Week8: March 5: Immigration and the State (2): Immigration Status, Detention, Deportation, and Social Mobility

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1 Week8: March 5: Immigration and the State (2): Immigration Status, Detention, Deportation, and Social Mobility Outline: What does it mean to be illegal? How and why do states construct illegality? (De Genova 2002) o We should change it to undocumented, not illegal o The everyday life of undocumented migrants 1. Access to education -- Impact on children & youth 2. Labour market implications/ social mobility (Goldring & Landolt 2012) What does it mean to be illega? (De Genova 2002) Illegal immigration = immigration across national borders that in some way violates the immigration laws of the destination country General definition De Genova illegality is a problem to be solved o Role of researchers how they re involved in perpetuating this understanding of undocumentation; it s a policy issue, something that is really problematic and something policy makers need to express. o Ignores structural inequality o Documentation traditionally in domain of policy studies, demography, criminology Implications of studying undocumented migration as a question of demography, policy, or criminology o Illegality as a problem to be solved o Doesn t look at their everyday life o Criminology problematic; as people they are criminals (not just their activities); all 3 of these disciplines situate the whole process/activity/ un documented migration as a problem How and Why do States Construct Illegality? (De Genova 2002) The legal production of illegality (p. 429) Illegality = Political identity bc it is defined by the state The states constructs illegality through instruments (resources) such as, o Laws o Policies o Policing o Borders o Surveillance Detention and Deportation (Anna Pratt, 2006) o Also instruments or tools the state has its disposal in defining people as illegal o Detention and deportation are the two most extreme bodily sanctions of immigration penalty which

2 constitutes and enforces borders, police, non citizens identify those deemed not legal refuses them and casts hem out. As such, deportation and detention are key technologies that make up government and citizens. Undocumented migrations are not self-generating and random; they are produced and patterned (p. 424) How then, should we study the processes of undocumented migrations? (De Genova 2002) What s needed is HISTORICAL line of inquiry, analysis of LEGAL PROCESS by which categories become what they are ( Foucault) o We need to pay attention to the legal process that define categories, not the groups itself o How certain authority figures and people with power define certain things o De Genova we should look back historically and see how these categories have come to be and what role the law played in that Undocumented migrations = LABOUR MIGRATIONS o Undocumented migrations would be inconceivable were it not for the value they produce through the diverse services they supply to citizens (p. 422) o WHAT ARE THESE SERVICES??? o Two particular services: Domestic work pay not so high, feminized form of work, not much respect or status Labor that nobody else wants to do = (physical labor, unskilled labor) In Canada we have temporary labor jobs (i.e. to pick fruit in orchards, etc. Undocumented workers are paid less (because they re not on paper, they can t be found. No evidence Examples of labour that has exploitation (ie. Un skilled o What it means to be citizens and noncitizens o There s a normative component to this category of illegality and what it means to be citizens and legal: helps to define what isl legal, who believes, who don t? o Illegal/undocumented= heavily racialized The Everyday Life of Undocumented Migrants (De Genova 2002) De Genova s call to study the everyday life of undocumented migrants AND documented migrants and citizens

3 -Illegal migrants are not actually some organized group of people: it s a heterogeneous group of people who ended up with that status in a number of different ways. Undocumented migrants live amongst.. US. To explore what it means on the micro level to live in a society surrounded by people who HAS citizenship, so how do they interact with one another? -- WHY is this so important??? (see p. 422) -- HOW do we as researchers, as activists study the everyday life of undoc ed migration? Because people don t wear this status on their sleeves, etc.: 2 examples: 1. Educational context (Don t Ask, Don t Tell campaign) 2. Labour context (Goldring & Landolt study) Ex 1. The Educational Context: Undocumented migrant youth: Nobody is Illegal (NOII): Grassroots org that fights for rights of immigrants, refugees and asylum seekers Video screening: Education not Deportation (20:46) o Initiative to ensure the right of education for non-status immigrants in Toronto o Produced in 2010 by NOII, Toronto Chapter The Educational Context: Don t Ask, Don t Tell Discussion Questions: What strategies do NOII activists use to promote their cause? Do they seem effective? Are there other strategies that you think might be effective in the protection of undocumented youth and their right to education? o Rallies, marches, student protests, going to school board, involving the press (media) more coverage and to promote their cause o Go back to the UN convention (the right to child) o Good strategy they went to the community members (importance of alliance) o Yes, in that they re getting the message out there, but not in actually enforcing them (ex. Of one principal who doesn t know) o Educate the teachers, make it clear that everyone s welcome whatever status you have o Teachers and principals should know these policies o Last week, Toronto was deemed a Sanctuary City :D How does this video reflect de Genova s (2002) emphasis on the everyday life of undocumented migrants? What do we learn about the relationship between undocumented migrants and citizens? o Child s everyday life consists of school o Relationship They live in non existence space because they need to hide that they re illegal no access to social insurance,

