At the Borders of the Body Politic: Fetal Citizens, Pregnant Migrants, and Reproductive Injustices in Immigration Detention

Abstract

To analyze intersecting power relations in reproductive and immigration politics, I examineGarza v. Hargan(an appellate case regarding unaccompanied immigrant minors’ abortion rights) alongside systemic injustices in immigration detention (e.g., exposure to miscarriage risks, coerced sterilization, shackling). These injustices, I argue, emerge from conflicts and compromises over fetal citizenship within the American radical right. Although pro-life and anti-immigrant discourses assume opposing logics of citizenship, respectively interpreting immigrants’ fetuses as “fetal citizens” or “anchor babies,” these contradictions are neutralized by two techniques. Debilitation (systematic degradation of a disposable population) enables the appearance of fetal protection to coexist with de facto exposure to death, injury, and risk. Paralegality (quasi-legal policy making by enforcement agents) allows situational shifts in the meaning of fetal citizenship and adjustments to the pro-life/anti-immigrant compromise. Both obscure culpability for reproductive injustice, reinforce interlocking oppressions, and control women’s bodies in order to control the body politic’s demographic future.