Family formation under the law: How immigration laws construct contemporary Latino/a immigrant families in the U.S.

Abstract

Sociologists of the family have established that U.S. laws play a fundamental role in shaping the outcomes of family members. This article builds on this work by examining how immigration law is instrumental to the family formation processes of contemporary Latino/a immigrant families. Drawing on insights from sociology of the family and immigrant incorporation literature, I argue that immigration laws aid in the creation of family typologies among Latino/a immigrants. This argument is supported by providing a historical overview of key federal immigration laws that affect Latino/a immigrant families and a discussion of five Latino/a immigrant family typologies: citizen/lawful permanent resident families, transnational families, separated families, mixed-status families, and undocumented families. This article concludes with implications for scholars, students, and policymakers on how laws can be used to create harm but can also undo harm against immigrant families.