4 health care, education because of status; they live in fear because of their status they can be deported or taken into detention o Relationship how parents can t come to school Ex. 2. The Labour Content The Impact of Precarious Legal Status on Immigrants Economic Outcomes (Goldring & Landolt 2012) Overview: Study analyzes the relationship between precarious employment and precarious legal status over time o How does precarious legal status impact labour market outcomes, as defined by job quality? Sample: 300 Latin American and Caribbean immigrant workers in GTA (arrival ) Methodology: quantitative and qualitative Summary Quantitative: o The authors found that initial job quality and legal status upon entry are significant predictors of current job quality. Summary Qualitative o Early precarious legal status can contribute to legal standing precarious work and why are there long term consequences o Help explain the long term effects of precarious status: Employer practices exploit to erode violate employment status Employees need to take a long time in trying to change their status (having to deal with bureaucratic issues is time consuming and emotionally draining) A. Precarious Status (Goldring and Landolt) Different elements in having precarious status: Lack of permanent authorization to reside Lack of permanent work authorization Limited or no access to entitlements and rights of permanent residents and citizens Limited family sponsorship Deportability (including threat of deportation ) actually a situation for all non permanent residents (whether legalised or not) (i.e. temporary worker, may have all papers done and they re allowed to be here, they re still in a precarious situation because they re still not safe ) Non-Status = refers to individuals who do not have the required permissions or documents that would establish their legal and undeniable right to live and work [in Canada] on a temporary or permanent basis (Berinstein, Mcdonald, Nyers, Wright, and Zeheri)

5 Precarious Status: authorized and unauthorized: PRECARIOUS STATUS (= all non-permanent residents) Authorized residence & work o Assigned a number 9 on SIN and immediately status is revealed o Temporary workers o Refugee claimants o Some intl students o In Ontario, these people can t access ex. Free English classes; also charged international fees; authorized migrants with a SIN that begins with 9 also have difficulties in getting a bank account Unauthorized work o Visitors o Some students o H & C pending (Humanitarian & Compassionate Review) Unauthorized residence & work o Denied claimants o Over-stayers o Unauthorized entry VERSUS SECURE STATUS o Citizens o Permanent residents B. Precarious Work: Precarious legal status and work Key findings:

6 Having had an early or any experience of precarious status has long-term and negative effects on job quality Job quality did not improve even when one s legal status eventually transitions to more secure status (path dependency starting out in precarious work and precarious status sets one on a track or pathway that is then hard to escape) o Starting with precarious status, kind of sticks with you for the rest of your life Regardless of what work or education you had before you came to Canada, without a work permit, had to do any job that they could get They can t contact authorities if they need help they re technically the illegal ones Implications and Recommendations The study of immigrant economic incorporation requires us to study the relationship between migration status, legal status trajectories and employment outcomes, measured by job quality and not just by employment rates and earnings Status trajectories are complex (not just legal vs illegal ) boundaries are porous (blend into one another), categories are variable and have long term effects o Study trying to show why it s important to broaden our scope to include illegal status RECOMMENDATIONS: Replace probationary forms of temporary migration with permanent residence, faster transitions to secure legal status and permanent residence, open work permits for temporary migrant workers (e.g. worker shouldn t be tied to employer as in LCP), improve labour market and workplace equity, and broader access to settlement services. Bill C-43 (June 2012) AKA the Faster Removal of Foreign Criminals Act Start off with one status then move onto citizenship but there s still a level of precarious status Creates possibility for moving from secure (back) to precarious status As Goldring & Landolt show, we must consider intersection of legal status trajectories, racialization, gender, and human and social capital Also gives power to the immigration minister to determine who gets to stay and who doesn t How does this relate back to de Genova??? o

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