Positioned in/by the State: Incorporation,Exclusion, and Appropriation of Women's Gender-Based Claims to Political Asylum in the United States

Extending an important rhetorical tradition of investigating women's positioning/positionalities in the national imaginary, in society, and in the law, this essay examines how non-US citizen women and their experiences are deployed toward objectives of the US state. Specifically, I analyze the rhetorical significance of two precedent-setting gender-based asylum cases, those of Fauziya Kassindja and Rody Alvarado, to understand the different ways non-US women are positioned by the state. These cases reveal that women claimants, depending on the nuances of their claims, are incorporated into the state as “good” women, pushed to the margins because their rhetoric is “threatening,” or appropriated by the state because their “otherness” provides an image that the United States can deploy in demonstrating itself as the “good” state that protects and supports women.