Illegal EncountersPub Date : 2019-02-19DOI: 10.18574/nyu/9781479887798.003.0004
Joanna Dreby
{"title":"Illegality and Children’s Power in Families","authors":"Joanna Dreby","doi":"10.18574/nyu/9781479887798.003.0004","DOIUrl":"https://doi.org/10.18574/nyu/9781479887798.003.0004","url":null,"abstract":"This chapter focuses on how regimes of illegality shape children’s power within families, specifically in their relationships with parents and siblings. It explores how unauthorized migration alters the experiences of three groups of children in Mexican migrant families: children in Mexico whose parents are unauthorized migrants in the United States; child migrants living in the United States, most often unauthorized like their parents; and children born in the United States to unauthorized parents. Drawing on interviews conducted with children in both Mexico and the United States, this chapter emphasizes the impact of gender, age and birth order on children’s experiences of power vis-à-vis their relationships with parents and other family members. A turn toward restrictive immigration policies has magnified the detrimental effects of enhanced enforcement and deportation regimes on families and especially on children and youth. U.S. immigration controls affect migrant and non-migrant children; both those whose parents migrate without them as well as those born to migrant parents in host countries. The specter of illegality within a family changes children’s roles and concrete responsibilities in their families as well as their feelings related to these changes.","PeriodicalId":173212,"journal":{"name":"Illegal Encounters","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-02-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126660756","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Illegal EncountersPub Date : 2019-02-19DOI: 10.18574/nyu/9781479887798.003.0007
S. Coutin
{"title":"The Post-1996 Immigrant Underclass","authors":"S. Coutin","doi":"10.18574/nyu/9781479887798.003.0007","DOIUrl":"https://doi.org/10.18574/nyu/9781479887798.003.0007","url":null,"abstract":"This chapter shows how children who immigrate to the United States from Central America are at risk of becoming an underclass, a set of individuals whose life opportunities are powerfully constrained by legal status. Child arrivals, as those who immigrate to the United States before turning 16 have come to be known, may experience a number of adverse circumstances, including violence in their country of origin, lengthy family separations, the challenges of immigrating without authorization, being undocumented in the United States, a lack of work authorization, challenges pursuing higher education, poverty, racism, the threat of removal, no opportunity to permanently regularize, and a deep disjuncture between legal and social experiences of belonging. This chapter charts the contradictory outcomes as young people move through legal systems. Although local, state and federal measures have provided undocumented students with some legal protections and educational benefits, these remedies remain limited and the threat or the actuality of deportation looms large. This chapter details the structural obstacles that place young immigrants in an underclass, confining them to spaces of legal nonexistence and forcing them to linger rather than move out of systems of immigration control.","PeriodicalId":173212,"journal":{"name":"Illegal Encounters","volume":"25 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-02-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116269324","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Illegal EncountersPub Date : 2019-02-19DOI: 10.18574/nyu/9781479887798.003.0012
Lauren Heidbrink
{"title":"Youth Negotiate Deportation","authors":"Lauren Heidbrink","doi":"10.18574/nyu/9781479887798.003.0012","DOIUrl":"https://doi.org/10.18574/nyu/9781479887798.003.0012","url":null,"abstract":"This chapter chronicles how young people experience deportation from the United States to Guatemala. It examines the policies and institutional practices that govern the removal of unaccompanied children and trace the ways in which young people and their families understand and navigate these policies and practices. Through multi-sited ethnographic research in the United States and Guatemala, the chapter reveals the various impacts of the forced “repatriation” of children, exacerbating the very conditions that spurred their migration and causing new interrelated uncertainties and related risks as “deportees.” As they are physically expelled from the United States, deported young people move out of U.S. legal systems. The effects of a forced “return” to their nations of origin produce new challenges such as feelings of isolation and vulnerability as well as danger, such that, in many ways, they continue to be in and moving through regimes of illegality. Demonstrating the long-term and geographically distant effects of the U.S. government’s deportation of children and youth, the chapter outlines the confining character of being out of a system, especially if once in it.","PeriodicalId":173212,"journal":{"name":"Illegal Encounters","volume":"29 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-02-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127890168","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Illegal EncountersPub Date : 2019-02-19DOI: 10.18574/nyu/9781479887798.003.0014
Deborah A. Boehm
