“The EU Should Talk to Germany” Transnational Legal Consciousness as a Rights Claiming Tool among Undocumented Migrants

Migrants must often negotiate their rights while being hampered by their precarious resident status, within contexts where the overlap of migration, welfare, labour and gender regimes lead to incoherent and contradictory institutional set‐ups that hinder their claiming of rights. The analysis of the legal consciousness of undocumented migrants in Germany reveals a complex set of orientations. On some occasions they waive their rights, accepting lower working conditions in order not to lose their jobs – a finding that confirms existing research. At the same time, they also informally “enact” rights and access to institutions themselves. They appeal to the experiences of undocumented migrants with laws and access to social services in other countries. The finding of relatively widespread transnational legal consciousness adds a new dimension to the scholarship on migrant legal consciousness and claims‐making, which has hitherto portrayed undocumented migrants as living in a legal limbo between their countries of origin and destination.     

Take Me “Home”: Return Migration among Germany's Older Immigrants

This paper examines the determinants of return migration as foreign‐born men approach old age in Germany. Return migration in later life engages a different set of conditions from return migration earlier on, including the framing of return as a possible retirement strategy. Using 23 years of longitudinal data from the German Socioeconomic Panel, this paper investigates how social and economic resources of immigrant men influence decisions to return “home.” Results suggest that immigrants from former guest worker recruitment countries within the European Union are more likely to return than non‐EU immigrants. In addition, return migrants are “negatively selected” so that those with the least education and weakest attachments to the labor force are more likely to emigrate. However, findings vary greatly depending on the immigrant's age and country of origin. Results from this paper highlight the heterogeneity of older immigrants and the factors that motivate their return “home”.     

Luanda – Holanda: Irregular Migration from Angola to the Netherlands

Against the backdrop of push‐pull and social network theories on migration and criminological theory on human smuggling, this article tries to answer the questions of why and how Angolan asylum‐seekers migrated to the Netherlands since the end of the 1990s. The study shows that the migrants can be described as opportunity seeking migrants, rather than survival migrants. Most migrants made no use of typical human smugglers during their travel. They rather used assistance from their social network and made use of the services of middlemen, called esquemas, on an ad‐hoc basis. In this article it is argued that “archetypal” large smuggling organisations in Angola have not evolved because of the existence of these highly informal networks. Support is found that both push‐pull and social network theories can contribute to explaining irregular, asylum migration.     

Migration and the “Second Wife” in South China: Toward Cross‐Border Polygyny1

Rapid industrialization in southern China has brought together two types of migrants: young women from towns and villages seeking work and upward mobility and affluent men from Hong Kong sojourning in the coastal provinces to supervise or service export‐oriented industries. The result is that many married Hong Kong men who cross the border regularly on business have taken “second wives” or mistresses in China. We analyze this phenomenon using government statistics, selected court cases, and personal interviews. We show that the emergence of the “second wife” phenomenon among migrants in southern China is consistent with recent studies on the causes of polygyny, and we make some predictions about the likelihood of this type of polygyny among migrants.     

Representations of “the West,”“Japan,” and “the Periphery” in the Discourse of Lafcadio Hearn Studies

The purpose of this article is to analyze representations of “the West,”“Japan,” and “the Periphery” in the discourse of research on Lafcadio Hearn (“Hearn studies”) from pre‐war Japan. The nature and construction of nationality will be analyzed by examining where the representations of “the West,”“Japan,” and “the Periphery” intersected. During the 1900s, researchers in the field of Hearn studies recognized that “Japan” lacked—and thus sought—a universality similar to what existed in “the West.” The tone of the discourse shifted during the 1910s through 1920s however, and what came to be emphasized was “Japan's” peculiarity. By the 1930s through 1940s, “Japan” aimed to show to “the West” a new universality that was different from what existed in Europe and America. Yet simultaneously, in order to legitimize its representation of its self, “Japan” portrayed “the Periphery” as an object that was both excluded and absorbed or appropriated into that image. On the one hand, “Japan” received and internalized the Orientalist viewpoint of “the West.” In fact, “Japan” was always conscious of its self‐image as something to display to “the West.” On the other hand, in order to create that self‐portrayal, both a representation of “the Periphery” and a reflection from that same “Periphery” were essential. While representations of “Japan” were produced, reproduced, and reinforced through interactions with “the West” and “the Periphery,” the intersecting behavior of these three entities also points to a residual ambiguity in “Japan's” nationality. By analyzing the discourse in Hearn studies, this paper reveals how the interaction between “Japan” and the two others of “the West” and “the Periphery” helped construct and destabilize its nationality.     

