By Cecilia Menjívar

Stumpf and Manning’s Article, Liminal Immigration Law, explains the origin, mechanisms, and persistence of liminal laws in three cases they analyze: DACA, immigration detainers, and administrative closure. Their analysis unearths key similarities across these cases: the “stickiness” and robustness of liminal rules, their transitory nature, and their flexibility in contrast to the inflexibility of traditional law. This Essay expands Stumpf and Manning’s analysis by considering social science scholarship on the legal production of legal statuses. It examines the liminal case of Temporary Protected Status to capture the effects of liminality on the ground for individuals and families, the power of liminal rules as an instrument of immigration control and governance, and the key role of racialization practices in the creation, interpretation, and implementation of liminal rules. The conceptual extension in this Essay exemplifies how the analytic lens that Stumpf and Manning propose will prove generative for legal, socio-legal, and social science scholarship more generally.  

  IOWA LAW REVIEW ONLINE,  Vol. 110:51 2024, 16 p.