Migrants Before the Law


Book Description

This book traces the practices of migration control and its contestation in the European migration regime in times of intense politicization. The collaboratively written work brings together the perspectives of state agents, NGOs, migrants with precarious legal status, and their support networks, collected through multi-sited fieldwork in eight European states: Austria, Denmark, Germany, Italy, Latvia, Lithuania, Sweden and Switzerland. The book provides knowledge of how European migration law is implemented, used, and challenged by different actors, and of how it lends and constrains power over migrants’ journeys and prospects. An ethnography of law in action, the book contributes to socio-legal scholarship on migration control at the margins of the state. “This book is a major achievement. A remarkable and insightful study that through close analysis of the practices of migration control in 8 European countries (Austria, Denmark, Germany, Italy, Latvia, Lithuania, Sweden and Switzerland) provides powerful new insight into the power of the state at its margins and over those that are marginalised.” - Andrew Geddes, Director, Migration Policy Centre, European University Institute “Migrants Before the Law provides a much-needed account of the dizzying legal labyrinth that migrants navigate as they seek to survive in Europe. Based on multi-sited ethnography in detention centres, migration offices, police stations, and non-governmental organizations as well as on interviews with key government actors, advocates, and migrants themselves, this book explores the systems of control and forms of migrant precarity that operate along Europe’s internal borders, in multiple national and transnational contexts. Readers will come away with a deepened understanding of the perverse workings of power, the ways that the uncertainty and unpredictability of law foster both despair and hope, the degree to which the immigration “crisis” is both manufactured and experienced as real, and the ingenuity of migrants themselves in the face of Kafkaesque state practices.” - Susan Bibler Coutin, Professor of Criminology, Law and Society and Anthropology, University of California, Irvine, USA “Migrants Before the Law is an excellent exposition of the dispersed sites of the law and the hinges and junctions through which this apparatus is actualized in the lives of migrants facing deportation, contesting their status as illegal migrants or seeking to regularize their precarious position. Written with great sensitivity and an eye to minute details this book is also an achievement in furthering the method of collaborative ethnography and new ways of staging comparisons.” - Veena Das, Krieger-Eisenhower Professor of Anthropology, Johns Hopkins University, USA




Migration Control in Practice


Book Description

The book presents the results of several qualitative research project with different actors that put migration policies into practice. It shows the different ways in which day-to-day activities of organisations shape migration policies on the ground. This book offers a comprehensive exploration on how different migration policies are implemented day by day. Such an approach allows to show the different ways in which migration policies on the ground take a life of their own when compared to the letter of the law. The book shows the need to understand the specific logics and workings of the implementation of policies, while taking into account the continued role played by politicians and the judiciary, non-state actors and migrants. Qualitative research with different public institutions implementing migration policies are combined with an exploration of the role of NGOs, supranational institutions and the migrants themselves. Bringing together the results of several research projects with fieldwork in Belgium, the UK, France, Morocco and Malta, the book covers the different stages of the migratory career. It follows the potential trajectory of a migrant from visa obtention (both in general and for students specifically) to border controls, asylum (including resettlement and gender and sexuality-based asylum), access to residence (with a specific focus on marriage-based residence), healthcare and nationality, or to detention and managed return migration. Through its chapters it shows the day-to-day logics, routines and tactics that bureaucrats and other actors adopt, within the constrains of laws, social interactions, and ideas about policies. À PROPOS DES AUTEURS Djordje Sredanovic est chargé de recherche F.R.S.-FNRS au laboratoire GERME de l'Université Libre de Bruxelles. Sociologue spécialisé dans les études de la nationalité, citoyenneté et migrations, il a conduit recherches sur les expériences et l'implémentation des politiques migratoires. Federica Infantino est Marie Sklodowska-Curie Fellow au Migration Policy Centre à l'Institut Universitaire Européen à Florence est Maitre de Conférence à l'Université Libre de Bruxelles.




Governing Migration Through Paperwork


Book Description

To better understand migration governance and the concrete, daily practices of civil servants tasked with enforcing state laws and policies, it is important to focus on documents, which are core artefacts of bureaucratic work. These can include certificates, letters, reports, case files, decisions, internal guidelines and judgements in both digital and paper form. Based on ethnographic studies in various geographical and bureaucratic contexts, this collection shows how civil servants produce statehood, restrict migrants’ movements and engage with migrants’ strategies to make themselves legible. It contributes to the study of the state as documentary practice and highlights the role of paperwork as a powerful practice of migration control.




