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UCLA Law Review Trump's Latinx Repatriation U.C.L.A. Law Review Trump’s Latinx Repatriation Kevin R. Johnson ABSTRACT Two historical episodes have indelibly influenced the development of Latinx identity and sense of belonging in the United States. During the Great Depression, state and local governments, with the support of the U.S. government, repatriated approximately one million persons of Mexican ancestry, including many U.S. citizen children and immigrant parents, to Mexico. Similarly, in 1954, the U.S. government launched Operation Wetback, a military-style campaign led by a retired general that removed another one million persons of Mexican ancestry, including many U.S. citizen children, from the southwest. History rightly condemns these episodes of anti-Mexican intolerance, which both amount to forms of ethnic cleansing. Nonetheless, we may be seeing history repeat itself with even greater harm inflicted on larger numbers of Latinx peoples. Through breathtaking and unprecedented changes to immigration enforcement, President Donald J. Trump has boldly moved to reduce immigration to, and the number of immigrants in, the United States. This Article contends that, as part and parcel of his fervent anti-immigrant agenda, President Trump is engaging in a concerted effort to remove Latinx peoples, especially Mexicans and Central Americans, from the country. Just as the previous Mexican removal campaigns did, the new Latinx repatriation accomplishes mass removals and encourages Latinx noncitizens, along with U.S. citizen children, to leave the country and self-deport, or, alternatively, to never come to the United States in the first place. But the new Latinx repatriation differs in important respects from the old removal campaigns. First, the new system is facially neutral and colorblind, not expressly targeting Latinx peoples. That is the case despite the fact that President Trump’s words frequently—and mercilessly—attack Latinx immigrants. As a legal matter, colorblind policies pose formidable challenges to legal attacks. Second, through President Trump’s policy efforts, the new repatriation has become institutionalized into the fabric of immigration enforcement, which differs from the ad hoc and episodic nature of the Mexican repatriation and Operation Wetback. With the targeting of Latinx immigrants embedded in the institutional structure of immigration enforcement, one can expect many more Latinx noncitizens to be removed than in previous Mexican removal campaigns. Ultimately, only political action and congressional reform of our immigration laws can meaningfully change the racial discrimination embedded in immigration law and enforcement. To do so, we must acknowledge and directly confront the racial impacts of the operation of the immigration laws and their enforcement. Put differently, an awareness of the 66 UCLA L. REV. 1442 (2019) racialized nature of the problem is a precursor to bringing racial justice to immigration. AUTHOR Dean and Mabie-Apallas Professor of Public Interest Law and Chicana/o Studies, University of California at Davis, School of Law; A.B., University of California, Berkeley; J.D., Harvard University. Th is Article was prepared for the UCLA Law Review “Latinos, Bias, and the Criminal Justice System” symposium in February 2019. Th anks to Professor Jennifer M. Chacón for inviting me to participate in the conference. Th anks also to the UCLA Law Review and the faculty sponsors of the conference, Devon Carbado, Jennifer M. Chacón, Sheri Lynn Johnson, and Sherod Th axton, for organizing a pathbreaking event. Comments from participants in the symposium as well as those of participants, especially Amada Armenta and Chris Zepeda, in a workshop of this Article organized by the UCLA Center for the Study of International Migration, improved this Article. Th anks to Roger Waldinger for the workshop opportunity. Mary Louise Frampton allowed me to present this Article as part of the UC Davis Aoki Center on Race and Nation Studies lecture series; the questions and comments from those in attendance helped my thinking about these issues. Law students Ariahna Sanchez, Lidia Angelica S. Hernandez, and Joana Peraza provided helpful research assistance. TABLE OF CONTENTS Introduction ................................................................................................................................................1444 I. The Mexican Repatriation and Operation Wetback ................................................................1451 A. The Mexican Repatriation ..............................................................................................................1454 B. Operation Wetback ...........................................................................................................................1458 