The Symbolic Criminalization of Asylum: Navigating Encounters with US Customs and Border Protection Officials

Abstract

On a hot summer day in one of the US Southwestern Migrant Shelter (SMS) facilities we stand in the dormitory hallway with Ana1 and her 10-year-old daughter, Gabriela, who fits easily in the toddler-sized stroller where she sits. Ana and Gabriela are seeking asylum in the United States. Ana pleads with us to help her contact her 18-year-old daughter, Esmeralda, who has been detained in a long-term immigrant detention facility after their separation by US authorities. Gabriela had remained quiet during our conversation, but as the topic turns to her older sister, she begins to audibly cry. It becomes clear in this moment—as in most others at the shelter—that the bureaucratic process of seeking asylum in the US is one created to instill fear and uncertainty in those who seek refuge in this country. Forced to leave their home in Guatemala due to violent threats against their family, Ana and her daughters traveled for 20 days before arriving at the US-Mexico border. The journey was long, traumatic, and exhausting, leaving them in poor health and in need of medical care. All three experienced vomiting and diarrhea and symptoms of dehydration, heat exposure, and lack of adequate food and water, which were common experiences among shelter guests. After surrendering to US authorities