{"title":"Dreaming across Borders","authors":"Deborah A. Boehm","doi":"10.18574/nyu/9781479887798.003.0014","DOIUrl":"https://doi.org/10.18574/nyu/9781479887798.003.0014","url":null,"abstract":"This chapter chronicles the in-between position of Dreamers, or undocumented migrant youth who were born outside of the United States, but have lived in the United States for many years and consider it home. Although these youth are undeniably transnational, they may find themselves trapped in the United States, unable to leave or safely return to the United States. This landscape changed to some extent with DACA, which created the possibility for young people to travel outside of the United States and return through a process called Advance Parole. However, even if approved, leaving the United States through Advance Parole could result in young people being denied reentry by U.S. officials and thus permanently excluded from the country. Based on ethnographic research with a group of DACAmented migrants who were invited by the Mexican government to visit “their homeland,” this chapter considers border crossings in a time of increasingly blocked movement for the majority of migrant youth. Although all youth were granted permission to travel to Mexico through Advance Parole, their returns—first to Mexico and then to the United States—demonstrate how DACA created a curious status of being both in certain legal categories, but persistently without access to formal national membership. Their liminal position underscores the insecurities of migrant youth more generally.","PeriodicalId":173212,"journal":{"name":"Illegal Encounters","volume":"20 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-02-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115219051","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Illegal EncountersPub Date : 2019-02-19DOI: 10.18574/nyu/9781479887798.003.0010
W. Young, Megan McKenna
{"title":"Representing Unaccompanied Children","authors":"W. Young, Megan McKenna","doi":"10.18574/nyu/9781479887798.003.0010","DOIUrl":"https://doi.org/10.18574/nyu/9781479887798.003.0010","url":null,"abstract":"The authors chronicle the long-term lack of due process for unaccompanied children in the U.S. immigration system. Current immigration law treats children as “little adults” with nominal recognition of their unique needs, vulnerabilities, and best interests. Approximately half of unaccompanied children in deportation proceedings were without attorneys in 2017, and more than 70 percent lacked representation in 2014, demonstrating the lasting effects of those who have already moved through detention and immigration proceedings and the challenges that children continue to face. The unprecedented increase in the number of children coming to the United States, which peaked in the summer of 2014 and was deemed a humanitarian crisis by President Obama, sparked changes in the system and resulted in more access to pro bono representation. At the same time, funding limits and a stalemate in the U.S. Congress posed new challenges as an increasingly political spotlight was placed on child arrivals, their motivations for leaving home and the treatment of these children. This chapter outlines the history of the U.S. government’s approach to unaccompanied children, changes in legal representation, and the challenges to full representation that persist as children move through U.S. legal regimes..","PeriodicalId":173212,"journal":{"name":"Illegal Encounters","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-02-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122262640","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Illegal EncountersPub Date : 2019-02-19DOI: 10.18574/nyu/9781479887798.003.0013
C. Valdivia
{"title":"Youth Activism","authors":"C. Valdivia","doi":"10.18574/nyu/9781479887798.003.0013","DOIUrl":"https://doi.org/10.18574/nyu/9781479887798.003.0013","url":null,"abstract":"This chapter explores how “illegality” and immigration status exclude undocumented youth from participating in formal political acts, such as voting and running for office, and may prevent them from legally driving and traveling. Undocumented youth also live under the constant threat and fear of deportation. At the same time, youth experience their immigration status in a way that gives them strength to become political participants within their communities, and to challenge restrictive laws through their organizing efforts, particularly as they explore enhanced possibilities for establishing national and transnational connections through the use of the internet and digital media. It examines the ways that undocumented young adults are building and sustaining critical spaces of belonging and resistance within a nation that legally excludes them. By “coming out of the shadows” and creating online petitions to stop deportations, immigrant youth show how being outside of political structures can also create spaces within them..","PeriodicalId":173212,"journal":{"name":"Illegal Encounters","volume":"49 4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-02-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114901663","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Illegal EncountersPub Date : 2019-02-19DOI: 10.18574/nyu/9781479887798.003.0008
Nina Rabin, C. Menjívar
