those who are deemed partial or noncitizens and, by extension, undeserving of equal rights enjoyed by citizens. In extant literature and public debates on migrants’ rights, there seems to be a lopsided focus on less privileged migrants—refugees, asylum
Moving beyond Migrants’ Rights
Sin Yee Koh
Asylum as an Individual Right in the 1949 West German Grundgesetz
Post–World War II developments concerning citizenship and access as one of the dimensions of citizenship are examined through the prism of noncitizenship and rights, using the drafting of the asylum paragraph of the 1949 Grundgesetz of the Federal Republic of Germany as a specific case study. The aim of this article is to look into the creation of the right to asylum in West Germany, to examine its political history by exploring its development and by searching for its conceptual, political, and rhetorical origins. The article investigates the birth of the unique conceptualization of asylum in the debates of the Parliamentary Council, the constitutional and quasi-parliamentary assembly responsible for the writing of the postwar Basic Law, and examines the political choices, motivations, and compromises behind its creation. To connect the matter of asylum to a wider problematic related to noncitizens and rights, the article benefits from the political philosophy of Hannah Arendt, with reference to her writings on human rights and refugees in the immediate post–World War II period.
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.
Official permissiveness and prohibition in India
, continuity or rupture, collusion or disapprobation. Let me flag some differences between earlier conceptions of sanctions, and my use of the concept here. I am concerned not with what state and noncitizen encounters reveal about migrant lifeworlds, but with
Barbara Schmitter Heisler
The presence of sizable foreign-born populations (which include citizens
and non-citizens) in advanced industrial societies is the result of
national policies on immigration, refugees, and labor migration. The
consequences of these policies, however, are most visible at the local
level, where newcomers work, settle, and raise their families. While
not all immigrants live in cities, they have been particularly concentrated
in urban environments. Thus, it is hardly surprising that many
of the socioeconomic, cultural, and political issues and problems
associated with immigration and the process of immigrant settlement
are played out and magnified in cities.
Estella Carpi, Sandy F. Chang, Kristy A. Belton, Katja Swider, Naluwembe Binaisa, Magdalena Kubal-Czerwińska, and Jessie Blackbourn
THE MYTH OF SELFRELIANCE: Economic Lives Inside a Liberian Refugee Camp. Naohiko Omata. New York: Berghahn Books, 2017. 194 pages, ISBN 9781785335648 (hardback).
DIASPORA’S HOMELAND: Modern China in the Age of Global Migration. Shelly Chan. Durham, NC: Duke University Press, 2018. 280 pages, ISBN 9780822370420 (hardback), 9780822370543 (paperback).
NONCITIZENISM: Recognising Noncitizen Capabilities in a World of Citizens. Tendayi Bloom. New York: Routledge, 2018. 222 pages, ISBN 9781138049185 (hardback).
PROTECTING STATELESS PERSONS: The Implementation of the Convention Relating to the Status of Stateless Persons across EU States. Katia Bianchini. Brill Nijhof: Leiden, 2018. 382 pages, ISBN 9789004362901 (hardback).
HOPE AND UNCERTAINTY IN CONTEMPORARY AFRICAN MIGRATION. Nauja Kleist, and Thorsen Dorte, eds. New York: Routledge, 2017. 200 pages, ISBN 9781138961210 (hardback).
THE IMPACT OF MIGRATION ON POLAND: EU Mobility and Social Change. Anne White, Izabela Grabowska, Paweł Kaczmarczyk, and Krystyna Slany. London: UCL University Press, 2018. 276 pages, ISBN 9781787350687 (open access PDF).
UNLEASHING THE FORCE OF LAW: Legal Mobilization, National Security, and Basic Freedoms. Devyani Prabhat. New York: Palgrave Macmillan, 2016. 225 pages, ISBN 9781137455741 (hardback), ISBN 9781349928118 (paperback).
Scholarship on citizenship-in its definition as nationality or formal membership in the state-has been both the basis for evaluating and comparing national citizenships as "ethnocultural" or "civic," and used to imply the meaning of citizenship to prospective citizens, particularly immigrants and non-citizen residents. Doing so ignores a perspective on citizenship "from below," and oversimplifies the multiplicity of meanings that individuals may attach to citizenship. This article seeks to fill this gap in scholarship by examining young adult second-generation descendants of immigrants in Germany. The second generation occupies a unique position for examining the meaning of citizenship, based on the fact that they were born and grew up in Germany, and are thus more likely than adult immigrants to be able to become citizens as well as to claim national belonging to Germany. Among the varied meanings of citizenship are rights-based understandings, which are granted to some non-citizens and not others, as well as identitarian meanings which may depend on everyday cultural practices as well as national origin. Importantly, these meanings of citizenship are not arbitrary among the second generation; citizenship status and gender appear to inform understandings of citizenship, while national origin and transnational ties appear to be less significant for the meaning of citizenship.
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.
African immigrants in twentieth-century Spain and Indians in nineteenth-century Ecuador
The article simultaneously explores three lines of reflection and analysis woven around the comparative reverberations (in space and time) between citizenship and the administration of populations (states of exception) in the Republic of Ecuador during the nineteenth century and the Kingdom of Spain in the twenty century. The first thread tries to answer the question whether it is possible for concepts generated in a country of the Global South to be used usefully in analyzing a different Northern reality, inverting the usual direction in the flows of transfer and importation of “theory.“ The second theme of comparative reverberation explores a network of concepts concerning the citizenship of common sense and the administration of populations, that is the “back-patio“ aspect of citizenship, particularly its historical formation in the domination of populations in the Republic of Ecuador during the nineteenth century. It is centered on the process of identification in the daily exchanges between interpares citizens and extrapares non-citizens. The last section involves testing concepts forged in the author's studies of Ecuadorian history for their utility in analyzing the current situation of modern sub-Saharan immigrants in Spain (using concrete examples), and their reclusion to the private sphere in spaces of exception and abandonment. Here, the article concentrates on the difference between the public administration of populations and the private administration of citizens. The article uses documentary material relating to nineteenth-century Ecuador and twentieth-century Spain and Senegal.
part of the governed population within the sovereign territory. 3 What does this policy tell us about the state and its relation to noncitizen subjects? What does it tell us about the relationship between recording and governing? These are the