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Singled Out: Scaling Violence and Social Groups as Legal Borderwork in U.S. Asylum Law
Authors:Cynthia S Gorman
Abstract:Through legal interpretation of immigration categories, such as the refugee definition, signatories to the UN Refugee Convention restrict access to political asylum. This paper examines how scalar logics are used in legal interpretation to filter out particular people from national space and control the number legally entitled to enter and remain in the U.S. Scalar logics shape access by requiring asylum seekers to prove they have been ‘singled out’ for persecution and by steering the meaning of the ‘particular social group’ provision of the refugee definition. The restrictive effects of these scalar logics are analyzed in relation to case law involving Central American asylum seekers fleeing gang‐related violence. These cases are often rejected on the basis that the asylum seekers possess identities and experiences exceeding the limited protection offered by asylum. Through analysis of these scalar logics, the paper highlights how interpretations of the refugee definition are an ongoing site of struggle over the scope of asylum protection.
Keywords:Central America  gangs  political asylum  refugees  scale  scalar logics
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