Book Description

The first in-depth exploration of the persistence and pervasiveness of a dangerous legal fiction about people who cross borders: the binary distinction between migrant and refugee. Today, the concept of "the refugee" as distinct from other migrants looms large. Immigration laws have developed to reinforce a conceptual dichotomy between those viewed as voluntary, often economically motivated, migrants who can be legitimately excluded by potential host states, and those viewed as forced, often politically motivated, refugees who should be let in. In Crossing, Rebecca Hamlin argues against advocacy positions that cling to this distinction. Everything we know about people who decide to move suggests that border crossing is far more complicated than any binary, or even a continuum, can encompass. The decision to leave home is almost always multi-causal and often involves many stops and hazards along the way--a reality not captured by a system that categorizes a majority of border-crossers as undeserving, and the rare few as vulnerable and needy. Drawing on cases of various "border crises" across Europe, North America, South America, and the Middle East, Hamlin outlines major inconsistencies and faulty assumptions upon which the binary relies, and explains its endurance and appeal by tracing its origins to the birth of the modern state and the rise of colonial empire. The migrant/refugee binary is not just an innocuous shorthand, indeed its power stems from the way in which is it painted as objective, neutral, and apolitical. In truth, the binary is a dangerous legal fiction, politically constructed with the ultimate goal of making harsh border control measures more ethically palatable to the public. This book is a challenge to all those invested in the rights and study of migrants, to interrogate their own assumptions and move towards more equitable advocacy for all border crossers.