Theoretical error, real-world problems
27
Noncitizens bear the burden of inadequate theory
[29-year-old Esrafil] had no money and no home because his asylum
application had been refused and his support cut off. He was ill and could
notfindadoctorwhowouldtreathim.AlthoughterrifiedofreturntoIran
andconvincedhehadnothadafairhearing,hecouldnotfindalawyerto
takeonhiscase.Hesetfiretohimselfintheoffice,anddiedsixdayslater
in hospital.
(Refugee Action UK 20063)
From the details given above, it seems that Esrafil did not principally die of
poverty and ill-health. And he did not die in a country that lacked the resources
to help him to live. Though ostensibly built upon liberal democratic norms, the
UK (the country where this took place) did not acknowledge his presence within
them. He died because of a failure to recognise his living and human existence
within moral and legal frameworks, and his relationship with the State on whose
territoryhestood.TherelationshipEsrafilhadwiththeUK,wherehedied,was
represented only as a non-relationship. He was unwanted and so unacknow
ledged. According to the State’s policy framework, he should not have been
there. But he was. That is the burden that noncitizens bear – at its most extreme,
they must live in a system that only acknowledges them when it wants to. And
when it doesn’t want to, they are destined not to exist.
NotallthoserelatingasnoncitizenssufferasEsrafildid.Manylivewell,and
rarelyencountertheirnoncitizenshiptothisextent.Manyareabletousecitizen
ships or quasi-citizenships to overcome the most extreme noncitizen depriva
tions. A university lecturer from the UK, for example, may well live in the US,
so long as the university continues to renew its contract with her/im and the State
continues to let that count as reason enough for her/im to remain. S/he lives as a
noncitizen in the US insofar as her/is right to remain is contingent and her/is
quasi-citizenship is easily undone, giving rise to precarity. Once the university
ceases to employ her/im, the State most likely ceases to recognise its
relationship.
Noncitizens generally lack access to rights except through citizenship proxies.
When noncitizenship is left unacknowledged it is possible for a person’s living
human existence to be denied by a State, even when s/he is physically present on
its territory. On some occasions, this non-recognition might be considered worse
than death. The truth of this was tragically demonstrated in the example above
which speaks of the death, in 2006, of an Iranian young man who set himself on
fireinordertobeseen.
Noncitizens bear the burdens of their own non-recognition in four main
ways.4 First, the noncitizen burdens are felt upon the territory of a State – as in
thecaseofEsrafil.Forhim,pervasivecitizenism(theassumptionthatcitizenship
3 Refugee Action (2006) The Destitution Trap, Refugee Action, London p. 10.
4 This is developed in detail in Chapter 8.