Incongruent migration categorisations and competing citizenship claims: ‘return’ and hypermigration in transnational migration circuits

ABSTRACT

Recent scholarly interventions propose that the principle of jus nexi (effective connections) or jus domicile (domicile) should replace birthright or birthplace considerations when assigning citizenship status and political membership. Nonetheless, both views privilege notions of territorial presence and the ideal of political community. This paper focuses on Mainland Chinese return migration from Canada to metropolitan cities in China. The dual citizenship restriction enforced by China means those that naturalised in Canada have relinquished their right to Chinese citizenship. Should they be considered returnees, immigrants or transnational sojourners in their ancestral homeland? It is this incongruence in migration categorisations compared to migrant life-worlds that this paper aims to examine. The paper also highlights the interface of competing claims to citizenship in the context of Chinese internal migration and new (African) immigration in China, as well as the returnees’ own transnational migration across the lifecourse. It argues that the ordering mechanisms that characterise normative conceptions of citizenship focus on isolated types of migration trends whereas what confronts us more urgently are intersecting migration configurations that underline the incongruence of migration categorisations and the complexity of competing citizenship claims spatially and temporally.     

Syrian refugees in Turkey: pathways to precarity,differential inclusion,and negotiated citizenship rights

This article addresses the question of how to understand the relation among precarity, differential inclusion, and citizenship status with regard to Syrian refugees in Turkey. Turkey has become host to over 2.7 million Syrian refugees who live in government-run refugee camps and urban centres. Drawing on critical citizenship and migration studies literature, the paper emphasises the Turkish government’s central legal and policy frameworks that provide Syrians with some citizenship rights while simultaneously regulating their status and situating them in a position of limbo. Syrians are not only making claims to citizenship rights but they are also negotiating their access to social services, humanitarian assistance, and employment in different ways. The analysis stresses that Syrian refugees in Turkey continue to be part of the multiple pathways to precarity, differential inclusion, and negotiated citizenship rights.     

Internal migration and citizenship in India

Immigrants and the process of incorporation can elucidate what it means to be a member of a national citizenry and sociopolitical community. However, relatively little scholarship has focused on the potential of internal migration to highlight citizenship outcomes. This article presents fieldwork from Mumbai and Kolkata to show that citizenship status, rights, and belonging are more restrictive for Indian citizens who are internal migrants than for those who are not. It argues that development factors alone are insufficient explanations for citizenship outcomes in India, and shows that internal migrants experience a lesser citizenship status and curtailed citizenship rights because they are migrants rather than because of their impoverishment or because of the limited capacity of the state.     

Will to love,will to fear: the emotional politics of illegality and citizenship in the campaign against birthright citizenship in the US

Anti-immigration activists argue that the broad inclusivity of the birthright citizenship clause of the 14th Amendment is a national security concern that enables criminalized migrant mothers to give birth to citizens who can later harm the US through violence and resource consumption. Seeing this argument as representative of the problem of inclusivity inherent to citizenship in a liberal democracy, this essay asks how the children of undocumented and temporary migrants are constructed as what Mae Ngai calls ‘alien citizens.’ Drawing from Sara Ahmed's affective economy of emotion, I find that affect and emotion figure prominently in how citizens are made ‘alien.’ Specifically love and fear function as pivot points in the anti-birthright citizenship argument, wherein the ‘real citizen’ is ‘willed’ to love and be loved by the nation and to fear the nation's Others. Moreover, the emphasis on national feelings does not evacuate white supremacy or heteronormativity from its imagination of citizenship, but instead displaces these loci of power into feeling and affect. Thus, this essay claims that the birthright citizenship argument illustrates how national love and fear work in tandem to uphold, naturalize, and expand the racial and sexual exclusions inherent to citizenship in a nation-state.     

Recognition and Difference: The Power of Perspectives in Interpretive Dialogue

Confronted with vast cultural differences mediated by social power relations, the human and social sciences face a major challenge: How can one adequately recognize a differently situated human agent, given that all interpretation is grounded in culturally local, partially implicit, and socially shaped background assumptions? Based on the hermeneutic premise that understanding is grounded in the interpreter's background and identity, the article develops an argument how the recognition of difference is possible in interpretive dialogue. According to our view, epistemic and ethical recognition of the other can be achieved if the linguistic potential for reflexive perspective-taking is taken into account and unleashed in interpretation. Proceeding through constructive criticism, we first show with Said's analysis of Orientalism how power-defined symbolic perspectives can distort the hermeneutic recognition of the other. Yet we also show how Said himself fails to develop the possible position of a new hermeneutic attitude toward cultural difference. We then turn to Levinas’ radical recognition of otherness since it forcefully undercuts an essentializing or objectifying attitude toward human agency. However, Levinas fails to integrate the recognition of the other with the concrete linguistically mediated self-understanding of socially situated agents. This forces us to suggest, in the third and final section, a new approach. We show that an epistemically and ethically adequate understanding of the other—which includes the normative constraint of an interpretive orientation at the self-understanding of the other—can be grounded in the linguistically mediated competence for interpretive perspective-taking.     

