Abstract
Most studies on illegal migration focus on particular national or local settings and most theoretical approaches are built upon research done in America and Western Europe. In consequence, there is little understanding about the legal construction of the ‘illegal’ and the meanings of migrants’ illegality in different political contexts. Given these major shortcomings, this article compares the cases of Malaysia and Spain. By comparing how we can explain illegal immigration and what it means to be illegal in each country, the final aim of this article is to place the term ‘illegal’ back into its context, that is, to understand the ‘illegal’ not as an essentialised, generic and singular object but rather as a legal and political product of particular historical and national contexts.
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