assignments public safety #1
O r i g i n a l A r t i c l e
C h a l l e n g i n g t h e b o r d e r p a t r o l , h u m a n r i g h t s a n d p e r s i s t e n t i n e q u a l i t i e s : A n e t h n o g r a p h y o f s t r u g g l e i n S o u t h Te x a s
A n g e l a C . S t u e s s e The Ohio State University, Ohio.
Abstract The escalating militarization of the US–Mexico border since the mid- 1990s has been well documented. This article explores one community’s resistance to it through ethnography of events that took place in El Cenizo, Texas at the turn of the millennium. Following the passage of a ‘‘safe haven’’ ordinance in 1999 declaring city officials would not reveal residents’ immigration status, residents endured the Border Patrol’s increased presence and abuse of power. In response, this border town founded a Human Rights Commission and spent the next 2 years collecting testimony and documenting the Border Patrol’s violations of residents’ rights. This resistance questioned the inequities inherent in the agency’s targeting of borderlands commu- nities and contested the erasure of its residents as social actors and citizens by reclaiming their rights. The discourses and practices employed in the struggle claimed a right to equality while simultaneously asserting a right to difference. My analysis engages this duality by exploring how the people of El Cenizo articulated it through both words and actions. The article contributes to an ongoing dialogue surrounding issues of rights, citizenship, immigration, and social movements and contributes to the growing body of ethnographies of the borderlands by offering a glimpse into the lives and activism of one South Texas immigrant community. Latino Studies (2010) 8, 23–47. doi:10.1057/lst.2009.46
Keywords: immigration; citizenship; human rights; Border Patrol; US–Mexico; activism
r 2010 Macmillan Publishers Ltd. 1476-3435 Latino Studies Vol. 8, 1, 23–47 www.palgrave-journals.com/lst/
I n t r o d u c t i o n
In the summer of 2000 tensions peaked between the City of El Cenizo, Texas
and the United States Border Patrol. Residents of this border town were tiring of
the constant harassment and disruption of their daily lives that had been
mounting throughout the previous year, which spurred city officials to action.
City Commissioner Flora Barton met with an official of the Laredo sector of the
Border Patrol to discuss the problems. Over coffee, one morning she reflected on
their conversation:
y You know, [he came here to El Cenizo and] we had a meeting y . It
was in English, you know, and some in Spanish, and I just had to ask him.
I asked him, ‘‘All this time that you’ve been here, have you heard me
ask you if you were legal?’’ And he said, ‘‘No.’’ And I said, ‘‘Well, how am
I supposed to know that you really are a US citizen? Do you carry your
papers everywhere you go? Everywhere you go? If you want to go jogging
around five, six o’clock in the morning, are you going to carry your wallet
and everything with you?’’ He said, ‘‘No.’’ And I said, ‘‘Well here in El
Cenizo, if you go to the store, you have to carry your papers with you. If
you want to take just a dollar, or five dollars y you have to carry your
birth certificate and everything with you. If you have your mica1 to be a
legal resident, you have to carry the mica too, everywhere you go. And
I think that’s ridiculous.’’ And he said, ‘‘Yeah, it is ridiculous.’’ Because if
you’re walking, they stop you. If you’re in your vehicle, they stop you.
If you’re in front of your house or in the streets playing, they stop you.
They stop you from playing! They’ve never stopped my girls y But my
son? My [son’s skin] is a little bit darker, and they have stopped him a lot
of times. Now I hardly ever send him to the store because I’m afraid, you
know he’s growing up and everything, and if they don’t respect him, he
might not respect them back, and who’s gonna win? Not him. Not my son.
The United States Border Patrol has long been an imposing force along
the northern edge of the US–Mexico border. Following the passage of new
immigration legislation in 1996, the agency intensified its presence and
attempted to dominate, through fear, technologies and violence, the transna-
tional populations living in the area. In El Cenizo, residents intensely
experienced this presence through violations of their individual and collective
rights. Going beyond notions of legal status, in 1999 they began to organize to
curb such abuses. In the process they questioned state definitions of citizenship
and social membership and the role of the Border Patrol as enforcer of such
boundaries. While demands in this immigrant community focused on ‘‘dignity’’
and ‘‘respect,’’ the ethnography that follows demonstrates that its claims to
equal rights are rooted in residents’ recognition of their difference as inhabitants
1 The term mica is
used loosely in the
borderlands to
refer to a person’s
immigration
documents.
Stuesse
24 r 2010 Macmillan Publishers Ltd. 1476-3435 Latino Studies Vol. 8, 1, 23–47
of the borderlands. This article chronicles El Cenizo’s collective resistance
movement to defend the rights of its borderlands inhabitants, illustrating that
simultaneous rights claims to equality and difference are not mutually exclusive;
rather, as this case shows, they sometimes go hand in hand.
L i f e a n d P o l i t i c a l P a r t i c i p a t i o n i n E l C e n i z o
El Cenizo sits on the banks of the Rio Grande on the outskirts of Laredo, Texas,
the most important trading port between the United States and Mexico since the
initiation of the North American Free Trade Agreement in 1994. Although
Laredo is the second fastest-growing city in the country, it is also the poorest,
and affordable housing is in short supply (US Census Bureau, 2001). In response
to the region’s growth and many immigrants’ desire to gain an economic and
citizenship foothold through homeownership, El Cenizo was formed in 1983 as
a ‘‘colonia,’’ a low-income, peri-urban settlement devoid of the most basic
of services and distinguished by a majority Mexican immigrant population
and ‘‘self-help’’ housing construction (Ward, 1999; Velez-Ibañez et al, 2002a;
Vélez-Ibañez et al, 2002b; Dolhinow, 2005; Núñez, 2006). For many years El
Cenizo’s residents lived without water, wastewater infrastructure and paved
roads. At the turn of the millennium they continued to lack many amenities
the average American takes for granted, including local law enforcement,
emergency medical services, a fire department and traffic signals. Most residents
have gradually built their own homes with the help of friends and family,
and the median household income in Texas colonias is estimated between
US$7000 and $11 000 annually (Border Low Income Housing Coalition, 2008).
El Cenizo has grown over the years from a fledgling settlement with
‘‘plantation’’ politics controlled by an oppressive Anglo developer into one of
the largest and most well-known colonias, today claiming a population of over
7000 (US Census Bureau, 2000). As they fought throughout the 1980s to hold
the developer accountable to his pledges to provide utilities, and, when these
efforts fell flat, learned to navigate the Texas legal system in demand of basic
services, El Cenizo’s residents gained valuable experience in community
organizing. They incorporated as a municipality in 1989, and 10 years later
began to use their status as a city – and the opportunities for local governance
this offers – when making collective claims to rights and resources. Due, in part,
to this history of struggle, El Cenizo residents live each day with an acute
awareness of society’s discrimination against them based on race, class, ethnicity,
language, and geographic location, and since the founding of their community
they have at times perpetuated and at others resisted these inequities.2
In 1999 El Cenizo received national and international press coverage in
response to its passage of two controversial ordinances. The first mandated that
all city business be conducted in the predominant language of the community,
2 For a more
complete
discussion of
colonias generally
Challenging the border patrol
25r 2010 Macmillan Publishers Ltd. 1476-3435 Latino Studies Vol. 8, 1, 23–47
Spanish. 3
The second declared El Cenizo a ‘‘safe haven,’’ prohibiting city
officials from providing information about residents to outside parties,
including federal agencies such as the Immigration and Naturalization Service
and its law enforcement arm, the Border Patrol.4 The media paid great attention
to these initiatives coming out of a virtually unheard of Texas town, propelling
the community to the center of the ongoing debate over the meanings of being
‘‘American.’’ El Cenizo was accused of attempting to ‘‘drop out’’ of the nation,
and the people of El Cenizo were portrayed as a group of decidedly political
revolutionaries (Whitworth, 1999). The sense that this town had chosen to
challenge the nation’s unity prevailed in public opinion, and it seemed that the
Border Patrol agreed.
I first contacted El Cenizo’s City Hall in the wake of this sensational media
attention, interested in better understanding the history of the ordinances and
the motivations of the city’s elected officials in passing them. Throughout a
number of phone conversations with the Mayor and City Commissioners, they
repeated a simple message: ‘‘Why, instead of criticizing us, don’t people try to
help us?’’; ‘‘Small, low-income communities need help’’; ‘‘We have our doors
open to anyone who is willing y who can give us a hand instead of pointing
fingers.’’ In response to this analysis of the media’s actions and its tacit criticism
of the classic anthropological notion that one can be an unperceived and
apolitical observer who leaves little to no trace of one’s presence, I made plans
to spend the following summer in El Cenizo, conducting research while
volunteering at City Hall.
