This paper analyzes the U.S. Supreme Court’s decision in Padilla v. Kentucky, wherein it addressed ineffective-assistance-of-counsel claims brought forth by a lawful immigrant. It goes on to examine ensuing applications of the Padilla decision by Federal Circuit Courts in United States v. Orocio and United States v. Chaidez. In Padilla v. Kentucky the Court held that legal counsel must advise immigrants facing legal charges of the risk of deportation. The Circuit Courts provided contradictory interpretations about whether or not the Padilla decision should be applied retroactively. The paper goes on to point out that most immigration matters are decided by immigration judges and the Board of Immigration Appeals (BIA). It further holds that since federal judges and state courts have little experience adjudicating immigration matters, the action of determining whether an attorney has rendered effective counsel concerning immigration matters become even more difficult. The paper contends that regardless of the various interpretations of the Padilla decision by the Circuit Courts, changes at the local, state, and Federal levels are needed to ensure that the Sixth Amendment rights of those with immigration statuses are protected.
Using data from the 2007–2009 Annual Social and Economic (ASEC) supplement of the Current Population Surveys (CPS), this study explores the relationship between poverty and the health of children from various racial/ethnic minority and immigrant families in the Midwest. Findings show that: (1) Racial/ethnic minority children experience poorer health than Non-Hispanic White children; (2) Increased poverty among children predicts poorer children’s health; and (3) Immigrant children have poorer health than natives, and second-generation immigrant children have poorer health than first- and third-generation immigrant children. This study demonstrates the health disadvantages of Midwestern children from racial/ethnic minority families faced by poverty. The gap in children’s health between Non-Hispanic White and minority children persists even after accounting for the effects of immigrant status, poverty, family structure, parental education, health insurance coverage, and metropolitan/nonmetropolitan residence. Improving the economic well-being of all racial/ethnic minority and immigrant families would improve children’s health.
Elinor R. Jordan
When formulating farm and immigration policy for the nation, it is vital that lawmakers consider the long-term consequences of the programs they put into place. The H-2A visa program has served to bring numerous temporary workers to the United States to work in agricultureâ€”but at what cost? This article chronicles the experiences of many farmworker advocates regarding a pattern of exclusion of U.S. workers by employers, who seemingly prefer H-2A workers. The article further argues that, particularly in states like Michigan, where a large percentage of seasonal farmworkers travel with their families, over-utilization of the H-2A program could undercut efforts to improve labor conditions and strengthen the fabric of farm communities.
Dionicio Nodin Valdes
Failure of academics to recognize a distant Mexican past and current Mexican presence outside the Southwest has been the result not simply of neglect, but also the racial biases that inform the paradigms of dominant knowledge, and have broad implications. Notions like region and border exist in historically specific and often highly political contexts...
M.T. Tatto, V. Lundstrom-Ndibongo, B.E. Newman, S.E. Nogle, L.K. Sarroub, & J.M. Weiler
The present report originated in a MSU policy analysis class taught during 1996. The professor and students agreed to construct a class that represented a grounded experience in policy analysis touching upon a current and relevant issue. We began exploring the policies surrounding the education of migrant children in Michigan. Our goal was to learn about the policies related to the of education of migrant workers' children and to develop an understanding of the issue's complexities. We knew our work would be limited by time, financial, and political constraints. These constraints limited our work to an exploratory inquiry supported by literature reviews and informational interviews with key individuals in selected Michigan sites. We chose this "invisible" policy issue for several reasons. Migrant education offered us the opportunity to examine current reform tendencies to provide access to quality education for all children, the preparation of teachers to support select populations, the organization of schools to accommodate these children in response to vague policy mandates, and power issues affecting the different constituencies and stakeholders. Thanks to the support of the Julian Samora Research Institute, the Michigan Department of Education, and various individuals, we held face-to-face interviews with policymakers, teachers, and migrant children and their families.
