LITMIR.BIZ

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      Despite antimigrant exclusionary rhetoric, it is not in the interests of the state or capital to close down the border to all migrants. Activist and academic David McNally observes that “it’s not that global business does not want immigrant labor to the West. It simply wants this labor on its own terms: frightened, oppressed, vulnerable.”(86) Consequently, the violence enacted on those bodies that have been displaced by imperialist and capitalist foreign and trade policy is further enabled through the deliberate making of migrant and undocumented workers as perpetually displaceable by colonial and capitalist immigration and labor policies. The state processes of illegalization of migrant and undocumented workers, through the denial of full legal status that forces a condition of permanent precarity, actually legalizes the trade in their bodies and labor by domestic capital. This strengthens the earlier contention that the state is evolving its structures to protect neoliberal transnational capitalism.

      Capitalism’s drive to maximize profit requires a constant search for cheap labor and effective mechanisms to control workers. Historian Harold Troper notes that the denial of legal citizenship to temporary migrant and undocumented workers allows states to accumulate domestic capital via the “in-gathering of off-shore labor” in order to compete in the global market.(87) Theorists Carlos Fernandez, Meredith Gill, Imre Szeman, and Jessica Whyte write, “Without the border, there would be no differential zones of labor, no spaces to realize surplus capital through the dumping of overproduction, no way of patrolling surly populations that might want to resist proletarianization, no release valve for speculative access.”(88) Migrant and undocumented workers thus are the flip side of transnational capitalist outsourcing, which itself requires border imperialism and racialized empire to create differential zones of labor. These workers represent the ideal workforce, particularly in the recent era of austerity: commodified and exploitable; flexible and expendable.

      Migrant and undocumented workers, especially women, are overrepresented in low-wage sectors such as garment and domestic work. Under the Live-In Caregiver Program (LCP) in Canada, for example, predominately Filipina migrant workers enter Canada as domestic workers. They are required to work for twenty-four months within a window of four years in order to qualify for permanent residency. During this period, the women must work only in the home of the employer whose name appears on the work permit. Although the program calls for a maximum in the workweek, the live-in aspect of these jobs allows employers to call on the caregivers at any time.

      This exposes the women to labor violations including unpaid or excessive work hours, additional job responsibilities, confiscation of travel documents, disrespect of their privacy, and sexual assault. As one migrant domestic worker remarks, “We know that, under the LCP, we are like modern slaves who have to wait for at least two years to get our freedom.”(89) In addition to the supply of cheap labor provided by migrant women under the LCP, the program serves a critical function in the capitalist economy. By facilitating the replacement of domestic labor for middle-class and rich women through the LCP, the state is absolved of the responsibility to create a universal child and elder care program that benefits all women and families.

      Within border imperialism, migrant and undocumented workers are included in the nation-state in a deliberately limited way, creating a two-tier hierarchy of citizenship. The common naming of migrant workers as foreign, illegal, or temporary automatically signals their nonbelonging. For sociologist Himani Bannerji, these expressions are “certain types of lesser or negative identities” that in actuality are “congealed violence or relations of domination.”(90) She reveals how such terminology has little to do with how long these workers have lived and worked within the nation-state; rather, it signals their permanent positioning on the bottom rungs of the socioeconomic ladder. The noncitizen status of these workers guarantees that they fall outside the realm of the state’s obligations; they can be paid less than minimum wage, prevented from accessing social services, and deported during recessions without the elite having to worry about unemployment rates or social unrest. For this underclass, their selective inclusion within the nation-state as well as legal (un)national identity as foreign or temporary normalizes the status of their unfree labor and exclusion from the state’s regime of rights.

      The noncitizen status of undocumented and migrant workers also makes them vulnerable to abuse and stigma within society. Poor and working-class people are socialized through the media to view these workers as “stealing jobs” and “flooding neighborhoods,” a divide-and-conquer strategy that Saket Soni of the New Orleans Worker Justice Coalition describes as “wedge” politics that pits people against migrant workers.(91) Sharma similarly expresses this when she comments, “Categories of legality and illegality are therefore deeply ideological. They help to conceal the fact that both those represented as foreigners and those seen as Canadian work within the same labour market and live within the same society.”(92)