As a politically engaged anthropologist, committed to scholarship in dialogue
and collaboration with people organizing to change the conditions of their lives,
I found myself answering phones, designing letterhead, setting up computers for
office use, researching grant possibilities for the city and planning community
events.5 I spent much of my time supporting a group of young people organizing
to develop a local park so they could have a safe space to play (Stuesse and
Vielma, 2000; Stuesse, 2001). In the two following years, I made frequent visits
back to El Cenizo and served as a volunteer consultant for the city’s Human
Rights Commission. As an ‘‘observant participant,’’ I listened to and spoke with
residents at community meetings, at quinceañeras, on the streets, in their homes
and at City Hall (Vargas, 2006, 18). Volunteering with the city, I spent most
time with elected officials, city employees and active community members, a
methodology that enriched my data by offering me privileged perspective and
insight into the social processes under study.6
P r o t e c t i n g t h e N a t i o n ’s B o r d e r s
As Commissioner Barton’s quote above suggests, skin color plays a critical
role in the social hierarchies of the borderlands, and research has repeatedly
and El Cenizo’s
political history
specifically, see
Stuesse (2001).
3 I have written
elsewhere about
the predominant
language
ordinance, the
national backlash
El Cenizo endured
in its wake, and the
city’s response to
outsiders’ hateful
discrimination. See
Stuesse (2002).
4 The Immigration
and Naturalization
Service (INS) was
reconfigured after
the terrorist attacks
of September 11,
2001 as
Immigration and
Customs
Enforcement, part
of the newly
created
Department of
Homeland
Security.
5 For more on
activist research,
see, for example,
Gordon, 1998;
Hale, 2001, 2006,
2008; Harrison,
1991; Holland
et al, forthcoming;
Hyatt and Lyon-
Callo, 2003;
Paredes, 1993;
Sanford and Angel-
Ajani, 2006; Speed,
2008; Sudbury,
1998; Vargas,
2006.
6 Further discussion
of activist
anthropology and
Stuesse
26 r 2010 Macmillan Publishers Ltd. 1476-3435 Latino Studies Vol. 8, 1, 23–47
demonstrated how race, language and dress marks individuals and communities
as targets for law enforcement and nativist sentiment (Chavez, 1997; Heyman,
1998; Lugo, 2000; Stuesse, 2002; Brotherton and Kretsedemas, 2008). If civil
society and the state perceive low-income, dark-skinned and Spanish-speaking
migrants to the United States as a threat to national unity, the physical border
with Mexico represents the fissure, where the ‘‘Third world’’ leaks into and
contaminates the ‘‘First’’ (Alvarez, 1995; Chavez, 1997; Anzaldúa, 1999). Since
its creation in 1924, the US Border Patrol has existed to ‘‘guard’’ this
border, to protect ‘‘us’’ from the ‘‘invader.’’ In fact, Guillermo Gómez Peña
suggests that, ‘‘for the North American the border becomes a mythical notion
of national security. y . A place of conflict, of threat, of invasion’’ (Fusco,
1989, 55). At the turn of the new millennium, this statement rang truer than
perhaps ever before.7
Border Patrol activity intensified at the close of the twentieth century,
largely owing to increased funding initiated by the Illegal Immigrant Reform
and Immigrant Responsibility Act of 1996. This legislation drastically
increased the number of Border Patrol agents, funded the construction of a
triple-layer fence at the border from the Pacific Ocean eastward, instituted a
biometric system of immigrant identification and provided state-of-the-art
equipment for the apprehension of illegal border crossers, among other
initiatives. In the years following its passage, US Border Patrol agents began
to wield some of the most sophisticated technologies in the world, including
motion and heat sensors, night vision scopes, stadium-style search lights, and
covert air, land, and sea patrols. This process has been referred to as the
‘‘militarization’’ of the border. By the late 1990s the Border Patrol began to
favor ‘‘blockade’’ measures, seeking to stem the flow of immigrants into urban
areas. They were given names that conjure up thoughts of combat and defense,
such as El Paso’s ‘‘Operation Hold-the-Line,’’ San Diego’s ‘‘Operation Gate-
keeper’’ and Southern Arizona’s ‘‘Operation Guardian’’ (Dunn, 1996; Cornelius,
2001). Even the National Guard was called in to ‘‘defend’’ threatened points
along the border.8
Anthropologist Michael Kearney has drawn a direct link between the
implementation of such militaristic strategies and a heightening sense of the
border as nationalist peril, stating, ‘‘These new forms of discipline correspond
to a movement from an offensive jingoist nationalism to a nationalism on
the defensive, a shift from a nationalism of expansion and domination
to a defensive nationalism concerned with a loss of control of its borders’’
(Kearney, 1991, 60). Whether or not these strategies actually curb illegal
entry into the United States, they do create a public sense that the govern-
ment is working hard to protect its citizens. In fact, the creation of such
an impression may be the ultimate goal, as truly curbing undocu-
mented immigration could prove disastrous for the US economy. Several
scholars have pointed to these tensions in arguing that US immigration
my experiences as a
politically engaged
researcher can be
found in Stuesse
(2001, 2008).
7 For a different
ethnographic
perspective on the
contemporary
institution of the
Border Patrol, see
Maril (2004). For
more on Border
Patrol history, see
Lytle Hernandez
(2010).
8 Similar efforts
continued to
increase
exponentially as
widespread
concern for
‘‘national security’’
grew in the months
and years
following
September 11,
2001. Most of the
events I explore in
this article take
place before 9/11
Challenging the border patrol
27r 2010 Macmillan Publishers Ltd. 1476-3435 Latino Studies Vol. 8, 1, 23–47
enforcement serves as a ‘‘symbolic politics’’ purposefully lacking in efficacy
(Calavita, 1994; Andreas, 1998; Heyman, 1998; Heyman, 2008; Stuesse,
2010). Other immigration theorists have noted that, while the United
States is happy to have migrant bodies as labor power, it is the person-
hood, the rights that come attached to humanity, that are denied (Perea,
1997; Chang, 2000; De Genova, 2002; Flores, 2002). Thus, the government
must appear in the public eye to be blocking migrant entry to the United
States without actually affecting the flow of workers dictated by transnational
capitalism.
As important as the images of the Border Patrol produced for
mainstream consumption, the increased technological intensification of
the Border Patrol conveys a sense of power that enables the federal
government to more rigidly control borderlands populations. These practices
do not simply affect undocumented migrants. They create a constant
sense of anxiety and apprehension among communities throughout the
borderlands, regardless of residents’ immigration status (Lugo, 2000;
Núñez and Heyman, 2007).9 This analysis is supported by sociologist
Julia Sudbury, who argues that fear has been a key variable in the political
mobilization of minorities over time, wielded as a ‘‘critical weapon in
controlling black women and preventing them from organizing’’ (Sudbury,
1998, 85–86). Likewise, fear is used to control the attitudes and actions
of perceived ‘‘less-’’ or ‘‘anti-American’’ populations in the borderlands.
El Cenizo is one such community, and in and around the city, the Border
Patrol is omnipresent.
F o r g i n g C o m m u n i t y a m i d B o r d e r P a t r o l I n t i m i d a t i o n
As a result of the increase in technologies and manpower, by the late 1990s
more and more people in the Texas border region were being stopped,
questioned and harassed by Border Patrol officials. Perhaps ironically,
often these are Mexican American agents interrogating and intimidating
other Mexican American and Mexican individuals. When one considers the
very low percentage of non-Mexican descendants living in this part of
South Texas, coupled with the knowledge that Border Patrol agents earn
$34 000 a year plus overtime – far above the average salary for the region,
the irony dissipates. The Border Patrol, although dominated by Anglos, operates
through individuals from diverse backgrounds. In El Cenizo, the agency’s
presence notably increased in late 1998, shortly after a new city administration
took office. This concurrence sparked rumors throughout the first part of
1999 that local officials were providing tips about and names of undocumented
residents to federal agents. In a symbolic statement to allay these fears and
establish a trusting relationship with residents, in August of 1999 the
or immediately
thereafter, and I
therefore limit my
analysis of border
enforcement and
community
resistance to the
pre-9/11 world.
9 Citing the
American Friends
Service
Committee’s
Immigration Law
Enforcement
Monitoring
Project,
borderlands
scholar Josiah
McC. Heyman
refers to this as
‘‘the ‘cotidianidad’
(everydayness) of
the INS’’
(American Friends
Service Committee,
1990; Heyman,
1998).
