Race, Labour, Law, and Capitalism: The Case of US Naturalization and Immigration Law from 1790 to 1965

The relationship between race and labour has been analyzed from different theoretical perspectives. Some have focused on the connection between race and the extraction of surplus from people of colour, Black people in particular Others have integrated race within the context of capitalism as a world system or have focused on race as a category of exploitation that defines both feudalism and capitalism that is essential for the survival of capitalism. This paper argues that, to understand the relation between race and labour, race must be understood as legal status. Race is a set of legal rights given to or withheld from workers because of loosely defined and arbitrarily selected physical characteristics. By assigning different rights to workers based on race, their labour is racialized, and race becomes an important element to the functioning of capitalism because it defines the value of labour. As legal status, race is defined and enforced by the state. In addition, this paper analyses the development of US naturalization and immigration law from 1790 to 1964, selected as an example of the process of racialization of labour. Specifically, it discusses the process of racialization of labour by connecting it to the concept of Westphalian sovereignty and the differentiation between natural and political rights. It concludes that, between 1790 and 1965, race supported the development and stability of US capitalism through the development of three distinct highly racialized labour markets: the Northeast, mostly defined by the racialization of European workers along a scale of whiteness; the West, determined by the racialization of Asian and, later, Latino workers; and the South, characterized by the racialization of African Americans and selected southern European workers, Italians in particular, and, later, Latino workers. These three markets operated in symbiosis with each other and featured different forms of racialization of labour, as defined by different forms of enforcement of race as legal status, ranging from the Chinese Exclusion Act of 1882 on the West Coast to the Jim Crow System that emerged in the southern states after the Compromise of 1877 and the Immigration Act of 1924 that dramatically limited immigration from southern and Eastern Europe.