Crimmigrating Narratives: Examining Third-Party Observations of US Detained Immigration Court.
Journal
Law & social inquiry : journal of the American Bar Foundation
ISSN: 0897-6546
Titre abrégé: Law Soc Inq
Pays: United States
ID NLM: 101083956
Informations de publication
Date de publication:
May 2023
May 2023
Historique:
pmc-release:
01
05
2024
medline:
22
12
2023
pubmed:
22
12
2023
entrez:
22
12
2023
Statut:
ppublish
Résumé
Examining what we call "crimmigrating narratives," we show that US immigration court criminalizes non-citizens, cements forms of social control, and dispenses punishment in a non-punitive legal setting. Building on theories of crimmigration and a sociology of narrative, we code, categorize, and describe third-party observations of detained immigration court hearings conducted in Fort Snelling, Minnesota, from July 2018 to June 2019. We identify and investigate structural factors of three key crimmigrating narratives in the courtroom: one based on threats (stories of the non-citizen's criminal history and perceived danger to society), a second involving deservingness (stories of the non-citizen's social ties, hardship, and belonging in the United States), and a third pertaining to their status as "impossible subjects" (stories rendering non-citizens "illegal," categorically excludable, and contradictory to the law). Findings demonstrate that the courts' prioritization of these three narratives disconnects detainees from their own socially organized experience and prevents them from fully engaging in the immigration court process. In closing, we discuss the potential implications of crimmigrating narratives for the US immigration legal system and non-citizen status.
Identifiants
pubmed: 38130898
doi: 10.1017/lsi.2022.16
pmc: PMC10732548
doi:
Types de publication
Journal Article
Langues
eng