Stuesse
28 r 2010 Macmillan Publishers Ltd. 1476-3435 Latino Studies Vol. 8, 1, 23–47
administration passed an ordinance declaring El Cenizo a ‘‘safe haven.’’ The
legislation states:
El Cenizo was created from a long heritage of immigrant families. In
order to create better unity between the community and the governing
body the city council has enacted this ordinance disallowing any city
employee or elected official to disclose the national origin, immigration
status, or citizenship of any of its residents to any agency or individual.
Violators are subject to termination or impeachment. (City of El Cenizo,
1999)
By enacting the ordinance, the administration declared that they were in no
capacity to either ask or tell regarding any resident’s legal status. This action,
along with the simultaneous passage of ‘‘predominant language’’ legislation,
attempted to create a stronger sense of community and a more participatory
democracy in El Cenizo. In an interview I conducted with then-Mayor Rafael
Rodrı́guez in the weeks following the passage of the ordinance, he explained,
‘‘I have no idea what percentage of our residents are undocumented, and I don’t
care. They’re paying their taxes just like everyone else, and our role here is to
serve the community.’’ In his eyes, citizenship or legal residency was not the
issue at hand; rather, fulfilling one’s shared responsibilities as a resident of the
city was grounds for social membership.
The notion that all residents, regardless of legal status, are members of the
community and possess valid claims to rights is prominent in the politics of El
Cenizo and is central to the concept of ‘‘cultural citizenship.’’ Such affirmation
is key, for, as numerous scholars have suggested, it is only through their
struggles to be recognized as members of the nation and as holders of rights
that minority groups have at times achieved recognition (Ong, 1996; Benmayor
et al, 1997; Rosaldo, 1997; Dagnino, 1998). In fact, as cultural citizenship
theorist William Flores illustrates, because of their cultural differences,
minority groups’ struggles for equal rights have often entailed demands
that go beyond those made by dominant society: ‘‘Each group has had its
own particular needs and struggled for specific sets of rights that have
expanded the rights of the entire society’’ (Flores, 2003, 296). In other words,
claims for full membership in society, while demanding equality, are
often accompanied by claims to difference. Such is the case in Mayor
Rodrı́guez’s comment, above, in which his recognition of El Cenizo residents’
unique geographical location and immigration status is paralleled by his call
for equality. In this way, peripheral groups become ‘‘new’’ citizens, not only
‘‘demand[ing] existing rights, but creat[ing] new ones’’ in the process (Flores,
1997, 258).
The safe haven ordinance was rapidly and widely criticized for ‘‘wrongfully
encourag[ing] disrespect for law enforcement,’’ potentially ‘‘lead[ing] to
Challenging the border patrol
29r 2010 Macmillan Publishers Ltd. 1476-3435 Latino Studies Vol. 8, 1, 23–47
dangerous confrontations,’’ and ‘‘hobbl[ing] progress rather than provid[ing]
relief’’ (Houston Chronicle, 1999). In retrospect, Mayor Rodrı́guez felt people
misunderstood the city’s intent and that his administration may have made a
mistake in using the words ‘‘safe haven’’ in the legislation. As we chatted at dusk
one evening, sitting side-by-side in wrought iron rocking chairs on the cement-
slab patio behind his home, he explained, ‘‘ ‘Safe haven’ means ‘puerto seguro.’
El Cenizo is not a ‘puerto seguro,’ it’s a peaceful community. ‘Puerto seguro’
is as if you were covering something up; giving people asylum. We are just
trying to live calm and peaceful lives.’’ In the wake of the negative press
coverage, some residents began to criticize their elected officials for passing
the legislation, yet their sentiments did not echo those of the press. Rather,
there was a quiet murmur spreading around town that by virtue of living in El
Cenizo, the controversy might make them even greater targets of the country’s
obsession with immigration control. During a break from work at City Hall
one afternoon, I asked Commissioner Barton to tell me more about the concerns
arising within the community. She explained that some people ‘‘felt
uncomfortable because they worried that they were gonna have more
harassment towards their children and their family members when it came
to the Border Patrol.’’ Unfortunately, the skeptics were correct, and
residents became quickly aware that the Border Patrol had heard the city’s
declaration.
In the weeks that followed, Border Patrol agents initiated a campaign, in the
words of Mayor Rodrı́guez, to ‘‘harass and intimidate the residents of El
Cenizo.’’ They erected a temporary checkpoint on Zapata Highway, the road
traveled daily by El Cenizo residents who work in the nearby city of Laredo,
and stopped every vehicle that passed for approximately four hours. Curiously,
the checkpoint was situated so as to stop traffic in the southbound lanes of the
highway – likely those people on their way home to El Cenizo after a day of
work in Laredo. Northbound traffic, which would contain vehicles heading
away from the border, passed undisturbed. ‘‘It’s just suspicious,’’ resident
Miriam Cantú confided. ‘‘Why would they stop the traffic heading south? It’s
like they want to remind us who’s in charge.’’ Cantú wasn’t alone; in fact,
I heard several El Cenizo residents label this action as an act of intimidation
against them and their families.
In addition to the suspicious checkpoint, community perceptions suggested
that vehicle stops by roving patrols increased dramatically. As a result, the
county-run Community Center in El Cenizo stopped allowing undocumented
children to ride in its vans and buses for fear of being held accountable for not
being able to produce papers for all passengers. One focal point of the Border
Patrol’s vehicle detentions was the county’s public bus service, El Aguila. Many
El Cenizo residents, particularly those with more precarious economic
situations who cannot afford a vehicle, depend on El Aguila on a daily basis
to get to and from Laredo. Quoted in a legal essay publicizing and analyzing the
Stuesse
30 r 2010 Macmillan Publishers Ltd. 1476-3435 Latino Studies Vol. 8, 1, 23–47
Border Patrol’s searches of El Aguila, an anonymous resident described a
typical scene:
When the bus came up to the turn, just before the highway, the Border
Patrol car used its lights and sirens to pull the bus over. It was seven
o’clock and I was on my way to work that morning. This was the third
time I was aboard El Aguila when it was stopped. Two armed Border
Patrol officers boarded the bus and announced that they were going
to check for illegal aliens. The officers proceeded to tell every passenger to
present documentation indicating residence or citizenship. They did not
ask, they demanded. I told myself this time it was going to be different
because I would refuse to provide documentation; after all, I was a United
States citizen and had the right to remain silent. The Border Patrol officers
did not take my exercise of rights well; they hassled and insulted me
until they were convinced that I was a United States citizen. (Ortiz, 2000,
290–291)
Detainments typically lasted between 20 and 45 minutes, and passengers
missed appointments and even lost jobs for consistently arriving late. Moreover,
those residents without papers lived in constant fear of being deported, and
some quit their jobs or moved elsewhere, where their presence would be less
visible. This ethnography supports Núñez and Heyman’s analysis that popula-
tions of smaller and more rural borderlands communities face greater levels of
entrapment than more urban locales owing to the Border Patrol’s manipulation of
their more limited transportation options (Núñez and Heyman, 2007).
In addition to patrolling the highways, the Border Patrol also increased its
presence in the city of El Cenizo, a tangible threat to many who could look out
their windows at virtually any hour of the day to see one of the agency’s official
white and green trucks speeding up and down the streets. Many residents
commented on the hostility they felt from agents. One mother recalled that once
she saw a Border Patrol vehicle parked in front of her house, so she approached
it and said, ‘‘Excuse me, may I help you?’’ The agent curtly replied, ‘‘I’m not
asking for help,’’ and turned away. ‘‘How,’’ she asked, ‘‘are we supposed to trust
and respect a person in uniform when we receive no respect in return? When we
know that if we are in need we will have to show proof of US citizenship before
getting help?’’
In a letter written to a Laredo chapter of the League of United Latin American
Citizens (LULAC) the following spring, Mayor Rodrı́guez detailed specific
actions of the Border Patrol that intimidated the residents of El Cenizo,
including parking in front of Kennedy Zapata Elementary School when parents
drop off and pick up their children, entering private properties and peering into
windows, and routinely stopping individuals walking down the street, requiring
them to prove their citizenship status. He also described a case in which Border
Challenging the border patrol
31r 2010 Macmillan Publishers Ltd. 1476-3435 Latino Studies Vol. 8, 1, 23–47
Patrol agents looking for a fleeing suspect detained, handcuffed and nearly
arrested a 15-year-old boy right in front of his home. The officers were
preparing to take him away for deportation until neighbors managed to
convince them that the boy did indeed live at the residence and was a US citizen.
At a meeting of the Lawyers’ Committee for Civil Rights Under Law of
Texas – Immigrant and Refugee Rights Project, which Border Patrol officials
attended in San Antonio in 2000, Commissioner Barton candidly asked one
agent if the increased harassment came in direct retaliation to the passage of El
Cenizo’s safe haven ordinance. His response shocked her. Upon her return from
the meeting, she recounted to me:
He actually replied, ‘‘What do you expect? What do you expect from us?
