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Asad, Asad L.; Clair, Matthew
Social science & medicine (1982), February 2018, 2018-02-00, 20180201, Volume: 199Journal Article
This article advances the concept of racialized legal status (RLS) as an overlooked dimension of social stratification with implications for racial/ethnic health disparities. We define RLS as a social position based on an ostensibly race-neutral legal classification that disproportionately impacts racial/ethnic minorities. To illustrate the implications of RLS for health and health disparities in the United States, we spotlight existing research on two cases: criminal status and immigration status. We offer a conceptual framework that outlines how RLS shapes disparities through (1) primary effects on those who hold a legal status and (2) spillover effects on racial/ethnic in-group members, regardless of these individuals' own legal status. Primary effects of RLS operate by marking an individual for material and symbolic exclusion. Spillover effects result from the vicarious experiences of those with social proximity to marked individuals, as well as the discredited meanings that RLS constructs around racial/ethnic group members. We conclude by suggesting multiple avenues for future research that considers RLS as a mechanism of social inequality with fundamental effects on health. •Racialized legal status (RLS) is a social position with fundamental health effects.•RLS stems from neutral laws exerting disparate impact on racial/ethnic minorities.•Reviews impact of two RLSs—criminal and immigration statuses—on health disparities.•Identifies individual- and group-level pathways through which RLS impacts health.•Suggests future research on how RLS shapes racial/ethnic health disparities.
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