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

Published online by Cambridge University Press:  27 December 2018

Jaeeun Kim
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Abstract

This article explores the politics of identification in immigration proceedings by examining the struggles over family-based immigration in South Korea in the context of ethnic Korean “return” migration from China. It focuses on micropolitical struggles in bureaucratic settings, analyzing how migrants and immigration bureaucrats struggle to establish kinship and marital status in order to secure or limit migrants' access to the labor market and citizenship. Drawing on fieldwork in both the sending and receiving communities, it shows how migrants and bureaucrats use various types of “identity tags” (official documents, performance, and biometric information) to establish the authenticity of family relations and to accept or reject particular understandings of personhood, belonging, and entitlement. It also highlights the multiple normative orderings that inform migrants' strategies (including their use of “fraudulent” identity) and their implicit or explicit challenge to the criminalizing and stigmatizing view of the immigration state.

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Articles
Information
Law & Social Inquiry , Volume 36 , Issue 3 , Summer 2011 , pp. 760 - 786
Copyright
Copyright © American Bar Foundation, 2011 

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References

References

Aas, Katja Franko. 2006. “The Body Does Not Lie”: Identity, Risk, and Trust in Technoculture. Crime, Media, Culture 2 (2): 143–58.Google Scholar
Abrams, Kerry. 2007. Immigration Law and the Regulation of Marriage. Public Law and Legal Theory Working Paper Series, No. 56. School of Law, University of Virginia, Charlottesville, VA.Google Scholar
Benda‐Beckmann, Franz von, Benda‐Beckmann, Keebet von, and Griffths, Anne, eds. 2005. Mobile People, Mobile Law: Expanding Legal Relations in a Contracting World. Burlington, VT: Ashgate.Google Scholar
Bourdieu, Pierre. 1991. Language and Symbolic Power. Cambridge, MA: Harvard University Press.Google Scholar
Böcker, Anita. 1994. Chain Migration over Legally Closed Borders: Settled Immigrants as Bridgeheads and Gatekeepers. Netherlands' Journal of Social Science 30 (2): 87–106.Google Scholar
Brodkin, Evelyn Z. 2003. Street‐Level Research: Policy at the Front Lines. In Policy into Action: Implementation Research and Welfare Reform, ed. Corbett, Thomas and Lennon, Mary C., 145–64. Washington, DC: Urban Institute Press.Google Scholar
Broeders, Dennis, and Engbersen, Godfried. 2007. The Fight against Illegal Migration: Identification Policies and Immigrants' Counterstrategies. American Behavioral Scientist 50 (12): 1592–609.Google Scholar
Brubaker, Rogers. 1998. Migrations of Ethnic Unmixing in the “New Europe. International Migration Review 32 (4): 1047–65.Google Scholar
Calavita, Kitty. 1992. Inside the State: The Bracero Program, Immigration, and the INS. New York: Routledge.Google Scholar
Calavita, Kitty. 2000. The Paradoxes of Race, Class, and Identity, and “Passing”: Enforcing the Chinese Exclusion Acts, 1882–1910. Law & Social Inquiry 25 (1): 1–40.Google Scholar
Calvo, Janet. 2004. A Decade of Spouse‐Based Immigration Laws: Coverture's Diminishment, but Not Its Demise. Northern Illinois University Law Review 24: 153–74.Google Scholar
Cannold, Leslie. 2008. Who's the Father? Rethinking the Moral “Crime” of “Paternity Fraud.” Women's Studies International Forum 31:249–56.Google Scholar
Carling, J⊘rgen. 2008. The Human Dynamics of Migrant Transnationalism. Ethnic and Racial Studies 31 (8): 1452–77.Google Scholar
Cartier, Geneviève. 2004. Reconceiving Discretion: From Discretion as Power to Discretion as Dialogue. SJD diss., Faculty of Law, University of Toronto, Toronto, Ontario, Canada.Google Scholar
Castles, Stephen. 2004. Why Migration Policies Fail. Ethnic and Racial Studies 27 (2): 205–27.Google Scholar
Chua, Amy. 1986. The Constitutionality of the INS Sham Marriage Investigation Policy Source. Harvard Law Review 99 (6): 1238–54.Google Scholar
Collier, Jane Fishburne, and Yanagisako, Sylvia Junko, eds. 1987. Gender and Kinship: Essays toward a Unified Analysis. Stanford, CA: Stanford University Press.Google Scholar
Cook, David M. 2008. Rules, Red Tape, and Paperwork: The Archaeology of State Control over Migrants, 1850–1930. Journal of Historical Sociology 21 (1): 82–118.Google Scholar
Coutin, Susan Bibler. 2000. Legalizing Moves: Salvadoran Immigrants' Struggle for U.S. Residency. Ann Arbor: University of Michigan Press.Google Scholar
Coutin, Susan Bibler. 2005. Contesting Criminality: Illegal Immigration and the Spatialization of Legality. Theoretical Criminology 9 (1): 5–33.Google Scholar