Redefining membership: restrictive rights and categorisation in European Union migration policy

This article analyses European Union (EU) policy-making on the rights of third-country nationals (TCN) against the backdrop of theoretical literature on the transformation of citizenship. The aim is to evaluate why and to which extent EU policy expands citizenship rights to TCNs, thus redefining the criteria for membership in the European polity. The research emphasises the role of norms and frames in policy-making and is based on secondary sources, primary documents and semi-structured interviews. The analysis reveals how the combination of a principled conflict over citizenship and a strategic conflict over competence led to a legal framework characterised by ‘restrictive rights’ and ‘politics of categorisation’. ‘Restrictive rights’ means that membership rights are granted to TCN in principle, but subject to very restrictive conditions. ‘The politics of categorisation’ refers to the political construction of migrant categories that are subject to different rights-regimes. Both phenomena have the ambiguous effect of enabling the expansion of rights to non-citizens while at the same time creating new lines of division and mechanisms of exclusion.     

Fluid adaptation of contested citizenship: second-generation migrant Turks in Germany and the United States

This paper explores belonging in the context of legal citizenship for second-generation Turkish immigrants in Berlin and in New York. Fluid adaptation refers to the discursive boundaries of immigrant identity articulations, the contextual and shifting adjustments immigrants make to their sense of belonging. Immigrant belonging, gauged by ‘encounters’ with bureaucracies and participatory expressions, is shaped in large part by the receiving state's legal framework and citizenship status. Belonging is complicated by racialization and exclusion, and affected by intersectionalities of immigrant experience. Limited citizenship models necessitate deployment of fluid and alternative membership models. Alternative forms of belonging underscore the power of the nation-state in delimiting belonging.     

A community of paradigm subjects? Rights as corrective tools in culturally contested claims of recognition in Europe

This article analyses the role of rights in human rights jurisprudence dealing with recognition of identities and cultural diversity in Europe. Using examples of selected case law of the European Court of Human Rights, it discusses the understanding of rights and their impact on the notions of community and recognition. It critically evaluates the recourse to the notions of a closed, established community and the defence of the established status quo in culturally contested conflicts. It analyses claims articulated by those framed as standing outside the narrow confines of such a cultural community. By reference to critical perspectives, the article illustrates how rights operate with categories of paradigm and foreign subjects and regulate respective entitlements of these subjects to enjoy rights. It demonstrates how these categories impact upon the notion of a community and how the narrowing of its boundaries limits the possibilities of belonging of foreign subjects. The article argues that these categories embedded in rights regimes lead to a mutation of rights from tools of inclusion to tools of correction. In their corrective function rights rather than serving as tools of ensuring belonging are used for maintenance of established identities and cultural regimes of power. In the final section by reference to the latest judgments of the same Court expanding rather than narrowing the understanding of a community, the article examines whether rights can reach beyond these subjectivities and offer possibilities of renegotiating the established regimes of cultural power.     

Who do migrant associations represent? The role of ‘ethnic deservingness’ and legal capital in migrants’ rights claims in Turkey

Considering that established migrant associations often play an active role in migrants’ rights advocacy, the relationship between them and the growing numbers of irregular migrants needs careful scrutiny. Looking at the encounters between irregular Bulgarian Turkish migrants and associations established by their co-ethnics who hold Turkish citizenship in Turkey, our ethnographic evidence shows that co-ethnic migrant associations mobilise the legal frame of ‘ethnic deservingness’ with the intention of welcoming co-ethnics to the Turkish homeland. In the absence of other formal organisations for rights advocacy, associations’ appeals to this frame emerge as a civic resource for the irregular newcomers in their permanent residency claims. At the same time, the same frame hides unequal power relations within co-ethnic communities, that is, newcomers’ peripheral positions within associations and the economic costs of filing claims via associations. This situation creates a representational gap in the associational context between its active members with higher legal capital and irregular newcomers with lower legal capital. Tackling the problem of representation determined by the legal hierarchy, this study questions whether migrant associations should still be considered important political actors when undocumented/irregular migrants outnumber regulars—especially with regard to the immediate political/legal actions they require.     