How do you think we’re going to see you now after what you did?
You know, you do something like this and we’re gonna have to act on it.’’
And I said, ‘‘Excuse me? Are you really admitting this?’’ And that’s when
he stayed quiet (Figure 1).
Figure 1: El Cenizo and its Human Rights Ordinance, ‘‘tasty little morsels’’ for the Border Patrol.
Source: (El Mañana de Nuevo Laredo, 2000).
Stuesse
32 r 2010 Macmillan Publishers Ltd. 1476-3435 Latino Studies Vol. 8, 1, 23–47
D e m a n d i n g R e s p e c t : T h e F o r m a t i o n o f U n i d a d y F i r m e z a
The Border Patrol’s actions throughout 1999 and 2000 instilled fear and
uncertainty in the residents of El Cenizo. These abuses of power, blatantly
disregarding federal regulations stipulating that Border Patrol officials must
establish ‘‘reasonable suspicion’’ before detaining an individual, attempted to
dominate the entire community – US citizens, legal residents and undocumented
persons alike. In resistance to this marginalization and erasure of legitimacy – as
citizens, social actors and legitimate members of their community – residents
organized to demand accountability from the Border Patrol.
In the summer of 2000, El Cenizo residents began to speak out. Sandra
Martı́nez, a grandmother in her late forties who was born and raised in
California, lives with her extended family in a decaying home and in numerous
broken-down vehicles scattered across her lot. Martı́nez says that because she
refuses to send her grandchildren to live in the streets, she does not qualify for
state or federal aid programs that might help improve her living conditions. One
hot and dusty afternoon, she shared with me her experiences of nearly being
deported because Border Patrol agents refused to accept her birth certificate as
valid. Once released and back at home, she endured their daily ridicule and
persecutions until she finally built a fence around her yard so they could no
longer enter. Commissioner Barton questioned these and similar actions:
Why should I have to carry my birth certificate and those of all my
children when I walk to the store in the evening to buy a gallon of milk?
In Austin or Chicago or Alabama no one is expected to be able to prove
their citizenship at every hour of the day, and just because we live near
the border doesn’t mean we should be treated any differently than the rest
of the country in this respect.
Throughout the summer, similar discussions about individual and collective
rights of people living in El Cenizo could be heard in private homes, local
businesses and City Council meetings.
During my time there, I sought to grasp how people in El Cenizo thought
about the ‘‘rights’’ they were invoking. In a community meeting, one resident
stated:
In reality, there are many of us living in the United States, young and old,
who don’t know our rights as human beings. Some people have even
died without ever knowing they had human rights. Our human rights are
taken away from us and violated, and we don’t even know what they
are or how to defend them. It is only when you understand the law, when
you know that you do have rights, that you can say, ‘‘Wait, what is this?
My rights are being violated.’’
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Statements such as this revealed a recognition of the existence of an intangible
group of rights to which residents of El Cenizo felt they did not have access.
‘‘Rights’’ seemed to represent an abstraction to which they believed they were
collectively entitled, but out of which they were being cheated owing to their
lack of understanding of the protections available to them under US and
international law. Violations of these rights were not understood in the abstract,
however; they were felt through concrete experiences, such as those illustrated
throughout this article.
In response to local outcries against the intensified harassment and abuse by
the Border Patrol, a small group of longtime residents formed a group, which
they named Unidad y Firmeza por Nuestros Derechos Humanos (Unity and
Strength for Our Human Rights). This organization was comprised mostly of
individuals active in local politics, and thus had a big impact in terms of political
force and consciousness raising. It was slow to attract membership, however,
and the group wondered whether residents’ fears of being singled out by the
Border Patrol for belonging to a controversial organization might make them
reluctant to officially join. Especially for individuals without documentation,
taking this step entailed a risk that few were willing to take.
Despite limited participation, Unidad y Firmeza quickly initiated a campaign
to educate residents about their rights. The group collaborated with attorneys
and law clerks at Texas Rural Legal Aid’s (TRLA) Colonias Project to produce
an informational packet that neighborhood children delivered to every
doorstep. The bilingual bulletin included an open letter to the residents;
information on immigrants’ civil and political rights; a ‘‘Know Your Rights’’
card to hand to an official in the event of detainment; and an anonymous ballot
for an informal election. The ballot asked specific questions related to one’s
personal knowledge of abuses at the hands of the Border Patrol and polled
people about the role they thought the city government should play in
addressing these abuses. A section of the letter to the residents implored:
Unidad y Firmeza por Nuestros Derechos Humanos is a group recently
formed in response to the growing number of people, ourselves and our
families included, who hold one degrading experience in common: we
have been victimized by the Border Patrol, our Constitutional rights
and ‘‘guarantees’’ violated y . We have a right to a life free from these
abuses y . In order to prevent these abuses from reoccurring, we have
joined together y . But without your help, change is impossible y . Please
help us make El Cenizo, our city, a city of peace and not one of abuse.
The returned ballots overwhelmingly voiced strong support for the movement,
and many articulated humiliation experienced at the hands of the Border Patrol.
Several directly identified race as the key factor motivating disregard of
their rights.
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Unidad y Firmeza sought to raise public awareness and create a community-
based group through which people could organize against the Border Patrol’s
erasure of their rights. These aims echo those of another borderlands
community described by Flores, in which people chose to respond to abuses
by creating a ‘‘reverse’’ Border Patrol, complete with green cards and ‘‘illegal
alien’’ buttons. These acts of political significance, like the formation of Unidad
y Firmeza, allow persecuted immigrant groups to abandon their role as ‘‘passive
onlookers forced to hide’’ by recasting them as ‘‘political subjects acting upon
and changing power relationships’’ (Flores, 1997, 272–274). In this way,
Unidad y Firmeza represented one path toward local empowerment, serving
both as a venue for anonymous voices to share their concerns and as a more
formal platform from which citizens could pressure elected officials to take an
official stand against the Border Patrol’s actions.
E l C e n i z o ’s H u m a n R i g h t s C o m m i s s i o n
By the end of the summer Unidad y Firmeza had convinced El Cenizo’s
governing body to establish an official Human Rights Commission to act as
mediator between the community and the Border Patrol. The city created a
five-member committee to:
y monitor and review law enforcement activity, handle citizen com-
plaints, and recommend action to protect and promote the interest, rights,
and privileges of persons in this jurisdiction; to avoid strife and unrest; to
preserve the public safety, health, and welfare; and to secure for all persons
in this jurisdiction freedom from discrimination. (City of El Cenizo, 2000)
The Commission was to act as an independent civilian review board that
would conduct investigations of human rights abuses by the Border Patrol and
make recommendations to the city based on its findings. The legislation stated
that it intended to ‘‘restore legitimacy of the law enforcement institutions of
democratic governance by clearly articulating the limits of their authority.’’
The original five members of the Commission included two longstanding El
Cenizo residents and outspoken community activists – to ensure it remained
accountable to local people – and three high profile individuals external to
the community (a Laredo attorney, a psychotherapist and founder of a local
LULAC chapter, and a popular religious leader and director of Catholic
Missions in several area colonias) to situate the Commission within a thick
web of allies. Creating the Commission from a network of local leaders lent
legitimacy to its actions, a critical move for the group that would represent
El Cenizo’s claims for space, rights and recognition before the state and
civil society.
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In late 2000 and throughout 2001, the Human Rights Commission worked,
in collaboration with TRLA, to build partnerships between El Cenizo residents
and students from Saint Mary’s School of Law in San Antonio, Texas. The
Commission trained and ‘‘deputized’’ these volunteers, and in resident-student
pairs they went door-to-door collecting testimonies. The first complaint received
by the Commission, alleging that a resident was held at gunpoint by a Border
Patrol agent, received coverage in the Laredo Morning Times:
The sun hadn’t risen yet when Jesús Olivares saw the flashing lights in his
rearview mirror. It was just another morning for the 44-year-old father,
who pulls down extra cash delivering the Laredo Morning Times after his
night shift at the gas station. He was tossing newspapers into a darkened
ranch road when the agents stopped his truck, Olivares said. Then, he said,
an agent held a gun to his head and questioned him. ‘‘It was like I was a
criminal – it was terrible y I was angry and frustrated and scared.
I couldn’t even talk.’’ (Stack, 2000)
The article encouraged others to come forward, and by early 2002 the
Commission’s deputies had collected over 40 personal testimonies describing
human rights abuses at the hands of the Border Patrol in El Cenizo.
