Some scholars think it's making judgement based on race. Others scholars think only those in power opinions matters and those without power can make judgements based on race and that wouldn't be considered racism. Others think it's a natural and norm thing based on tribalism.
But in your example a person of color would have a higher status in America compared to an Indian national. So the person of color is being racist.
In the future the only acceptable version will be the first because keeping track of who had power in what context is going to be impossible to track and can get easily shifted. That's the definition the law uses currently.
But in your example a person of color would have a higher status in America compared to an Indian national. So the person of color is being racist.
In the future the only acceptable version will be the first because keeping track of who had power in what context is going to be impossible to track and can get easily shifted. That's the definition the law uses currently.