ERIC Number: ED157676
Record Type: RIE
Publication Date: 1977-Nov
Reference Count: 0
The Chicano/Illegal-Alien Civil Liberties Interface.
The illegal Mexican migration to the U.S. has resulted in judicial and statutory responses that have constrained the constitutional and civil rights of Chicanos. The Supreme Court, in its concern for stopping the flow of illegal immigrants, has ruled in U.S. v. Martinez-Fuerte that it is not a constitutional violation to refer motorists to a secondary inspection location at a permanent border patrol checkpoint even if such referral is based largely on a Mexican appearance or lacks any reasonable suspicion. The discriminatory effect of such a policy will fall upon the Chicano. The Carter plan to add border patrolmen and reorganize the border patrol's resources for greater effectiveness will only multiply the discriminatory incidents if the inspection policy is unchanged. The Carter plan should provide a change in the inspection policy which will accord Chicanos the same rights to unfettered passage that is accorded to other non-Mexican looking citizens. Likewise, the Carter plan which involves sanctions against employers who engage in a pattern or practice of hiring illegal aliens is unbalanced in that it is inadequate in its protection against employment discrimination surely to be suffered by Chicanos and legal Mexican aliens. The Carter plan should include specific statutory protection for Chicanos and legal Mexican aliens against employment discrimination by all employers. Such statutory protection should include authorization for the recovery of attorney's fees for plaintiffs seeking the law's protection. (Author/NQ)
Descriptors: Civil Liberties, Court Litigation, Discriminatory Legislation, Equal Opportunities (Jobs), Equal Protection, Illegal Immigrants, Law Enforcement, Mexican Americans, Mexicans, Racial Discrimination, Search and Seizure, Supreme Court Litigation
Rand Corporation, 1700 Main Street, Santa Monica, California 90406 (P-6037, $1.50)
Publication Type: Reports - Research
Education Level: N/A
Authoring Institution: Rand Corp., Santa Monica, CA.
Identifiers: Carter Amnesty Plan; Chicanos
Note: Paper presented at the 1977 Joint National Meeting of the Latin American Studies Association and the African Studies Association (Houston, Texas, November 5, 1977)