They Don’t Know They Have Papers: How Bolivia’s Low Infrastructural Power Fosters Undocumented Migration

• In Event: 2384 - Section on International Migration Refereed Roundtable Session
  In Refereed Roundtable 60min: Table 12. Legality and Irregular Migration

Abstract

The Mercosur Residency Agreements (2001) have been widely adapted as national policy awarding undocumented immigrants within South America access to legal residency and rights. However, many indigenous immigrants remain undocumented. Drawing on 114 interviews with migrant serving actors and advocates in Argentina, Bolivia, Brazil, Chile, Paraguay, and Uruguay, this article explicates how the Aymara, Quechua and Guarani indigenous populations from Bolivia relate to the law in Bolivia and the country of destination and, thus, remains undocumented. I find that the Bolivian state has not reach indigenous communities in rural areas, especially the highlands, and these communities do not have access to government identification documents (i.e., birth certificates or passports) or public education. Consequently, many of these communities live without the usage of government identification documents and preserve pre-colonial understandings of free movement of peoples via the Inca Trail. This indicates that indigenous immigrants have denationalized notions of the rules and norms of migration. Overall, indigenous immigrants who had limited contact with the Bolivian state, lack state-issued identification documents, and who view border check points as an unnecessary hassle tend to migrate without authorization. Once in the country of destination, indigenous immigrants with limited educational attainment, limited proficiency of Spanish or Portuguese, and who live in poverty tend to remain disconnected from the state and unaware of their ability to access legal residency or rights. In this manner, this article contributes to the literatures of international migration and legal consciousness. First, this study departs from previous research on the legal consciousness of undocumented immigrants that focuses primarily on the country of destination. Additionally, this study explores how previous legal socialization at the country of origin (or lack of) and denationalized indigenous norms of migration shape legal consciousness at the country of destination.

Author

• Deisy Del Real, University of California-Los Angeles