Migrant illegality is legally produced and distinct from undocumented status

Evidence

Recent scholarship on migration has focused on undocumented migration and the legal role of the state in controlling migration flows. In an insightful review, Nicholas De Genova (2002, 429) explores the implications of these studies via a concept he calls ”illegalizations,” or ”the legal production of migrant ‘illegality.’ ” He regards migrant illegality as a distinct category that is separate from the undocumented migrant produced through the law. As a legal construction of the state, illegality is counterposed with the concept of citizenship. — Junaid Rana, Terrifying Muslims, 654

Categorization

• DEFINE: Defines De Genova’s concept of ‘illegalization’ — migrant illegality as a state-produced legal category, not a simple fact of lacking papers.
• XREF: connects to: Undocumented presence in the United States is a civil, not criminal, offense — Andrew L. Whitehead, American Idolatry, 640