领土、权利和移民司法:无证第一修正案权利,或权利获取的非领土化

Jacob P. Chamberlain
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摘要

本文分析了强大的移民权利组织 "移民正义"(Migrant Justice)的工作,因为他们是当今美国移民活动家挑战州界社会政治束缚、推动权利获得新方向的典范。这项工作利用了与移民正义组织长达一年的人种学研究,当时他们正面临移民当局的严密盯梢和监视,包括使用秘密线人,以应对他们在佛蒙特州成功的劳工和人权组织活动。本作品特别详细介绍了移民正义组织针对联邦政府的这种针对行动提起的第一修正案权利诉讼。在这起开创性的诉讼中,移民正义组织直接挑战联邦政府,迫使联邦移民当局承认无证移民活动家享有宪法权利。在这种对立力量的交汇中,我们当然看到了针对移民行动者的恶劣侵权行为,但我们也看到了新的、逐渐强大的反抗形式的范例,这些反抗形式对国家基于边界和地域对人权和公民权利的限制提出了具体的挑战。这项工作利用斯图尔特-埃尔登(Stuart Elden)的领土概念--作为控制的过程和实践--来理解移民对国家认可的排斥和剥削的反抗,以及这些对国家权力的挑战如何为政治归属创造新的空间。通过这种方式的分析,我们可以将移民正义的工作视为日益将居民与国家权力之间的关系去领土化--消除对权利和归属的空间限制。在整部作品中,"去领土化 "概念作为一种移民反抗形式得到了解读和定义,从而理解了当今移民行动主义的全部潜力。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Territory, rights, and migrant justice: Undocumented first amendment rights, or the deterritorialization of rights access
This paper analyzes the work of the powerful migrant rights organization Migrant Justice, as they exemplify ways in which migrant activists in the U.S. today are challenging the socio-political confines of bordered state territory and are pushing the landscape of rights access in new directions. This work utilizes a year-long ethnography conducted with Migrant Justice as they faced intense targeting and surveillance from immigration authorities, including the use of a covert informant, in response to their successful labor and human rights organizing in the state of Vermont. This work in particular details Migrant Justice’s First Amendment rights lawsuit against the federal government in response to this targeting. Here, Migrant Justice directly challenged the federal government in a groundbreaking lawsuit that saw federal immigration authorities forced to acknowledge constitutional rights for undocumented migrant activists. In this confluence of opposing forces, we of course see egregious abuses against migrant actors, but we also see exemplifications of new and progressively powerful forms of resistance that are posing a specific challenge to the state’s bordered and territorially based limitations on human and civil rights. This work utilizes Stuart Elden’s conception of territory—as a process and a praxis of control—to understand migrant resistance to state-sanctioned exclusion and exploitation and the ways in which these challenges to state power are creating new spaces for political belonging. An analysis in this way allows us to see the work of Migrant Justice as that which increasingly deterritorializes relationships between residents and state power—an undoing of spatial limitations on rights and belonging. Throughout this work, the concept of deterritorialization as a form of migrant resistance is unpacked and defined to understand the full potentials of migrant activism today.
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