The evolution of French immigration policy after May 1981

Changes and continuities in French immigration policies, following the assumption of power by the socialist government in 1981, are described. Attention is focused on the political implications of immigration and on the role of immigrants in French politics. Efforts to restrict immigration to France were initiated in 1931, but clandestine immigration, especially from Portugal, remained largely unchecked for 4 decades. In the early 1970s, stricter enforcement measures were adopted, but these measures met with considerable international and national opposition. In 1977, the government altered its approach to immigration by offering financial aid to help illegal migrants return to their countries of origin. These efforts met with little success, and in 1980 the government initiated measures to promote the integration of immigrants into French society. The socialistic government basically adhered to the immigration policies of the preceding government. The current government seeks: 1) to stop further illegal immigration through the intensification of border controls, 2) to grant amnesty to illegal aliens who currently reside in the country and who meet certain employment requirements, 3) to penalize employers who hire illegal aliens or who contract to bring illegal aliens into the country, and 4) to improve living conditions for legal immigrants. The politicalization of immigration has increased in recent years. Current issues center on the human and political rights of migrants and on arbitary administrative efforts to control immigration. It was expected that migrants would acquire political rights after the 1981 election; however, this expectation was not realized, and the political status of immigrants remains an unsettled issue. Consequently migrants have become pawns in the political struggle between different groups in the population both at the national and the local level. Immigration threatens to become an explosive issue. At the same time, migrants themselves are playing an increasingly prominent role in political activities, such as rent strikes and protest movements.     

French immigration policy since May 1981

Examining the immigration policy changes undertaken by Socialist President Francois Mitterand between May 1981 and September 1982, this discussion provides backgroung information for the study of immigration policy reform in France, discusses the institutional and historical contexts within which recent policy changes have occurred, and examines the initial measures taken, the new immigration legislation adopted in October 1981, the "Exceptional Regularization" carried out in 1981-82, and various other immigration measures announced during the period under study. The discussion also identifies some of the problems which arose and are likely to arise as a result of the new policies. The French government has historically taken great pains to track the movement of both foreigners and natives within its territory. All citizens are issued a national identity card, and all foreigners residing in the country for longer than 3 months must obtain a residence permit from their local prefecture of police. The entry of some 347 million people annually into France must contribute to the problem of exercising strict control at entry. French measures to enforce immigration laws within its borders have not prevented the development of clandestine immigration nor the employment of undocumented foreigners. French law requires that all employers and employees contribute to the system of the Securite Sociale and to a variety of other government programs providing social and economic assistance to workers and their families. The year 1932 marks the date of the first French laws limiting immigration. On July 5, 1974 the French government closed the country's borders to immigration and have not reopened them since. Following that date a more severe attitude towards clandestine immigration became evident. Despite the anti-immigration policies of the 1974-81 period the number of foreigners residing in France did not diminish. 3 basic goals guided the new government in the development of its policies: to limit the entry of new foreigners; to end the precariousness which has characterized the existence of many immigrant families in France; and to examine immigration problems through bilateral negotiation with various sending countries. The immigration policy developed and carried out by the Mitterand administration during its first 15 months in office expressed an attitude of generosity towards established immigrants and external rigor vis-a-vis new immigration. The generosity of the new government is evident in the limitations placed on expulsion and detention, the guarantee of due process of law and all job-related rights for undocumented foreigners, the reaffirmation of family reunification, easier access to "privileged" immigrant status, the extension of the right of employment to foreign students and to Polish and Lebanese refugees, and new legislation guaranteeing the right of association to immigrants. The government's desire to control immigration more effectively is evident in the tightening of control at France's borders and in the substantial increases in sanctions against employers of clandestine workers.     