Despite U. S. government efforts to provide healthcare services to migrant workers, this sector of American society continues to experience problems accessing the healthcare system (Sakala, 1987). High mobility, overcrowded living conditions, demanding work schedules, low income and low educational attainment, discrimination, language, and cultural barriers generally play important roles in migrant workers’ health status and health service utilization (Commission on Civil Rights, 1977; 1978; 1983).
Armando A. Arias, Jr.
The author suggests how one acdemic institution, California State University, Monterey Bay (CSUMB) is planning for a distributed learning and distance education program, utilizing the latest technologies and innovative pedagogy to meet the needs of all underrepresented and under-served students. This need is especially high for the Latino/a population of the Salinas Valley, where some of the poorest Latino populations in the nation can be found. The university's students, faculty, and staff represent a geographically and culturally diverse group of people, whose richness is mirrored in CSUMB's commitment to the establishment of a multilingual, multicultural, and intellectual community.
Linda M. Hunt
An earliery version of this paper was presented at the Annual Meetings of the American Anthropological Association, Washington, D.C. in November, 1997. Recent research designed to explain differences in health and illness among ethnic minorities often focuses on cultural influences on behavior and lifestyles, viewing individual behavioral choices as based on cultural beliefs and traditions. Commonly, ethnic culture is operationalized and measured as "level of acculturation," which is then correlated with various health outcomes. In this paper, the conceptual basis of "acculturation" in health research is examined. It is argued that the notion of culture is poorly articulated in this research, relying instead on "common-sense" ideas about the origins of valued and disvalued ideas and behaviors. As a result, acculturation health research is driven by a priori evaluative assumptions about the sources of rational and irrational behaviors. While failing to explicitly define ethnic and "mainstream" culture. ethnic culture is implicitly concieved as foreign, exotic, and antithetical to rationality; at the same time "mainstream" culture is viewed as its opposite. The model is rife with historical and conceptual difficulties. It is derived from folk wisdom about rationality and progress, which is galvanized in the ostensibly scientific construct of "acculturation."
Robert A. Ibarra
The advent of Internet and distant learning technology is transforming higher education at a rapid pace. Over the last decade, there has been a phenomenal growth of non-traditional institutions providing degree programs to career-track learners. The 1993-94 Peterson's Guide listed only 93 "cyberschools." Peterson's 1997 Distance Learning Guide included over 760 and the numbers are increasing annually. With population growth rates projected to explode for many Latino populations in this country, what impact do these "virtual" institutions have on higher education and how does this affect ethnic diversity? Capping a 3-year national study of Latinos and Latinas in graduate education and beyond, the author further interviewed Latino students and faculty at Walden University, an accredited, distributed learning graduate school, and found cultural patterns that could radically change higher education. Attracting career-bound practitioner scholars, Walden achieves high minority enrollments (around 37%) and significant diversity in doctoral production, unaided by either minority recruitment or retention programs. Despite the current state of Low Context (limited personal contact) learning technology, Walden generates a High Context (student-oriented, multimedia) learning-centered culture which fosters a very interactive Internet community that is reshaping traditional methods of graduate education. Findings comparing Walden University with traditional resident institutions suggest that differences in organizational cultures and context hold important clues for explaining patterns of attraction and rejection among ethnic groups in academia. These cultural patterns offer new strategies for reframing the current model for enhancing diversity and attracting Latinos to higher education.
Harry P. Pachon, Elsa E. Macias, &Paula Y. Bagasao
This paper was presented at the conference "Latinos, the Internet, and the Telecommunications Revolution," sponsored by The Julian Samora Research Institute, in conjunction with the College of Social Science at Michigan State University, Tuesday, April 27, 1999.
Jose Angel Gutierrez & Rebecca E. Deen
This article analyzes the election of Chicanas to public office in Texas since the Chicano Movement and discusses the factors that promote and impede their election and performance in office. Ethnographic interviews were used to gather data on the experiences of Chicana candidates for County Judge in Texas. These findings are set in the larger context of women in politics. While gains have been made by Chicanas in all local elective offices, some positions remain elusive and electoral parity has not been reached. In addition to electoral barriers, Chicanas face impediments to office holding, once the election is won. Gender discrimination is not the major factor in gaining public office, rather once in office the internal competition and conflict with male officeholders presents formidable obstacles for re-election and tenure.
