Exclusion by Design: Immigrant Racialization and Temporary Legal Status

Ming H. Chen - UC Law San Francisco
Jennifer M. Chacón - Stanford Law School
Shannon M. Gleeson - Cornell University School of Industrial Labor Relations and Brooks School of Public Policy
Vol. 59
June 2026
Page 2543

Migrant workers enter the United States on temporary visas more often than on green cards that lead to U.S. citizenship, and the majority come from countries whose emigrants would be classified as non-White in the United States. Even so, immigration scholarship gives short shrift to temporary statuses and often treats them as race neutral. This Article contributes to the growing body of critical migration studies by demonstrating how immigration law assigns meaning to the legal status of temporary migrants. We find that temporary legal statuses are designed in ways that unnecessarily foster social exclusion through a process of racialization and hierarchical sorting by skills. Our empirical study of the distinctive experiences of three temporary worker categories deepens existing understandings of exclusion and racial subordination in the United States.

View Full Article