We use cookies to distinguish you from other users and to provide you with a better experience on our websites. Close this message to accept cookies or find out how to manage your cookie settings.
To save content items to your account,
please confirm that you agree to abide by our usage policies.
If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account.
Find out more about saving content to .
To save content items to your Kindle, first ensure no-reply@cambridge.org
is added to your Approved Personal Document E-mail List under your Personal Document Settings
on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part
of your Kindle email address below.
Find out more about saving to your Kindle.
Note you can select to save to either the @free.kindle.com or @kindle.com variations.
‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi.
‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.
Chapter 4 focuses on labor migration from Central Asia to Russia as the first exclusionary migration cycle. Growing migration after 2000 made Russia one of the world’s major migrant-receiving states. The chapter explains why Putin retained a visa-free regime with the much poorer former Soviet states of CA, allowing millions of their citizens free entry to Russia, where most stayed and worked with undocumented status. As the numbers of the ethnically distant Muslim migrants rose, welfare nationalist grievances emerged in the cities and regions where migrants were concentrated. Citing public opinion surveys, speeches by mayors and governors, election and party platforms, and mass media, the chapter shows how politicians framed and used welfare nationalist discourses to placate citizens and scapegoat migrants for declines in popular welfare. It highlights the role of sub-national officials in mobilizing anti-immigrant politics and channeling pressures for exclusionary policies to Putin. These pressures produced legislative and normative changes that progressively excluded migrant families from social sectors and subjected workers to increasing abuses, including deportations and other forms of exclusion. A sub-set of migrants who contributed to Russia’s national security were treated as more deserving.
This chapter seeks to demonstrate, among other things, that these dangers to personal liberty far outweigh the threats to human safety posed by serious ‘terrorist’ threats. The reader will acquire an appreciation of the obligation of states to protect their citizens from terrorism, including the debate as to whether terrorists possess human rights obligations. We shall then proceed to examine the most pertinent human rights violations in counter-terrorist operations. These include the application of the principle of legality to terrorist legislation, the permissibility of relevant derogations, the right to life and the practice of targeted killings, the various contours of unlawful detention against terrorist suspects, torture and ill-treatment in order to gather intelligence information and promote confessions and finally the practice of abductions, unlawful extraditions and illegal rendition. To be sure, counter-terrorist operations have been found to infringe a range of other civil and political rights, such as the freedom of expression and the right to a fair trial.
The conclusion opens with interwar debates on the deportation of women working in prostitution, highlighting how for many reformers, trafficking was a migration problem to be solved through migration controls. Rather than protecting vulnerable women, however, anti-trafficking policies that relied on exclusion and expulsion safeguarded the perceived vulnerability of national borders instead. The conclusion then turns to contemporary examples in which humanitarian efforts to protect “trafficking victims” serve as punishments instead, particularly if individuals are unable to rehearse the script of ideal victimhood, and embody its accompanying form of gendered sexual respectability. It closes with a discussion of French prostitution policy in the postwar period, including the abolition of regulationism in two stages, in 1946 and 1960; the domestic security law of 2003; and the criminalization of sex buyers (the “Nordic Model”) in 2016. In each of these examples, advocates framed the respective laws as humanitarian, progressive, and protective of sex workers. Yet all were efforts to moralize public space, promote law and order, and comply with a larger infrastructure of migration controls.
Immigration measures such as deportation are currently not regarded as punitive and there has been little exploration of this from a legal perspective. This paper will consider this issue in depth, covering little discussed case law from the European Court of Human Rights. It will also explore how this legal position on deportation does not reflect the findings of other disciplines such as criminology and sociology on how immigration measures are used and experienced as punitive. This paper will build on existing literature by demonstrating the significance of a recent development in UK law to this debate. Section 47 of the Nationality and Borders Act 2022 (NBA 2022) introduced a ‘stop the clock’ provision into the Early Removal Scheme for foreign national prisoners. This new provision may prompt the judiciary to revisit the question of whether deportation is punitive in some contexts.
This volume, part of the Feminist Judgment Series, shows how feminist legal theory along with critical race theory and intersectional modes of critique might transform immigration law. Here, a diverse collection of scholars and lawyers bring critical feminist, race and intersectional insights to Supreme Court opinions that deal with the source of the power to regulate immigration, state and local regulation of immigration, citizenship law, racial discrimination, employment law, access to public education, the rights of criminal defendants, the detention of noncitizens, and more. Feminist reasoning values the perspectives of outsiders, exposes the deep-rooted bias in the legal opinions of courts, and illuminates the effects of ostensibly neutral policies that create and maintain oppression and hierarchy. One by one, the chapters in this book reimagine the norms that drive immigration policies and practices. In place of discrimination and subordination, the authors here demand welcome and equality. Where current law omits the voice and stories of noncitizens, the authors here center their lives and experiences. Collectively, they reveal how a feminist vision of immigration law could center a commitment to equality and justice and foster a country where diverse newcomers readily flourish with dignity.
