The Criminalization of Latino Youth

Criminalization of

Latino Youth

By: Maria de Jesus Lopez Zamudio

Students at Loyola Marymount University Maria Lopez Zamudio ‘19 Ileana Lam ‘20 Maria Tropp ‘21

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Message from the Editors ……………..……………. 2 Historical Context .………..………………………... 3-6 Punishing Latina/o Youth …...……………..……….. 7-8 School to Prison Pipeline ..……..………………….... 9-10 Gender Dynamics ...........…..……………..………… 11-12 Solutions, Not Punishment…………………………. 13-14 Perceptions ...……..…………………………………. 15-16 Criminalization of Latino Youth ......…..………….. 17-18 Politics ...…………………………………………….. 19-20 Self-Fulfilling Prophecy ...…..……………..……….. 21-22 Four Ways to Make a Change ....…………………... 23-24 Bibliography …….....……………...………………... 25

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A Message from the Editors eReader, This Zine is to inform you, or whoever you may choose to share it with, about the criminalization of Latino youth. In this time of fueled politics and racial issues, the criminalization of Latino youth is affected by the history, current actions, and perceptions that society holds. We relate the criminalization of Latino youth to intersectionality, possessive investment of whiteness, and settler colonialism. With this Zine, our goal is to inform you about the criminalization of Latino youth and the different facets that surround it. Read with an open mind, and the way you perceive this topic may change, for the better of youth that are affected by it. We hope that from the different ways we present the criminalization of Latino youth and all the factors that go into it, you will understand the injustices youth face, and some of the reasons why.

Sincerely, Students at Loyola Marymount University Maria Lopez Zamudio ‘19 Ileana Lam ‘20 Maria Tropp ‘21 2

Historical Context to In City of Inmates by Kelly Lytle Hernandez

In reaction, Clements and other

argues that incarceration equals elimination.

businessmen wanted to gain the support of

Specifically how this affected Latinos is the creation

Nativists instead of fighting against their

of U.S. laws that made them deportable by the

beliefs. In response, Senator Blease from South

decision of U.S. citizens with more privilege and

Carolina passed Blease’s bill in 1929 that

power, Current ideas about “illegal aliens” and the

criminalized unlawful entry in the United

criminality of being undocumented come from this

States. This bill specifically targeted Mexican

long lineage of legal constructions. The current

immigrants because it was a loophole for the

negative perceptions that Latino youth face are due

the decriminalization of unlawful residing in

to this history.

the U.S. in the ruling for Fong Yue TIng and

In the 1920s agri-businessmen did not want

Wong Wing. This bill was made to appease

to lose unrestricted Mexican immigration. However,

both agri-businessmen and Nativists. Targeted

they faced opposition from Nativists in Congress.

deportation of Mexicans now was a passed law

Clements, a lobbyist for agri-businessmen, argued

and it was seen as good for agri- businessmen

that they should not restrict Mexican immigration

who wanted a temporary work force.

and assured Nativists, “Mexican deportability was a social fact that Congress could depend on when voting to leave Mexican immigration unrestricted” (Hernandez, 136). These sentiments showcase that Latinos were only seen as pawns to help gain personal wealth.

Image from City of Inmates

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Latino Criminalization Blease’s bill caused an immense surge of Mexican imprisonment. This also lead to the building of new jails and prison all over the United States. The construction of Latino criminality was used to serve the interests of Nativists and agri businessmen. With the passing of Blease’s Bill, Latino migration became attached to immorality. With these laws, Latinos were criminalized and began to be seen as unwelcome migrants and lawbreakers. This image affects Latinos today, with their identities and statuses assumed as criminal.