Yolanda Rodríguez Ingle
Recent information points to the fact that there is a critical shortage of skilled technology workers in the United States. A Virginia Polytechnic Institute study found an astounding 346,000 unfilled positions across the country. The U.S. Department of Labor projects that more than a million new high-tech workers will be needed between now and the year 2006. It is a predicament that holds dire implications for the American economy, but also offers bright opportunities for people interested in high tech careers (Fletcher, 1998).
Since the Chicano/a cultural renaissance of the 1960's and 1970's, the Midwestern United States has emerged as a geographical reality in Chicano/a literature, sometimes merely as a common destination for Chicano/as seeking work, but more and more often as a site of vibrant Chicano/a communities. This paper examines the divergent perspectives and attitudes in this literature toward the Midwest, and toward Chicano/as and Mexicans who have made their homes there. The first section examines texts by Pat Mora, Alicia Gaspar de Alba, and Wendell Mayo, focusing on the ways in which these texts offer the Southwest as the true Chicano/a homeland and suggest that the experience of Chicano/as in the Midwest is one of exile and isolation. The second part of this paper discusses texts by Tomás Rivera, Ana Castillo, Sandra Cisneros, and Hugo Mart°nez-Serros, and explores representations of transnational and heterogenous communities of Chicano/as and Mexicans in the Midwest. This analysis reveals the limitations of a conception of Aztlán narrowly associated with the Southwest, and suggests that the complexities of Chicano/a identity demand greater attention to the diversity of regions in which Chicano/as live and work.
This paper attempts to provide a century long overview of U.S. immigration policy. Rooted in research conducted at the Presidential libraries the article seeks to explain the motivations behind the dramatic changes in U.S. immigration policy in 1965. The article argues that, even today, the Congressional debate is propelled by the National Origins legislation of 1924.
Peter L. Stenberg
A debate is taking place in the country about the universal service provision of modern telecommunications services. The debate revolves around two questions. First, if many communities, and significant segments of the population, are not able to participate fully in the modern Information Age will it result in their impoverishment? Second, if there is too great a policy and regulatory intrusion in the market place will that cause significant misallocation of resources causing the entire society to be impoverished? It is a debate with a mixture of facts and some conjecture. The purpose here is to bring forth the basic telecommunication facts, as we currently know them, relative to rural and Latino communities.
Almost 40 years ago, from September 1967 through September 1969, I was a doctoral candidate in Agricultural Economics at Michigan State University. As a Chicano from California, I missed my family and relationships with raza. In 1969 I decided to step out of the academic groove and enlisted as a volunteer with Michigan Educational Opportunity Program, a derivative of the federally-funded programs of the Office of Educational Opportunity. My “mentor” and supervisor was Ubaldo Patino. The “notes” which follow are from my daily log. They record the actual names and places of my job. I leave this information intact, primarily because some of the people — like Mr. Patino — deserve to be remembered for their dedication and service to migrant workers in Michigan.
When he wrote the passage above to his wife, Josefa Moreno, Pablo de la Guerra probably did not expect that more than a century later historians would be mulling over the more personal and earthly realities of his much celebrated public life. A politician whose career spanned the Mexican and Euroamerican periods in Alta, Calif., he is the subject of a number of articles and one dissertation. Most of these studies deal with his civic contributions and those of the de la Guerra family. Indeed, de la Guerra’s letters to Josefa Moreno de la Guerra provide a rare window through which one can explore the microcosm of family, gender, and generational relations within the context of political, economic, and cultural turbulence, which followed the American conquest and annexation of California. Because of his role as a statesman, Pablo was an absentee husband, father, and businessman who heavily relied on Josefa in order to complete his socially constructed and expected duties as a patriarch.
