1893: “The statute defined colored as ‘all persons of mixed blood descended from Negro ancestry. Thus Mexicans in the state were segregated by custom rather than by law…” (Foley)

1893: state segregation law for schools still defines “colored” as “Negro ancestry” / BB&W, 129

Second, Plessy v. Ferguson did not apply to Mexicans, inasmuch as they were officially recognized as “white.” In Texas, for example, the legislature passed a law in 1893, six years before the Supreme Court mandated “separate but equal” facilities for blacks and whites, that required separate schools for the state’s white and “colored” children. The statute defined colored as “all persons of mixed blood descended from Negro ancestry.”[11] Thus Mexicans in the state were segregated by custom rather than by law, and school districts defended the practice on the grounds that Mexican children did not speak English and spent part of the school year with their families as migrant agricultural workers. When Mexican American civil rights activists were able to show that Mexican children were arbitrarily segregated, regardless of English-language facility, the courts generally ruled in favor of the plaintiff Mexican Americans.[12]

Neil Foley, "Partly Colored or Other White: Mexican Americans and Their Problem with the Color Line," in Beyond Black and White: Race, Ethnicity, and Gender in the U.S. South and Southwest, ed. Stephanie Cole and Alison M. Parker, 123-144 (College Station: Texas A&M University Press, 204), 129.

 

  1. [11]C. H. Jenkins, The Revised Civil Statutes of Texas, 1925, Annotated, (Austin: H. P. N. Gammel Book Co., 1925), vol. 1, p. 1036.
  2. [12]See Guadalupe San Miguel, Jr., “The Origins, Development, and Consequences of the Educational Segregation of Mexicans in the Southwest,” in Chicano Studies: A Multidisciplinary Approach, ed. by Eugene E. García, Francisco Lomeli, and Isidro Ortiz (New York: Teachers College Press, 1984), pp. 195-208.

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