Immigration Policies and the Factors of Migration from Developing Countries to South Korea: An Empirical Analysis

This study examines the impacts of immigration policies adopted by the Korean government, vis‐a‐vis other economic, social, demographic, and political factors, on labour migration from developing countries to South Korea using a modified gravity model. The model is extended to marriage‐related migrants to gain insights on marriage migration. The positive results in three out of the five immigration policies examined affirm that liberal policies are associated with increased migration, especially for preferred groups like ethnic Koreans, marriage migrants, and professionals. The positive effects of “push” factors such as population, unemployment, and inflation are generally similar to their effects on migration to the US, Canada, Germany, and the UK despite its more rapid transition from a migrant‐sending into a migrant‐receiving country. Political terror's non‐significance may be due to South Korea's limited asylum policy. Finally, the results of the extended model imply that marriage migration share plenty of similarities with labour migration.     

“Allochthones” in the Netherlands and Belgium

Schematically one can distinguish two traditions related to ethnic statistics in Europe. In France, Germany and most southern European countries, the dominant statistical categorisations merely distinguish individuals on the basis of their nationality. In contrast, most northern European countries have been producing data on the ethnic and/or foreign origin of their populations. Belgium is caught somewhere in between these two traditions. The French speaking part of Belgium tends to follow the French tradition of refusing ethnic categorisation, while the Flemish try to copy the Dutch model in distinguishing “allochthones” and “autochthones.” This contribution offers an analysis of the construction of ethnic categories as it has been undertaken in the Dutch context and (partially) imported in Belgium.     

What's in a Name? Causes and Consequences of Labelling Minorities as “National” or “Migrant”: Roma in Italy and Spain

This article analyses how Roma are represented in official policy narratives in Italy and Spain by comparing the four cycles of the Framework Convention for the Protection of National Minorities in the two countries. By tracing the representations that the Italian and Spanish governments hold (and make) about the Roma, I sketch out the different categories that EU‐ropean countries recur to as organizing principles to “other” underprivileged minorities. Based on the tailored‐approaches in which both Italy and Spain engage in framing Roma as either a “national” minority or not, I suggest that constructing or “producing” a minority in our imagined communities as characterized by national, cultural, social or migrant characteristics relies more on political expediency than on objective analytical categories.     

“Integration Constellations” – The Interaction between Destination and Origin Countries and Civil Society Organizations in Migrant Integration

Mainstream migration research examines migrant integration mainly as a function of integration policies in the country of destination, paying relatively little attention to policy frameworks in the country of origin. In this article we introduce the concept of “integration constellations” in order to describe multiple actors and actions involved in migrant integration in Europe. The analysis of such constellations includes policies frameworks produced by countries of destination and by countries of origin along with activities by civil society organizations. Our study encompasses all these actors in examining three empirical cases: Chinese student migration to the UK, Iranian refugees in Sweden, and Ukrainian labour migrants in Poland. These examples illustrate how actions by the states of origin and of destination can either complement or oppose each other. Although we concentrate on just three dimensions of integration (education, labour market and political participation), we point out the multidimensional reality of migrant integration.     

Migration Trends and Migration Policy in Europe

This paper summarizes the latest information on both stocks and flows of migrants in Europe, focusing specifically on arrivals from developing countries. It starts out by setting this into its historical context by showing how flows of labour migrants were followed by flows of family members, and later by asylum seekers and refugees. Then it looks more closely at recent migration data, though it finds these to be frequently incomplete and inconsistent. The most comparable cross–national data come from the OECD and Eurostat, which indicate that Germany had the largest flows of migrants in the 1990s followed by the United Kingdom. In addition to these arrivals there are probably between 2 and 3 million undocumented immigrants in Europe – accounting for 10 to 15 per cent of the total population of foreigners. The paper also traces the countries from where immigrants are leaving. Sources vary considerably from one immigration country to another, reflecting a number of factors, of which the most important are former colonial links, previous areas of labour recruitment, and ease of entry from neighbouring countries. In recent years, however, immigrants have been coming from a wider range of countries and particularly from lower–income countries. The paper also examines changes in immigration policy. National policies were fairly liberal during the 1950s and 1960s, before becoming restrictive from the 1970s on. Recently, however, a number of governments have been revising their policies to take better account of employment and demographic needs. The paper also traces the emergence of a cross–national European response to immigration, as European Union (EU) countries have become more concerned about their common external frontier. Thus far European countries have done little to try to control migration through cooperation with sending countries. They could, for example, direct Official Development Assistance to those countries most likely to send immigrants, though few appear to have done so in a deliberate fashion. The paper concludes that in the future immigration to the EU is likely to increase, both as a result of the demand for labour and because of low birth rates in the EU. In the short and medium term many of these requirements are likely to be met by flows from Eastern Europe, particularly following the eastward expansion of the EU. But, the longer–term picture will probably involve greater immigration from developing countries.     