{"title":"Youth on Their Own","authors":"Nina Rabin, C. Menjívar","doi":"10.18574/nyu/9781479887798.003.0008","DOIUrl":"https://doi.org/10.18574/nyu/9781479887798.003.0008","url":null,"abstract":"This chapter considers the experiences of youth with ties to Mexico who are living without their parents in the United States as a result of immigration enforcement. The authors analyze interviews with youth in Southern Arizona, about two thirds of whom were U.S. citizens, while the remainder were undocumented, DACA recipients, or had other forms of legal immigration status. The chapter considers the complex family structures and living arrangements of these youth. Their diverse experiences capture the varied and often heart-wrenching decisions immigrant families make about where young people are most likely to thrive. The youth described their sense of national belonging, their views of the U.S. government, their experiences with the detention and/or deportation of a parent, their language and cultural backgrounds, and their views of how the border shapes their hopes and dreams for the future. Many voiced a precocious sense of responsibility for their parents’ futures as well as an alarming misunderstanding of the viable legal options available to arrange legal residency or status for themselves and their families..","PeriodicalId":173212,"journal":{"name":"Illegal Encounters","volume":"21 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-02-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134432898","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Illegal EncountersPub Date : 2019-02-19DOI: 10.18574/nyu/9781479887798.003.0009
Susan J. Terrio
{"title":"Immigration Courts","authors":"Susan J. Terrio","doi":"10.18574/nyu/9781479887798.003.0009","DOIUrl":"https://doi.org/10.18574/nyu/9781479887798.003.0009","url":null,"abstract":"This chapter draws on extended observations within federal immigration courts and interviews conducted with sitting and retired immigration judges both before and after the 2014 influx of undocumented minors who were apprehended, detained, put into deportation proceedings, and forced to appear in fast track hearings. It examines the specific challenges judges face such as staff shortages, court backlogs, and negative press regarding the judicial training immigration they receive before appointment to the bench. Since 2014, stress on judges has been heightened with the creation of expedited juvenile hearings, the increased numbers of children in removal proceedings, overloaded dockets, a dramatic reduction in the proportion of children with legal representation, and mounting numbers of in absentia deportation orders. Immigration judges share views on what they see as their weak structural position within the U.S. Department of Justice, the power imbalances that favor the government and threaten both fairness and due process protections, the inadequate legal protections for immigrant children, and the heavy toll their work exacts through exposure to horrific persecution stories, heavy caseloads, and intrusive administrative oversight..","PeriodicalId":173212,"journal":{"name":"Illegal Encounters","volume":"49 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-02-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132475449","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Illegal EncountersPub Date : 2019-02-19DOI: 10.18574/nyu/9781479887798.003.0002
J. León
{"title":"Risky Border Crossings","authors":"J. León","doi":"10.18574/nyu/9781479887798.003.0002","DOIUrl":"https://doi.org/10.18574/nyu/9781479887798.003.0002","url":null,"abstract":"De León provides a critique of “Prevention through Deterrence,” the federal border enforcement policy that encourages migrants to cross in areas characterized by extreme environmental conditions and a high risk of death. This policy has failed to deter border crossers while successfully turning the rugged terrain of southern Arizona into a killing field for all undocumented migrants. The threatening space of the U.S.-Mexico border poses particular threats to children and youth who are attempting to cross, especially when crossing without adult family members. Guides and smugglers typically facilitate the movement of young people, or—which is equally dangerous—children increasingly attempt to cross alone or with groups of other children. As children and youth are apprehended trying to enter the United States, they also enter a complicated system of immigration enforcement and detention.","PeriodicalId":173212,"journal":{"name":"Illegal Encounters","volume":"25 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-02-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116746682","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Illegal EncountersPub Date : 2019-02-19DOI: 10.18574/nyu/9781479887798.003.0003
T. Hansen
{"title":"Social Citizens and Their Right to Belong","authors":"T. Hansen","doi":"10.18574/nyu/9781479887798.003.0003","DOIUrl":"https://doi.org/10.18574/nyu/9781479887798.003.0003","url":null,"abstract":"This chapter centers on migrants who were brought to the United States as children and who grew up here. Over time, children become embedded within U.S. communities, developing personal histories and social bonds as they reach adulthood. However, many of the young male interviewees found themselves caught up in a criminal and immigration enforcement system that they may not be able to exit. As undocumented Mexican youth in the United States, they may be subject to discrimination and labeled as “criminal aliens,” a racialized practice designed to confine and expel social undesirables, despite their strong connections to families, communities, and the nation. Focusing on claims of belonging and memories of apprehension, detention, and deportation among men in Nogales, Sonora, Mexico, the chapter demonstrates how, over time, multiple structures of social, economic, and political marginalization in the United States result in the expulsion of Mexican nationals who identify as U.S. social citizens.","PeriodicalId":173212,"journal":{"name":"Illegal Encounters","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-02-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122285795","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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