-Ileana Lam

Images Above and Below from City of Inmates

Image from Google

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Historical Context to During the 1990s, conservative criminologists

Latino youth are being criminalized because

and politicians developed influential ideas and policy

of the suspicion of illegal status and because of

recommendations for controlling ‘‘superpredator’’

their phenotype. Most minorities are never been

‘‘teenage time-bombs,’’ a message that the media

given the opportunity to seek a different path which

consistently spread to the public. Both Rios (2008)

leads the majority to fulfill a self-fulling prophecy

and Schept, Wall, and Brisman (2014) discuss the

caused by systematic oppression.

idea that in the mid 1990’s there was a rise of the idea of “youth superpredator.” Although the “youth superpredator never arrived, the policies sustaining and perpetuating the pipeline remain. The superpredator thesis exacerbated the youth crime problem leading to the hyper criminalization of black and Latino youth (Rios, 2006). The development of punitive juvenile justice policy in the 1990s was influenced by racialized constructions of Black and Latino youth as ‘‘superpredators’’ by intellectuals, politicians, and the media.

Specifically these communities have faced hyper criminalization resulting in mass incarceration. We are losing the opportunity to educate individuals who could advance this nation by labeling them “at-risk youth.” Instead we should shift the perspective to “at-promise” (Rios, 2015) and set these young men on the path of higher education instead of criminality at a young age.

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Latino Criminalization Latinos are criminalized throughout different

Thomas (2013) argues that there is

avenues in their lives, resulting in a cycle of

institutional racism that normalizes imprisonment

criminality and mass incarceration. There is a clear

for minorities that dates back to the rhetoric of “law

connection between overall criminalization of Latino

and order,” which was first mobilized in the 1950s.

youth and its connection to the United States’

Rios (2008) discusses how “get tough” legislation

production of illegality being portrayed as Latinos. In

specifically targeted Black and Latino youth, for

current media and news outlets that the face of

example, California’s Proposition 21 in the year

“illegality” is being portrayed by Latinos, whether or

2000 turned situations that would previously have

not they are undocumented.

been misdemeanors into felonies.

Since the 1920’s, “the idea that Mexican undocumented immigrants are ‘criminals’ has continued in public discourse” (Chavez, 2008, p. 26),

This resulted in turning delinquency into

public anxiety over undocumented immigration has

serious crime. Together they demonstrate how

increased as legal immigration increased in 1965. In

current and previous policies have resulted in the

California, Mexican immigrants have historically

incarceration of minorities.

been seen as displacing citizens from jobs; this can

- Maria Lopez Zamudio

still be seen today through President’s 45 rhetoric.

Illustrations from Google

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Punishing Latina/o According to the Children’s Defense Fund

In addition, criminalization and school

(2015), every thirty seconds, a Latino High school

punishment also leads to an unfavorable reputation

student drops out. Latino high school students tend to

for Latina/o students. Teachers and other students

have this elevated dropout rate as a result of an

may not view them as having the same capacity

increased amount of punishment that they face at

for academic success as other students; this further

school compared to their white peers. Punishment at

perpetuates the cycle of criminalization of the

school can come in the form of school policies such

students. Because of the recurring theme of

as, “detentions, suspensions and truancy policies.”

punished and criminalized Latino/a youth, staff

(Peguero 99). This criminalization of Latino youth

have a belief that the students do not care about

leads to the adverse effects of dropping out. The

school and are less likely to be helpful. But this in

ramifications of dropping out can be detrimental.

turn causes the students to receive even less

Dropping out of high school leads to weakened health

support and makes them more likely to dropout.

throughout one’s life, the increased likeliness of drug

Without the same structural support, in addition to

use, unemployment, and incarceration. For decades,

being perceived as inclining towards delinquency,

research has shown that school punishment leads to

Latino/a students face racialized obstacles for their

poor test scores, academic failure, and the increased

academic success. This event leads to a perceived

risk of dropping out. Furthermore, “Punished Latina/o

“achievement gap” between racial and ethnic

students receive fewer opportunities than their peers

groups.

to obtain necessary classroom instruction, which increases the risk of academic failure” (Peguero 99).

