Legitimacy, Social Identity, and the Mobilization of Law: The Effects ...

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722LAW & SOCIAL INQUIRYHowever, because they are legally always at risk of being deported, it is notsurprising that the law plays an explicit and palpable role in their lives. Itmakes sense that they seek other forms of legitimacy. Armando, for example,makes claims about his legitimacy by drawing upon a law-based rationale:“I’ve never committed any crimes and I’ve been a productive member. Notjust for my own benefit, but I’ve helped a lot of other people too.” He declareshimself as law-abiding, thereby overriding the immigration laws that he isbreaking. But more importantly, like the rest of the respondents, heappeals to a greater sense of common good through which he has earnedhis belonging. Karla, another undocumented college student, is moredirect in her appeal to circumvent immigration law and focus instead onher merits:I can understand the point of view of natives who are against immigration.But when it comes to education, that’s different. All studentswant is an opportunity to have a career, to have a better life. . . . Thefact that we are in high school and college, that says a lot about a person,that we are going to contribute to this country when we get a degree.We are going to contribute to the economy, to the society. And thereis nothing wrong about that. We have worked three times as hard asany other students.Once again, legal consciousness draws on a sense of justice that is informedby meritocracy. By underscoring their actual and potential positive contributionsto society, undocumented students are able to claim legitimatespaces through legal and legitimate actions. In their interpretation, althoughtheir presence in this country is outside of the law, their actions redeemthem because “there is nothing wrong” with their day-to-day behavior andtheir outstanding efforts to improve their lives through education.It is not surprising that undocumented students emphasize their roleas successful students to counterbalance their unlawful status. In the followingexcerpt, Benjamin explicitly connects his educational efforts to his pursuitof legalization:My parents always told me, “If you do well in school, somehow thegovernment is going to know that you’re a good student and a goodperson and they’re going to grant you residency.” So I always strivedfor that. Because I thought, if I do well, someday I’ll have the opportunityto become a resident.Benjamin’s experience, like that of his peers, leads to a form of legality thatconnects educational attainment and good behavior to legal residency.Although not a single student was able to recount a specific example of someonewho acquired legal residency through educational achievement, severalstudents made reference to this perceived connection. Given the power of
Legitimacy, Social Identity, and the Mobilization of Law 723meritocratic ideals, in their construction of legality, education and effort areon the same plane as law, making the students hopeful that an exceptionalreport card will ultimately earn them legal residency. Interestingly, in theirnarratives, students do not make technical legal arguments establishing thelegitimacy of their claims. Instead, they focus on providing narrative descriptionsof their personal hardships, sacrifices, and, above all, achievements in hopesthat their stories will appeal to society’s sense of justice. Several studentsexpress hope that the difficulty, urgency, sadness, or unfairness of theirsituation will attract attention from authorities who will feel compelled togrant them legal residency.Given their construction of legality, it is understandable whyundocumented students readily welcomed AB 540. Not only did the billrecognize their merit but it granted them another legitimate space—incolleges and universities—where, as students, they are valued and “legitimate”members of society. Considering the fundamental role of law in their lives,AB 540 has also led to other, less directly visible effects in them. Specifically,the law provided undocumented students with a new, neutral, and moresocially acceptable label that subsequently changes their social identity andtheir potential for collective organization and further claims-making.The Stigma of Undocumented StatusTo appreciate the various unintended constitutive effects of the law, itis necessary first to understand how the students felt about their status beforethe law’s enactment. Prior to the passage of AB 540, aside from the worriesof not having access to college, several youth expressed a sense of stigmaand embarrassment that derived from being undocumented. In the first roundof interviews, for example, Elizabeth notes, “I hate how they call us ‘illegalaliens.’ I feel like telling them that I don’t have antennae, I’m not a weirdolike they think.” In the same conversation, Emily adds, “Or they callus ‘illegals’ and they think we’re committing crimes all the time and we’re not.”Having gone through the educational system in the United States, protectedby the law up until high school graduation, their experiences are similar tothose of their school peers (Abrego 2006). However, for undocumentedyouth, their status was a constant reminder that they were different,vulnerable, and considered suspect.Undocumented status, because it is tantamount to illegality, is stigmatizingand renders migrants suspect in the eyes of the rest of society. Mateo claimedthat he was always fearful and embarrassed about being undocumented. Beforethe passage of AB 540, he described the stress of having to hide his illicitstatus from friends and strangers alike. Rather than revealing the truth, heprovided people with a different version of his background each time hewas asked. This was difficult and led to more pressure:
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