Each year the Dutch authorities categorize scores of people as being “out of procedure” (uitgeprocedeerd). These are mostly “failed asylum seekers” who have exhausted all legal appeals in search of regularizing their status in the Netherlands. Out-of-procedure subjects, or OOPSs, have no formal rights and receive no state provision. They must leave the country voluntarily within one month or risk deportation. Many OOPSs who spent weeks or even months in Dutch detention centers are eventually released onto the streets, as the authorities cannot manage to deport them. This article interrogates the production and treatment of OOPSs as nonexistent human beings who are no longer considered by the state as “aliens” but merely as illegalized bodies. This intriguing case of the state deserting certain people within its sovereign territory is realized through a process of derecording OOPSs and formally pretending that they are not part of the governed population.
The Draconian Governance of Illegalized Migrants in Western States
This article proposes the term Departheid to capture the systemic oppression and spatial management of illegalized migrants in Western liberal states. As a concept, Departheid aims to move beyond the instrumentality of illegalizing migration in order to comprehend the tenacity with which oppressive measures are implemented even in the face of accumulating evidence for their futility in managing migration flows and the harm they cause to millions of people. The article highlights continuities between present oppressive migration regimes and past colonial configurations for controlling the mobility of what Hannah Arendt has called “subject races.” By drawing on similarities with Apartheid as a governing ideology based on racialization, segregation, and deportation, I argue that Departheid, too, is animated by a sense of moral superiority that is rooted in a fantasy of White supremacy.
Nonrecording states between legibility and looking away
Barak Kalir and Willem van Schendel
In this theme section we explore why and when states knowingly refrain from recording people and their activities. States are not simply in pursuit of enhanced “legibility”; at times they also need to be able to “look away.” In explaining strategies of nonrecording, our focus is on how subjects negotiate with state recording agencies, how nonrecording relieves state agents from the burden of accountability, how the discretionary power of individual state agents affects (non)recording in unanticipated ways, and how states may project an illusion of vigorous recording internationally while actually engaging in deliberate nonrecording. Presenting case studies from China, Greece, the Netherlands, India, and Romania, we show that strategies of nonrecording are flexible, selective, and aimed at certain populations—and that both citizens and noncitizens can be singled out for nonrecording or derecording. In analyzing this state-produced social oblivion, divergences between national and local levels are of crucial significance.