Davis, Alan. 1994. Are You My Mother? The Scientific and Legal Validity of Conventional Blood Testing and DNA Fingerprinting to Establish Proof of Parentage in Immigration Cases. Brigham Young University Law Review 1994 (1): 129–50.Google Scholar
Demleitner, Nora V. 2003. How Much Do Western Democracies Value Family and Marriage? Immigration Law's Conflicted Answers. Hofstra Law Review 32:273–311.Google Scholar
Dery, David. 1998. “Papereality” and Learning in Bureaucratic Organizations. Administration and Society 29 (6): 677–89.Google Scholar
Diamant, Neil J. 2001. Making Love “Legible” in China: Politics and Society during the Enforcement of Civil Marriage Registration, 1950–66. Politics and Society 29 (3): 447–80.Google Scholar
Dubler, Ariela R. 2000. Wifely Behavior: A Legal History of Acting Married. Columbia Law Review 100 (4): 957–1021.Google Scholar
Ellerman, Antje. 2005. Coercive Capacity and the Politics of Implementation: Deportation in Germany and the United States. Comparative Political Studies 38 (10): 1219–44.Google Scholar
Ewick, Patricia, and Silbey, Susan. 2003. Narrating Social Structure: Stories of Resistance to Legal Authority. American Journal of Sociology 108 (6): 1328–72.Google Scholar
Foblets, Marie‐Claire and Vanheule, Dirk. 2006. Marriages of Convenience in Belgium: The Punitive Approach Gains Ground in Migration Law. European Journal of Migration and Law 8 (3–4): 263–80.Google Scholar
Gilboy, Janet A. 1991. Deciding Who Gets In: Decision‐Making by Immigration Inspectors. Law and Society Review 25 (3): 571–600.Google Scholar
Goffman, Erving. 1959. The Presentation of Self in Everyday Life. New York: Anchor.Google Scholar
Golub, Mark. 2005. Plessy as “Passing”: Judicial Responses to Ambiguously Raced Bodies in Plessy v. Ferguson. Law and Society Review 39 (3): 563–600.Google Scholar
Haney López, Ian. 1996. White by Law: The Legal Construction of Race. New York: New York University Press.Google Scholar
Hernandez‐Leon, Ruben. 2005. The Migration Industry in the Mexico‐US Migratory System. California Center for Population Research, On‐line Working Paper Series (October 2005), CCPR‐049‐05. http://www.escholarship.org/uc/item/3hg44330?display=all (accessed August 28, 2010). Los Angeles: University of California, Los Angeles.Google Scholar
Heyman, Josiah McC. 1995. Putting Power into the Anthropology of Bureaucracy: The Immigration and Naturalization Service at the Mexico‐United States Border. Current Anthropology 36 (2): 261–87.Google Scholar
Jones, Carol A. G. 1994. Capitalism, Globalization and Rule of Law: An Alternative Trajectory of Legal Change in China. Social and Legal Studies 3 (2): 195–221.Google Scholar
Kendall, Laurel. 1996. Getting Married in Korea: Of Gender, Morality, and Modernity. Berkeley: University of California Press.Google Scholar
Kim, Jaeeun. 2009. The Making and Unmaking of a “Transborder Nation”: South Korea during and after the Cold War. Theory and Society 38 (2): 133–64.Google Scholar
Kim, Jaeeun. Forthcomingl. Colonial Migration and Transborder Membership Politics in Twentieth Century Korea. Ph. D. diss., Department of Sociology, University of California, Los Angeles.Google Scholar
Kyle, David, and Siracusa, Christina A. 2005. Seeing the State Like a Migrant: Why So Many Non‐Criminal Break Immigration Laws. In Illicit Flows and Criminal Things: States, Borders, and the Other Side of Globalization, ed. van Schendel, Williem and Abraham, Itty, 153–76. Bloomington: Indiana University Press.Google Scholar
Lau, Estelle T. 2006. Paper Families: Identity, Immigration Administration, and Chinese Exclusion. Durham, NC: Duke University Press.Google Scholar
Lieberthal, Kenneth G., and Lampton, David M., eds. 1992. Bureaucracy, Politics, and Decision Making in Post‐Mao China. Berkeley: University of California Press.Google Scholar
Lipsky, Michael. 1980. Street‐level Bureaucracy: Dilemmas of the Individual in Public Services. New York: Russell Sage Foundation.Google Scholar
Liu, Alan P. L. 1983. The Politics of Corruption in the People's Republic of China. American Political Science Review 77 (3): 602–23.Google Scholar
Loveman, Mara. 2007. Blinded Like a State: The Revolt against Civil Registration in Nineteenth‐Century Brazil. Comparative Studies in Society and History 49 (1): 5–39.Google Scholar
McKeown, Adam M. 2008. Melancholy Order: Asian Migration and the Globalization of Borders. New York: Columbia University Press.Google Scholar
Menjívar, Cecilia. 2006. Family Reorganization in a Context of Legal Uncertainty: Guatemalan and Salvadoran Immigrants in the United States. International Journal of Sociology of the Family 32 (2): 223–45.Google Scholar
Merry, Sally. 1988. Legal Pluralism. Law and Society Review 22 (5): 869–96.Google Scholar
Nelson, Alondra. 2008. Bio Science: Genetic Ancestry Testing and the Pursuit of African Ancestry. Social Studies of Science 38:759–83.Google Scholar
Ngai, Mae M. 2005. Impossible Subjects: Illegal Aliens and the Making of Modern America. Princeton, NJ: Princeton University Press.Google Scholar
