Constructing the nation through immigration law and legal processes of belonging

Valerie Molina

doi:10.32920/ryerson.14657223

Abstract

The aim of this critical literature review is to define the connection between immigration policies and the construction of a national identity, and to discuss what the implications of such connections may be. Tracing how the legal subjectivity of the migrant has developed throughout time and through policy reveals how messages about the nation and Others are created, sustained, and circulated through legal policies. What values are implicit within Canadian immigration policy? How does the migrant ‘other’ help ‘us’ stay ‘us’? How do nationalist ideologies construct the Other and how is this reflected in labour market segmentation? Constructing a national identity involves categorizing migrants into legal categories of belonging, a process in which historical positions of power are both legitimized and re-established through law. Discourses about temporary foreign workers provide examples of how the Other is framed in limited terms and in opposition to that of legitimate members of Canadian society. Key Terms: Citizenship, discourse, subjectivity, immigration law, identity, power, humanitarianism, temporary foreign workers, labour market segmentation.

Highlights

IntroductionWhy are people migrating to begin with?" This was the question that interrupted my colleagues and I as we discussed the many reasons why immigrants have a difficult time settling in Canada
The concept of citizenship contributes to the belief that only citizens are entitled to basic rights and privileges within the Canadian state. It is within this ideology that migrant workers are constructed as exploitable commodities that reside within our borders, but remain forever outside of the dominant national imagination
Citizenship- as a concept based on maintaining the values of the historically dominant group- has functioned as an extension of nationalist ideologies that have historically been dependent on, the exploitation and exclusion of those considered 'strangers'

Summary

Introduction

Why are people migrating to begin with?" This was the question that interrupted my colleagues and I as we discussed the many reasons why immigrants have a difficult time settling in Canada. When our graduate course professor interrupted our discussion with the aforementioned question, the class fell silent as many of us must have realized that tracing the need to migrate in the first place is rarely something we are urged to think about in such a straightforward manner. Answering this question is a long and difficult process. The racial logic that constitutes Canada as a white nation, the colour of my skin, the features of my face or a number of other culturally and racially understood markers of my Otherness compels some people to second-guess my description of myself as "Canadian." Who looks, behaves, speaks, or is Canadian enough, to be considered Canadian?

Methods

Discussion

Conclusion