Intersectionality: A Theoretical Framework for the Analysis of Immigration Policy
Open Access
- Author:
- Oboudiyat, Sameen
- Area of Honors:
- Philosophy
- Degree:
- Bachelor of Philosophy
- Document Type:
- Thesis
- Thesis Supervisors:
- Amy Rebekah Allen, Thesis Supervisor
Brady Bowman, Thesis Honors Advisor - Keywords:
- Intersectionality
Feminism
Women
Woman
Human Rights
immigration
policy
immigration policy
Women's Studies
Philosophy
Jurisprudence - Abstract:
- In 1989, Kimberlé Crenshaw coined the term Intersectionality in a paper for the University of Chicago Legal Forum (Crenshaw 1989). Since then, this concept has been extensively studies by feminist scholars and theorists. This paper seeks to explore this concept further, while simultaneously seeking to understand how it can be applied within the context of Immigration policy and jurisprudence. The first goal of this thesis is to establish a definition of intersectionality can be utilized as a lens through which to analyze the law and policy. Through a historical analysis of early liberal political philosophy, this thesis will unearth the foundations for the concept of Intersectionality and highlight how and why a necessity for such a theory emerged within feminist philosophy. It will then explore more contemporary literature which address intersectionality and analyze their contributions to the development of the theory. Though the synthesis of several working definitions that exist throughout the scholarship on the topic as well as other relevant theoretical considerations. The second half of this thesis will then seek to apply this definition and the conception of intersectionality which the first half of the paper derived to immigration policy within the United States. This will be done through two case studies. The first will be of the Supreme Court case United States v. Wong Kim Ark, that will establish the historical complexities of immigration policy in America (United States v. Wong Kim Ark). The next case study will focus on Madrigal v. Quilligan, which highlights the direct impact inadequate policy can have on the lives of female immigrants (Madrigal v. Quilligan). The paper will then proceed to analyze the body of policy which exists surrounding those seeking refugee or asylum status within the United States. The findings of this thesis argue that Intersectionality ought to be utilized as a framework for the analysis of Immigration Policy. Furthermore, doing so provides a means for the creation of more effective, just, and well-rounded policy that adequately accounts for the complex realities of countless individuals.