Patterns of Australian and Canadian immigration 1900-1983

A historical analysis of trends in immigration to Australia and Canada from 1900 to 1983 is presented. The important role that immigration has played in the development of both countries is stressed. The steps taken to rethink immigration policies following the international economic crises of the mid-1970s are also considered, as is the increased demand for immigration by political refugees. The close relationship between political objectives and migration policies in both countries is emphasized. (summary in FRE, SPA)     

Bodies ‘locked up’: intersections of disability and race in Australian immigration

Between 2005 and 2006 it came to be known that over 200 people had been wrongfully detained in Australian immigration detention centres, of whom 13 were people with a disability. A review of the subsequent Commonwealth Ombudsman Reports into the wrongful detentions exposed an organizational culture in which othered voices were discredited and disregarded, an over‐willingness to detain a person and a lack of proper oversight of these powers. This paper explores these reports and argues that proper investigation needs to go beyond organizational culture and to look also at historical, social, political and cultural forces shaping Australia’s use of immigration detention. The authors propose that the intersection of disability and race leaves people vulnerable to human rights violations primarily because this is also the intersection of both racial and rational prejudices of the dominant hegemony.     

One century of foreign immigration to the United States: 1880-1979

Due to declining fertility rates and increased numbers of immigrants, legal foreign immigration now comprises 1/4 of the US's annual population growth. This article uses 1900-1979 Immigration and Naturalization Service data on immigrants' intended destination to examine immigration policy and its effect on immigrants and the American people. From the US's beginnings to the 1880s, immigrants came mainly from Great Britain, Germany, and other Northern and Western European countries, in the 1890s; over 70% of immigrants came from Italy, Austria, Hungary, Russia, and Germany. Immigration had peaked at over 1 million persons a year at the outbreak of World War I, then declined sharply, and rose again greatly during the first 2 decades of the 20th Century. The first significant legislation to restrict ethnic groups was in the early 1880s with the Chinese Exclusion Act; In 1924, Congress passed the 2nd Immigration and Naturalization Act which used the 1890 census to set quotas for ethnic groups, and later used the 1920 census to fix quotas in the national origins system; both pieces of legislation favored Northern and Western Europeans. Immigration declined drastically during the 1930s and early 1940s, but the Displaced Persons Act, the War Brides Act, and 1950s legislation allowed more Asian refugees and some other ethnic groups to enter the country. The nationality origins quotas were eliminated in 1965, and were followed by dramatic changes in immigration character as persons from formerly low quota nations flooded into the US. 1976 and 1978 legislation made immigration still more equitable, and the Refugee Act of 1980 allowed admittance of 50,000 refugees with no regard for geographic or ideological biases. A preference system, in operation since 1924, has favored relatives of citizens and immigrants with certain skills. Females presently outnumber male immigrants, average immigrant age is 26.2 years, and over 1/2 of the immigrants since 1950 have been housewives, children, or others with no occupation. In the 1970s, 1 in 10 immigrants was a professional or technical worker, probably from Asia. In 1900, most immigrants headed for mainly northern, industrialized cities, especially New York. In recent years, too destinations have included New York, California, Washington, Texas, and Florida. Throughout the century, 3/5 immigrants went to only 5 states, so many states have received very few immigrants since 1900. Due to the amount spent on receiving refugees, and economic and job problems, many Americans think immigration should be greatly limited. Today's 1 million legal and illegal immigrants will continue to change the composition of the American population, as the long established Northern and Western European population declines.     

The Path to Asylum in the US and the Determinants for Who Gets In and Why*

The migration of political asylum seekers into the United States has long been a salient political topic; however, social scientists have yet to examine this process in its entirety and in the context of political changes since September 11, 2001. Previous research shows that humanitarian and strategic interests are important for decisions made by asylum officers but that research overlooks the decisions made by immigration judges. Here we examine decisions made by both asylum officers and immigration judges using data from a global set of countries, from 1999 to 2004. We find that the waning importance of human rights is more pronounced for asylum officers than for immigration judges after the attack on the World Trade Center. We also find that language heritage, specifically for asylum seekers from English‐, Spanish‐, and Arabic‐speaking countries, substantially affects acceptance rates made by both decision‐makers between the two time periods of our study.     

Policing immigrants or policing immigration? Understanding local law enforcement participation in immigration control

As the United States has expanded its immigration control strategies, police participation in immigration enforcement has increased in scope and intensity. Local law enforcement agencies contribute to immigration enforcement in three key ways: through the direct enforcement of immigration law, through cooperation with federal immigration authorities, and through the everyday policing of immigrant communities. These enforcement approaches have consequences for unauthorized immigrants, and for the agencies and officers tasked with providing them police services. This article reviews local law enforcement practices and argues that future research should move away from an exclusive examination of police policies towards immigrants, to consider how the policing of immigrants actually occurs on the ground. Moreover, we argue that as long as discretionary arrests funnel removable immigrants into the deportation system, some immigrant communities will perceive policing as fundamentally unfair and discriminatory.     

