An immigrant from Canada, Hutton was elected to preside over the Los Angeles Superior Court in 1906. During the naturalization era, judges like Hutton held unfettered discretion over deciding which immigrants fit within the statutory definition of whiteness mandated by law, and therefore, authority over deciding whether petitioners like Shishim could become citizens. In 1909, when Shishim filed his petition, it was impossible to become a naturalized citizen unless you were white. From 1790 until 1952, whiteness stood as the legal dividing line between inclusion and exclusion from the range of privileges and benefits that came with formal citizenship. Whiteness and citizen were made synonymous by law, and the courts were the enforcers and the final gatekeepers.

DEFINE: Clarifies the statutory definition of whiteness that judges applied as the legal test for naturalization.

Khaled A. Beydoun, American Islamophobia_ Unde…, loc. 178