Noiriel, Gérard. 2001. The Identification of the Citizen: The Birth of Republican Civil Status in France. In Documenting Individual Identity: The Development of State Practices in the Modern World, ed. Caplan, Jane and Torpey, John, 28–48. Princeton, NJ: Princeton University Press.Google Scholar
Robertson, Craig. 2009. A Documentary Regime of Verification: The Emergence of the US Passport and the Archival Problematization of Identity. Cultural Studies 23 (3): 329–54.Google Scholar
Ryo, Emily. 2006. Through the Back Door: Applying Theories of Legal Compliance to Illegal Immigration during the Chinese Exclusion Era. Law & Social Inquiry 31:109–46.Google Scholar
Sadiq, Kamal. 2009. Paper Citizens: How Illegal Immigrants Acquire Citizenship in Developing Countries. New York: Oxford University Press.Google Scholar
Sankar, Pamela. 1992. State Power and Record‐Keeping: The History of Individualized Surveillance in the United States, 1790–1935. Ph. D. diss., Annenberg School for Communication, University of Pennsylvania.Google Scholar
Schlee, Günther. 2006. Comment on Natahlie Peutz's Embarking on an Anthropology of Removal. Current Anthropology 47 (2): 217–41.Google Scholar
Schneider, David M. 1980 1968. American Kinship: A Cultural Account, 2nd ed. Chicago: University of Chicago Press.Google Scholar
Schuman, Amy, and Bohmer, Carol. 2004. Representing Trauma: Political Asylum Narrative. Journal of American Folklore 117 (466): 394–414.Google Scholar
Scott, James C. 1985. Weapons of the Weak: Everyday Forms of Peasant Resistance. New Haven, CT: Yale University Press.Google Scholar
Scott, James C. 1998. Seeing like a State: How Certain Schemes to Improve the Human Condition Have Failed. New Haven, CT: Yale University Press.Google Scholar
Scott, James C., Tehranian, John, and Mathias, Jeremy. 2002. The Production of Legal Identities Proper to States: The Case of the Permanent Family Surname. Comparative Studies in Society and History 44 (1): 4–44.Google Scholar
Seol, Dong‐Hoon and Skrentny, John D. 2009. Why Is There So Little Migrant Settlement in East Asia? International Migration Review 43 (3): 578–620.Google Scholar
Shue, Vivienne. 1988. The Reach of the State: Sketches of the Chinese Body Politic. Stanford, CA: Stanford University Press.Google Scholar
Solinger, Dorothy J. 1999. Contesting Citizenship in Urban China: Peasant Migrants, the State, and the Logic of the Market. Berkeley: University of California Press.Google Scholar
Sossin, Lorne. 2002. Law and Intimacy in the Bureaucrat‐Citizen Relationship. In No Person Is an Island: Personal Relationships of Dependence and Independence, ed. Rosiers, Natalie Des, 120–54. Vancouver: University of British Columbia Press.Google Scholar
Spener, David. 2009. Migration Industry versus Migrant Autonomy: Conceptual Issues and Rhetorical Implications. Paper presented at UCLA Migration Industry Conference, May, Los Angeles, CA.Google Scholar
Stevens, Todd. 2002. Tender Ties: Husbands' Rights and Racial Exclusion in Chinese Marriage Cases, 1882–1924. Law & Social Inquiry 27 (2): 271–305.Google Scholar
Strasser, Elisabeth, Kraler, Albert, Bonjour, Saskia, and Bilger, Veronika. 2009. Doing Family: Responses to the Constructions of “the Migrant Family” across Europe. History of the Family 14 (2): 165–76.Google Scholar
Taitz, J., Weekers, J. E. M., and Mosca, D. T. 2002. The Last Resort: Exploring the Use of DNA Testing for Family Reunification. Health and Human Rights 6 (1): 20–32.Google Scholar
Tarlo, Emma. 2003. Unsettling Memories: Narratives of the Emergency in Delhi. Berkeley: University of California Press.Google Scholar
Torpey, John. 2000. The Invention of Passport: Surveillance, Citizenship, and the State. New York: Cambridge University Press.Google Scholar
Vasta, Ellie. 2010. Immigrants and the Paper Market: Borrowing, Renting, and Buying Identities. Ethnic and Racial Studies 34 (2): 187–206.Google Scholar
Wray, Helena. 2006. An Ideal Husband? Marriages of Convenience, Moral Gate‐keeping and Immigration to the UK. European Journal of Migration and Law 8 (3–4): 303–20.Google Scholar
Wu, Xiaogang. 2001. Institutional Structures and Social Mobility in China: 1949–1996. Ph. D. diss., Department of Sociology, University of California, Los Angeles.Google Scholar
Yanagisako, Sylvia Junko and Delaney, Carol, eds. 1995. Naturalizing Power: Essays in Feminist Cultural Analysis. New York: Routledge.Google Scholar
Yang, Hyunah. 1998. Envisioning Feminist Jurisprudence in Korean Family Law at the Crossroads of Tradition/Modernity. Ph. D. diss., Department of Sociology, New School for Social Research, New York, NY.Google Scholar
Yngvesson, Barbara, and Coutin, Susan Bibler. 2006. Backed by Papers: Undoing Persons, Histories, and Return. American Ethnologist 33 (2): 177–90.Google Scholar
Viviana, Zelizer A. 2005. Purchase of Intimacy. Princeton, NJ: Princeton University Press.Google Scholar

