The State of Vulnerability
By Joseph Sohm/Shutterstock.com
Par Joseph Sohm/Shutterstock.com
Nour Elassiuty
(FR) Les migrants latino-américains, indépendamment de leur statut, vivent aux États-Unis dans un état constant d’instabilité et de vulnérabilité. Ceci est le résultat direct de leur catégorisation sociale et juridique en tant que migrants (qu’ils soient en situation régulière ou sans papiers), et de l’impact des lois qui encouragent un traitement discriminatoire qui les dépeint comme des criminels. Cet article analyse ce phénomène sous de multiples angles et révèle en quoi la catégorisation et la criminalisation des migrants latino-américains perpétuent les conditions de leur déshumanisation incessante ainsi que l’atteinte à leur dignité et leurs droits. De plus, cet article examine les nombreuses manières par lesquelles les migrants latino-américains et leurs alliés luttent afin de contester les politiques d’immigration oppressives, agissant ensemble dans le but de protéger la vie des immigrants et des demandeurs d’asile.
Categories of personhood
Migrants are traditionally separated into forced and voluntary migrants. Forced migrants are refugees and asylum seekers who are involuntarily displaced from their homes as a result of a perceived threat on their lives. Conversely, voluntary migrants include economic migrants. The discourse surrounding migration also places migrants into legal and illegal status.[1] The use of the terms legal and illegal or undocumented “alien” has a drastic impact on the existence and exclusion of migrants in the U.S. Firstly, when an immigrant is seen as having a legal presence in the U.S, they have a presumed and legitimate claim to rights, protections, and citizenship. However, citizenship is out of reach for undocumented migrants; they live and work on the outskirts of society, threatened by social and legal ramifications.[2] The already vulnerable position that migrants occupy in society is further exacerbated by the conception of them as an illegal threat. Undocumented migrants are especially vulnerable, as they exist in a perpetual state of unlawful presence in the U.S; their desperation is exploited by employers and they are often subject to underpaid labour.[3] The third category that immigrants fall into is referred to as “liminal legality.” This status allows these immigrants to work and live in the United States, but with no guarantee of permanent residency or citizenship.[4] This demonstrates that the boundary between legal and illegal migrants is quite flexible; there are numerous instances in which a migrant’s status can transition from one side to the other, as legal immigrants are subject to arbitrary deportations for minor infractions.[5]
Criminalization of migrants
In recent decades there has been a shift towards the criminalization of immigrant bodies due to legislation. The migrants’ criminalization is accompanied by racial profiling by law enforcement, making them even more susceptible to being detained for minor offences.[6] The framing of migrants as criminal aliens also presents itself in “deportation regimes,” which is a condition of surveillance, imprisonment, expulsion, and exclusion from the social and state apparatus. These deportation regimes are perfectly illustrated in the Trump administration’s migration policies which were exacerbated by the conditions that COVID-19 created. Trump invoked his authority during this emergency to disregard standard immigration practices on the border and expel migrants.[7]
State and cultural violence
In addition to the social rejection and deportation that migrants face, immigration laws legitimize the dehumanization and degradation of migrants.[8] Immigration policies place migrants in a constant state of vulnerability due to their limited mobility, the volatility of their lives, and the fear of deportation.[9] The law propagates systemic and structural inequality, such as wage and housing insecurity and increased socioeconomic barriers, which prevent the financial success and security of migrants.[10]
Legal violence is also spurred by the internalization of inequalities, discrimination, and social prejudices. As opposed to using their privilege to help others, people turn a blind eye to the realities of migrants. Consequently, social and structural inequalities are further manifested in the immigration policies that promote various forms of discrimination against immigrants. [11] Some of these immigration policies are state-sponsored, such as Arizona’s Support Our Law Enforcement and Safe Neighbourhoods Act and the Beason-Hammon Alabama Taxpayer and Citizen Protection Act. These acts of legislation deliberately attack undocumented migrants in the U.S. As a consequence of social alienation, migrant families live in continuous fear, which forces them to withdraw from the public sphere. Places that are supposed to provide safety become threatening; there are frequent instances, for example, of parents being detained while dropping their children off at school.[12]
How can migrants and refugees alongside allies challenge oppressive immigration policies and strategies of border enforcement?
For decades, migrants and refugees have fled violent conditions for the United States in search of a better life. However, after embarking on life-threatening journeys to reach the U.S, they are welcomed by dehumanizing immigration policies and social exclusion. Due to the dangerous nature of these journeys, community-led initiatives, such as The Rebel Project, have been established to ensure safe travel for migrants. The Rebel Project is an organized movement that consists of a network of migrant caravans and allies who advocate for the human rights of immigrants and refugees. The Rebel Project not only brings the migrant struggle to the world stage, but protects migrants on their journeys, and assists them in their asylum applications. This organization also provides legitimate opportunities for their diverse group of allies to directly support immigrants. Organizations such as the Rebel Project are vital for their use of collective power to resist state oppression.[13]
Inside the U.S, immigrants are faced with difficult living conditions which they have to resist. This resistance has been carried out through several methods, such as community networks, fundraisers, protests, social media campaigns, grassroots organizations, and strikes. Allies in California and Texas have provided extensive support for local immigrant families and organizations, such as La Unión del Pueblo Entero (LUPE), run donation drives to support families.[14] Demonstrations are organized by grassroots groups, such as “MoveOn,” which planned 185 protests on July 2, 2019. These initiatives publicly expose and challenge government practices, helping to raise awareness for the rights of asylum seekers and pushing for policy change.[15]
The obstacles that hinder Latin American migrants are institutional, legal, systemic, and cultural. However, the battle Latin Americans face is not lost, as collective action and social movements have attempted to defy the harmful state apparatus. Although this is a lengthy process, it is essential to safeguard the lives of Latin American migrants.