This volume, part of the Feminist Judgment Series, shows how feminist legal theory along with critical race theory and intersectional modes of critique might transform immigration law. Here, a diverse collection of scholars and lawyers bring critical feminist, race and intersectional insights to Supreme Court opinions that deal with the source of the power to regulate immigration, state and local regulation of immigration, citizenship law, racial discrimination, employment law, access to public education, the rights of criminal defendants, the detention of noncitizens, and more. Feminist reasoning values the perspectives of outsiders, exposes the deep-rooted bias in the legal opinions of courts, and illuminates the effects of ostensibly neutral policies that create and maintain oppression and hierarchy. One by one, the chapters in this book reimagine the norms that drive immigration policies and practices. In place of discrimination and subordination, the authors here demand welcome and equality. Where current law omits the voice and stories of noncitizens, the authors here center their lives and experiences. Collectively, they reveal how a feminist vision of immigration law could center a commitment to equality and justice and foster a country where diverse newcomers readily flourish with dignity.
This volume, part of the Feminist Judgment Series, shows how feminist legal theory along with critical race theory and intersectional modes of critique might transform immigration law. Here, a diverse collection of scholars and lawyers bring critical feminist, race and intersectional insights to Supreme Court opinions that deal with the source of the power to regulate immigration, state and local regulation of immigration, citizenship law, racial discrimination, employment law, access to public education, the rights of criminal defendants, the detention of noncitizens, and more. Feminist reasoning values the perspectives of outsiders, exposes the deep-rooted bias in the legal opinions of courts, and illuminates the effects of ostensibly neutral policies that create and maintain oppression and hierarchy. One by one, the chapters in this book reimagine the norms that drive immigration policies and practices. In place of discrimination and subordination, the authors here demand welcome and equality. Where current law omits the voice and stories of noncitizens, the authors here center their lives and experiences. Collectively, they reveal how a feminist vision of immigration law could center a commitment to equality and justice and foster a country where diverse newcomers readily flourish with dignity.
This volume, part of the Feminist Judgment Series, shows how feminist legal theory along with critical race theory and intersectional modes of critique might transform immigration law. Here, a diverse collection of scholars and lawyers bring critical feminist, race and intersectional insights to Supreme Court opinions that deal with the source of the power to regulate immigration, state and local regulation of immigration, citizenship law, racial discrimination, employment law, access to public education, the rights of criminal defendants, the detention of noncitizens, and more. Feminist reasoning values the perspectives of outsiders, exposes the deep-rooted bias in the legal opinions of courts, and illuminates the effects of ostensibly neutral policies that create and maintain oppression and hierarchy. One by one, the chapters in this book reimagine the norms that drive immigration policies and practices. In place of discrimination and subordination, the authors here demand welcome and equality. Where current law omits the voice and stories of noncitizens, the authors here center their lives and experiences. Collectively, they reveal how a feminist vision of immigration law could center a commitment to equality and justice and foster a country where diverse newcomers readily flourish with dignity.
This volume, part of the Feminist Judgment Series, shows how feminist legal theory along with critical race theory and intersectional modes of critique might transform immigration law. Here, a diverse collection of scholars and lawyers bring critical feminist, race and intersectional insights to Supreme Court opinions that deal with the source of the power to regulate immigration, state and local regulation of immigration, citizenship law, racial discrimination, employment law, access to public education, the rights of criminal defendants, the detention of noncitizens, and more. Feminist reasoning values the perspectives of outsiders, exposes the deep-rooted bias in the legal opinions of courts, and illuminates the effects of ostensibly neutral policies that create and maintain oppression and hierarchy. One by one, the chapters in this book reimagine the norms that drive immigration policies and practices. In place of discrimination and subordination, the authors here demand welcome and equality. Where current law omits the voice and stories of noncitizens, the authors here center their lives and experiences. Collectively, they reveal how a feminist vision of immigration law could center a commitment to equality and justice and foster a country where diverse newcomers readily flourish with dignity.
This volume, part of the Feminist Judgment Series, shows how feminist legal theory along with critical race theory and intersectional modes of critique might transform immigration law. Here, a diverse collection of scholars and lawyers bring critical feminist, race and intersectional insights to Supreme Court opinions that deal with the source of the power to regulate immigration, state and local regulation of immigration, citizenship law, racial discrimination, employment law, access to public education, the rights of criminal defendants, the detention of noncitizens, and more. Feminist reasoning values the perspectives of outsiders, exposes the deep-rooted bias in the legal opinions of courts, and illuminates the effects of ostensibly neutral policies that create and maintain oppression and hierarchy. One by one, the chapters in this book reimagine the norms that drive immigration policies and practices. In place of discrimination and subordination, the authors here demand welcome and equality. Where current law omits the voice and stories of noncitizens, the authors here center their lives and experiences. Collectively, they reveal how a feminist vision of immigration law could center a commitment to equality and justice and foster a country where diverse newcomers readily flourish with dignity.
