Neferti Tadiar,
"Introduction: Borders on Belonging"
(page 3 of 5)
It is not only the state, however, that is using criminal law to
battle "illegals." In June 2008, a civilian group, "The Federation for
American Immigration Reform," filed a federal lawsuit that would make
renting to undocumented immigrants a criminal enterprise, equivalent to
racketeering.[6]
Like the many local housing ordinances proposed and in
some cases adopted in cities and counties across the U.S., this suit is
yet another effort to curb "illegal immigration" and its various
"harmful effects" by denying undocumented workers housing. As Paula
Ioanide argues, premised on cultural fantasies of "swelling numbers of
undocumented immigrants intent on exploiting welfare resources (for
which the undocumented are already mostly ineligible), usurping American
jobs, causing fiscal economic crises, spreading poverty, crime and
disease through overpopulation," these civic-initiated legal measures
follow "the logic of triage: cut off the basic and vital life sources
for undocumented immigrants in order to preserve the 'health' of the
enfranchised, the legitimate and the included."[7]
This differentiation between lives within the law of the nation
(citizens, "legal" residents) and lives beyond the pale of that law
("illegals") becomes then a matter of distinguishing between lives worth
saving and lives that are expendable. As a practice of making this
distinction, the criminalization of immigrants and their exclusion from
vital resources of life thus highlights the constitution of the border
as a zone of social death, which Lowe suggests is the condition of
nation-state sovereignty exercised at once in collusion with and in
contradiction to economic forces of globalization. Moreover, it
underscores the structural connections that Gina Dent and Angela Davis
draw between the prison and the border, as constitutive limits of the
"free world," understood to be the world of liberal democracy.[8] Within
both state-run and private prisons, where thousands of foreign-born
citizens are detained indefinitely as their deportation is decided,
immigrants are "disappeared" behind bars, subjected to laws that do not
afford them protection or other basic legal rights granted to citizens,
unaccounted for even in death.[9] Perhaps, we might say, already exiled
from the "free world" to a condition of social-civil death, where their
actual deaths no longer merit legal notice.
In "'I Would Wish Death on You...' Race, Gender, and Immigration in the
Globality of the U.S. Prison Regime," Dylan Rodriguez forcefully argues
that rather than an exception to the logic of the U.S. state (signaling
a shift in governance in the post-9/11 era), immigrant criminalization
and detention constitutes an extension of the regime of carceral
violence historically exercised by the U.S. state and fundamental to the
very intelligibility of "America." Critiquing such claims made in a
report on the detention and deportation of U.S. Filipinos with the
enforcement of Homeland Security measures in the context of the U.S.
"war on terror," Rodriguez attributes the astronomical growth of
immigration prisons to the globalizing expansion of the social logic and
racial technologies of punishment constitutive of the "good" power of
American hegemony. As he asserts, "the 'post-9/11' formation of the
Homeland Security State, the 2004 spectacle of torture at Abu Ghraib
prison, and accelerated immigrant criminalization/detention can be
understood as particular significations of a regime of dominance
that is neither (only) local nor (erratically) exceptional, but is at
once mobilized, proliferating, and global."
The contributors above highlight the role of gender in the
structuring of state power and its violent exercise in the control of
immigration. While Sokoloff and Pearce depict the forms of gendered
violence immigrant women experience, which lead to, and are exacerbated
by, incarceration, Lowe draws attention to the gendered meaning of U.S.
sovereignty as a power that inheres in the nation-state's capacity to
determine life and death and, further, to the gendered effects of the
contradictions between the narrow exercise of national sovereignty and
the labor demands of global capitalism which are evidenced in the
disposability of female life at the border. Together with Dylan
Rodriguez's own related view of gender "as a durable and multivalent
carceral technology of state violence," these perspectives show the ways
in which the sovereign power of the U.S. nation-state depends on the
production and containment and/or expulsion of disposable populations
through institutionalized practices of racial and gendered violence. The
criminalization of immigrants and their systemic exclusion from the
rights and resources of civil and social life can thus be viewed as
productive of the very sovereign liberal, democratic nation-state that
appears to be threatened by them.
While the above authors focus on the role of gender and race in
shaping immigration policies and practices on the part of the U.S., a
major "receiving" country, Robyn Rodriguez examines the role of gender
and sexuality in shaping state migration policies and civil society
demands for migration policy reform in the Philippines, a major
"sending" country (and source of global domestic labor). In "Domestic
Debates: Constructions of Gendered Migration from the Philippines,"
Robyn Rodriguez shows how constructions of Filipina women migrants by
both the Philippine state and civil society actors draw on a patriarchal
logic, upholding dominant notions of gender and sexuality to which women
migrant workers are disciplined to conform. In response to the national
political crisis sparked by reports of the exploitation and sexual abuse
of migrant Filipina domestic workers abroad, public debates about
migration policy and feminist activist interventions on behalf of women
migrants reveal deeply gendered anxieties and assumptions about women's
labor, women's role in the family, the Philippine state's role with
respect to its own migrating population and its subject-status on the
global stage. Such affective responses, which are predicated on class
and gender devaluations of domestic work as well as idealized notions of
feminine sexuality, shape the policies of migrant nation-states as well
as the kinds of labor they "export." Public affects deeply structured by
gender and sexuality are also central in creating and maintaining
dominant forms of belonging among immigrants as well as their "host"
societies, reinforcing the construction of nation as a familial,
domestic space regulated by a paternal state.
The focus on affect as a key site for the making of labor and nation
is also central to the contributions of Martin F. Manalansan IV and Mary Pat
Brady. In "Queering the Chain of Care Paradigm," Manalansan critiques
the heteronormative conceptions of care work that underlie recent social
science scholarship on "feminized" global migration. Against this
scholarship's tendency to naturalize the heteronormative links between
femininity, domesticity and the emotional work of migrant labor,
Manalansan explores alternative narratives of "how [migrant] subjects
labor with, for, and beyond desire, care, pleasure and money," calling
for an approach to the international "chain of care" through which Third
World migrant labor is brought to the First world as "a series of
conflicting and diverse bonds between labor, emotions and corporeality
that do not line up neatly in terms of gender binaries and normative
familial arrangements." By queering the particular migrant population of
domestic workers to include "gay men, single and married women with no
'maternal instinct,' and trangendered persons," Manalansan calls
attention to the multiple ways in which non-normative affects
constitutively shape the global flows, performance and subjective lives
of migrant labor, which nation-states actively seek to regulate.
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