Fear,Terror and the New Global Economy of Salvation–Global Excess and ‘Suicide’ Bombing in London

The article looks at the London bombing of July 2005 as a double volunteered witnessing. The four male British ‘suicide’ bombers purported to witness the plight of the victims of global excesses in places like Iraq and Palestine as Muslims and their own privileged membership of the Muslim Community (umma). The witnessing was as much a trans-national self-identification by the bombers with their Islamic faith as a counter-identification against their British citizenship. On their trails of death and destruction, the bombers advocated the supremacy of the privilege of faith over the rights of citizen by destroying the mortal bodies of individuals to which is anchored citizen rights in order to provide room for the immortal body of the Muslim Community which cherishes the privilege of the faithful. In their surrogacy for the will of fellow Muslims, the bombers drew on a new economy of salvation that promised them the magnanimity of the witnessing (martyrdom) for the Muslim Community and offered the Other the ignominy of an apocalyptic retribution. By substituting the body for the mind as the immediate object of power the Muslim volunteers inspired fear among the potential victims of their violence without giving them the opportunity to reciprocate fear thus turning the fear into a sense of despair—terror—that makes power incontestable and abolishes politics. Faced with the threat of terror, the British public erected invisible, internal borders within which they constructed an invincible Britishness from which no one was excluded. The insurrectionary, multicultural assertion of British identity through recourse to the notion of individual rights is followed by a moment of constitution of Britishness by the institutions of government. An institutional construction of the general will to protect public safety within the spatially fixed borders is mediated by the Anglo-American model of multiculturalism. The article explores the incompatibility between cultural construction of boundaries sanctioned by the model and the state's educating role to dis-identify the faithful in order to identify them as citizens.     

The Janus-faced court of naturalisation: marriage and kinship in naturalisation litigation in South Korea

Migration scholars have noted the growing role of the courts in expanding migrants’ rights. Drawing from naturalisation litigation in South Korea for case studies, this article investigates the role of the court in determining national membership. Three main findings are presented based upon an analysis of 105 marriage-based and 36 kinship-based litigations filed against the Ministry of Justice in the Seoul Administrative Court. First, the Court adopts a more liberal interpretation of ‘true intention to marry’ than the Ministry, granting citizenship to those who convincingly perform their roles as dutiful wives. Second, the Court plays a more active role in kinship-based than marriage-based naturalisation, challenging the Ministry's too-narrow interpretation of the requirements. Overall, however, the Court shows strong judicial deference to the Ministry and plays a passive role in advocating for the rights of migrants. The Korean case highlights the need to revisit the tendency to view immigration and citizenship as special classes of public laws, over which administrative and legislative bodies of a government can exercise a significant degree of discretion. As citizenship is becoming an important dimension of social stratification, the judicial branch should serve as a check on the executive branch in issuing visas and granting citizenship.     

Revision required: Reconciling New Zealand citizenship with Māori nationalisms

Governments in settler societies conventionally have regarded the incorporation of indigenous peoples into the equal rights of citizenship as an appropriate response to indigenous calls for justice. Yet, the state nation-building agendas behind citizenship sit in tension with indigenous nationalisms, which reflect an alternative form of nation-building not framed by the state. This article first identifies four major ‘citizenship regimes’ in New Zealand's history, noting that symbolic recognition of Māori nationalisms has been made without addressing the fundamental conflation of ‘nation’ and ‘state’. It then explores possible directions for revisioning New Zealand citizenship to overcome these historical limitations.     

Fratricide identities: the land conflict between indigenous Leco and peasant unions in Apolo,Bolivia

This article explores processes of identity-building and claims-making by rural social groups in the context of recent multicultural and plurinational reforms in Bolivia, focusing on an analysis of the narrative apparatus that underpins a paradigmatic land conflict between an indigenous organization and a peasant union in the Bolivian Amazon. The institutional shift that characterized the country after Evo Morales’ election has been reflected and absorbed at the local level. Here, however, the new claims for recognition cannot be understood only through the –often abused – lenses of ‘resistance struggle’, ‘cultural oppression’ and ‘political discrimination of minorities’. In fact, these claims are the result of a complex interaction between institutional changes, and social actors’ ability to respond to them, proposing powerful narratives that provide society and individuals with new shared meanings and mechanisms of self-identification.     

Mobility and security: the perceived benefits of citizenship for resettled young people from refugee backgrounds

In recent decades, the meaning and value of formal state citizenship has shifted dramatically. In the same period, scholarship on citizenship has drawn attention to the proliferation of alternative forms of sub-, supra- and transnational citizenship, at times obscuring the ongoing importance of formal state citizenship. For refugees, however, formal state citizenship remains a critical and widely shared goal. Drawing on interviews with 51 young people from refugee backgrounds in Melbourne, Australia, this article explores the intersecting themes of mobility and security that were identified by participants as the most important benefits of acquiring formal state citizenship in the country of resettlement. In contrast to the insecurity of forced migration, formal state citizenship provides a privileged mobility that enables refugee-background youth to maintain and create transnational identities and attachments and to be protected while doing so, while also granting a secure status within the nation state and insurance against further displacement in an uncertain future. In offering these forms of mobility and security, formal state citizenship contributes to a sense of ontological security among refugee-background youth, providing an important foundation for building national and transnational futures.     

