Liminal Legality: Salvadoran and Guatemalan Immigrants’ Lives in the United States

This article examines the effects of an uncertain legal status on the lives of immigrants, situating their experiences within frameworks of citizenship/belonging and segmented assimilation, and using Victor Turner's concept of liminality and Susan Coutin's "legal nonexistence." It questions black-and-white conceptualizations of documented and undocumented immigration by exposing the gray area of "liminal legality" and examines how this in-between status affects the individual's social networks and family, the place of the church in immigrants' lives, and the broader domain of artistic expression. Empirically, it draws on ethnographic fieldwork conducted among Salvadoran and Guatemalan immigrants in San Francisco, Los Angeles, Washington, D.C., and Phoenix from 1989 to 2001. The article lends support to arguments about the continued centrality of the nation-state in the lives of immigrants

Transformative Effects of Immigration Law: Immigrants’ Personal and Social Metamorphoses through Regularization

This article examines the enduring alterations in behaviors, practices, and self-image that immigrants’ evolving knowledge of and participation in the legalization process facilitate. Relying on close to 200 interviews with immigrants from several national origin groups in Los Angeles and Phoenix, the authors identify transformations that individuals enact in their intimate and in their civic lives as they come in contact with U.S. immigration law en route to and as a result of regularization. Findings illustrate the power of the state to control individuals’ activities and mind-sets in ways that are not explicitly formal or bureaucratic. The barriers the state creates, which push immigrants to the legal margins, together with anti-immigrant hostility, create conditions under which immigrants are likely to undertake transformative, lasting changes in their lives. These transformations reify notions of the deserving immigrant vis-à-vis the law, alter the legalization process for the immigrant population at large, and, ultimately, shape integration dynamics

Legal Violence: Immigration Law and the Lives of Central American Immigrants

This article analyzes how Central American immigrants in tenuous legal statuses experience current immigration laws. Based on ethnographic observations and over 200 interviews conducted between 1998 and 2009 with immigrants in Los Angeles and Phoenix and individuals in sending communities, this study reveals how the convergence and implementation of immigration and criminal law constitute forms of violence. Drawing on theories of structural and symbolic violence, the authors use the analytic category “legal violence” to capture the normalized but cumulatively injurious effects of the law. The analysis focuses on three central and interrelated areas of immigrants’ lives—work, family, and schooling—to expose how the criminalization of immigrants at the federal, state, and local levels is not only exclusionary but also generates violent effects for individual immigrants and their families, affecting everyday lives and long-term incorporation processes

Making Immigrants into Criminals: Legal Processes of Criminalization in the Post-IIRIRA Era

During a post-election TV interview that aired mid-November 2016, then President-Elect Donald Trump claimed that there are millions of so-called “criminal aliens” living in the United States: “What we are going to do is get the people that are criminal and have criminal records, gang members, drug dealers, we have a lot of these people, probably two million, it could be even three million, we are getting them out of our country or we are going to incarcerate.” This claim is a blatant misrepresentation of the facts. A recent report by the Migration Policy Institute suggests that just over 800,000 (or 7 percent) of the 11 million undocumented individuals in the United States have criminal records. Of this population, 300,000 individuals are felony offenders and 390,000 are serious misdemeanor offenders — tallies which exclude more than 93 percent of the resident undocumented population (Rosenblum 2015, 22-24).[1] Moreover, the Congressional Research Service found that 140,000 undocumented migrants — or slightly more than 1 percent of the undocumented population — are currently serving time in prison in the United States (Kandel 2016). The facts, therefore, are closer to what Doris Meissner, former Immigration and Naturalization Service (INS) Commissioner, argues: that the number of “criminal aliens” arrested as a percentage of all fugitive immigration cases is “modest” (Meissner et al. 2013, 102-03). The facts notwithstanding, President Trump’s fictional tally is important to consider because it conveys an intent to produce at least this many people who — through discourse and policy — can be criminalized and incarcerated or deported as “criminal aliens.” In this article, we critically review the literature on immigrant criminalization and trace the specific laws that first linked and then solidified the association between undocumented immigrants and criminality. To move beyond a legal, abstract context, we also draw on our quantitative and qualitative research to underscore ways immigrants experience criminalization in their family, school, and work lives. The first half of our analysis is focused on immigrant criminalization from the late 1980s through the Obama administration, with an emphasis on immigration enforcement practices first engineered in the 1990s. Most significant, we argue, are the 1996 Illegal Immigration Reform and Immigration Responsibility Act (IIRIRA) and the 1996 Antiterrorism and Effective Death Penalty Act (AEDPA). The second section of our analysis explores the social impacts of immigrant criminalization, as people’s experiences bring the consequences of immigrant criminalization most clearly into focus. We approach our analysis of the production of criminality of immigrants through the lens of legal violence (Menjivar and Abrego 2012), a concept designed to understand the immediate and long-term harmful effects that the immigration regime makes possible. Instead of narrowly focusing only on the physical injury of intentional acts to cause harm, this concept broadens the lens to include less visible sources of violence that reside in institutions and structures and without identifiable perpetrators or incidents to be tabulated. This violence comes from structures, laws, institutions, and practices that, similar to acts of physical violence, leave indelible marks on individuals and produce social suffering. In examining the effects of today’s ramped up immigration enforcement, we turn to this concept to capture the violence that this regime produces in the lives of immigrants. Immigrant criminalization has underpinned US immigration policy over the last several decades. The year 1996, in particular, was a signal year in the process of criminalizing immigrants. Having 20 years to trace the connections, it becomes evident that the policies of 1996 used the term “criminal alien” as a strategic sleight of hand. These laws established the concept of “criminal alienhood” that has slowly but purposefully redefined what it means to be unauthorized in the United States such that criminality and unauthorized status are too often considered synonymous (Ewing, Martínez, and Rumbaut 2015). Policies that followed in the 2000s, moreover, cast an increasingly wider net which continually re-determined who could be classified as a “criminal alien,” such that the term is now a mostly incoherent grab bag. Simultaneously and in contrast, the practices that produce “criminal aliens” are coherent insofar as they condition immigrant life in the United States in now predictable ways. This solidity allows us to turn in our conclusion to some thoughts about the likely future of US immigration policy and practice under President Trump. [1] These numbers are based on the assumption that “unauthorized immigrants and lawful noncitizens commit crimes at similar rates” (Rosenblum 2015, 22). However, there is research that provides good support that criminality among the undocumented is lower than for the foreign-born population overall (Rumbaut 2009; Ewing, Martínez, and Rumbaut 2015)

