The production of trans illegality: Cisnormativity in the U.S. immigration system

Abstract

Drawing from critical scholarship on immigrant illegality and transgender studies, this paper examines how trans immigrants may be more prone to vulnerabilities in the U.S. immigration system. Cisnormativity, a hierarchical system of power that structures legal, administrative, and policing systems, produces the “hypervisibility” of gender variance. We add to migration scholarship by analyzing how cisnormativity can intersect with the production of immigrant illegalities and can render trans immigrants as hypervisible and, where possible, attend to the ways in which, paradoxically, trans subjectivity is also erased. Trans immigrants can be more susceptible to arrest, criminal prosecution, detention, deportation, blocked paths to citizenship, or adjustment of status. With trans studies' insights on the criminalization of gender variance and administrative documentation, we investigate the particularities of visibility for trans immigrants as they inform legalities and social exclusions. We end with a call for more empirical research on the experiences of trans immigrants and the complex inclusions and exclusions that structure U.S. immigration policy.