This article reviews the construction of migration policies in Spain while analyzing its role as an instrument in the production of exclusion and precariousness. The changes in migration legislation-far from decreasing the number of undocumented migrants-have produced labor segmentation and social stratification. The official determination of presenting illegal immigrants as part of a vicious circIe and legal ones as part of a virtuous circIe opens the door to the criminalization of migration movements. This situation produces a radicalization in the vulnerability of certain labor forces. As opposed to the culturalist perspective, which explains inequality as the result of pre-existent cultural differences, the following analysis suggests that the discriminatory and marginalized situations suffered by part of non-communitarian immigrant population in Spain are systematically produced and reinforced by various political and legal practices
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