JOURNAL OF ETHNIC AND MIGRATION STUDIES
973
important discussion arena for citizenship, statelessness, and migration. Gonzales (2016),
who wrote about the experiences of Mexican-American children caught in an uncertain
legal status, highlighted how some Mexican-American children are temporarily protected
and build a feeling of belonging to the host society during their childhood (Gonzales 2016,
7–9). Such children then experience a ‘transition to illegality’ by experiencing exclusion
from possibilities they believed were theirs as they transition to adulthood (Gonzales
2016, 12–13).
This article integrates the two aforementioned theoretical frameworks, arguing how
abandoned children’s transition to statelessness occurs as time passes during their childhood, following two main routes – presumptive foreign nationality and considered
nationality.
The analyses herein are based on studies of children from mixed-status families (Castañeda 2019), forcibly deported youth (Coutin 2007; Dreby 2015), left-behind children
from migrant homes without their parent(s) (Parreñas 2005), multigenerational transnational migrant families (Allerton 2018; Ball, Butt, and Beazley 2017), children born to noncitizen migrant mothers (Constable 2014; Suzuki 2015), and abandoned children
(Mahdavi 2016).
The legal production of illegality
The ‘legal production of illegality’ (Mahdavi 2016, 122) is an analytical framework considering how illegality is created by laws that define people as citizens or noncitizens (Boehm
2012, 136; Coutin 2007, 26; De Genova 2004, 161). The approach was first put forward by
scholars such as De Genova (2004), who argued on the historical specificity of contemporary Mexican migration to the US. He argued that it is the disciplinary operation of an
apparatus for the everyday production of migrant ‘illegality’, deportability, and not deportation per se, that has historically rendered Mexican labour as a distinctly deportable commodity (De Genova 2004, 179). Mahdavi (2016) proposed the framework based on the
work of Boehm (2012) and Coutin (2007), who explored Mexican mixed-status families
and young people in such families in the U.S. Mahdavi applied this notion to children
born to unmarried noncitizen mothers in Kuwait (Mahdavi 2016, 124). Boehm studied
undocumented migrant children who, in particular circumstances, are de facto
members of a nation with complex ties with U.S. communities (living in neighbourhoods,
attending school, working, shopping, eating out, going to parks and public spaces, and
interacting with community members daily) who are not state-recognised citizens
(facing threats of deportation, an inability to move freely, and lack of access to health
care) (Boehm 2012, 136; Coutin 2007, 27). Investigating the cases of youth who emigrated
from Mexico to the U.S. as infants, Boehm and Coutin illustrated the legal production of
(il)legality (Boehm 2012, 136; Coutin 2007, 26), arguing that for young people who engage
in identical daily activities as their American counterparts, the U.S. state constructs their
illegality, defining individual migrants as ‘aliens’ who are ‘legal’ or ‘illegal’.
In cases within Japan, these arguments on the citizenship, legality, and illegality of children born to migrant mothers in Japan have also been also discussed (Celero 2012; Suzuki
2015). These arguments have been made in pursuit of how to certify Japanese nationality
for children born to foreign mothers fathered by Japanese men (Suzuki 2015). Children
born to foreign migrant parent(s) without any testimony of a tie to Japanese fathers