The Travel Visa as the Ubiquitous Legal Infrastructure of Everyday Global Mobility Arbitrariness

Abstract Much work has been produced on the passport and on exceptional regimes of mobility, notably asylum or permanent immigration. There has, by contrast, been less research on that intermediary, ubiquitous legal device that is the visa, a fundamental manifestation of state discretion, a major source of arbitrariness, and a constant assertion of power over moving bodies. The visa is a manifestation of and is embedded in a deeper infrastructure of limited global mobility. Adopting a global and comparative perspective, this Article seeks to analyze the politics of the visa as the indispensable sesame of international travel but also as the ultimate manifestation of that infrastructure’s arbitrariness. The Article highlights an ideal type of the visa especially as it is deployed towards “at risk” categories, emphasizing the sort of performance it requires from applicants in adapting to the system’s demands as they are relayed by officials, corporations and, increasingly, algorithms and artificial intelligence. It will highlight the constraints of applying for the visa, its temporal frames, its assorted conditions, and its denial and possibilities of contestation thereof. The Article contends that, globally, the visa is the key legal infrastructure to channel systemic discrimination, frustrate professional and cultural opportunities, and keep families apart in ways that entrench class and racial divides.