Constructing Compliance, Institutionalizing Creative Solutions: Higher Education Professionals as Legal Intermediaries Serving Undocumented College Students

Law and society scholars have examined how nonlegal actors, or “legal intermediaries,” construct the meaning of compliance as they translate law into organizational practice and policy. This article applies the legal intermediaries framework to analyze how higher education professionals navigate federal and state immigration law to mitigate the impact of illegality on undocumented students at the institutional level. We find that staff work within the underdefined, flexible, and often complex dimensions of immigration law by developing “creative solutions,” or university-specific policies and practices that interpret and apply existing legal frameworks in ways that broaden access to opportunities for undocumented students. Staff proceed through four steps within this process: developing an understanding of one’s legal and professional context, implementing and troubleshooting solutions, raising awareness and mobilizing support across and beyond the institution, and institutionalizing workarounds. In the process, staff shape broader understandings and organizational treatment of (il)legality at their respective institutions. Through this analysis, we extend the literature on legal intermediaries to the immigration context. We also refine the processes involved in the organizational intermediation of compliance and identify the set of contextual factors that may facilitate or hinder the creative solutions process within and beyond higher education.