The Legal Construction of “Dangerous Others”: Immigration Law and Racial Profiling
Keywords:
Immigration law, racial profiling, dangerous others, legal construction, surveillance, enforcement, critical legal advocacy, institutional racism, policy reform, media discourseAbstract
This article explores how immigration laws and enforcement practices contribute to racial profiling and the legal construction of certain immigrant groups as “dangerous others.” Using a descriptive analysis method, this narrative review synthesizes scholarly literature, legal case studies, and institutional reports published between 2021 and 2025. Sources were selected based on their relevance to racial profiling, immigration enforcement, and the legal framing of immigrants as threats. The analysis focused on identifying key historical patterns, contemporary enforcement mechanisms, and the discursive strategies used by institutions and political actors to justify racialized immigration control. A thematic framework guided the synthesis of findings, emphasizing how law, policy, media, and institutional practices intersect to construct and perpetuate the image of the “dangerous other.” The review reveals that immigration law has historically operated as a tool for racial exclusion, from early race-based exclusions to contemporary national security policies. Institutional actors such as ICE, police, and border authorities use surveillance technologies, discretionary enforcement, and legal categorization to disproportionately target racial and ethnic minorities. Media and political discourse further reinforce these constructions through language that dehumanizes immigrants and frames them as threats to public safety. Despite the persistence of these patterns, the article also identifies significant forms of resistance, including litigation, grassroots advocacy, and reform initiatives aimed at dismantling racialized enforcement structures and promoting immigrant justice. The construction of the “dangerous other” in immigration law is deeply embedded in legal, institutional, and discursive systems. Addressing this issue requires comprehensive legal reform, a reimagining of enforcement priorities, and continued efforts by advocates and scholars to expose and challenge racialized practices within immigration regimes.
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