Racism resembles bacteria. It has an uncanny ability to resist cures. Like bacteria, racism includes variants with unusual traits which have the ability to withstand an antibiotic attack on a microbe. For the moment the drug or laws kill the defenseless bacteria, “leaving behind — or ‘selecting,’ in biological terms — those that can resist it. These renegade bacteria then multiply, increasing their numbers a millionfold in a day, becoming the predominant microorganism.” My point is that we once believed that racism had been defined and that we were on our way to eradicate this ugly social disease only to find it active and well, but in another form.
In this paper, I analyze the biases in academe concerning what is and is not "legitimate" and "rigorous" scholarship. I look at how these biases interact with decision-making power in such a way as to place relative newcomers to the scholarly scene and their research into a traditionally ascriptive secondary role. I analyze the social status of one of these newcomer groups to academe: the so-called "minority" scholar. More specifically, I look at the case of the Chicano/Latino scholar. I argue that the racial/ethnic factor seems to interact with another pervasive source of division among scholars. This is the tension in academe between "doing research" for research's sake and the more applied aspect of academics. This brings into play larger questions about political commitment, partisanship, and advocacy, as well as the tensions between objectivity and the presumed attendant "social detachment" and subjectivity and the equally presumed lack of this social distance. These interrelated issues are areas which not only merit study, but which have been grossly neglected; a fact not all that unrelated to the racism, biases, and distribution of power in academic decision-making in general, nor to the differential social ascriptions in academe based on these. Race and ethnicity operate as the basis for social placement in equal employment opportunity generally (Braddock and McPartland, 1986; Burstein, 1985; Alvarez et al., 1979), as well as in academe specifically, and as the criteria for placement in the lower segments or strata across and within academic departments (Rochín and de la Torre, 1986; Wingfield, 1982; Piliawsky, 1982; Myers, 1977; Rafky, 1972). Thus, racism often seems to raise the possibility of racial/ethnic minorities becoming suspect as scholars.
Carlos Vélez-Ibáñez’s paper, “An Anthropological Perspective: Borders, Transnationalism, Locality and Identity,” presented some of the recent contributions that Chicanos have made to anthropology and the social sciences in general. A decade earlier, Renato Rosaldo (1985) did the same in an extensive review of the literature that examined the research directions and writings of Chicano anthropologists. Their quest to be heard and considered as major contributors, as Rosaldo (1985) documented, was long and difficult. Mainstream anthropology, mainly involved with developing and strengthening theories on culture and human behavior, was slow to recognize the research of Chicanos. Their concern was introducing and advancing theories and methodologies useful to the study of applied issues confronting many Latino communities across the country, such as health care, poverty, ethnic strife and racism, and work and exploitation.
Sketchy historical records show the existence of a handful of Latino artists in the United States at the turn of the century. During the 1920's, 30's, and 40's, times of national prosperity and growth as well as economic depression, Latino artists increased across the country, including Michigan and the Midwest in general. Limited records show artists of Latino or Latin American origins producing visual expressions diverse in style and theme, representing folk art to mainstream influences. These artists reflected and portrayed their immediate environment as well as the broader American society. Their openness to multiple influences has continued to allow Latinos to respond to trends in American art in a unique way, further enriching the concept of artistic and cultural diversity in Latino art. In the modern period, some Latino artists participated in the federal mural painting projects in the United States. These public art projects were directly influenced by the Mexican mural movement of the 1920's and 30's, both ideologically and aesthetically. In Michigan, despite general interest in Diego Rivera's Detroit Industry fresco cycle (1932-1933) at the Detroit Institute of Arts, Latino art generally speaking, featured less social commentary and more individual expression that encompassed a panorama of styles and aesthetics. Many Latino artists did not refer to elements of their own culture in their work, but instead leaned toward mainstream art in search of personal meaning. Among mainstream artists working in Michigan, Cuban-born Carlos Lopez (1908 - 1953) was one of the most recognized modern painters in the United States. During his lifetime, he received many prestigious awards and commissions. An academically trained landscape and portrait painter, Lopez serves as a vital historical link connecting American modern art in Michigan with a new Latino history of the state. As one of only several Michigan artists, Latino or otherwise, who received federal mural commissions, Lopez also made important contributions to the development of American mural art through his historical murals in Michigan and Illinois. The work of Lopez offers insight into the cultural history of the Latino presence in Michigan, as well as giving us a unique view of popular culture in the United States. For 20 years Lopez played an influential role in the artistic life of Ann Arbor and Detroit as a hardworking art teacher, productive artist, and dedicated American, but today he still remains for the general public a shadowy figure in Michigan history.
