On indigeneity and migrations: Josué López, ‘CRT and Immigration: Settler Colonialism, Foreign Indigeneity, and the Education of Racial Perception’, University of Maryland Law Journal of Race, Religion, Gender and Class, 19, 1, 2019 | settler colonial studies blog

On indigeneity and migrations: Josué López, ‘CRT and Immigration: Settler Colonialism, Foreign Indigeneity, and the Education of Racial Perception’, University of Maryland Law Journal of Race, Religion, Gender and Class, 19, 1, 2019

06Jul19

Excerpt: A wall will not end immigration, and neither will immigration laws and policies. Rather, these policies and practices serve to dehumanize immigrants and position them in precarious legal positions where their personhood is constantly called into question. Analyses of immigration from Latin America do not usually focus on Indigenous peoples. When Indigeneity is centered, an examination of immigration policies is made more complex due to the relationship between the State’s power over regulating the movement of people across its borders and a legacy of settler colonialism that recognizes the State exists on stolen lands. Immigration policies are a contemporary manifestation of the legacy of settler colonialism. In this article, I specifically examine the power of the United States to set the standard for what constitutes a legitimate asylum claim. I ask two principal questions: (1) What happens to the lived experience of Indigenous peoples when filtered through an asylum claim? (2) How does a settler colonial framework illuminate the relationship between facts and asylum claims for Indigenous peoples?

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