7 Illustration by Jonathan Shin for Huffington Post

Image by Kamil Krzaczynski

Youth in School Neglect at school is also different depending

As a result, the Latino/a student

on a student’s gender. For Latina students there is a

perception of justice in the school system and

greater racial disparity of dropping out between them

faith in fair, equal treatment is diminished.

and white female students than between Latino

There is a clear divide between the two groups,

students and white male students. Punishment for

and it shapes the student’s own view of their

Latina students leads to disengagement from learning.

own social standing and self worth. Being

Discomfort with security procedures like metal

punished at school increases the probability of

detectors deter attendance. Also, faculty and teacher

dropping out for Latinas and Latinos and past

assume that Latina students are disinterested in

studies suggest that they are being

school and that causes them to become actually

disproportionately punished compared to white

detached from school. Moreover, once Latina girls

students, despite not misbehaving any more

leave school it is unlikely they will return.

than them.

Criminalization at school affects Latino and

-Ileana Lam

Latina youth differently. Latino boys are perceived as aggressive and prone to trouble-making, causing them to receive extra monitoring from teachers and other faculty. Latino students receive more subjective, extralegal punishments while white students’ punishments remain fair and objectively executed. For example, a Latino student would likely be harshly punished for perceived disrespect, while a white student would be punished for smoking, a

Image from Google

blatant and objective violation of school policies.

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The Prison to School Pipeline The school to prison pipeline is a phrase used to describe the phenomena where youth are pushed out of the public school system into criminal justice systems. The Diagram on the bottom left corner depicts the multiple places students of color are being pushed out of school. This demonstrates how schools are complicit with the mass incarceration of minorities, where those being pushed out of the public school system tend to be the youth of color. Black and Latino students are pushed with out-of-school suspensions at a higher rate than white students and for less serious infractions. School policies and practices result in the criminalization of students rather than educating them (Thomas, 2013). School discipline procedures are also directly connected to the hierarchies of race and color (Hunter, 2013).

Through the form of suspension and expulsion, schools places the youth at risk into involvement in the juvenile justice system, by removing them from school (Monahan, 2014).

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Maria Lopez Zamudio

9 https://csulauniversitytimes.com/6088/news/the-chicanoa-and-latinoa-educational-pipeline/ 7

Endless Cycle It is although Latino was synonym for Criminal Told to go to go to school put forced into Prison The “School to Prison Pipeline” is what Scholars call it I see it as my brothers reality Told by those who are suppose to nurture That he won’t have a good future Teachers assuming that he is a thug When all he wants is a simple hug Love of learning turns into hate Because police “stop and frisk” since he was eight Institutional Racism shaping his life When he just dreams to be a good husband to his loving wife

Behind bars is where he stays Through a glass window he sees his kid Dreaming For a better future for his son Until he finds out his kid own a gun Not to use as a weapon But for pure protection All because He was forced into the wrong crowd Since Societies scream’s They were too loud -

Maria Lopez Zamudio

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DRAWING REPRESENTING GENDER DYNAMICS AROUND CRIMINALIZATION

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Illustration by Ileana Lam

How Color and Gender Play a Role Maria Lopez Zamudio It is important to note that darker skin tone

beauty standards, a possible reason on

significantly increases the odds of suspension.

why lighter skin students of the same race are

According to Hannon (2013), the odds of suspension

perceived to have fewer behavioral problems.

were about 3 times greater for young African women

This shows that the school-to-prison pipeline

with the darkest skin tone compared to those with the

not only criminalizes black and Latino youth,

lightest skin. Hunter (2013) states that the inequality

but those who have darker skin complexion.

by skin tone is known as colorism and it contributes

Colorism and gender roles play a big role in

to larger patterns of racial inequality for African

criminalizing the young men of color. This

Americans and Latina/os. Males tend to get

relates to intersectionality, because of the way

suspended more than girls, this is because male

that skin color and gender affect youth. In

suspension tends to be related to the stereotype that

summary, the literature in this area

they are “dangerous,”while for girls it tends to be for

demonstrates that minority youth are receiving

“being loud,” and not following the white norm of

exclusionary discipline. Black and Latino youth

feminine rather than the potential for violence.

are getting kicked out of the schools and being

Hannon (2013), covers the importance of both skin

lead straight to the jail system.

tone and the intersectionality it plays with gender, while Hunter (2013) focuses on the effects colorism has on African Americans and Latina/os students.

