In 2010, the Alabama GOP took control of the state legislature for the first time since Reconstruction. The next year, in a sharply partisan vote, the legislature passed, and Governor Robert Bentley (R) signed into law, the Beason-Hammon Alabama Taxpayer and Citizen Protection Act, also known as House Bill 56, the harshest immigration law in the country. This punitive state law was the impetus for Black elites in Birmingham to frame the immigration debate as a matter of civil rights and thus to see the issue in a new light. When Alabama Republicans moved to the Right on immigration, Black leaders in Birmingham moved Left. In this study, backed up by an event analysis of local newspapers, an analysis of interviews with members of the Black elite in Birmingham in 2013, who were previously interviewed in 2007, helps to substantiate this claim. In the summer of 2007, against the backdrop of an immigration debate in Washington, our Black elite study participants largely told us they had no stake in immigration. By 2013, many were willing to fight for immigrant rights at the highest level.

In this paper, we apply Omi and Winant's theory of racial formation to understand how a new racial category of “Latino” is being created within Atlanta, a city firmly entrenched in a Black/White binary of race. Comparing Dominicans and Guatemalans in the Atlanta metro area, we show how two processes are “racializing” Latinos: 1) the homogenization of Latinos into a single “race” through state laws and policies and 2) the diversified understandings of and responses to race and racial categorization among Latinos based on their national origin and ethnicity and the specific Atlanta context. We argue that in moving beyond the Black/White binary, state laws that racialize Latinos create a two-dimensional category, with a homogenized “Latino” category as one axis and an illegal/legal distinction as the second axis. The meanings attached to “race” and the consequences that Latinos experience from racialization depend upon their perceived or actual legal status.