Korean Sources (English translations of articles' titles and authors are those that appeared in the journals and search engines.)

Gungmin Daily. 2005. The Genetic Test Boom among the Coethnics from China. Gunmin Daily, July 14.Google Scholar
Gungmin Daily. 2006. The Lax Management of Citizenship. Gungmin Daily, July 10.Google Scholar
Kim, Eun‐Shil, and Min, Ga‐Young. 2006. The Gender Politics of Women Migration: Focused on the Discourse of “Women Lost” in the Korean‐Chinese Society and Experience of Migrated Korean‐Chinese Women. Women's Studies Review 23 (1): 35–72.Google Scholar
Lee, Hye‐Kyung, Chung, Kiseon, Yoo, Myungki, and Kim, Minjung. 2006. Feminization of Migration and Transnational Families of Korean‐Chinese Migrants in South Korea. Korean Journal of Sociology 40 (5): 258–98.Google Scholar
Lee, Myeong Jong. 2007. The Enforcement of the Resident Registration System and the Checkup of the Family Register for the Draft System in Korea during the Late Japanese Colonial Period. Society and History 74:75–106.Google Scholar
Lee, Seon Mi. 2004. A Survey on the Family Welfare of Korean‐Chinese Women. Journal of North-East Asian Studies 30:103–26.Google Scholar
Park, Dong‐Lyul. 2006. False Entries in the Crime of the False Entries in an Authentic Deed: Focusing on the Criteria for False Entries, Legal Effect and the Relationship Thereof. Comparative Criminal Law Studies 8 (1): 231–51.Google Scholar
Yoon, Tae Soon. 2008. The Family Law's Problems Caused by Increase of International Marriages between China and Korea: Yeonbyeon Joseon Family's Disguised Marriage. Family Law Studies 22 (1): 61–90.Google Scholar