Patterns of im/mobility,conflict and the re/making of identity narratives*

ABSTRACT

This paper analyses the interrelationship between patterns of im/mobility on the one hand and the reconstitution of social collective identities and the related emergence or settlement of conflicts on the other. The main arguments are (1) that the im/mobility of a social or cultural group has major impact on how identity narratives, a sense of belonging and relationships to ‘others’ are shaped, and vice versa, and (2) that these dynamics are closely interlinked with mechanisms of inclusion and exclusion between groups and power structures that involve a broad variety of actors. Mainly looking at patterns of internal mobility such as ‘traditional’ or strategic mobilities and mobilities enforced by crisis, conflict or governmental programmes and regimes, the contribution provides the conceptual background for a special issue that aims to go beyond currently predominant issues of transnational migration. Established or emerging dynamics of (non-)integration and belonging, caused by im/mobility, are analysed on a cultural and political level, which involves questions of representation, indigeneity/autochthony, political rights and access to land and other resources. Conflict situations in contexts of mobility involve changes in the social understanding and renegotiation, reconstruction or reproduction of group identities and narratives with reference to certain socio-political and historical patterns. The legitimation of rights and access to various forms of citizenship and mobility need to be understood against the backdrop of emerging or established mechanisms of inclusion and exclusion between groups, which trigger or settle conflicts and make social identities to be constantly renegotiated.     

Museums and the Utility of Culture: The Politics of Liberal Democracy and Cultural Well-Being

Contemporary museums exist as variously configured sets of institutional coordinates that aspire to function as popular, demotic spaces dedicated to representing a variety of experiences and modes of citizenship. In some cases, they can be seen as gesturing toward Yúdice's formulation, whereby recognizing the value of culture as a resource may facilitate or enable a new episteme that is ‘posthegemonic’ (from the ‘purview of the national proscenium’) and predicated on the withdrawal of the state from the public sphere (which also redefines the parameters of social agency). This post-Habermasian take on publicity has real implications for museums, which are, by and large, still functioning within what is, according to Yúdice, an exhausted model of citizenship.

This paper examines whether, in aiming to provide a much-publicized social advocacy role for indigenous peoples and source communities, the National Museum of the American Indian in Washington DC and the Museum of New Zealand Te Papa Tongarewa might be seen as producing open and inclusive public spaces that encourage debate about what constitutes citizenship in postcolonial multicultural societies. I argue that a neo-Habermasian realm of association and interaction may be provided by cultural centre-like museums. However, I qualify this point by adding that this suitability also reveals the double-edged role of culture at the NMAI and Te Papa—where it is unclear whether culture provides a key resource for the state's social management discourses, or whether it is connected to discourses of development produced by—or in consultation with—communities.     

Development Mobilities: Identity and Authority in an Angolan Development Programme

This ethnographic essay considers how international non-governmental organisations are able to make claims to authoritative knowledge about development work by offering the transnational mobilities of their staff members as evidence. I examine how one professional's biography—his trajectory from Angola to Britain and back again—was differentially presented to external donors and internal staff members as befitting the institutional needs of an international good governance intervention in Angola. These presentations reflect a commoditisation of the cosmopolitanism of professionals' histories in the service of development as a regime of mobility. I argue that, in this development regime, a global hierarchy prevents some individual professionals, particularly those from developing nations, from realising the same benefits of their cosmopolitan mobility as professionals from industrialised nations. While one of mobility studies' many strengths is that it highlights global interconnectedness, social scientists should not read equality in these interconnections but examine how patterns of transnational mobility may produce and reproduce global structures of inequality.     

The “Mainstreaming” of Halal: Muslim Consumer-Citizenship in Australia

Abstract

The expansion of halal commodities globally reveals how Muslims are an object of increasing commercial interest. In Australia, despite a hostile political context, the recognition of Muslims as consumers, captured by the growing availability of halal goods, is providing alternate modalities of belonging. Drawing on fieldwork from Melbourne, Australia, this paper illustrates the ways halal consumption works to produce local, national and global orientations in citizenship and belonging for Australian-Muslims. By paying close attention to ethnographic encounters, the paper demonstrates how participation in the research process played a significant role in shaping the way participants defined, delimited and expanded the meanings of halal and its relationship to identity claims and ethical consumption. The paper argues that the concept of consumer-citizenship offers an important prism for understanding these experiences and for challenging prevailing binaries of minority and mainstream belonging in a consumer society.