The political consequences of contemporary immigration

This article synthesizes research on political outcomes associated with increasing immigration, with an emphasis on cross‐national studies of European countries, where immigration is a relatively newer phenomenon compared to the United States and other traditional immigrant destinations. We begin with explanations of and research on anti‐immigrant sentiment, not a political phenomenon in itself but considered an important precursor to other relevant political attitudes. Next, we review scholarship on the relationship between immigration and support for the welfare state, as well as exclusionary attitudes regarding immigrants' rights to welfare benefits. Then, we review research on immigration and political party preferences, in particular radical right parties, whose platforms often combine anti‐immigration and welfare chauvinistic positions. We conclude by discussing how these processes may ultimately shape social policies, which may in turn influence immigration itself.     

The Politics of Childhood and Asylum in the UK

This article considers the general treatment of asylum‐seeking families with children in the UK, focusing on the government's practices and public reactions to these measures. It first describes both the exclusive asylum framework, based on institutionalised suspicion, welfare restrictions and detention, and the inclusive child policy framework, based on recognising children's rights and protecting all children. The article then investigates the implications for policy‐making that these radically opposed regimes have for those who fall between the two categories, i.e. asylum‐seeking children. To this end, we examine more closely three asylum practices — Section 9 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004, detention of accompanied asylum‐seeking children in immigration removal centres and removals. Our analysis indicates that the government's attempt to fully include families within the restrictive asylum framework has been somewhat frustrated by the mobilisation of a wide range of public actors. As such, despite its supposedly ‘legally unconstrained’ room for action, the government has recently agreed to partly review its policy standards for asylum‐seeking families, apparently aware of the potentially damaging effects of being seen as disregarding children's rights and needs. On the other hand, the government does not seem inclined to question the current asylum framework and the assumptions on which it is based. Consequently, the asylum system for families is likely to remain based on ad hocarrangements conditioned by the scale of the protests.     

From 'White Australia' to 'part of Asia': recent shifts in Australian immigration policy towards the region

This article examines migration policy in Australia with reference to the "White Australia" policy prior to 1975 and the multicultural policy thereafter. Mass immigration has not caused major social tensions. Mass tourism has been welcomed. Australian attitudes have changed from fear of massive numbers of Asians and mass poverty and ignorance to multiculturalism. Suspicious attitudes toward Asians, however, are still present among a minority of Australians. The most influential arguments against Asians are the concerns about employment of new arrivals and the environmental impact of an increasing population. Although there are many cultural differences, Australia is linked to Singapore, Malaysia, and the Philippines in that all have a history of British or American influence. Educated Indians and Sri Lankans are linked to Australians by their common language and Christian religion. The integration of Asians in the business and financial community holds the potential for economic gain over the years. The author finds that the Australian relationship to Asia is more acceptable in public arenas than the comparable changing relationship between Britain and Europe. The roots of a Whites-only policy extend back to 1901, when the Commonwealth Immigration Restriction Act was ratified. The exclusion of non-European immigrants was not specified in the law. The mechanism for exclusion was included in the law. Undesirable immigrants could be excluded. Under mass migration programs after 1947 the population of non-English speaking Europeans increased. By 1973 government shifted from an assimilationist approach to a multicultural approach due to pressure from the Department of Foreign Affairs. Numerous historical events occurring during 1942-80 drew Australia out of its isolationist position in the world. At present about 25% of the total population are of non-British origin. Over 900,000 would have been excluded under the old migration policy. In 1991, 665,315 persons were born in Asia, of which the largest numbers came from Mainland China, Malaysia, and the Philippines. Asian immigrants are either refugees from Viet Nam, Cambodia, and Laos or voluntary Asian immigrants.     

