Legal Histories as Determinants of Incorporation: Previous Undocumented Experience and Naturalization Propensities Among Immigrants in the United States

Abstract

This article examines how different histories of illegality may influence immigrants’ orientations toward acquiring citizenship in the United States. Findings from the New Immigrant Survey show that having crossed the border without authorization—compared to having no history of illegality—is associated with a higher propensity to naturalize, indicated by an expressed intention to naturalize upon eligibility and, notably, an early undertaking of the naturalization process. In contrast, there is weaker evidence that immigrants who overstayed their visas or worked without authorization differ with regards to naturalization from immigrants with no history of illegality. Results suggest that immigrants who have experienced the greatest degrees of legal insecurity in the past may be among those most likely to seek out full political membership. Thus, this article bears optimistic implications for the integration potential of previously undocumented immigrants, and highlights the importance of making available legal pathways “out of the shadows” and into the political communities of receiving states.