Mary Pat Brady,
"The Homoerotics of Immigration Control"
(page 4 of 7)
AB101 enlisted the State of California's legal infrastructure to
protect people from forms of discrimination that had heretofore gone
unrecognized. In substantially linking "rights of citizenship" to
sexual identities, AB101 resexualized citizenship—or rather, uncoupled
it from presumptive heteronormativity. Extending the mantle of "rights"
challenged the abstraction of citizenship as neutral, and revealed it to
be fully imbricated in the creation and support of heterosexuality.
AB101 also confirmed the possibility that alternate structures of desire
and consumption might thrive outside of the bounds of middle-class
heterosexuality. In their response to Wilson's ultimate approval of a
similar measure, Lou Sheldon and others suggested that the broadening of
citizenship to include more than the heteronormative did indeed threaten
the heteronormative, arguing that this effort to gain protection came at
the expense of "families." Gays deserved the blame for the faltering
political economy of the heteronormative family, not socio-economic
shifts.
As Kitty Calavita has argued, every round of anti-immigrant fervor
can be contextualized not simply in terms of how immigrants served as
scapegoats for a particular crisis, but also in terms of the ways in
which Nativist content varies as ideological needs shift. She notes,
for example, that at different moments over the course of the last
century, the demonized immigrant has served as "strikebreaker,"
"socialist and anarchist," "depressor of wages," and, most recently, as
"tax burden."[16]
Calavita argues that the central motif of Proposition
187—the immigrant as a leech on social services, as a figure who
exploits the safety net and drains the tax coffers—emerged only
after the social safety net had been rendered highly vulnerable.
That is to say, the restructuring of the national economy and the
attempt to dismantle the welfare state were well underway before the
immigrant narrative changed. No longer the exploited, depressor of wages
for working "Americans," the immigrant had become a fiscal burden to
taxpayers.
If the debate over gay "rights" metamorphosed into Prop 187, it
shifted again when Clinton took 187 national with Operation Gatekeeper
and, later, welfare reform. Clinton shifted the emphasis from what
immigrants "deserved"—emergency care, education, police protection—and
what problems they caused or eliminated—depressed wages, labor
shortages—to a rhetoric centered on their status as "legal" or
"illegal." He deployed his anti-immigrant policies and the development
of Operation Gatekeeper by producing a new grid of intelligibility where
legality became the central hermeneutic. The emphasis, Clinton
repeatedly claimed, should not be on all immigrants, but rather on those
who entered the country informally or stayed beyond their visa. By
emphasizing such "illegality" he shifted the focus in the U.S. imaginary
to immigrants' criminality, to their supposedly bad behavior, and away
from issues of labor, wages, and poverty. And by emphasizing immigrants
as criminals with a wanton disregard for the law, he transferred the
anxiety of what immigrants might want or demand from the U.S. (i.e.,
social services, protection from exploitation) and from what they might
contribute to the country at large, to the utopian fantasy of a
neutral criminal justice system. Under his guidance, new laws were
passed that as Jennifer Chacon argues, "conflated illegal immigrants
with crime" and also "operated to reify the links between all immigrants
and criminality."[17]
In this light, the subsequent 3000 plus deaths have nothing to do
with the transformation of the world economy, or with NAFTA, or with the
ongoing impact of the Dirty Wars in Central America, nothing to do with
the cost of living, nothing to do with the lack of affordable food or
the polluted water supplies. These deaths have been machined through
the mill of legality to become nearly the proper punishment for
violating an unquestioned and naturalized law. In other words, the
emphasis on legality removes the deaths from the context of a policing
system that forces people to enter the U.S. political territory (they
are always already in U.S. economic territory) in highly dangerous ways.
Instead it contextualizes these deaths as a kind of passive capital
punishment for an immigrant's willingness to skirt entry regulations.
Put differently, whatever sentiment might be mobilized by the sight
of horrific deaths remains out of bounds, left behind in the narrative
tangle that inscribes illegality as out of reach of the sentimental.
The survivors of the dying season, due to their ontological status as
illegal, cannot "access normativity" and therefore cannot, it would
seem, lay claim to the sort of sympathy that might be used to build a
movement to change violent policing practices.[18]
They are stuck in the
"it serves them right" realm where sympathy for their experiences
remains out of bounds. Any movement to build a large-scale tale of
horror, one that would mobilize an affective response to the daily
deaths and violence, and to the imprisonment and policing practices they
support, and thereby to produce a culture that questions such policies,
has been dissipated by this emphasis on criminalization. Immigrants
have been effectively blamed for their own deaths. In the long, twisted
corridor from AB101 to the daily deaths of immigrants, the state's
responsibility to ensure rights is transmogrified into its privilege to
kill.
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