The Commission then collaborated with legal advisors and scholars,
including myself, in the preparation of the first draft of its report. The United
Nations’ 1948 Universal Declaration of Human Rights provided a framework
around which residents’ complaints were organized (General Assembly of the
United Nations, 1948). The themes included several that are central to basic
human rights, such as freedom, dignity, life, liberty, security, family, home, and
privacy, and rejected arbitrary arrest and detention and cruel, inhuman,
and degrading treatment. The draft report documented outrageously blatant
abuses of authority, including an account of two adolescents who were waiting
at the bus stop when they were pushed to the ground, handcuffed and held
at gunpoint by an agent; a report of a teenage boy who was run over by a Border
Patrol vehicle, which then abandoned the scene; a story about a woman riding
the public bus whose newborn baby was taken from her when she couldn’t
produce proof of citizenship; and the testimony of a man walking down the
street who was detained and handcuffed to a bench in the back of a Border
Patrol vehicle for hours while the agent drove in circles around the city, and he
slipped back and forth across the bench as the handcuffs cut into his wrists until
they were swollen, bloody and almost completely numb.
The draft also included complaints that on the surface appeared less egregious,
such as the Border Patrol’s habitual detainment and search of public busses
described above; sitting for hours at a time in front of someone’s private home;
brandishing weapons in public spaces; and one account from a woman who
answered a knock at her door at 3:00 a.m. only to encounter an officer asking for
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36 r 2010 Macmillan Publishers Ltd. 1476-3435 Latino Studies Vol. 8, 1, 23–47
a cup of coffee. Although these episodes may appear innocuous or fail to violate
US laws, taken as a whole and contextualized within the historical and political
milieu of the US–Mexico border, it is clear that they endanger the Universal
Declaration of Human Rights’ most basic protections, including the rights to
personal security, freedom of movement and residence within the borders of each
state, special protection of children, and freedom from physical and verbal abuse.
The Commission held a public hearing in El Cenizo, inviting residents to
share their testimonies in person and allowing the Commission to further
analyze the complaints. Although a handful of individuals came forward at
the hearing, most complainants were unwilling to speak publicly for fear of
reprisal. Those individuals who did testify brought to life the powerful stories
of abuse that the Commissioners had previously only read on paper. The act of
public testimony may have also represented a ‘‘coming to voice’’ for some of
the victims. Social movement scholar Patricia Hill Collins highlights the
significance of such actions when she writes that the breaking of silence is a
‘‘moment of insubordination in relations of power, of saying in public what had
been said many times before [in private]’’ (Collins, 1998, 50).
Following the hearing, the Commission pledged to finalize its findings and
release a public draft of its report. However, over time the composition of the
Commission had shifted, with few of the original members remaining. Attempts
to replace them had proved largely symbolic, as the new members were
unfamiliar with and disconnected from the Commission’s history. Although it
had worked over 2 years to thoroughly document a wide range of human rights
abuses, much of its momentum during this period came from the energies of
students and supporters, including myself, external to the Commission. When
the time came for the Commissioners to act, they were unable to agree upon a
set of recommendations for the city. Some felt the report should include strictly
the ‘‘facts’’ of people’s testimonies, whereas others believed their role was to
make a more principled statement and policy recommendations based on the
Commission’s findings. Amid the discord and distance from the Commission’s
creation, a report was never produced. Moreover, the Commission was unaware
of any similar efforts emerging in other areas, and was thus poorly positioned to
draw upon or fuel the work of others seeking to monitor and reform law
enforcement in the borderlands.10 Despite the Commission’s failure to bring its
written findings to public light, its unfinished work plainly illustrates that,
through both de jure and de facto policies, the US Border Patrol’s practices in El
Cenizo are in grave danger of violating provisions of international human rights law.
B o r d e r l a n d s I d e n t i t y, S o c i a l M e m b e r s h i p a n d S t r a t e g i c D e p l o y m e n t o f R i g h t s D i s c o u r s e
The Commission’s anticlimactic finale notwithstanding, perhaps the greatest
theoretical lessons from this struggle are to be found in the process itself. It is
10 The American
Friends Service
Committee, the
Texas Civil Rights
Project and the
Border Rights
Coalition/Border
Network for
Human Rights
are a few
organizations that
potentially could
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important to remember that collective resistance movements like that of El
Cenizo take place amid very basic struggles of everyday survival. Historian
Thomas Sugrue reminds us that ‘‘economic and racial inequalit[ies] constrain
individual and family choices, y [setting] the limits of human agency’’ (Sugrue,
1996, 5). At the same time, we must keep in mind that, because communities
like El Cenizo are battling over issues vital to their very survival, their residents
are also precisely the people who ultimately ‘‘do not have the luxury not to fight
back’’ (Kelley, 1997, 158). With these necessities and constraints in mind, then,
how might we understand and explain El Cenizo’s collective resistance? In a
world where notions of rights have been historically compartmentalized into
discrete, clean categories, finding a framework through which to make sense of
this borderland community’s claims to rights is challenging, as its articulation of
rights cuts across and through traditional categories. Just as ‘‘y so-called
border people are constantly shifting and renegotiating identities with
maneuvers of power and submission, y often [adopting] multiple identities’’
(Alvarez, 1995, 452), within these multiplicities they also strategically wield
manifold discourses on rights as deemed advantageous to their struggles.
‘‘American, Mexican, Chinese, Black, Japanese, in God’s eyes we are all
equals,’’ Mayor Rodrı́guez once announced at a city meeting. The elected
officials of El Cenizo, in representation of their constituency, carefully framed
their struggle using the dominant liberal discourse of equal rights, asserting that
all individuals are created equal and using the non-threatening concept of
‘‘respect’’ to assert their claims. This theme emerged throughout my research:
‘‘We got their attention to actually move forward in trying to get the agents to
respect the people. y we’re not stopping them from doing their job, we just
want respect!’’; ‘‘We’re gonna have to make them understand that we’re human
beings, like everybody else. You know, we’re no animals ... . We’re human
beings’’; ‘‘We’ve just got to make them stop the abuse, because this is not a joke.
I mean, we get no respect at all. Why can’t they roll down their windows and be
friendly? Even our children feel threatened’’; ‘‘You know that what we are
asking for is not a big thing! We aren’t telling [the Border Patrol] not to do their
job at the river. That’s fine. But if they’re going to come just because they want
to see who they can catch y . No, no, no. The main thing is just to show us a
little respect.’’
Many liberation movements in the United States since the mid-twentieth
century have utilized what Chela Sandoval has called the ‘‘equal rights mode of
consciousness in opposition’’ (Sandoval, 1991). By suggesting that all
individuals are created equal, that differences are only skin deep, the discourse
of equal rights allows peripheral groups to ‘‘demand that their own humanity be
legitimized and recognized’’ (Sandoval, 1991, 12). This is, in part, strategic, as
minority communities often recognize that their claims will be more readily
accepted if they emphasize their similarities with, as opposed to their differences
from, dominant society. By speaking of equal rights, then, residents of El Cenizo
have helped El
Cenizo’s Human
Rights
Commission link
its efforts with
similar work
elsewhere for
broader impact.
See, for example,
Border Network
for Human Rights
(2005). For a
discussion of
some of the
limitations of
local organizing,
see Orr (2007).
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38 r 2010 Macmillan Publishers Ltd. 1476-3435 Latino Studies Vol. 8, 1, 23–47
seek to legitimate their claims in the eyes of the state and civil society by
explaining and defending themselves with the same liberal discourse embraced
by large sections of the population.
Blanca Silvestrini reminds us that claims for equality under the law are not
always made in opposition to claims to difference; rather, she argues, Latino
cultural citizenship often entails a ‘‘quest for multiple paths’’ (Silvestrini, 1997,
53). In the case of El Cenizo, as residents assert an entitlement to equal rights,
we can also discern a claim to difference in the very demands they make. By
speaking out both behind closed doors and in public, by forming a community
organization to act on the problems they collectively identify, and by pressing
their elected officials to systematically compile and analyze their experiences of
abuse at the hands of a government agency, El Cenizo residents critique a social
and political institution that not only intimidates on the individual level,
but also excludes on the collective level based on race, economic status,
geographical location and cultural attributes such as language – all identity
markers that set borderlands communities apart from dominant US society.
