JOURNAL OF ETHNIC AND MIGRATION STUDIES
2021, VOL. 47, NO. 5, 970–987
https://doi.org/10.1080/1369183X.2020.1803056
Access to citizenship for abandoned children: how migrants’
children become ‘stateless’ in Japanese orphanages
Sari K. Ishii
College of Sociology, Rikkyo University, Tokyo, Japan
ABSTRACT
ARTICLE HISTORY
There is a gap between the legal definition of abandoned children
and the ambiguous condition of migrants’ abandoned children.
Building on the theoretical frameworks of Mahdavi’s ‘legal
production of illegality’, and Gonzales’s ‘the law and the clock’,
this article highlights the importance of time as a factor for the
legal production of statelessness. The cases of abandoned
children of Southeast Asian parentage growing up in Japanese
orphanages are analysed through interviews with staff members
and a survey in orphanages in Japan. Two concepts are essential
to analyse the role of time in the legal production of statelessness:
1) presumptive foreign nationality (attached by a local
government without any confirmation from the home country),
and 2) considered nationality (officials’ personal opinion on
whether people qualify to acquire nationality). The ambiguous
abandonment of migrants’ children pushes them into a limbo of
nationality laws and results in their statelessness once they
become adults.
Received 19 November 2019
Accepted 24 July 2020
KEYWORDS
Citizenship; statelessness;
children; Asia; Japan
Introduction
I really do not want to be apart from this child.
But for now, I cannot live with him.
I promise, I will return to pick him up, later.
I am sorry I cannot pay my parturition expenses.
For now, this is all I can pay.
I promise, I will pay the rest later.
Mother’s name
A mother disappeared from a maternity ward, leaving this letter beside a newborn
baby’s pillow. The nurses testified that the mother was a foreigner and that the baby’s
father was absent. However, the mother told the nurses that she and her ‘husband’
were Thai, both working in Japan. They were not allowed to get married, but they
would as soon as possible. The hospital staff sent the baby’s birth certification to the
local municipal office to register his birth. The staff used the mother’s reported
CONTACT Sari K. Ishii
ishiik@rikkyo.ac.jp
© 2020 The Author(s). Published by Informa UK Limited, trading as Taylor & Francis Group
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