The Architecture of Feminicide: The State, Inequalities, and Everyday Gender Violence in Honduras

Increasing exclusion and inequality in Honduras have posed escalating security risks for women in their homes and on the streets. In this article, we examine gender-based violence against women, including gender-motivated murders (feminicides), the everyday acts that can result in their deaths, and impunity for these crimes. Rather than analyzing these murders as interpersonal acts or linking them to economic deprivation, we examine the actions and inactions of the state that have amplified violence in the lives of Honduran women. We distinguish between the state’s acts of omission and acts of commission in order to identify the political responsibility and failures that create a fertile ground for these killings. A context of multisided violence that facilitates extreme violence in the lives of women is present in Honduras, especially considering the diminishing power of civil society groups and increased political repression after the 2009 coup. We identify root causes of the wide (and widening) gap between laws on the books—which have been passed mostly to satisfy international and domestic organizations pushing for change—and laws in action, that is, implementation on the ground. Although we focus on Honduras, we note similar experiences of extreme violence in Guatemala, El Salvador, and in other countries in the Latin American region

Expropiación y confiscación

La presente tesis, ha sido elaborada con el fin de dar una orientación sobre lo que constituye la Expropiación y la Confiscación, principalmente a los estudiantes de Jurisprudencia y Ciencias sociales, por lo cual hemos tratado de realizarla de la mejor manera posible. Para ello recurrimos a la lectura de libros, revistas, periódicos de la constitución de la republica

Integrating gender perspective in interpreter training: a fundamental requirement in contexts of gender violence

This chapter aims to present the importance of specialization and acquisition of gender competence for the practice of interpretation in contexts of gender-based violence. The arguments are of a political and technical nature, such as compliance with legislation or improvement of the efficiency and quality of the services available. However, there are also ethical considerations. Gender training equips interpreters with an interpretative framework from which to focus on violence as a structural and systematic phenomenon. This conceptualization removes any normalization or justification of violence. It also enables interpreters to develop critical awareness of their own actions that help them identify or recognize cultural prejudices and stereotypes that are internalized and rooted in society and that hinder the scrupulous technical neutrality and ethical commitment required

Survival and integration: Kachin social networks and refugee management regimes in Kuala Lumpur and Los Angeles

How do refugees establish social networks and mobilise social capital in different contexts throughout a multi-stage migration process? Migrant social network literature explains how migrants accumulate social capital and mobilise resources in and between origin and destination but provides limited answers regarding how these processes unfold during refugee migrations involvingprotracted stays in intermediate locations and direct interaction with state agents. Drawing from ethnographic fieldwork with Kachin refugees in Kuala Lumpur and Los Angeles, I address these gaps by comparing refugee social networks in two sites of a migration process. Distinguishingbetween networks of survival and networks of integration, I argue that differences in their form and functions stem from their interactions with local refugee management regimes, which are shaped by broader state regulatory contexts. In both locations, these networks and regimes feed off each other to manage the refugee migration process, with key roles played by hybrid institutions rooted in grassroots adaptation efforts yet linked to formal resettlement mechanisms. Considering the refugee migration process as a whole, I show that Kachin refugees demonstrate their possession of socialcapital gained during the informal social process of migration to advance through institutionalised political processes of resettlement in each context

Corporeal Dimensions of Gender Violence: Ladina’s Self and Body in Eastern Guatemala

Based on 30 in-depth interviews with Ladina women and field work conducted in a rural town in eastern Guatemala, I examine the physical expressions that violence can take on the women's bodies, such as common physical ailments that result from emotional distress as well as sicknesses that are caused directly by the conditions in which they live. A central theme in the discussion is the embodiment of violence as it is expressed in the control of the women's body in the social milieu, such as the control of their socializing and visiting. I use a sociologically- and anthropologically-informed lens to situate corporeal questions within structures of social inequalities and human suffering and, thus, this examination contributes to debates about the relationship between body and society, macro and micro processes in the social world, as well as explorations between the women's lives and their rights. As such, this examination permits to unveil embedded structures of violence that assault the women's dignity and provoke suffering, as well as those instances in which gender solidarity is created. This examination allows us to explore implications for gender-based social justice