In demanding that Border Patrol agents ‘‘do their job’’ at the border but not
interfere with peaceful life in a borderlands community, El Cenizo residents’
difference from dominant American society – their liminal status as inhabitants
of the borderlands – reveals itself as central to their rights claim. How might the
Border Patrol fulfill its mandate directly north of the border without pursuing
people based on racial and cultural difference? I asked many in El Cenizo this
question, and though it was never completely resolved, Commissioner Barton’s
response attempted to reconcile the conflict by redefining what makes a person
‘‘illegal’’:
The main thing that we’re doing is that we just want the Border Patrol to
respect the residents, either way, if you’re legal or illegal or an ‘‘alien’’ or
not an ‘‘alien,’’ you know, if you’ve gotta do your job, do it. But why don’t
you work where the people are crossing [the river]? Crossing the street
from one house to the other doesn’t make you an illegal person. What
really makes an illegal person is when you cross the river. And that’s the
people they’re supposed to be asking for their papers. Not the people that
live in El Cenizo. Because they’ve struggled so hard to get what they have
right now. Their homes, their lots, their cars, their children’s education.
Especially their children. And I don’t see why we have to be harassed all
the time. I just don’t see the picture. If somebody would explain to me why
we have to be harassed if we live in the US, because we are a part of the
US, you know. If we live here, why do we have to be harassed? Do it
another way.
This reconception of an ‘‘illegal’’ body as one in the process of border
crossing, but not those in residence just steps north of the border, effectively
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attempts to reshape the modus operandi of the Border Patrol, and hence, the
regulatory practices of the state in US society.
In fact, El Cenizo’s collective resistance challenges the very role of the
government and the limitations set by the state upon borderlands communities,
thus moving beyond the discourse of equal rights and liberal multiculturalism
at the very moment they embrace it. This strategy exemplifies a trend in
minority claims to rights:
At the same time that they assert and defend their differences from the
nation as a whole and other groups within it, the ethnic and ‘‘identity’’
groups and other new social movements of the past two decades have
tended to appeal to universal standards of equality, justice and rights,
as the basis of their collective claims against the state for recognition of
equal rights, cultural value, and economic opportunities on a par with
those of other groups within the same state. Differentiation at one level
thus begets uniformization at another, and relativistic assertions of
difference give rise to appeals to universal principles. (Turner, 1997, 281)
El Cenizo’s strategies illustrate how a liberal discourse of equality can become
rearticulated into more radical goals with transformative potential through faith
in the very principles of the system already in place, those of democratic
governance. Stemming from the community’s desire for all residents to be
considered full members of society, equal to people living anywhere else in the
country, the City Council passed the ‘‘safe haven’’ ordinance. This legislation,
passed by an elected body to increase confidence in the city administration and
participation in local decision making, falls well within accepted boundaries of
discourse on liberal governance. Over time, however, the legislation gained
transformative potential that was ultimately able to articulate a radical
challenge of the border, pushing at the very limits of a dominant but contested
social construction while all the while reaffirming its position through the tropes
of equality and democracy. In this way, though never completely escaping the
bounds of hegemony, people in El Cenizo demonstrate how marginalized
communities might challenge the state through creative use of the system
itself. They tack back and forth; they are within, yet beyond. They claim a right
to equality and right to difference, implying that ‘‘difference shall not constitute
a basis for inequality’’ (Dagnino, 1991, 15; Benmayor et al, 1997; Silvestrini,
1997). They illustrate a path forward that allows them simultaneously ‘‘to claim
and to deny their specificity,’’ to borrow the words of Nancy Fraser as she
grappled with what she called the ‘‘redistribution-recognition dilemma’’ (or,
later, the redistribution-recognition-representation triad) of people subject to
intersecting forms of economic, cultural and political injustice (Fraser, 1997, 16;
Fraser et al, 2004).11 In their struggles with the Border Patrol for dignity and
respect, residents of El Cenizo transcend liberal notions of citizenship by basing
11 For a critique of
and alternative
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40 r 2010 Macmillan Publishers Ltd. 1476-3435 Latino Studies Vol. 8, 1, 23–47
their practices and claims to rights on their sense of belonging and community
membership, or cultural citizenship. In this way, their rights claims attempt
to create a space within the existing system while at the same time striving to
reshape it.
L e s s o n s
What lessons or policy recommendations might we glean from this ethnography
of struggle at the US–Mexico border? First, El Cenizo residents’ experience
demonstrates the need for all Americans, particularly those in positions
of power in the federal government, to rethink our country’s policies of
immigration enforcement. Those who ‘‘guard’’ the border can never turn a
porous, living and breathing space into a sterile, impenetrable wall. Beliefs to
the contrary have led to the existence of an institution that relies on a myriad
of ethnic, classist and racial profiling tactics in order to carry out its mission
in borderlands communities and beyond. Not only is this sort of profiling
prohibited under federal law, but any policy that has the effect of terrorizing
a particular segment of the US population must be interrogated and
reconsidered.
Second, El Cenizo’s experiences offer important lessons for municipal
governments and local law enforcement. The city’s elected officials took
courageous steps in asserting that their principal responsibility is to ensure the
safety and wellbeing of local residents. While more and more municipalities in
the post-9/11 United States have begun to collaborate closely with immigration
officials, others have passed resolutions stating that the enforcement of
immigration laws is outside the purview of their abilities (Major Cities Chiefs
Immigration Committee, 2006; National Immigration Law Center, 2008;
U.S. Immigration and Customs Enforcement, 2008; U.S. Immigration and
Customs Enforcement, 2009). Like El Cenizo’s administration, those who
have rejected calls to embrace immigration-related duties recognize that
their ability to protect and serve their residents would be hindered were
they to take on the responsibilities of the Border Patrol, as it would
damage their relationships with residents and make it less likely that
individuals would report crimes or cooperate with law enforcement for fear
that they would be turned over to immigration authorities. Indeed, local
bodies choosing instead to act as immigration officials have reported such
problems, and would be wise to consider alternative policies such as those
enacted in El Cenizo.
Finally, El Cenizo’s experience demonstrates the importance of locally rooted,
community-led initiatives to hold elected officials accountable. As this
ethnography illustrates, such initiatives may be strengthened by cultivating a
diverse web of allies or by collaborating with politically engaged activists or
solution to
Fraser’s
‘‘dilemma,’’ see
Honneth (2004).
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41r 2010 Macmillan Publishers Ltd. 1476-3435 Latino Studies Vol. 8, 1, 23–47
researchers who can contribute technical support, labor power, political capital,
or other forms of knowledge and resources to the organizing effort. Moreover,
El Cenizo offers an example for other communities looking to cultivate social
membership, responsibility or a sense of belonging regardless of formal
citizenship status. The path taken here, of reclaiming a people’s simultaneous
right to equality and right to difference by appealing to standards of
international human rights, could be used as a model and adapted to local
needs throughout the borderlands and beyond.
By contesting the marginalization and oppression of borderlands peoples, El
Cenizo’s politics challenge United States citizens to broaden their accepted
notions of ‘‘Americanness’’ and membership in society to include communities
that have traditionally been excluded from such formulations. And as migration
to the United States shows no sign of dissipating in the foreseeable future, such
communities might be better understood as spaces that represent ‘‘normality’’ in
our increasingly transnational world:
The borderlands are just such a place of incommensurable contradictions.
The term does not indicate a fixed topographical site between two other
fixed locales (nations, societies, cultures), but an interstitial zone of
displacement and deterritorialization that shapes the identity of the
hybridized subject. Rather than dismissing them as insignificant, as
marginal zones, thin slivers of land between stable places, we want to
contend that the notion of borderlands is a more adequate conceptualiza-
tion of the ‘‘normal’’ locale of the postmodern subject. (Gupta and
Ferguson, 1992, 18)
By attempting to bring to the center what has long been liminal, Gupta and
Ferguson empower us to work to re-humanize immigrant and borderlands
communities in the eyes of dominant society.
Today we can see more clearly than ever that ‘‘the US has thrived not because
of its efforts at cultural homogenization, but despite them’’ (Flores and
Benmayor, 1997, 5). El Cenizo’s struggle with the Border Patrol, although
locally specific, couched in liberal discourse, and adhering strongly to notions
of equality and democracy, nevertheless affirms this community’s pride in its
cultural difference and challenges the limits imposed by civil society and
the state on groups deemed peripheral. Leaders in El Cenizo are forging
community, advancing participatory democracy, and asserting their status
as equal members of society in the United States both in recognition of and
despite their differences from dominant society, and these lessons speak loudly
at the local level and beyond. We have much to learn from such activism
from below, as it has the potential to positively effect social change, not
only in the lives of El Cenizo residents, but throughout the country and the
world.
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42 r 2010 Macmillan Publishers Ltd. 1476-3435 Latino Studies Vol. 8, 1, 23–47
A c k n o w l e d g e m e n t s
I am indebted to the people of El Cenizo for allowing me to participate in and
document their struggles for rights and respect, and to UCLA’s Institute for
Research on Labor and Employment and OSU’s Kirwan Institute for the Study
of Race and Ethnicity for their support as I prepared this article for publication.
