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Latina/o Americans constitute the fastest-growing pan-ethnic population group in the United States. These self-identified or otherwise identified Latina/o Americans have originated from, or are descendants from, a Spanish-speaking country and share, in some way, a colonial experience from Spain. Although they are homogenous in this sense, they are heterogeneous and diverse in national origin, generational status, geographic residence, Spanish-language capacity, and phenotypic features, as well as other socioeconomic factors. Because the growth of the Latina/o American population in the United States has outpaced other pan-ethnic groups in the general population, and the increasing numbers of Latina/o Americans in the incarcerated population, their immigration in sheer numbers and increasing diversity have caused social scientists, researchers, policymakers, and laypeople to recognize their impact on the criminal justice system. This entry provides a brief historical account of the Latina/o American population; explores the issue of their identities and categorization; outlines their pan-ethnic and interethnic demographic characteristics; focuses on their involvement in the U.S. criminal justice system—particularly issues surrounding re-arrest, reincarceration, imprisonment, and release; and offers recommendations for future research on this population.

Historical Context

The arrival of the Spanish in North America in the early 16th century marks the time when Latina/o Americans (defined as Spanish-speaking people or descendants of Spanish-speaking people) first inhabited what is now the continental United States. Since that time, Canada, Mexico, and the United States formed, and boundaries between them have been drawn and redrawn. Migration patterns have fluctuated, definitions and prosecutions of immigrant crimes have changed, and political power and economic conditions have become intertwined, all of which have affected Latina/o Americans. For people of Mexican descent—the largest Latina/o American population—many of those now living in the American Southwest that was a part of Mexico prior to the mid-19th century, before the U.S.-Mexican War and the subsequent Treaty of Guadalupe Hidalgo. This group was promised certain rights but did not necessarily receive them.

Enumerating Latina/o Americans, mainly Mexicans, during this time was difficult and was based on inaccurate methodological techniques. Part of the problem that arose and continues is that Latina/o Americans have been identified as a racial group instead of an ethnic group. U.S. intervention in Spanish-speaking countries during the past two centuries has contributed greatly to the influx of and current characteristics of Latina/o Americans currently residing in the United States.

Identities and Categorization

Individuals who would be considered Latina/o American, as specified by the U.S. Census Bureau, come from countries where Spanish is spoken. Other opinions have included those of scholars of Latina/o American studies, who have debated how individuals should be classified as Latina/o American; the general agreement is that those who come from Spanish-speaking places or speak Spanish would be classified as Latina/o American (another suggested term is “Hispanic,” although this term generates much less agreement). Under this classification, specific groups who would be considered Latina/o American are from Mexico, the Caribbean (e.g., Puerto Rico), and Central and South American countries (e.g., El Salvador and Venezuela, respectively). The U.S. Census Bureau allows individuals who are Latina/o American to identify as such or as another related pan-ethnic identifier and then to indicate their specific national origin.

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