“A New Non-Entity”: Border Commuters, the Peyton Strike, and the Adverse Effect Standard in Immigration Law, 1958–1972

Abstract

This article uses a 1958–1962 strike at the Peyton Packing Company in El Paso, Texas, to examine how labor unions in the U.S.–Mexico borderlands used racial stereotypes and Cold War paranoia to influence the adoption of a more rigorous labor certification standard for those applying for a visa to enter the United State. Ultimately, labor unions and Mexican American workers sought to end the practice of border commuting by adopting and advancing the language of immigration restriction deployed by many Mexican American civil rights leaders of the era. This rhetoric ignored pleas for improving the minimum wage laws and protections and overlooked the fact that many border commuters wanted to migrate to the United States, but were often prevented from doing so by existing immigration laws. This case study forces historians of immigration and labor to reassess the role that labor unions played in helping to make the 1965 Hart-Cellar Act more exclusionary than previously thought.