Lighter-skinned students of color may seem more attractive because of the White and Anglo

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Youth are constantly being pushed out at every direction. One of the most harmful, ineffective and expensive forms of incarceration is the youth prison, the signature feature of nearly every state juvenile justice system. For many young people, entering a youth prison closely resembles the experience of entering an adult prison. Youth prisons harm kids. Incarcerated youth often experience dangerous facility conditions such as physical and chemical restraints, high suicide risk, sexual and physical abuse, and solitary confinement. More money is invested in sending students of color into the prison system, than helping them pursue higher education. If you want to support school programs and be part of the solution, we advise you to be apart of the Youth First Initiative and take action.

Be part of the change you hope to see in the future.

http://www.youthfirstinitiative.org/ 13

-Maria Lopez Zamudio

https://encrypted-tbn0.gstatic.com/ images?q=tbn:ANd9GcQyO_BlZ3Z FQqFX9eCNTzdDMBLd3TurQ6dQH Pqs0MiypOQdP892 Places like Homeboy Industries also help to support Latino/a youth who are coming out of jail,

so they can assimilate back into society and not commit the same mistakes that could lead back to incarceration. Homeboy Industries provides job training and development, education, legal services, mental health services, substance abuse support, tattoo removal, and domestic violence support.

Through all these services, Homeboy Industries hopes to redirect youth away from the crime in their live . On their website, they state “Recidivism among youthful offenders is extremely high: 2/3 will be re-arrested, up to 1/3 re-incarcerated within a few years after release.� Because of this, they are a leading force in pushing rehabilitation, instead of re-incarceration.

-Maria Tropp

https://www.homeboyindustries.org

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Perceptions Maria Tropp Perception is a large aspect in the criminalization specifically to de-hyper-criminalize youth, of Latino youth. The way that police perceive Latino because it leads to negative interactions between each youth, and vice versa, leads to the type of relationship group. In turn, others form opinions based off the each individual has with another, whether it be positive, negative encounters that occur, and the cycle negative, or neutral. Many past incidents that Latino continues to a relational conflict between police and youth and police have been involved with can also lead Latino youth. This relates to the possessive to perceptions that one has for another. Police have used investment of whiteness, because of how white police “aggressive policing tactics… intended to restrict and officers racially profile Latino youth and target them. criminalize Latino/a youths’ use of public space” (Solis, Latino youth are opposed to policing and have Portillis, and Brunson 39). Some individuals view these negative perceptions of police because of “frequent, tactics as police trying to control society. Police officers negative public encounters with officers” (Solis, backgrounds in Latino neighborhoods often vary from Portillis, and Brunson 44). Youths perceive that the members of the community. Because of that, officers police have “lack of concern about Latino/a do not understand the ways of the community and social neighborhoods” and also fear “becoming crime workings, or may have skewed ideas about how victims due to inadequate police protection and members of the community act. Some officers begin to negative treatment from officers” (Solis, Portillis, and racially profile Latino youth as criminals, and begin to Brunson 45). Both of these factors lead to a shift in hyper-criminalize them. They also start to label all perception of police forces; from the goal that they Latinos as undocumented, and do not see the difference work to protect you, to the fear that they will not between the two as they become a metonym for each protect members of the community and instead will other. If they venture into these neighborhoods with a be the ones that will inflict harm. Latino youth have biased opinion and enforce tactics based off of their both seen and heard of these negative encounters, perceptions, it leads to conflict. Officers need to shift leading to a fixed mindset and perception of police their perceptions of the Latino community and youth,

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officers. The difference in Latino youths’ perceptions of police often differ based on gender.

Male Latinos believe their negative experiences with the police “are connected to racism and discrimination,” while on the other hand, female Latinas add a “sexualized component to their encounters” (Solis, Portillis, and Brunson 48). The difference in these perceptions leads to different treatment to police officers by Latino youth.

Obviously, there needs to be a change on both ends. Police officers who work in areas with Latino youth present need to go in without preconceived notions and perceptions of the people in the area, because it leads to aggressive and unfair tactics. With this change, there can be a more positive perception from Latino youth. They need to see police change for the better, because they have witnessed and been subject to hyper-criminalization because of police perception. Only then will they be able to not label all police officers as negative and not doing the tasks, such as protecting and caring for them, that they were meant to do.

