Abstract

ROSAS, Carolina  and  JARAMILLO FONNEGRA, Verónica. International migration, cisnormativity and exclusionary legality: trans migrants in Argentina. Trab. soc. [online]. 2023, vol.24, n.41, pp.201-225.  Epub July 01, 2023. ISSN 1514-6871.

In the Latin American context there are few precedents regarding the cisnormative biases that permeate public policies regulating migrants. In order to contribute to this line of interest, the aim of this article is to analyze the content of different sets of regulations (migration, gender identity, penalties and criminal laws on sex work and sale of drugs) seeking to understand the legal constraints that in Argentina weigh on trans international migrants for their access to migration regularity and self-perceived gender identity. To achieve the objectives, an analysis of jurisprudence, regulations and other legal documents in force in the years 2020 and 2021 was carried out. Among the main results, it is found that the joint action of these regulations, as well as the representations and practices of various actors, configures a legality that structures the experiences of exclusion of trans international migrants in Argentina, by hindering access to documentation, gender identity and other rights.

Keywords : Trans migrants; cisnormativity; immigration legislation; criminal regulations; Argentina.

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