Sex Work and Immigration: When Criminalization Is Disguised as Protection

Sex Work and Immigration: When Criminalization Is Disguised as Protection

This post is part of our symposium on the political economy of sex work. Read the rest of the symposium here.

Gilda Merlot

I am an undocumented immigrant from Honduras. I crossed the Guatemalan, Mexican, and U.S. borders when I was 5 years old. I’m currently a sex worker and a 25-year-old DACA recipient. Like most sex workers, I want decriminalization, or the elimination of all criminal penalties for sex work. The criminal legal system – and the vice divisions of police that carry out prostitution stings – will not solve the issues of poverty, housing, medical care, educational accessibility, and drug use, which are the actual issues affecting sex workers. The reasoning behind any kind of criminalization is to eliminate, destroy, or “end demand” for something through the deterrence/threat of state violence, prison, and death.

Sex workers are criminalized under various models – even if the state criminalizes just the acts of buying sex or managing or employing sex workers, a framework which is often called “the Nordic Model.” The Nordic Model is criminalization of sex workers by another name. To see how this works, we can look to another law that criminalized hiring a certain group of people under the guise of “protection” against exploitation: the Immigration Reform and Control Act of 1986 (IRCA). The Nordic Model criminalizes sex workers in the same way that the Immigration Reform and Control Act of 1986 (IRCA) criminalized undocumented workers.

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