This article analyzes how Central American immigrants in tenuous legal statuses experience current immigration laws. Based on ethnographic observations and over 200 interviews conducted between 1998 and 2010 with immigrants in Los Angeles and Phoenix and individuals in sending communities, this study reveals how the convergence and implementation of immigration and criminal law constitute forms of violence. Drawing on theories of structural and symbolic violence, the authors use the analytic category "legal violence" to capture the normalized but cumulatively injurious effects of the law. The analysis focuses on three central and interrelated areas of immigrants' lives-work, family, and school-to expose how the criminalization of immigrants at the federal, state, and local levels is not only exclusionary but also generates violent effects for individual immigrants and their families, affecting everyday lives and long-term incorporation processes. Concha is in Honduras, the native country of one of the fastest-growing immigrant populations in the United States. 2 The country's stagnant economy resulting from the Central American Free Trade Agreement with the
This article examines the legal consciousness and incorporation experiences of undocumented immigrants in the United States. Although this population may be disaggregated along several axes, one central distinction among them is their age at migration. Those who migrated as adults live out their daily lives in different social contexts than those who migrated as children. Therefore, although all undocumented immigrants are legally banned, their identities, sense of belonging, and interpretation of their status vary. Based on ethnographic observations and in‐depth interviews of Latino undocumented immigrants from 2001 to 2010, I examine how illegality is experienced differently by social position. The findings suggest that the role of life‐stage at migration and work‐versus‐school contexts importantly inform immigrants' legal consciousness. Fear predominates in the legal consciousness of first‐generation undocumented immigrants, while the legal consciousness of the 1.5 generation is more heavily infused with stigma. Fear and stigma are both barriers to claims‐making, but they may affect undocumented immigrants' potential for collective mobilization in different ways.
This article examines the instrumental and constitutive effects of California Assembly Bill 540. The law grants undocumented immigrant students an exemption from out‐of‐state tuition, thereby making some forms of higher education more accessible. Despite the narrow actionable aspects of the law, it unintentionally legitimizes this disenfranchised group. This longitudinal study of undocumented immigrant youth consists of in‐depth interviews before, shortly after, and four years after the passage of the law. The findings demonstrate that AB 540 immediately relieved stigma and later provided a socially acceptable identity that, within a legal consciousness informed by meritocracy, empowered these students to mobilize the law in a number of unforeseen ways. The case strongly suggests that it is possible for unintended constitutive functions to have more transformative effects on the daily lives of targeted beneficiaries than the intended instrumental objectives of law.
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