Kelly Lytle Hernández joins Michael Stauch to discuss how the US immigration system has always been “racist by design.” Many Americans’ understanding of the immigration system begins with the Chinese Exclusion Act of the late nineteenth century. In Racist by Design: Two Centuries of U.S. Immigration Control (Norton, 2026), Lytle Hernández expands that history by a full century, showing how the Haitian Revolution of the 1790s inspired not only America’s first immigration bans (to prevent news of a free Black republic from reaching our shores) but also its first refugee resettlement program (to welcome and support Haiti’s evicted enslavers.) She explains how Chinese Exclusion led the Supreme Court to disconnect immigration laws from the constitution. She reveals how eugenicists and Jim Crow segregationists built much of our current immigration regime as expressly "whites-only," and shows how during the Civil Rights Movement, Congress amended this system but never abolished it, leaving many of the regime’s racist rules and rituals intact today.

Highlights include:

- How an “Exclusion Quartet” of rulings by the Supreme Court in the late 19th century “unhinged” the Constitution from immigration policy;

- How the “family reunification” clause of the 1965 Immigration and Nationality Act, meant to favor European migrants, combined with global instability in the 1970s and ‘80s to create an enormous wave of non-white immigrants to the United States;

- What changed (and didn’t change) in immigration policy during World War II and the Cold War;

- How guestworker programs, asylum restrictions, and the US “visa dome” contribute to the racist-by-design immigration regime;

- How immigrants and their advocates have long used cracks and loopholes in immigration legislation to create space for themselves in the United States.

Guest: Kelly Lytle Hernández is a Professor in the Departments of History, African American Studies, and Urban Planning at UCLA where she also holds the Thomas E. Lifka Endowed Chair of History. She is one of the nation’s leading experts on race, immigration, and mass incarceration, and the author of the award-winning books Migra! A History of the U.S. Border Patrol (University of California Press, 2010), City of Inmates: Conquest, Rebellion, and the Rise of Human Caging in Los Angeles (University of North Carolina Press, 2017), and Bad Mexicans: Race, Empire, and Revolution in the Borderlands (W. W. Norton, 2022).

Host: Michael Stauch is an associate professor of history at the University of Toledo and the author of Wildcat of the Streets: Detroit in the Age of Community Policing, published by the University of Pennsylvania Press in 2025.

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This episode features a conversation with Dr. Christopher B. Patterson, Professor of the Social Justice Institute at the University of British Columbia, discussing their recently published book, Domesticating Brown: Movements of Racial Imagination (Duke University Press, 2026). Domesticating Brown interrogates the slippery senses that brownness as a racial form has manifested over time, charting its transitions across historical colonial contexts and into the transpacific dynamics of contemporary empire. Christopher B. Patterson rethinks universalist definitions of race to consider the constant movements in racial contexts, meanings, and practices that “brownness” reveals: as a site for the ungovernable brown mass, as peoples marked for domestication through strategies of colonial containment, and as the complex shades that reveal troubling genealogies and shameful intimacies. Tracing the emergences and transformations of brownness in various contexts of transpacific encounter—from the Mongol Empire to Filipino plantation migration in Hawaiʻi, from the imperial management of Hong Kong to contemporary brown authorship—Domesticating Brown explores how colonial subjects and other marginalized peoples have strategized ways of resisting and reversing dominating notions of brownness through art, story, and embodied difference.

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The first large number of Chinese immigrants began arriving in the United States in the 1840s, and Chinese opera troupes were not far behind. In Inside Chinese Theater: Community and Artistry in Nineteenth Century California and Beyond (U Illinois Press, 2025), Nancy Yunhwa Rao writes the story of the flourishing and resiliency of Chinese opera in America. Chinese opera troupes brought with them an important cultural reminder of China that helped immigrants to build community and maintain connections with their old home in their new one. At the same time, anti-Chinese violence, legislation, and prejudice was a constant and growing threat to Chinese immigrants and Chinese theater. As Chinese theater became part of California and San Francisco culture, popular Chinese actors advocated for their art alongside appeals for civil rights. Rao draws on personal accounts and artifacts to place theater within the everyday lives of Chinese people. She also describes the costumes, singing, staging, and storytelling that impacted mainstream reception and influenced how Chinese communities saw themselves. Rao makes a convincing argument that more attention to the transpacific connections between the US and Asia is vital to telling the true story of America.

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