‘Indian Migration and Empire:’ comment by Nadine El-Enany

The fourth post in our symposium on Radhika Mongia’s Indian Migration and Empire: A Colonial Genealogy of the Modern State is by Nadine El-Enany, who is Reader in Law at Birkbeck School of Law and Co-Director of the Centre for Research on Race and Law. She is author of(B)ordering Britain: Law, Race and Empire (Manchester University Press, 2020), co-author of Empire’s Endgame: Racism and the British State (Pluto, 2021) and co-editor of After Grenfell: Violence, Resistance and Response (Pluto, 2019).

It is a pleasure to be part of this symposium, especially because Radhika’s work has been such an inspiration to me. Unfortunately for me, her book came out just as I was finishing my own book, (B)ordering Britain: Law, Race and Empire. Though I managed to include some engagement with her work, I wished I’d had her book when writing my own. I have learned so much from it and can see various exciting links and possibilities for conversations with my own. For that reason, I’m particularly glad to have a chance to be part of this symposium. 

Radhika’s book takes the apparent ‘unremarkability’ of the monopoly states exercise over the movement of people and shows how, in actual fact, there is much to be said about this status quo that might lead us to rethinking and rearticulating scholarly and, indeed, activist approaches towards migration in a context of violently protected national boundaries. For me, one of the most salient contributions of the book is the revelation of the relationship between the metropolitan or modern state and the colonial state – in particular, the way in which the former has been shaped by the latter. The contours of Anglo-European nation-states, which once had empires ranging in scope and size, are historically contingent, having been moulded in the course of the formation and implementation of colonial migration regulations. In tracing the transition ‘from a world dominated by empire-states into a world dominated by nation-states’ (p. 1), Radhika thus points to a ‘fundamental colonial genealogy of the modern (nation-)state, in both the metropoles and the colonies’ (p. 3).

Radhika and I share an interest in drawing out and subjecting to analysis ‘the formation of key techniques and technologies for regulating migration’ (p. 3). For Radhika, such a focus enables the illumination of the relation between ‘patterns of migration’ which would otherwise be ‘held distinct’ (p. 3). Crucially, this approach allows for the undoing of ‘methodological nationalism’, which, as Radhika writes, ‘sees the national as the privileged site and scale for investigating migration, and, thereby, misunderstands how definitions of the “national” are necessarily implicated in, and emerge from, non-national, cross-statal, transcolonial, and inter- and intra-imperial forces’ (p. 3).

To my mind, this is a crucial project – to begin to unsettle the methodological nationalism which pervades mainstream scholarship on migration. Those of us who teach migration law from a critical perspective, will be familiar with the wide-eyed looks from students who are asked to question the legitimacy of the supposedly sovereign states they have come to take for granted, both as having always existed, or always destined to somehow come into existence, and crucially, as the only way of organising human life politically and geographically. However, when we begin to chisel away at this seemingly unshakeable status quo, as Radhika’s book does so powerfully, the geographical and political remnants of empire begin to surface, and like re-found jigsaw puzzle pieces, create a much clearer picture of seemingly separate sovereign nation-states as, in fact, embedded in their colonial pasts, and I would argue, suffering from a crisis of legitimacy.

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A Border In Every Street

This is a guest post by Sarah Keenan, who is a Lecturer in Law at Birkbeck, University of London. Keenan is the author of Subversive Property: Law and the Production of Spaces of Belonging, as well as numerous articles in the fields of property law, critical race theory, gender and sexuality, migration, and the politics of Indigenous Australia.

KeenanTwo summers ago, the British government announced that it would pass laws requiring  landlords to evict tenants who do not hold valid visas. As part of her efforts to convince poor African migrants that ‘our streets are not paved with gold‘, then Home Secretary Theresa May planned to make it a criminal offence for landlords to rent to irregular migrants. This plan, which has since been implemented by the Immigration Act 2016,[1] was part of May’s professed intention of intensifying the ‘hostile environment‘ for irregular migrants that her government had begun creating with the Immigration Act 2014. As the Church of England put it, the so-called ‘right to rent’ requirement creates a border in every street.

How do we understand such borders, which are at once invisible and real, intermittent and permanent; borders that operate by attaching to individual subjects wherever they go rather than bounding off a defined physical area; borders that are internal to the nation that has already been entered. In particular, how do we understand internal borders in Britain, a political entity that as Kojo Koram has argued, ‘has never really existed as a nation, it has only really functioned as an empire‘; an empire which once sought to extend its borders to encompass as much of the world as possible? As the empire crumbled, patterns of migration shifted from white British subjects moving out to colonise the world, to brown and black British subjects moving from resource-depleted home countries to the island motherland, seeking work and a better life. The British state responded to this arrival of non-white subjects with increasingly restrictive immigration laws which have the maintenance of white supremacy at their core. Immigration law has then combined with other areas of law to increasingly and literally restrict the physical space in which non-white subjects are able to safely exist on this island. Examining the hostile environment produced by the internal borders of the 2014 and 2016 Immigration Acts helps us to make sense of the means through which law produces racist landscapes in which material spatial boundaries exist for particular subjects and not others. Beginning with a brief discussion of how legal geography, critical race theory and critical disability studies assist in understanding the relationship between law, space and the human subject, I put forward the concept of ‘taking space with you’ as a way to understand the racist British landscape in which we live today.

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