The Immigration Reform and Control Act of 1986: America amends its immigration law

This disucssion of the Immigration and Control act of 1986 covers legalization, employer sanctions, and foreign agricultural worker reforms. It also identifies other changes in immigration law. The Immigration Reform and Control Act of 1986 recognizes 4 types of aliens who are eligible to receive legalization benefits: those who have resided "continuously" in the US since January 1, 1982; those who have worked in US perishable crop agriculture for 90 "man-days" each year ending on May 1, 1984, May 1, 1985 and May 1, 1986 (special agricultural workers) or who have performed such labor for 90 man-days between only May 1, 1985 and May 1, 1986; those who have been in the US since before January 1, 1972; and those classified as "Cuban-Haitian entrants" and who have been in the US since January 1, 1982. Each legalization category has specific eligibility requirements, its own application procedures, and its own process for obtaining legal permanent resident status. The IRCA forbids employers from knowingly employing unauthorized aliens. For the 1st time in US immigration history, an employer would be punished for employing aliens without work authorization. An employer would be able to establish an "affirmative defense" in his or her behalf if the employer examined certain documents which appear to be genuine or the applicant was referred to him by a State employment agency which previously has verified the applicant's employment eligibility. If the employer is found to have violated the provisions, a cease and desist order will be issued with a civil penalty of between $250-2000 for each unauthorized alien for the 1st time the violation occurs, between $2000-5000 for each alien for the 2nd violation, and between $3000-10,000 for each alien for subsequent violations. The Act provides for criminal penalties for employers who engage in a "pattern or practice of violations." Employer sanctions will not be effective for 18 months following passage of the Act. The changes which the IRCA introduced in terms of foreign agricultural workers fall into 2 broad categories: a formula for recruiting foreign agricultural workers for permanent residence in the US beginning with 1990 (replenishment workers); and changes in the existing system of temporary foreign workers for agricultural work. Among other things, the Act also increases colonial quotas to 5000 from 600, offers special immigrant status to certain officers and employers of international organizations and their immediate family members; and offers nonimmigrant status for parents and children of aliens given spcial immigrant status.     

Australian immigration between globalization and recession

"This report has given some idea of the wide-ranging discussions at the Second National Immigration Outlook Conference [held in Sydney, Australia, in 1993], and of the way they reflect vital political, economic, and social issues in a country built upon mass immigration. The strains of globalization, geopolitical reorientation, and economic restructuring are having decisive effects on policies of immigration and multiculturalism. The consequences of such changes are difficult to predict, but in the authors' opinion they could lead to the breakdown of the 'Australian model' which has been remarkably successful in incorporating very large numbers of newcomers from varied backgrounds. The result might be considerable hardship and social tension."     

The shaping of Australia's immigration and refugee policy

Since 1945, the objectives of Australia's immigration policy have been based at one time or another on security, self‐sufficiency, labour market considerations, economic growth, homogeneity, population building and social and humanitarian considerations. The scale of immigration has been influenced by the level of unemployment, general economic conditions prevailing at the time, the political party in government, the lobbying power of prospective interest groups, public perception and receptiveness, and foreign policy considerations. Australia's refugee policy (including intake), which was only formalized in 1977, has been determined by the resettlement needs around the world, foreign policy considerations and domestic politics.     

社会保险权的历史发展:从工业公民资格到社会公民资格

伴随着现代社会保障制度的改革与发展,社会保险权的发展轨迹也愈加清晰:从德国《1881年帝国诏书》中面向劳工阶级的"书面性"权利,到美国1935年《社会保障法案》中"较为丰满"的法定权利,再到1942年《贝弗里奇报告》描画的国民普享式社会权利,并经受住了20世纪70年代末以来"新保守主义及其政策导向的考验",经历了从工业公民资格到社会公民资格的螺旋式演进。在这个过程中,社会保险制度呈现出的全民化、福利化和私营化趋向,已经、正在、未来必将继续影响社会保险权的发展。     

The immigration issue in Assam and conflicts around it

Assam, the northeastern state of India, has experienced strong anti-outsider sentiment for more than half a century now. What makes the Assam case unique is that it has faced both internal as well as illegal international migration in massive scales giving rise to intense existential fear and apprehension among its smaller indigenous communities. Their lack of the required political authority and the indifferent attitude of the Indian Union government in addressing the issue have only multiplied its magnitude. The article explicates the politico-economic dynamics of the immigration issue in Assam and the social tension and conflicts around it in a historical perspective and suggests that a multi-pronged approach backed by strong political will is imperative to negotiate the challenges of immigration in the state in an effective manner.     