Research Handbook on the Sociology of Migration


Book Description

Adeptly navigating one of the most pressing issues on the current global agenda, this topical Research Handbook provides a comprehensive and research-based exploration of the sociology of migration. As well as highlighting the field’s achievements and current challenges, it explores key concepts used in current research, methods employed, and the spheres and contexts in which migrants participate.




The Digital Empowerment-Control Nexus


Book Description

This book analyses the diverse and complex interactions between the emancipatory practices of precarious (i.e. forced, vulnerable, undocumented or deported) migrants enabled by information and communication technologies, and the constraints imposed by technological tools used for surveillance and migration control. It explores the digital empowerment-control nexus by articulating the use of digital technologies - whether by migrants themselves, civil society actors or institutions - with their mediating role in the processes of empowerment, surveillance and migration control. Based on original empirical studies, the chapters bring contrasting and complementary insights into the use of digital technologies as agentic and/or surveillance tools in different national and supranational contexts (Turkey, Mexico, the United States, Switzerland, France, Romania, Greece and the European Union) and from different disciplinary perspectives (anthropology, sociology, geography, media studies, law and deportation studies). Using different theoretical lenses, they demonstrate the varying degrees of (dis)entanglement between individual and institutional practices, at micro and macro levels. Helping readers to understand the ambivalent role of digital technologies in (forced) migration processes, The Digital Empowerment-Control Nexus can be used as a resource by students, researchers, practitioners and policymakers interested in digitally mediated migration practices and migration regimes. It was originally published as a special issue of the Journal of Ethnic and Migration Studies.




Autonomy of Migration?


Book Description

Examining how migrants appropriate mobility in the context of biometric border controls, this volume mobilises new analytics and empirics in the debates about the politics of migration and provides an analytically effective and politically significant tool for the study of contemporary migration. Drawing from the tension between the EU’s attempt to achieve watertight border controls by means of biometric technologies, and migrants’ persistence to move to and live in the EU, the volume pursues two interrelated objectives: first, it studies the encounters between migrants and the Visa Information System (VIS), one of the largest biometric databases in the world, from the perspective of mobility in order to investigate how migrants appropriate mobility via Schengen visa within and against this biometric border regime. Second, it addresses criticisms of autonomy of migration in order to develop it as a viable approach for border, migration and critical security studies. Hence, the book is driven by two interrelated research questions: what does the assertion of moments of autonomy of migration refer to in the context of border regimes that use biometrics to turn migrants’ bodies into a means of mobility control? And how do migrants appropriate mobility via Schengen visa within and against biometric border regimes? This book will be of great interest to scholars in border, migration and critical security studies, as well as researchers engaged in citizenship studies, surveillance studies, political theory, critical IR theory and international political sociology.




Model Rules of Professional Conduct


Book Description

The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.




Migration Control Logics and Strategies in Europe


Book Description

Building upon the concept of migration regime, this open access book brings together the works of scholars who have investigated logics and routines of action in the field of immigration control within a single and innovative theoretical framework. The chapters cover a wide range of policy domains, from visa policy to the externalisation of controls, labour migration to asylum, internal controls towards irregular migration to restrictions for intra-EU mobility. By unravelling organisational strategies and practices across Europe, the book does not only contribute to dismantling the very idea of the European North-South divide in migration but also shows how Europe really works in the field of migration in times of deep economic, asylum and health crises. In this perspective, the book questions the widespread understanding of migration control outcomes as simply the result of more or less effective state policies without considering the embeddedness of the national policy goals and strategies in the dynamic interplay of different economies, institutional cultures and geopolitical positions.




Weak Institutions and the Governance Dilemma


Book Description

“Weak Institutions and the Governance Dilemma is especially important and welcome since it offers a very incisive analysis of the role of NGOs in transitional democracies and the effect of institutional setting on NGO effectiveness in representing citizen interests. This book offers a very creative conceptual framework and timely, penetrating case studies which provide valuable insights on NGO strategy, governmental capacity, and the possibilities for social change.”Steven Rathgeb Smith, Executive Director, American Political Science Association, and Georgetown University, USA This book provides a novel analytical perspective on policymaking, policy effects and NGOs in hybrid regimes. It examines the sources and patterns of gaps between formal rules, political practice and longer term effects, and explores how NGOs navigate the tension-laden environments that gaps represent. The book shows how weak institutions and malfunctioning policies turn NGOs into ambivalent actors. Empirically, it covers criminal justice and social protection policies in post-Soviet Georgia and Armenia. The findings from the in-depth case studies are then extended by a discussion of gaps in hybrid regimes as diverse as Malaysia, Kenya and Russia. The book’s approach and findings will appeal to scholars, students and practitioners interested in NGOs, institutional theory and public policy.