European Mobilities or Poverty Migration? Discourses on Roma in Germany

This article discusses the discursive framing of displacement and legitimacy for Roma migrants living in Germany to explore distinctions between “economic” and “forced” migration. Despite efforts towards their inclusion at the EU level, there has been an escalation in anti‐Roma sentiment across Europe simultaneous with increased transnational mobility. Based on media analysis and ethnographic research spanning 2011 to 2013, the inconsistencies and ironies associated with distinctions between voluntary and forced migration – and the consequences of this distinction for experiences in a host country – are illustrated using three cases. These highlight the range of reactions to Roma as “poverty migrants” (with its a priori assumption about welfare needs) to “bogus” or illegitimate refugees, even when fleeing desperate circumstances. These framings, and the inconsistencies they inherently entail, highlight investment in European identity and citizenship as migrants are defined, categorized, and managed by states seeking to curtail population movements deemed problematic.     

Gender Stereotyping in the Dutch Asylum Procedure: “Independent” Men versus “Dependent” Women1

Attention for discrimination against women in asylum law has grown considerably during the last few decades. Yet it is male claimants who have had smaller success Rates in the asylum procedures of different countries. Using administrative data from the Dutch INS, we show this difference is caused by the traditionally gendered migration pattern of asylum seekers. Men have a smaller success rate than women because they are less likely than women to have a spouse or children, are less likely to follow their spouse to the country of destination, and are more likely to come from countries considered to be safe. This suggests that men are less successful in their attempts to seek asylum because they better fit the image of “bogus” refugees, while women more clearly match the image of “victim of patriarchal domination.”     

Academic “Centres,” Epistemic Differences and Brain Circulation

This article investigates the factors that shape how migrant academics engage with fellow scholars within their countries of origin. We focus specifically on the mobility of Asian‐born faculty between Singapore, a fast‐developing education hub in Southeast Asia, and their “home” countries within the region. Based on qualitative interviews with 45 migrant academics, this article argues that while education hubs like Singapore increase the possibility of brain circulation within Asia, epistemic differences between migrant academics and home country counterparts make it difficult to establish long‐term collaboration for research. Singapore institutions also look to the West in determining how research work is assessed for tenure and promotion, encouraging Singapore‐based academics to focus on networking with colleagues and peers based in the US and Europe rather than those based in origin countries. Such conditions undermine the positive impact of academic mobility between Singapore and surrounding countries within the region.     

DIY Entrepreneurship? – Self‐reliance for Women Refugees in Australia

In this paper, we call for a re‐examination of the self‐reliance ideology based on a neoliberal perspective to make policies for refugee women's (self‐)employment and integration. We use a social constructionist perspective to conduct a narrative analysis of data from the lived experience of twelve women refugee entrepreneurs. Three prominent themes emerge from the women’s own narratives of their entrepreneurial journey – self‐reconstruction, social capital, and resilience. Our findings reveal the complexities of self‐reconstruction and socialization as experienced by refugee women entrepreneurs – for whom “push” factors take precedence over “pull” factors with the explicit understanding that the onus is on them to survive with their own resilience. We argue that offering people hope of a new life means offering them meaningful choices, built on forms of economic activity whose sustainability over the long term is evidenced by the positive supports available to make sure economic activity succeeds.     

Europe’s Migration Agreements with Migrant‐Sending Countries in the Global South: A Critical Review

The past two decades have seen the steady emergence of various bilateral and multilateral migration agreements between Europe and migrant‐sending countries in the global South. This article provides a critical assessment of the way the EU – and individual countries such as Spain, France and Italy – have played active roles in reshaping old and developing new strategies for keeping migration under control while opening up new opportunities for “regular” migration. It also discusses the extent to which migration agreements help migrant‐sending countries in Africa, Asia and Latin America to optimize the link between migration and development. Based on an analysis of the contents of the migration agreements and their implementation, it has become obvious that there is still a long way to go to achieve “fair multilateralism” and create “win‐win” situations between the EU and the poorer migrant‐sending countries in Africa, Asia and Latin America.     

Intra‐diaspora Knowledge Transfer and ‘New’ Italian Migration

The Italian Australia diaspora is a heterogeneous mix of regional, class and generational identities. This article identifies and considers the influence of four recent Italian‐Australian cohorts on the processes of Italian‐Australian cultural formation. Of particular interest is the most recent wave of migrants (post‐2000), whose arrival is prompted by the European economic crisis and facilitated by Australia's skilled migration programme. We argue that this cohort is a new form of “elite” skilled migration comprised of people who are independent of, yet reliant on, the community infrastructure and social standing that previous waves of Italian migrants have established. We consider the relationship between these cohorts as a process of “intra‐diaspora” knowledge transfer and show how diasporas play a fundamental role in the skilled migration project. These dynamics challenge assumptions that skilled migrant integration is “frictionless”. Rather, their arrival simultaneously generates diaspora renewal as well as tensions around identity and community resources.     

