorse the idea that there is a Latino

appearance is to distort the cultural diversity of the community. Aside from the obvious facial differences, there are also significant linguistic and historical differences in the Latino community. The community is so heterogeneous that the idea that government agents can detect a Latino appearance is highly problematic on its face. Even the terms Latino and Hispanic are problematic as they refer to an ethnic and not a racial group. Latinos are conceptualized as a distinct race when they are more of an ethnic group. However, the Brignoni-Ponce line of cases is treating Latinos as if they were a distinct racial group with a specific facial appearance....

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...nned Latinos because they readily fit the social caricature of what Latinos are supposed to look like. In Brignoni-Ponce and Martinez-Fuerte the Court performed a balancing test where it determined that the intrusion to an individual’s rights in an immigration stop was minor compared to the pressing governmental interest of border enforcement. However, the Court ignored the stigmatizing effect of the ruling on Latinos. The media bombards the culture at large with depictions of Latinos as undocumented immigrants. Brignoni-Ponce reinforces these depictions by making Latinos presumptively guilty of being in the country illegally. Citizens are subjected to undue scrutiny because the court is reinforcing the negative cultural association between Latino identity and criminality. It is unjust to impose these undue burdens on a population that is vastly law abiding.

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