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.
Two 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, 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.