The chapter begins with discussion of the definition of occupation, beginning of occupation, and the end of occupation. It then reviews the rights and duties of the occupying power under Hague Convention IV as customary law addressing public order and safety, security needs of the occupying power, amendment of domestic laws of occupied territory, prolonged occupation of territory and transformative occupation. The chapter then considers the use of lethal force in occupied territory, transfer of the ocupying powers population into occupied territory, deportation, detention and destruction of property. It then addresses the application of IHRL in military occupation and finally the analogous UN adminstration of territory.
This chapter begins with a consideration of the importance to sovereignty of the right to deport. Beyond exploring what constitutes sovereignty and how such power is preserved and held, it examines why so little attention has been paid to life after expulsion. Expulsion (real or threatened) kidnaps time, creates unlimited forms of captivity, invigorates shame, normalizes violence, and stabilizes concepts such as citizenship and belonging. Showing the long buried links between colonial and US treatment of Indigenous peoples and contemporary deportation practices, the chapter reveals how knitted into the imaginary of belonging forced removal has become. While scholars have slowly begun exploring the experience of life after forced removal, writers of fiction have taken up the question as well and have begun offering portraits of the experience of navigating detention camps and rebuilding a life that might be sustainable after the violence of expulsion. Novels by Evangeline Parsons Yazzie, Lisa Ko, Helton Habila, Mohshin Hamid, and Jenny Erpenbeck are examined in detail because of their careful attention to living a deportable and deported life.
Volume 2 of The Cambridge History of Global Migrations presents an authoritative overview of the various continuities and changes in migration and globalization from the 1800s to the present day. Despite revolutionary changes in communication technologies, the growing accessibility of long-distance travel, and globalization across major economies, the rise of nation-states empowered immigration regulation and bureaucratic capacities for enforcement that curtailed migration. One major theme worldwide across the post-1800 centuries was the differentiation between “skilled” and “unskilled” workers, often considered through a racialized lens; it emerged as the primary divide between greater rights of immigration and citizenship for the former, and confinement to temporary or unauthorized migrant status for the latter. Through thirty-one chapters, this volume further evaluates the long global history of migration; and it shows that despite the increased disciplinary systems, the primacy of migration remains and continues to shape political, economic, and social landscapes around the world.
Edited by
Ben Kiernan, Yale University, Connecticut,T. M. Lemos, Huron University College, University of Western Ontario,Tristan S. Taylor, University of New England, Australia
General editor
Ben Kiernan, Yale University, Connecticut
The European conquest of the seven islands of the Canarian archipelago lasted almost a century (1402-1496). It was carried mostly by private adventurers backed by the legal rights of the Castilian crown and supplied by private financiers, who expected a quick return. It brought the destruction of the native population of all its islands, the erasure of their names, language, custom, economy, land ownership, ecological environment, beliefs, culture, social structure, and political organization. The means by which it was achieved were enslavement, deportation, disease, and the strategic use of terror. Acculturation, miscegenation, and the building of a colonial society based on plantation agriculture and long-distance trade did the rest to erase any trace of the indigenous culture. Genocide, in the case of the Canary Islands, can be understood both as a process of attrition, following its use by Fein and Rosenberg, and as an outcome, the aggregate result of thousands of specific instances of violence. It also was a prelude, a necessary learning ground and a blueprint of the European conquest and settler colonialism in the Antilles begun in the 1490s. The American conquest proved a much faster application of the same template for genocide, over a vast territory.
Unlike the Western Gastarbeiter, the GDR labor migrants were recruited later (the 1980s), fewer (no more than 200,000), from other countries (Vietnam, Mozambique, Poland), objects of secret service surveillance (by the Stasi), and portrayed not as labor migrants, but recipients of “brotherly” socialist solidarity. Yet the motivation for recruiting them (labor shortages) and their experience of living among Germans were similar: segregated from the general population; objects of paternalism, exoticization, hypersexualization, dehumanization, racist violence; and enticed to leave with – modest – financial bonuses when no longer needed (1983 in Western, 1990 in Eastern Germany). What was fundamentally different was that the GDR portrayed itself as an anti-racist internationalist society; that the countries of origin of the labor migrants deducted a large portion of their earnings and never returned it when the “contract workers” (Vertragsarbeiter) were forced out after the 1989 fall of the Berlin Wall; and that, consequently, the deported labor migrants often ended up living in poverty at the margins of their societies rather than reaping the benefits of their hard work in the GDR.
