Legal hostilities: Navigating queerness, emotion, and space in asylum law

Abstract

Asylum laws, policies, and bureaucracies are structured by spatializing logics of emotion such as compassion, sympathy, fear, anxiety, and hostility. For lesbian, gay, bisexual, transgender, intersex, and queer (LGBTIQ) people who seek asylum, legal recognition as a refugee is contingent on the extent to which receiving states believe they are deserving of compassion and care. This materializes spatially through racialized legal and administrative cartographies of safety and danger that position LGBTIQ people as being at risk of a “well-founded fear” of persecution. Meanwhile, those LGBTIQ people who seek asylum in a “disorderly” manner or present “disrupted” narratives of either their identity or persecution generate administrative anxieties and hostilities as states seek to “guard” the border from disingenuous claims and dangerous bodies. For LGBTIQ people who seek asylum in the United Kingdom (UK), these affective tensions become apparent in the hostile bordering practices of law that seek to narrowly codify sex, gender, sexuality, race, culture, and harm. Drawing on a rich data set of LGBTIQ asylum cases from the UK, this paper adopts hostility as a novel analytic lens to map carefully how: (1) hostility materializes as a substantive object of legal or administrative scrutiny when understanding the nature of LGBTIQ identity and persecution and (2) hostility emerges procedurally through status determination processes as an “emotional grammar” to limit the possibilities of legal recognition. This affective critical work is normatively significant if we (as scholars and lawyers) are to create spaces within law and policy to support LGBTIQ people who seek asylum.