C. Modern Incarnations .......................................................................................................................1462 II. President Trump and Latinx Immigration ..................................................................................1465 A. The Campaign and the Presidency ...............................................................................................1472 B. The Muslim Ban ................................................................................................................................1477 C. Zero Tolerance ..................................................................................................................................1478 1. Crime-Based Removals ............................................................................................................1481 2. Th e Rescission of DACA ..........................................................................................................1482 3. Deterring Central American Asylum-Seekers .....................................................................1485 4. Ending TPS ................................................................................................................................1490 D. Restricting Legal Immigration .......................................................................................................1492 III. Comparing The Old and the New of the New Latinx Repatriation ................................1495 A. A Colorblind Repatriation of Latinx Noncitizens .......................................................................1495 B. The Institutionalization of the Trump Repatriation ...................................................................1498 C. The Solution ......................................................................................................................................1500 Conclusion ....................................................................................................................................................1501 1443 1446 66 UCLA L. REV. 1444 (2019) INTRODUCTION Although not as well-known as other racial blemishes on U.S. history, such as the internment of persons of Japanese ancestry during World War II,1 two historical episodes have indelibly shaped the sense of belonging of persons of Mexican ancestry—and Latinx people generally—in the United States. First, during the economic devastation of the Great Depression in the 1930s, state and local governments, with the support of the federal government, sent to Mexico approximately one million persons of Mexican ancestry, including many U.S. citizen children of immigrant parents.2 Second, in 1954, the U.S. government, with great fanfare, launched Operation Wetback,3 a military-style campaign led by a retired general that removed more than one million persons of Mexican ancestry, including many citizen children, from the southwest.4 Through actions of questionable legality, government in both instances engaged in the mass removal of Latinx citizens as well as immigrants.5 1. See Korematsu v. United States, 323 U.S. 214 (1944) (upholding the internment of persons of Japanese ancestry, both U.S. citizens and immigrants, during World War II), overruled, Trump v. Hawaii, 138 S. Ct. 2392, 2423 (2018). 2. See Part I.A. See generally FRANCISCO E. BALDERRAMA & RAYMOND RODRÍGUEZ, DECADE OF BETRAYAL: MEXICAN REPATRIATION IN THE 1930S (rev. ed. 2006) (documenting the repatriation of an estimated one million persons of Mexican ancestry in the 1930s); CAMILLE GUERIN- GONZALES, MEXICAN WORKERS AND THE AMERICAN DREAM: IMMIGRATION, REPATRIATION, AND CALIFORNIA FARM LABOR, 1900–1939 (1994) (analyzing repatriation of Mexican farm workers from California); ABRAHAM HOFFMAN, UNWANTED MEXICAN AMERICANS IN THE GREAT DEPRESSION: REPATRIATION PRESSURES, 1929–1939 (1974) (reviewing the history of the Mexican repatriation). 3. Wetback is a racial epithet generally used to refer to a Mexican immigrant or person of Mexican ancestry. See infra text accompanying notes 81–84. 4. See Part I.B. For a detailed history of the emergence and operation of Operation Wetback, see JUAN RAMON GARCÍA, OPERATION WETBACK: THE MASS DEPORTATION OF MEXICAN UNDOCUMENTED WORKERS IN 1954 (1980); KELLY LYTLE HERNANDEZ, MIGRA!: A HISTORY OF THE U.S. BORDER PATROL 169–217 (2010). 5. See supra Part II. “Although many consider Latinos to be a monolithic group, Latinos in the United States are extremely heterogeneous, composed of persons of Mexican, Cuban, Puerto Rican, Central-American, and other Latin-American ancestry.” Kevin R. Johnson, “Melting Pot” or “Ring of Fire”?: Assimilation and the Mexican-American Experience, 85 CALIF. L. REV. 1259, 1290 (1997) (footnotes omitted); see Cruz Reynoso, A Survey of
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