How Contexts of Reception Matter: Comparing Peruvian Migrants’ Economic Trajectories in Japan and the US

This paper examines how Peruvian migrants fare economically in two historically and culturally distinct host countries, Japan and the US, drawing upon a survey and interviews conducted in both countries. Peruvian migrants surveyed share similar socio‐economic backgrounds and migrated to both countries for similar reasons roughly around the same time. Yet, over time, they achieved more occupational upward mobility in the US than in Japan. Japan has not done quite as well as the US in providing immigrants with occupational opportunities due to its less diversified immigrant labor market, limited entrepreneurship opportunities, and restricted modes of immigrant incorporation. Does it mean, however, that Peruvian migrants are less successful in Japan than the US? Although occupational mobility is a commonly used measure of social mobility, the definitions and meanings of “success” are context‐dependent. Peruvians in the US do experience more occupational mobility, but diverge more greatly in economic achievement amongst themselves. In Japan, on the other hand, while they experience little occupational mobility, they have had more economic equality with relatively stable and high wages. The paper examines Peruvian migrants’ distinct economic trajectories over time, focusing on their occupational mobility. We conclude that occupational mobility matters, not necessarily because it accompanies higher income, but because it shapes migrants’ aspirations. In the context where immigrants’ destinations have become more diverse in the world, the paper provides insights into how immigrants “make it” and what it means to “make it” in recent destinations, such as Japan, in comparison to more traditional immigrant countries, such as the US.     

Employment‐Housing Paradigm of Internal Migration: Evidence from Norway

In a previous article (Portnov, 1999), the employment‐housing paradigm of interregional migration was introduced. According to this paradigm, different patterns of employment‐housing change in various geographic areas are likely to result in three different migration events – predominant in migration, out‐migration or “migration neutrality”. The latter is considered as a state of equilibrium in which a region or community neither gains nor loses its population in migration exchanges with other areas. Using preconditions for such migration neutrality as a “reference line”, planners and decision‐makers can determine regional policies aimed at a more balanced distribution of a country's population through generating a “migration push” in overpopulated regions and encouraging inward migration to development areas in which population growth is desirable. In the present article, the validity of this concept is tested using 1970‐89 statistical data for 430 municipalities in Norway. It appeared feasible to separate the band of migration neutrality from other migration cases and establish the quantitative thresholds of employment‐housing change that are conducive to the occurrence of different migration events – migration neutrality, in‐migration and out‐migration.     

A Model for Managed Migration? Re‐Examining Best Practices in Canada’s Seasonal Agricultural Worker Program

This paper situates Canada’s Seasonal Agricultural Worker Program (SAWP) within the policy and scholarly debates on “best practices” for the management of temporary migration, and examines what makes this programme successful from the perspective of states and employers. Drawing on extensive qualitative and quantitative study of temporary migration in Canada, this article critically examines this seminal temporary migration programme as a “best practice model” from internationally recognized rights‐based approaches to labour migration, and provides some additional best practices for the management of temporary labour migration programmes. This paper examines how the reality of the Canadian SAWP measures up, when the model is evaluated according to internationally recognized best practices and migrant rights regimes. Despite all of the attention to building “best practices” for the management of temporary or managed migration, it appears that Canada has taken steps further away from these and other international frameworks. The analysis reveals that while the Canadian programme involves a number of successful practices, such as the cooperation between origin and destination countries, transparency in the admissions criteria for selection, and access to health care for temporary migrants; the programme does not adhere to the majority of best practices emerging in international forums, such as the recognition of migrants’ qualifications, providing opportunities for skills transfer, avoiding imposing forced savings schemes, and providing paths to permanent residency. This paper argues that as Canada takes significant steps toward the expansion of temporary migration, Canada’s model programme still falls considerably short of being an inspirational model, and instead provides us with little more than an idealized myth.     

“Big Fish in a Small Pond”: Chinese Migrant Shopkeepers in South Africa

The steady growth of Chinese migrants to South Africa in the past decade provides an opportunity to use Sen's (2001, Development as Freedom. Oxford: Oxford University Press) capabilities approach in the field of immigration. This theoretical framing reveals that the Chinese employ, what I call, a small pond migration strategy – utilizing mobility to maximize their social, economic, and human capital. I argue that the Chinese move to South Africa because of a desire to venture out of China and pursue freedoms associated with being one's own boss. Once in South Africa, they choose to stay because of comfortable weather and a slower pace of life, despite losing freedoms associated with high crime in Johannesburg. The findings suggest alternative ways of understanding factors of migration as well as a model that explains migration from more developed countries to less developed ones.