U.C.L.A. Law Review
U.C.L.A. Law Review Unsettling the Border Sherally Munshi ABSTRACT When scholars and lawmakers ask who should be allowed to cross borders, under what circumstances, on what ground, they often leave unexamined the historical formation of the border itself. National borders are taken for granted as the backdrop against which normative debates unfold. This Article intervenes in contemporary debates about border crossing by bringing the border itself into the frame of normative consideration. It does so by exploring the colonial dimensions of the national border and calling attention to the ways in which national borders circumscribe and constrain the political imaginary. Focusing on the United States in particular, this Article seeks to defamiliarize the southern border by resituating it within a widened context of settler colonialism and hemispheric domination. Rather than offer a normative case for building a wall or opening borders, this Article asserts that meaningful engagement with the border question requires that we unsettle the border by critically examining the colonial processes and epistemic formations that naturalize and legitimate it. AUTHOR Sherally Munshi, Associate Professor of Law, Georgetown University Law Center. I am indebted to many friends and colleagues who offered helpful feedback at various stages, especially Allegra McLeod, Tendayi Achiume, Aslı Bâli, Sheryll Cashin, Joshua Cohen, Laura Cahier, Seth Davis, Pratheepan Gulasekaram, Kaaryn Gustafson, Erica Hashimoto, Leila Kawar, Betsy Kuhn, Stephen Lee, Itamar Mann, Naomi Mezey, Jaya Ramji-Nogales, Carrie Rosenbaum, Louis Seidman, Phil Schrag, and Madhavi Sunder. I am grateful to organizers of the Georgetown Law Faculty workshop, CLEAR Perspectives Series at UC Irvine School of Law, the Berkeley Refugee and Migration Law Workshop, and the UCLA Law Review’s January 2020 Symposium, Transnational Legal Discourse on Race and Empire, for giving me the opportunity to share versions of this Article.
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