The Historical Rhymes and Reasons of Policing U.S. Spousal Reunification: How the Legacy of U.S. Policing Practices Inform Marriage Fraud Investigations

When U.S. citizens petition for "green cards" on behalf of a foreign spouse, they must demonstrate to immigration officials that their relationships are genuine to obtain approval. When officials suspect marriage fraud, they can place couples into Administrative Processing, an undetermined period during which couples undergo additional scrutiny to ensure that the relationship is not a sham or the beneficiary does not threaten national security. This study investigates how the history of U.S. law enforcement methods of policing and surveillance used among Black populations inform the Administrative Processing experiences of women petitioners petitioning for Black husbands from the Sub-Saharan, thereby contributing to the U.S. racial project. Using content analysis of an online forum where petitioners exchange advice and stories with similar others, we show that these couples encounter racialized surveillance methods that are reminiscent of those historically used to police Black populations, particularly men, and miscegenation in the pre-Civil Rights era. We argue that Administrative Processing contributes to the larger U.S. racial project as it facilitates racialized border control by limiting border access to those immigrants that the state deems 'undesirable' and reinforces the internal racial hierarchy through the financial and social inequality imposed on Black or interracial petitioning couples that potentially have lasting effects long after family reunification is complete. Ultimately, these family migration policies and regulations extend racial inequalities and impacts of law enforcement within communities of color beyond the physical border.