The chapter explores deportations into the ghetto from surrounding towns and western Europe. It examines the food security issues for the newly arrived, particularly as they were displaced from the places of origin and social networks. This chapter also discusses the deportations out of the ghettos and the end of the ghettos. It examines how hunger drove some onto deportation trains, how deportations impacted food prices on the black market, and the cancelation of ration cards to force those directed for deportation onto trains. It also discusses how food resources were needed to avoid deportation, particularly if one wanted to go into hiding in the ghetto. This chapter also explores food and the Warsaw ghetto uprising.
Labor Secretary Frances Perkins championed liberal immigration policies between 1933 and 1940. Some efforts were successful, but most were not due to political, economic, and social constraints on immigration policy making, especially in Congress. Yet, she reorganized the enforcement functions of her department when she created the Immigration and Naturalization Service. Narratives abound about the period, though few delve into this reorganization. In this article, I share an analytical framework that I developed, “policy innovation through bureaucratic reorganization,” to explain how Perkins temporarily eased the debarments, as well as deportations, of newcomers by adjusting agency resources, including staffing, budget, and infrastructure. I describe how she responded to pressures from immigration restrictionists by tightening these functions. My narrative adds to the literature on immigration policy history, which has not fully appreciated the role of bureaucratic reorganization. This research bolsters the perspective in political control theory that bureaucratic structure merits as much attention as does legislation as a tool for control.
Edited by
Mónica Szurmuk, Universidad Nacional de San Martín and National Scientific and Technical Research Council, Argentina,Debra A. Castillo, Cornell University, New York
This chapter focuses on recently published personal stories of migration, whether in the form of narratives of migrants asserting their autonomy of movement as they confront ever more abundant and perilous challenges, or of repatriated migrants unable to respond to a highly fortified border industrial complex that subordinates them with ever harsher callousness and cruelty. These stories – a travel narrative by a Haitian migrant, a series of children’s books written by deported mothers, and a digital storytelling project – reflect recent phenomena that have yet to be taken up meaningfully in more prestigious and widely distributed works. The chapter focuses on testimonial genres, with the aim of understanding their effectiveness in communicating lived experiences within and across the open wounds of contemporary borders in the Americas and in relating the emotional consequences of forced displacement, undocumented border crossing, migrant criminalization, xenophobic violence, and detention and deportation regimes. These stories were all published with a certain urgency from what for many migrants remains the deepest, most painful, and longest-festering lesion in the Americas, the USA–Mexico borderlands. These stories’ poignancy is achieved less through literariness than from raw experience, as they document new dynamics of human displacement in the Americas.
A considerable historiography now details the racism upon which immigration restrictions are formed. My first argument here is that disabled people were also refused entry first to the colonies in the British empire and then to Britain itself, exclusions which have often continued to be naturalised. Secondly, I argue that exclusions of disabled peoples should not just be added onto our understanding of restrictive legislation on racial grounds, but that disability and race intersected. Disability was used to justify racial exclusions, and differences of disability were often raced. Particular kinds of bodies were being constructed as ‘valuable’ to the nation. These bodies were to be white and North European, but they were also to be mentally and physically ‘fit’ and that ‘fitness’ was defined in rigid terms. The values attached to race, ability and gender were mutually constituted. Masculine bodies were to be independent, working bodies. Whether or not a deaf or disabled person could work, their body was read as dependent, incapable and as a liability. Feminine bodies were read in terms of their reproductive value. Disabled women, infantilised and desexualised were not always read as capable of reproduction. And when they were, this too had frightening potential.
This chapter analyzes the nationwide coordination and concealment of the government’s “anti-Haitian campaign.” What they called the anti-Haitian campaign was actually the beginning of a genocide that the perpetrators variously misrepresented in terms of deportation, imprisonment, forced labor, and flight. This chapter brings to light leading functionaries, including Emilio Zeller and Reynaldo Valdez who played key strategic roles as architects of the genocide. By exploring records of mass arrests, and the jailers’ own descriptions of conditions of imprisonment over the course of 1937, the chapter casts doubt on the exact fate of detainees. The anti-Haitian campaign also included racialized discourse around disease, vagrancy, and illegality. The chapter argues that not only was the 1937 Genocide planned, but that a critical appraisal of the actions that the officials were willing to write about offers one of the best windows into the killings that they deliberately concealed. It wrestles with the interpretive problem of official concealment and suggests that deportation was also a euphemistic cover for killing. This chapter interrogates the fact that military and migratory documents are completely absent for the northern border regions during the most violent months of 1937 and places the archival record into dialog with eyewitness accounts.