In "Legal Violence: Immigration Law and the Lives of Central American
Immigrants", Cecilia Menjívar and Leisy J.Abrego show how the new immigration
legislation is affecting the lives of immigrants in the U.S. This takes them to
talk about legal violence that results from the enforcement of these laws as
they cause many difficulties and burdens for undocumented immigrants but also
for those documented. It affects immigrants as families, workers and
students. In Automobility, Immobility, Altermobility: Surviving and Resisting the
Intensification of Immigrant Policing, Angela Stuesse and Mathew Coleman
focus on the special effects that the enforcement of the new laws has on the
immigrants mobility and shows the creative ways in which the undocumented
immigrants of Georgia were able to create ways to escape law oppression.
The authors of the first article argue that due to the fact that the
structural and symbolic violence inherent in the laws seems to be ´motivated by
positive intentions or is the incidental by-product of other goals, or is
socially accepted or lauded´(p.1383) we tend not to realize it´s there.
However, this violence, codified in the law causes violent outcomes that result
in "immediate social suffering" (p.1384). The main contradiction of the new
legislation is that whereas it makes it more difficult for the immigrants to
become documented, the laws are more strict when punishing those immigrants and
not guaranteeing them the basic rights. Therefore, the state, as in the case of
the barrios in Bolivia is a kind of a
phantom that punishes illegality but does not extent protection that should be
guaranteed to U.S citizens to the undocumented immigrants. The challenges that an immigrant faces in the
U.S sometimes may start before even getting to the country as the smugglers at
the border impose enormous fees on them in order to let them go in a way that
they incur in debts since very early and if they can´t pay it, they are threatened and also their
families back home. This is an example of how immigration laws in the U.S
affect not only the immigrants but also their families back home.
The law shapes the everyday lives of the immigrants in different ways by
criminalizing them and therefore imposing on them a continuous threat of deportation. As the authors affirm that the attack on 9-11
established a link between immigration and crime/terrorism or more accurately
presented an opportunity to establish that link for the state. Mass media in
the country also contribute to this criminalization of immigrants as for example
the immigration raids are presented in a way that it associates immigrants with
crime. The status of ´undocumented´ makes immigrants more vulnerable by the
threat of deportation present in their lives as the number of deportations is
raising to the point that it reached 396, 906 in 2011. The looming fear of
being deported influences the decisions that immigrants make on their daily
basis. As shown by Stuesse and Colman, driving is one of the practices that
expose an immigrant the most to this threat and therefore many people have
decided to give up on driving as they don´t want to pay incredibly high fees
and especially being deported. This has given place to creative ways of
avoiding police controls by the immigrants such as creating social networks in
which they alert each other or collaborate so that the undocumented immigrants
don´t have to drive and therefore risk being deported. As Clara statement shows
the threat is crucial in when taking decision in their daily lives: "So no, we
don´t drive together. What if we are stopped and we get deported"(p.1401).
The constant workplace raids looking for undocumented immigrants affect
the immigrants´ work in that sometimes, out of fear, they don´t go to
work. This fear also allows more space
for the employers exploitation of the workers as the workers tend to accept
their depreciation as reflected by this immigrant words: "I´m illegal, I have no
rights. I´m nobody in this country" (p.1404).
For
The situation of the immigrants in the U.S, influenced by state promoted
laws, reminds one of the inhabitants of the barrios in Cochabamba who were
being oppressed by laws that gave them a status of illegal and at the same time they didn´t have access to basic legal protections. The fact that this phenomenon also seems to
occur in the U.S for the undocumented immigrants shows to what extent law
is one of the main instruments by which the state can manage its subject
realities.
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