Richard R. Flores, Charles R. Hale, Israel Reyna, and the anonymous
reviewers for Latino Studies provided critical feedback on earlier drafts, for
which I am especially grateful. I am responsible for all translations herein, as
well as any errors. I use pseudonyms throughout, except in cases of public
officials who granted me permission to publish their names.
A b o u t t h e A u t h o r
Angela C. Stuesse currently holds a postdoctoral fellowship at the Ohio State
University’s Kirwan Institute for the Study of Race and Ethnicity. Her academic
areas of interest include activist research, neoliberal globalization, migration,
race, labor and human rights. She received her PhD in Anthropology from the
University of Texas in 2008. Her dissertation, Globalization ‘‘Southern Style’’:
Transnational Migration, the Poultry Industry, and Implications for Organizing
Workers across Difference, is based on research carried out in rural Mississippi
from 2002 to 2008. Previously, she conducted politically engaged research in
the borderlands community of El Cenizo, Texas. Her work has been supported
by the Ford Foundation, the Social Science Research Council, the Woodrow
Wilson Foundation, and the School for Advanced Research (SAR), among
others. Her publications include articles in Human Organization, Estudios
Migratorios Latinoamericanos and Text, Practice, Performance, and a chapter
in the 2009 edited volume, Latino Immigrants and the Transformation of the
US South.
R e f e r e n c e s
Alvarez, R.R.J. 1995. The Mexican-US Border: The Making of an Anthropology of the Borderlands. Annual Review of Anthropology 24: 447–470.
American Friends Service Committee. 1990. Human Rights at the Mexico-US Border. Second Annual Report, Immigration Law Enforcement Monitoring Project.
Andreas, P. 1998. The U.S. Immigration Control Offensive: Constructing an Image of Order on the Southwest Border. In Crossings: Mexican Immigration in Interdisciplinary Perspectives, ed. M.M. Suárez-Orozco, 341–361. Cambridge, MA: Harvard University Press.
Anzaldúa, G. 1999. Borderlands/La Frontera, 2nd edn. San Francisco, CA: Aunt Lute Books.
Challenging the border patrol
43r 2010 Macmillan Publishers Ltd. 1476-3435 Latino Studies Vol. 8, 1, 23–47
Benmayor, R., R.M. Torruellas and A.L. Juarbe. 1997. Claiming Cultural Citizenship in East Harlem: ‘‘Si Esto Puede Ayudar a la Comunidad Mı́a’’. In Latino Cultural Citizenship: Claiming Identity, Space, and Rights, ed. W.V. Flores and R. Benmayor, 152–209. Boston, MA: Beacon Press.
Border Low Income Housing Coalition. 2008. FAQs: Economy of the Colonias, http:// www.bordercoalition.org/page2/page2.html, accessed 22 July 2008.
Border Network for Human Rights. 2005. Two US/Mexico Border Reports 2000–2005: The Status of Human and Civil Rights in the Border, 2000–2003 and 2004–2005, West Texas and Southern New Mexico, http://www.bnhr.org/pdf/BnhrReport2k-2k5.pdf, accessed 20 July 2009.
Brotherton, D.C. and P. Kretsedemas. 2008. Keeping Out the Other: A Critical Introduction to Immigration Enforcement Today. New York: Columbia University Press.
Calavita, K. 1994. Immigration and Policy Responses: The Limits of Legislation. In Controlling Immigration: A Global Perspective, ed W. Cornelius, P.L. Martin and J.F. Hollifield, 55–82. Stanford, CA: Stanford University Press.
Chang, G. 2000. Disposable Domestics: Immigrant Women Workers in the Global Economy. Cambridge, MA: South End Press.
Chavez, L.R. 1997. Immigration Reform and Nativism: The Nationalist Response to the Transnationalist Challenge. In Immigrants Out!: The New Nativism and the Anti-Immigrant Impulse in the United States, ed. J.F. Perea, 61–77. New York: New York University Press.
City of El Cenizo, T. 1999. Safe Haven Ordinance. no. 1999-8-3(b).
City of El Cenizo, T. 2000. Human Rights Commission Ordinance. no. 20-8-17.
Collins, P.H. 1998. Fighting Words: Black Women and the Search for Justice, Vol. 7. Contradictions of Modernity. Minneapolis, MN: University of Minnesota Press.
Cornelius, W. 2001. Death at the Border: Efficacy and Unintended Consequences of US Immigration Control Policy. Population and Development Review 27: 661–685.
Dagnino, E. 1991. Social Movements and Politics in the Building of Democracy in Brazil. Paper published at the Symposium on Portuguese Traditions, UCLA; 20–21 April, Los Angeles.
Dagnino, E. 1998. Culture, Citizenship, and Democracy: Changing Discourses and Practices of the Latin American Left. In Cultures of Politics, Politics of Cultures: Re-visioning Latin American Social Movements, ed. S.E. Alvarez, E. Dagnino and A. Escobar, 33–63. Boulder, CO: Westview Press.
De Genova, N.P. 2002. Migrant ‘‘Illegality’’ and Deportability in Everyday Life. Annual Review of Anthropology 2002: 419–447.
Dolhinow, R.E. 2005. Caught in the Middle: The State, NGOs, and the Limits to Grassroots Activism Along the US–Mexico Border. Antipode 37: 558–580.
Dunn, T.J. 1996. The Militarization of the U.S.–Mexico Border, 1978–1992: Low-Intensity Conflict Doctrine Comes Home. Austin, TX: Center for Mexican American Studies Books, The University of Texas at Austin.
El Mañana de Nuevo Laredo. 2000. Aperitivo (political cartoon). 24 August, Laredo, Texas: 13E.
Flores, R.R. 2002. Mexicans in a Material World: From John Wayne’s The Alamo to Stand Up Democracy on the Border. In Materializing Democracy: Toward a Revitalized Cultural Politics, ed. R. Castronovo and D.D. Nelson, 95–115. Durham, NC: Duke University Press.
Stuesse
44 r 2010 Macmillan Publishers Ltd. 1476-3435 Latino Studies Vol. 8, 1, 23–47
Flores, W.V. 1997. Citizens vs. Citizenry: Undocumented Immigrants and Latino Cultural Citizenship. In Latino Cultural Citizenship: Claiming Identity, Space, and Rights, ed. W.V. a. R. B. Flores, 255–277. Boston, MA: Beacon Press.
Flores, W.V. 2003. New Citizens, New Rights: Undocumented Immigrants and Latino Cultural Citizenship. Latin American Perspectives 30: 295–308.
Flores, W.V. and R. Benmayor. 1997. Constructing Cultural Citizenship. In Latino Cultural Citizenship: Claiming Identity, Space, and Rights, ed. W.V. a. R. B. Flores, 1–23. Boston, MA: Beacon Press.
Fraser, N. 1997. Justice Interruptus: Critical Reflections on the ‘‘Postsocialist’’ Condition. New York: Routledge.
Fraser, N., H.M. Dahl, P. Stoltz and R. Willig. 2004. Recognition, Redistribution, and Representation in Capitalist Global Society: An Interview with Nancy Fraser. Acta Sociologica 47: 374–382.
Fusco, C. 1989. The Border Arts Workshop/Taller de Arte Fronterizo: Interview with Guillermo Gómez-Peña and Emily Hicks. Third Text 7: 53–76.
General Assembly of the United Nations. 1948. The Universal Declaration of Human Rights, http://www.un.org/en/documents/udhr/, accessed 27 July 2009.
Gordon, E.T. 1998. Disparate Diasporas: Identity and Politics in an African Nicaraguan Community. Austin, TX: University of Texas Press.
Gupta, A. and J. Ferguson. 1992. Beyond ‘‘Culture’’: Space, Identity, and the Politics of Difference. Cultural Anthropology 7: 6–23.
Hale, C.R. 2001. What is Activist Research? Items (Social Science Research Council) 2: 13–15.
Hale, C.R. 2006. Más que un Indio/More than an Indian: Racial Ambivalence and Neoliberal Multiculturalism in Guatemala, 1st edn. Santa Fe, NM: School of American Research Press.
Hale, C.R, ed. 2008. Engaging Contradictions: Theory, Politics and Methods of Activist Scholarship. Berkeley, CA: University of California Press.
Harrison, F.V, ed. 1991. Ethnography as Politics. Arlington, VA: Association of Black Anthropologists and American Anthropological Association.
Heyman, J.M. 1998. State Effects on Labor Exploitation: The INS and Undocumented Immigrants at the Mexico-United States Border. Critique of Anthropology 18: 157–180.
Heyman, J.M. 2008. Constructing a Virtual Wall: Race and Citizenship in U.S.–Mexico Border Policing. Journal of the Southwest 50: 305–334.
