The Sexuated Immigration Law from thoughts of Judith Butler

Abstract

Italian immigration law is characterized in relation to gender. Despite presenting itself as a neutral discipline, through a series of statues it contributes to defining the role of migrant women and restoring the classical categories of patriarchal systems. The rules that present exceptions to the discipline, regulating the entry, permanence, and deportation of migrant women turn out to protect only women on maternity leave (mothers), sex workers (prostitutes), and women who provide services of home care (servants). Moreover, the current legislation consider practically irrelevant the affective bonds that are not related to family model “legitimate”, and associates with extreme facility the permission of residence with the conjugal bond, confining women to the private sphere of home.