A Reciprocal Approach to Legal Consciousness and (Procedural) Justice: Central American Experiences in Immigration Court

This dissertation explores how immigrants experience and relate to the American immigration institution through the merging of two disparate bodies of theory: legal consciousness and procedural justice. I argue that there is a reciprocal relationship between legal consciousness—the way one thinks about and relates to the law, legal systems and legal actors—and procedural justice—assessments of process fairness during encounters with legal systems and actors. This study examines the links between immigrant legal consciousness and procedural justice as manifested in the removal (deportation) hearing experiences of Guatemalan, Honduran, and Salvadoran immigrants utilizing in-depth interviews with immigrants and immigration attorneys, as well as hearing observations in two U.S. immigration courts. Findings suggest that while immigrant legal consciousness and perceptions of procedural justice are integrally related, both distributive and substantive justice also play significant roles in shaping removal hearing expectations and assessments. This study contributes new theoretical advancements of interest to academics in the fields of law and society, criminology and criminal justice, and Latin American studies. Moreover, this research improves our understanding of the removal hearing process as experienced by immigrants and serves as a useful tool for immigrant legal aid groups and service providers, immigration courts and their employees, community activists, and policymakers.