Holland, D., G. Eng, D. Powell and G. Drew. forthcoming. Models of Engaged Scholarship: An Interdisciplinary Group’s Examination of Choices, Actions, Methods, and Strategies for Engaged Scholarship at the University of North Carolina at Chapel Hill. Manuscript submitted for publication to Collaborative Anthropologies.
Honneth, A. 2004. Recognition and Justice: Outline of a Plural Theory of Justice. Acta Sociologica 47: 351–364.
Houston Chronicle. 1999. Roaring in Spanish: Border Town’s Official Language Declaration Ill-Advised. 19 August, Star edn: A30.
Hyatt, S.B. and V. Lyon-Callo. 2003. Introduction: Anthropology and Political Engage- ment. Urban Anthropology 32: 133–146.
Kearney, M. 1991. Borders and Boundaries of State and Self at the End of Empire. Journal of Historical Sociology 4: 52–74.
Challenging the border patrol
45r 2010 Macmillan Publishers Ltd. 1476-3435 Latino Studies Vol. 8, 1, 23–47
Kelley, R.D.G. 1997. Yo’ Mama’s DisFUNKtional!: Fighting the Culture Wars in Urban America. Boston, MA: Beacon Press.
Lugo, A. 2000. Theorizing Border Inspections. Cultural Dynamics 12: 353–373.
Lytle Hernandez, K. 2010. MIGRA! A History of the U.S. Border Patrol in the U.S.–Mexico Borderlands. Berkeley, CA: University of California Press.
Major Cities Chiefs Immigration Committee. 2006. Recommendations for Enforcement of Immigration Laws by Local Police Agencies, http://www.houstontx.gov/police/pdfs/ mcc_position.pdf, accessed 20 July 2009.
Maril, R.L. 2004. Patrolling Chaos: The U.S. Border Patrol in Deep South Texas. Lubbock, TX: Texas Tech University Press.
National Immigration Law Center. 2008. Laws, Resolutions and Policies Instituted Across the U.S. Limiting Enforcement of Immigration Laws by State and Local Authorities, http://www.nilc.org/immlawpolicy/LocalLaw/locallaw-limiting-tbl-2008-12-03.pdf, accessed 20 July 2009.
Núñez, G.G. 2006. The Political Ecology of Colonias in the Hatch Valley: Towards an Applied Social Science of the U.S.–Mexico Border. PhD dissertation, Department of Anthropology, University of California, Riverside.
Núñez, G.G. and J.M. Heyman. 2007. Entrapment Processes of Immigrant Communities in a Time of Heightened Border Vigilance. Human Organization 66: 354–365.
Ong, A. 1996. Cultural Citizenship and Subject Making: Immigrants Negotiate Racial and Cultural Boundaries in the United States. Current Anthropology 37: 737–751.
Orr, M. 2007. Transforming the City: Community Organizing and the Challenge of Political Change. Lawrence, KS: University Press of Kansas.
Ortiz, N. 2000. The Dangers of Unguarded Discretion: The Unconstitutional Stops of Buses by Roving Patrols. Scholar: Saint Mary’s Law Review on Minority Issues 2: 289–321.
Paredes, A. 1993. On Ethnographic Work Among Minority Groups. In Folklore and Culture on the Texas Mexican Border, ed. R. Baumann, 73–110. Austin, TX: CMAS Books, University of Texas.
Perea, J.F, ed. 1997. Immigrants Out!: The New Nativism and the Anti-Immigrant Impulse in the United States. New York: New York University Press.
Rosaldo, R. 1997. Cultural Citizenship, Inequality, and Multiculturalism. In Latino Cultural Citizenship: Claiming Identity, Space, and Rights, ed. W. V. a. R. B. Flores. Boston, MA: Beacon Press.
Sandoval, C. 1991. U.S. Third World Feminism: The Theory and Method of Oppositional Consciousness in the Postmodern World. Genders 10: 1–24.
Sanford, V. and A. Angel-Ajani. 2006. Engaged Observer: Anthropology, Advocacy, and Activism. New Brunswick, NJ: Rutgers University Press.
Silvestrini, B.G. 1997. The World We Enter When Claiming Rights’: Latinos and Their Quest for Culture. In Latino Cultural Citizenship: Claiming Identity, Space, and Rights, ed. W.V.a.R.B. Flores, 39–53. Boston, MA: Beacon Press.
Speed, S. 2008. Rights in Rebellion: Indigenous Struggle and Human Rights in Chiapas. Stanford, CA: Stanford University Press.
Stack, M.K. 2000. Border City’s Growing Pains Set off Struggles with Federal Government. In Associated Press State & Local Wire, BC Cycle edn.
Stuesse, A.C. 2001. Claiming Rights and Resources in El Cenizo, Texas: A Story of the Ongoing Struggle Toward Social Equality in the United States. Master’s thesis, Institute of Latin American Studies, University of Texas at Austin, 185pp.
Stuesse
46 r 2010 Macmillan Publishers Ltd. 1476-3435 Latino Studies Vol. 8, 1, 23–47
Stuesse, A.C. 2002. ‘‘Mayheeco’’ Meets ‘‘American Culture’’: Contesting Prescriptions of Authenticity for the Border and Beyond. Text, Practice, Performance IV: 11–31.
Stuesse, A.C. 2008. Globalization ‘‘Southern Style’’: Transnational Migration, the Poultry Industry, and Implications for Organizing Workers across Difference. PhD dissertation, Department of Anthropology, University of Texas at Austin.
Stuesse, A.C. 2010. What’s ‘‘Justice and Dignity’’ Got to Do with It? Migrant Vulnerability, Corporate Complicity, and the State. Human Organization 69, 1: 19–30.
Stuesse, A.C. and N. Vielma. 2000. People of El Cenizo Offer Lesson in Community Activism: Struggle to Regain Control of Parkland Successful. LareDOS: A Journal of the Borderlands VI, 20, 69.
Sudbury, J. 1998. ‘‘Other Kinds of Dreams’’: Black Women’s Organizations and the Politics of Transformation. London: Routledge.
Sugrue, T. 1996. The Origins of the Urban Crisis: Race and Inequality in Postwar Detroit. Princeton, NJ: Princeton University Press.
Turner, T. 1997. Human Rights, Human Difference: Anthropology’s Contribution to an Emancipatory Cultural Politics. Journal of Anthropological Research 53: 273–291.
U.S. Census Bureau. 2000. Census 2000 Summary File 1, http://factfinder.census.gov/ servlet/GCTTable?_bm=y&-geo_id=04000US48&-_box_head_nbr=GCT-PH1&-ds_name= DEC_2000_SF1_U&-format=ST-7, accessed 13 July 2009.
U.S. Census Bureau. 2001. Basic Facts: Geographic Comparison Table, http://factfinder .census.gov/bf/_lang=en_vt_name=DEC_2000_PL_U_GCTPL_ST7_geo_id=04000US48 .html.
U.S. Immigration and Customs Enforcement. 2008. Delegation of Immigration Authority Section 287(g), Immigration and Nationality Act, http://www.ice.gov/partners/287g/ Section287_g.htm, accessed 20 July 2009.
U.S. Immigration and Customs Enforcement. 2009. Secretary Napolitano announces new agreement for state and local immigration enforcement partnerships and adds 11 new agreements, http://www.ice.gov/pi/nr/0907/090710washington.htm, accessed 20 July 2009.
Vargas, J.H.C. 2006. Catching Hell in the City of Angels: Life and Meanings of Blackness in South Central Los Angeles. Critical American studies series. Minneapolis, MN: University of Minnesota Press.
Velez-Ibañez, C., G. Nunez and D. Rissdo. 2002a. ‘‘Off the Backs of Others’’: The Political Ecology of Credit, Debt, and Class Formation and Transformation among the Colonias of New Mexico and Elsewhere. In Both Sides of the Border: Transboundary Environmental Management Issues Facing Mexico and the United States, ed. L. Fernandez and R.T. Carson, 97–116. Dordrecht, The Netherlands: Kluwer Academic Publishers.
Vélez-Ibañez, C.G., A. Sampaio and M. González-Estay. 2002b. Transnational Latina/o Communities: Politics, Processes, and Cultures. Lanham, MD: Rowman & Littlefield.
Ward, P.M. 1999. Colonias and Public Policy in Texas and Mexico: Urbanization by Stealth. Austin, TX: University of Texas Press.
Whitworth, D. 1999. Texas Town Bars English Language. The Times (London) 14 August, Overseas News.
Challenging the border patrol
47r 2010 Macmillan Publishers Ltd. 1476-3435 Latino Studies Vol. 8, 1, 23–47
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