The Social Construction of Immigration Status: Historical Foundations and Contemporary Implications

• In Event: Politics and Policies of Threat: Detention, De-authorization, and Disappearance of Pk-20 Immigrant & International Students

Abstract

In the United States, immigration status is not merely a legal designation—it is a socially constructed identity shaped by race, power, and politics. Who is seen as deserving of inclusion, and who is cast as a threat, has never been neutral (Ngai, 2004). In 2025, as deportations rise and protections for immigrant and international students are stripped away, one must interrogate how immigration status has been historically framed and weaponized. This paper argues that the current political climate and criminalization of (perceived) undocumented immigrants and international students is not a new phenomenon. It is the result of a long-standing historical construction of immigration status and a system rooted in white supremacy and racialized policymaking.
Ngai (2004) illustrates that while temporary worker programs and visas were made available before the 1960s, the system simultaneously facilitated the entry of undocumented laborers who were often denied legal protections and subjected to heightened exploitation. This duality—welcoming labor while criminalizing the laborer—laid the groundwork for the racialized and politicized framing of undocumented status that persists today.
These early policies established a precedent for the contemporary perception of undocumented immigrants, particularly Latina/o/x/e communities, as both necessary and disposable. Jacobson (2008) argues that political discourse has long scapegoated these communities as the root of the nation’s social, political, and economic challenges. Santa Ana (2002) demonstrates how media and political rhetoric reinforce these narratives, shaping public opinion and influencing policy. These discursive practices are not merely symbolic—they materially inform immigration enforcement strategies and justify the expansion of punitive systems targeting immigrants (Jacobson, 2008; Pérez Huber et al., 2008).
The post-9/11 creation of Immigration and Customs Enforcement (ICE) under the Department of Homeland Security marked a significant escalation in the criminalization of immigrants. Framed within the “War on Terror,” ICE’s mandate positioned undocumented immigrants as national security threats, reinforcing their portrayal as criminals and terrorists. This shift was accompanied by a dramatic increase in federal funding for immigration enforcement (Golash-Boza, 2019). Although immigration law and enforcement are often presented as race-neutral, their implementation is anything but—racial profiling, deportations, and assumptions about who is undocumented disproportionately affect communities of color (Golash-Boza, 2018).
In 2025, the targeting of (perceived) undocumented immigrants has become rampant, deportations have surged, protections that barred ICE from entering school grounds have been rescinded, access to dual enrollment programs has been curtailed, and in-state tuition eligibility for undocumented students is under threat. These developments are deeply rooted in a historical continuum of exclusionary practices and racialized policymaking. Immigration enforcement, shaped by these narratives and racist ideologies, continues to be a tool of social control, especially in educational spaces.
This paper interrogates the social construction of immigration status through the lens of white supremacy. It explores how historical policies and executive actions have laid the foundation for contemporary enforcement practices, particularly in K–12 schools and higher education. By examining the intersection of immigration enforcement, public discourse, and education policy, this analysis reveals how the state continues to regulate and marginalize (perceived) undocumented and international students.

Authors

• Liliana E. Castrellon, San José State University

• Alonso R. Reyna Rivarola, Salt Lake Community College