Images from Google 16

Criminalization of Brown Bodies

by Maria Lopez Zamudio

The classroom is a space to learn Earn your degree and move up in life But what happens if you're brown?

Brown bodies are neglected Looked right at their faces With pure disgust and disgrace It doesn't matter if they’re good Most people just assume Brown means hood Eses and cholas getting high from addiction While folk don’t realize it’s all fiction Merely a depiction from Hollywood False Criminal, Gangster… it’s all just stereotypes With real world consequences for those with dark phenotypes But don’t be a fool Don’t assume brown bodies can never be number one in school Many put their backpack on Brown bodies trying to make it on the world on their own People constantly making them feel as though they are less The world on their shoulders It's causing them stress Obstacles to big to move, they seem like boulders

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Latino Youth America’s Most Wanted

by Maria Lopez Zamudio Was straight A student Trying to be resilient Walking in Khaki pants and a white tee Never knowing who he’s going to be Thinking everything will be alright Till one day, one word It changed his world Yelled to “STOP!” By the black and white Running off when the Sirens sound Not because he’s guilty But because he’s too proud Doesn’t see the point He doesn't even have a joint But knows cops don’t care They just see his dark skin and Black hair Future Doctor, Lawyer, or even Politician But you will never know Sent to Prison Because he fit the description

Image from GoogleI 18

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Politics Maria Tropp The increased sentencing and altering of laws regarding youth crime has lead to the increase of Latino youth being hyper-criminalized. Some of laws, such as California’s Proposition 21, which was passed in 2000 has increased the criminalization of youth, specifically targeted at Latino youth. Many of the changes that Proposition 21 implemented increased sentencing based on severity of crimes and have moved from trying them individuals as youth in court to trying and charging them as adults. For example, a law “made $400 worth of property damage into a felony (previously felony damage had to be in the excess of $50,000)” (Rios, The Racial Politics 98).

Because of this change, Latino youth who are caught damaging property and charged with a felony, such as, illegally tagging property by spray painting, have an increased sentencing and have more permanent charges placed on their records. This crime, that had little to no malicious intention behind it, has caused youth to be severely charged and punished. The hyper-criminalization of Latino youth by changes in politics leads to negative effects when they are charged, and in their future. Youth are being treated as high risk adult felons, instead of juveniles who commit misdemeanors: “proponents of Proposition 21 constructed a discourse that converted juvenile delinquency… as a serious criminal threat to society”

Image from Google (Rios, The Racial Politics 105). By creating the idea that minor Latino youth crimes equal serious adult felonies, the stigma that all Latino youth are criminals in whatever they do. It leads to the cycle of incarceration and hyper-criminalization. Additionally, changes in political policies have shifted from rehabbing youth who are troubled to punishing them for their infractions. The wording “adult time for adult crime” has gained traction politically and is seen as an excuse or reason for the severe punishment that Latino youth face (Rios, The Racial Politics 99). Instead of being counseled for the reasons why their misdemeanors or felonies are wrong and helped to understand and not live the life of crime, youth are instead pushed into the system of incarceration. This may lead them to become repeat offenders or continue on with crime that is more extreme in nature and again face incarceration. The system is essentially giving up on Latino youth, and forcing them into a life of punishment, instead of rehabilitating them to live a better life. Because of this, youth can additionally be hyper-criminalized because they are expected to commit crimes again because of the lack of policies for rehabilitation. This relates to settler colonialism, because individuals would rather incarcerate Latino youth and put them in jail, than rehab them so they can integrate back into society.

