Asylum as Artifice: Race, Law and Capital as Regimes of Abstraction in the United Kingdom' s Asylum Accommodation System

Abstract

Taking as its case study the category of the ‘asylum seeker’ in UK law, this paper develops on latent concerns in legal geographies with processes of abstraction. Following Bhandar and Toscano, race, law and capital are here understood as different, co-articulating modalities of abstraction, through which the ‘asylum seeker’ is constituted and reconstituted by spatial practice and law over time. The case study charts the history of the category in UK law with the corresponding developments in the material and spatial infrastructures of asylum accommodation, from the point at which the ‘asylum seeker’ was first codified in UK law in 1993 to the delegitimisation of asylum itself in the Nationality and Borders Act 2022 and the Illegal Migration Act 2023. As well as providing the application of Bhandar and Toscano's innovative methodology to a new empirical area, I further make the case that, as well as functioning as organisational nodes for race and capital, legal objects may also serve as conduits. In this way, these differing regimes of abstraction are put into mutually influential relationships with one another, with particularly concerning implications for the independence of law from capital. Though the case study and its legislative context are necessarily narrow in order to properly trace the contours of this particular legal object, the potential application of the theoretical arguments developed from this tight focus is broad, contributing to studies of immigration law, asylum reception and processing, as well as legal geographies more widely.