J. Manuel Casas, Michelle Wood, María J. Alvarez, & Michael J. Furlong
The comparability of risk factors, clinical outcomes, and services were examined with regard to Hispanic and non-Hispanic White youths participating in a managed system of care for youths experiencing emotional and/or behavioral disturbances for at least six months. Intra-and inter-group differences were documented in the context of two distinct outcome groups: (1) Improvers - whose behavioral indices were rated within the clinical range at intake and then improved (to below the clinical range) after six months in the system of care; and (2) Deprovers - whose behavioral indices were rated below clinical range at intake and then deteriorated (to within clinical range) after six months in the system of care. The services delivered to the youths in these outcome groups by ethnicity are presented. The impact that various types of services may have had on the youths' internalizing and/or externalizing problems is discussed. Differences between the services received by the ethnic groups may provide evidence about what works in a system of care and how to serve these youths in a more culturally competent manner.
George A. Martinez
Critical race theorists have sought to provide counter accounts of social reality. In particular, they have sought to create new, oppositionist accounts of race. In this regard, critical race theory has evolved into several projects. One project has sought to uncover how law is a constitutive element of race itself. Put another way, this project has sought to identify how law constructed race. Another important project has focused on the way “Whiteness” functions as a social organizing principle. Thus, critical theorists have begun to examine how the privilege of being White works in our society.
A brief sojourn in the development of anthropology conducted by Chicano/a anthropologists in the United States suggests that the currents in transnational and postmodern analysis presently in vogue in anthropology were anticipated by equivalent theoretical and methodological positions held by many of us who had been involved in Chicano Studies. As well, new institutional forms have been inaugurated in anthropology as a direct and indirect result of the experience of participating in and managing Chicano Studies programs and centers. Many of us simultaneously participated in Chicano Studies departments and engaged in graduate programs in anthropology in the late 60's and early 70's. For many of us in California, including Roberto Alvarez, Jose Cuellar, Diego Vigil, Steve Arvizu, Paul Espinosa, Margarita Melville, and myself, our experience teaching the incipient courses in Chicano Studies led us to cross into then non-Chicano territory in place and theory. Cuellar and Vigil worked as ethnographers in Guatemala; Alvarez traced the emergence of Mexicans from lower California to Lemon Grove, Calif.; Arvizu and others were among the first to offer a serious theoretical critique of anthropology in Decolonizing Anthropology (1978), simultaneous to Melville's well recalled patterns of domination in Guatemala. All impacted our rendition of a different kind of anthropology and Chicano Studies. I initially began my work in urban Mexico seeking answers to questions initiated by Chicano Studies. In fact, what is particular to all of this cohort of incipient anthropologists is their experience and engagement in multinational ethnography, processes and analysis, and a "critical cultural" stance from which to engage theory and substantive data and ethnography.
It has become apparent to many scholars of Chicana/o History that the explosive growth and diversification in research and interpretation now requires the community to pause and evaluate where the field has been, and where it might go in the future.1 Thus, the conference "Towards a New Chicana/o History," held at Michigan State University, April 22-23, 1996, was organized at a timely juncture, and at a particularly exciting moment in terms of observing Chicana/o History. As a relatively new field - established less than two generations ago - Chicana/o History constitutes a living laboratory dedicated to the formation of a new academic discipline, born out of a social and political movement with which it remains closely intertwined. For historians who are interested in the writing of history and the forces which affect it - that which we call historiography - the evolution of Chicana/o History offers the opportunity to observe in the making a process of intellectualization that historiographers traditionally have had to extract from documents after the fact, after the writers of a particular history are dead."