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Self-Fulfilling Prophecy Maria Tropp Latino youth often go through hyper-criminalization.

criminals that they were never going to become before the

Youth can be hyper-criminalized from teachers, parents,

hyper-criminalization started. Adding to this self-fulfilling

disciplinary forces, and other adults in the community they

prophecy is the racist ideologies surrounding

live in. It can occur at school, home, and in public areas.

hyper-criminalization. As the youth are Latino, members of

When youth are hyper-criminalized, they “are systematically

the community may characterize them as criminals, because

constructed as criminals and face the wrath of the penal state

of the stereotypes placed around criminals and race. This

and criminalization” (Rios, The Hyper-Criminalization 41).

racist ideology is “embedded… in the everyday perceptions

Many of these youth face hyper-criminalization at young

of everyday people responsible for the well-being of children

ages, which can take a toll on the youth’s psyche. When

of color” (Rios, The Hyper-Criminalization 51). Individuals

youth are hyper-criminalized everyday and in every place

do not see the difference between the youth being Latino, and

they go, it leads them to believe they are the criminals that

the youth being criminals. They mold the two into one,

they are labeled as, creating a self-fulfilling prophecy. This

leading to excessive hyper-criminalization of all Latino

constant criminalization, whether it occurs at home from

youth, regardless of their criminal history, or lack thereof.

parent(s), at school from teachers, or from other members of

Hyper-criminalization of Latino youth needs to end. By

the community negatively affects youth. When others observe

characterizing Latino youth as criminals, because of their

the hyper-criminalization of Latino youth, they too may start

previous actions, others perceptions, and race, there is a

to de facto characterize youth as criminals, and start acting

negative toll placed on these youth’s psyche. They may start

differently than they usually would around the youth.

to believe they are the criminals that everyone else perceives

Scolding, constantly questioning, monitoring, and harshly

them to be, and as a result, may become them through

disciplining the youth are ways that hyper-criminalization

criminal actions. There needs to be a differentiation and

may occur. Because of this, youth may start accepting the

realization between actual troubled youth, and Latino youth.

negative perception that everyone else has placed on them on and start acting on it. In turn, they may become the

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Four Quick Steps to Make a Change 1. Find and Contact your Representative https://www.house.gov/representatives/find-your-representative

2. Share this Zine with Friends 3. Talk to Latino Youth and Hear Their Story 4. Ask Why?

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Image from google

You Can Stop the Criminalization of Latino Youth 23 -Ileana Lam, Maria Tropp and Maria Lopez Zamudio

How will you change the criminalization of Latino youth?

Image By: Maria Tropp

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Bibliography Chavez, L.. The Latino Threat: Constructing Immigrants, Citizens, and the Nation.

Stanford: Stanford University Press. 2008.

Hernandez, Kelly Lytle. City of Inmates: Conquest, Rebellion, and the Rise of Human Caging in Los Angeles, 1771-1965. Chapel Hill: The University of North Carolina Press. 2017.

Hunter, M. “Colorism in the Classroom: How Skin Tone Stratifies African American and Latina/o Students.” Theory Into Practice no. 55, 54-61. 2016 Peguero, Anthony A., Bondy, Jennifer M., Shekarkhar, Zahra. “Punishing Latina/o Youth: School Justice, Fairness, Order, Dropping Out, and Gender Disparities.” Hispanic Journal of Behavioral Sciences no. 39, 98-125. 2017.

Rios, Victor M. “The Hyper-Criminalization of Black and Latino Male Youth in the Era of Mass Incarceration.” Souls: A Critical Journal of Black Politics, Culture, and Society no. 8.2, 40-54. 2006.

Rios, Victor M. Punished: Policing the Lives of Black and Latino Boys. New York University Press. 2011.

Rios, Victor M. (2015, November). Help for Kids the Education System Ignores. Video File. Retrieved from https://www.ted.com/talks/victor_rios_help_for_kids_the_education_system_ignores Rios, Victor M. “The Racial Politics of Youth Crime.” Latino Studies no. 6, 97-115. Palgrave Macmillan Ltd. 2008.

Schept, Judah, Tyler Wall, and Avi Brisman. "Building, Staffing, and Insulating: An Architecture of Criminological Complicity in the School-to-Prison Pipeline." Social Justice 41, no. 4 (138) 96-115. 2014.

Solis, Carmen, Portillos, Edwardo L., Brunson, Rod K. “Latino Youths’ Experiences with Perceptions of Involuntary Police Encounters.” The ANNALS of the American Academy of Political and Social Science no. 623, 39-51. 2009.

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