ABSTRACT

In this chapter, Alfredo Mirandé, a sociologist and practicing attorney, focuses not only on the social construction of Whiteness but on how White privilege plays out in an immigration context and affects the selective enforcement of the Fourth Amendment prohibition against unreasonable searches and seizures by ICE and the Border Patrol, as well as the legal doctrine surrounding the constitutionality of border stops. Specifically, he looks at how racialization is embedded in border enforcement and immigration stops and concludes that, in an immigration context, there is an unstated Mexican or Latino exception to the Amendment, which has led to an evisceration of Fourth Amendment protections for Mexicans and “Mexican-looking” people.