Establishing Identity: Documents, Performance, and Biometric Information in Immigration Proceedings

Kim, Jaeeun

doi:10.1111/j.1747-4469.2011.01249.x

Cited by 26 publications

(16 citation statements)

References 34 publications

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“…Kim : 76). This is one of the reasons why immigration scholars have focused mainly on the executive branch (see, e.g., Friedman , ; Gilboy ; Heyman ; J. Kim ; Satzewich ).…”

Section: Marriage Morality and Citizenshipmentioning

confidence: 99%

From a Spouse to a Citizen: The Gendered and Sexualized Path to Citizenship for Marriage Migrants in South Korea

Kim¹,

Kim²

2020

Law Soc Rev

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Morality has been a key factor in naturalization. However, defining what constitutes good moral character has never been specified, leaving interpretation of the good moral character requirement to the discretion of immigration officials and judges. Based on an analysis of court cases filed by marriage migrants, this article expands our understanding of the legal interpretation of the “good morality” requirement in two significant ways. First, by examining the nature of the morality requirements applied to marriage migrants applying for citizenship, we identify that controlling sexual morality is one of the key mechanisms of gendering the path to legal citizenship. Second, our analysis questions the fairness of the judicial rulings and shows that judges are not reliable allies for immigrant spouses. South Korean judges tend to show great deference to the administrative branch and rarely rule against the decisions of the immigration officials. Further, the rulings tend to follow cultural and gendered, rather than legal, understanding of “good” wives and husbands. Ultimately, in the case of South Korea we show that that marriage migrant moral jurisprudence deviates from the developing jurisprudence that decriminalizes intimate choices and challenges the traditional gender roles within a family.

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“…Kim : 76). This is one of the reasons why immigration scholars have focused mainly on the executive branch (see, e.g., Friedman , ; Gilboy ; Heyman ; J. Kim ; Satzewich ).…”

Section: Marriage Morality and Citizenshipmentioning

confidence: 99%

From a Spouse to a Citizen: The Gendered and Sexualized Path to Citizenship for Marriage Migrants in South Korea

Kim¹,

Kim²

2020

Law Soc Rev

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“…As for Korea, the unique historical experience of population management since Japanese rule makes past citizenship correspond with biological descent even to the degree that evidence of biological ties is required to prove one's or one's ascendant's past possession of Korean nationality (citizenship). See Lee (2012); Kim (2011).…”

Section: Widespread Practice Of Ethnizenshipmentioning

confidence: 99%

Nation v. State: Constitutionalizing Transnational Nationhood, Creating Ethnizens, and Engaging with Kin-Foreigners in Europe and Asia

Lee

2020

AsianJLS

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In the interstices of international law, quite a number of states have developed strategies to reach out to and engage with their diasporic populations or ethnonational kin outside of their borders who are not their citizens but citizens of the state in which they habitually reside. Some states even provide for that kind of policy in their Constitutions. Some states grant preferential treatment and special rights to “kin-foreigners,” thereby creating “ethnizens.” This article canvasses provisions in national Constitutions in Europe and Asia that provide grounds for engaging with the members of the nation outside of the state, analyzes the modes of engagement—mainly ethnizenship practices and various ways to strengthen links with diasporas—and examines the rules of engagement. It shows that the international norm has not provided effective guidelines regarding the strategies of transnational nation-building beyond the personal boundaries of the state and concludes that the decoupling the nation from the state registered by the transnational nationhood strategies falls short of constituting a departure from the logic of the Westphalian nation-state.

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“…In turn, Bhuyan (2008) examined how advocates interpret the ideologies on which VAWA is based, with direct repercussions for who can apply for this dispensation. Kim (2011, 761) investigated how migrants and bureaucrats in South Korea invoke various types of “identity tags”—documents, performance, or biometric information—to establish or deny the authenticity of kinship ties and to confirm or disclaim particular understandings of personhood, belonging, and entitlement. However, when published legal standards and related norms are new, emergent, or unclear, as in the case of the U Visa adjudication process, attorneys may rely more heavily on personal or informal knowledge or impressions they and their colleagues have gleaned from paper, phone, or in-person interactions with decision makers during daily legal practice, as well as the results of their previous clients’ comparable cases.…”

Section: Immigration Law In Actionmentioning

confidence: 99%

Producing Immigrant Victims’ “Right” to Legal Status and the Management of Legal Uncertainty

Lakhani

2013

Law soc. inq.

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This article investigates how lawyers manage legal and bureaucratic uncertainties associated with humanitarian immigration law by examining their representation of undocumented crime victims petitioning for U Visa status. Immigration attorneys craft dual narratives to persuade adjudicators that their clients qualify for and deserve this new legal status, but representing migrants well creates moral dilemmas. I explore how lawyers elicit and script narratives of "clean" victimhood to demonstrate that their clients qualify for U Visa standing. Next I argue that attorneys construct narratives articulating migrants' civic engagement to position their clients as contributing members of society who deserve legal status. The final section illustrates how the production of these narratives generates a range of professional and ethical dilemmas for lawyers. This examination of how law is developed within a confining legal framework that is at the same time not totally institutionalized extends the "law in action" paradigm, which has been animated primarily by analyses of how legal actors tailor the idiosyncratic details of discrete cases to match existing precedents.

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Establishing Identity: Documents, Performance, and Biometric Information in Immigration Proceedings

Cited by 26 publications

References 34 publications

From a Spouse to a Citizen: The Gendered and Sexualized Path to Citizenship for Marriage Migrants in South Korea

From a Spouse to a Citizen: The Gendered and Sexualized Path to Citizenship for Marriage Migrants in South Korea

Nation v. State: Constitutionalizing Transnational Nationhood, Creating Ethnizens, and Engaging with Kin-Foreigners in Europe and Asia

Producing Immigrant Victims’ “Right” to Legal Status and the Management of Legal Uncertainty

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