A comparative assessment of public opinion toward immigrants and immigration policies

"This article is part of a larger study of public attitudes toward immigration in seven countries that historically and currently have had different policies and practices vis-a-vis immigration. The countries involved are Australia, Canada, France, Germany, Great Britain, Japan and the United States. The time frame for which most of the public opinion data will be reported is from 1970 through 1995. The data have been collected from national surveys that were conducted in each of the countries."     

Demanding an ‘adequate solution:’ the American Legion,the Immigration Act of 1924, and the politics of exclusion

This article analyses the American Legion’s role in developing a discourse of exclusion surrounding the Immigration Act of 1924. The Legion strategically used the political rhetoric of states’ rights and federalism in addition to racist and nativist language to emphasise the need for increased federal restrictions on immigration. The arguments found in the Legion’s resolutions, pamphlets and testimony to Congress place the organisation’s emphasis on the political disruptions caused by Japanese migrants within the context of evolving immigration reform. The Legion’s activism in exclusion contributes to an understanding of the history of states’ rights and federalism tropes in anti-immigrant arguments during the twentieth century.     

Argentine experience in the field of illegal immigration

This article provides a brief history of Argentine policy toward migratory flows from neighboring countries and Europe, and concludes with statistics on the number of foreigners in Argentina in the 1970-80 period. Measures passed during the 1940s and 1950s were aimed at providing amnesty for foreigners who were residing in Argentina without immigrant status. However, the lack of an adequate administrative structure to regulate foreigners at the borders was a drawback for migration authorities and limited the possiblility of applying admission criteria effectively. By 1970, there were 583,000 foreigners from neighboring countries living in Argentina, which represented a 25% increase from 1960. 42% of these migrants were in the metropolitan region of the country, indicative of a shift away from employment in agriculture. Decree No. 87, passed in 1974, represented an extension of a migration policy aimed at granting ample facilities for permanent residence to aliens from contiguous countries and was designed to prevent abuse of clandestine workers by employers. As a result of this measure, 150,000 foreigners were able to settle legally in the country. A 1981 law, yet to be implemented, establishes a new legal framework aimed at fostering immigration and regulating the admission of foreigners. To attain the objective of settling workers in areas of the country considered of prime importance to economic development, the law provides for infrastructural investments and promotional measures in areas such as tax exemption and the granting of credit. The 1980 National Population Census indicated there were 677,000 foreigners from neighboring countries in Argentina. In that year, foreigners comprised 2.4% of the country's population and 3.1% of the inhabitants of the metropolitan region. These figures are indicative of a decline in the growth of immigration, most likely due to the decline in the purchasing power of workers' salaries in the late 1970s.     

Female "birds of passage" a decade later: gender and immigration in the European Union

"First, this article critically assesses the dominant accounts of the sequence of labor migration and family reunification and argues that it is time to reclaim the heterogeneity of women's past migratory experiences in our understanding of European patterns of post-war immigration. Second, it examines family migration, covering diverse forms of family reunification and formation which, although the dominant form of legal immigration into Europe since the 1970s, has received relatively little attention. Third, it explores the implications of the diversification of contemporary female migration in the European Union and argues for the necessity of taking account of the reality of changing patterns of employment, households and social structures to advance our understanding of European immigration."     

Juridical Framings of Immigrants in the United States and France: Courts,Social Movements,and Symbolic Politics

This study reexamines the engagement of U.S. and French courts with immigration politics, aiming to provide a fuller accounting of how law and immigration politics shape one another. Jurisprudential principles are placed in national and historical context, elucidating the role of rights‐oriented legal networks in formulating these arguments during the 1970s and early 1980s. The analysis traces how these judicial constructions of immigrants subsequently contributed to catalyzing a transformation of immigration politics in both countries. Immigrant rights jurisprudence is shown to be produced by, as well as productive of, broader political values, agendas, and identities.