International migration policies: conceptual problems

Kritz reviews national concepts and policies of migration. She examines how nation-states approach migration and how they define who is a migrant. Policies for permanent, temporary, and illegal migrants are examined for selected countries. While the traditional permanent immigration countries--Australia, Canada, New Zealand, and the US--continue to admit large numbers of permanent migrants, they are also admitting growing numbers of temporary migrants. Other countries, in Europe and the developing world, have different migration histories and use other approaches to admit foreigners--migrants are generally admitted on a temporary basis for work or other purposes. Growing numbers of these temporary migrants, however, do become long-term or permanent settlers, and the distinction between permanent and temporary migration policies becomes a short-term legal one rather than a long-term sociological one. Governments have been seeking those policy instruments that would allow them to improve control over who enters and settles in their territories, and temporary migration policies are the measures to which they are turning. While increasing restriction characterizes the policy stance of most countries toward international migration, this does not necessarily mean that the number of migrants entering is declining. Kritz argues that the concepts employed by countries in their immigration policies frequently do not correspond to the reality, making it necessary to examine the actual context.     

Factoring Turbulence Out: Diaspora Regulatory Mechanism and Migration Development Bank

The ongoing economic crisis has shifted much of the policy debate to problems of financial sector regulation, productive capacity collapse, among others. However, this leaves unattended the real situation with labour migration, which directly impacts social and economic inner components of being of millions of individual families across the world. The somewhat ad hoc nature of the process poses several policy issues for the home and host economies alike. Immediate concerns relate to streamlining migrants and remittances flows. This involves sensitive aspects of inequality in migrant workers’ labour efforts vis‐à‐vis domestic workers; migrants’ social and legal status; and less obvious, but still profound, unproductive misallocation of labour resources. Derived from this premise and recognizing the need for an institutional approach, this paper offers alternative policy solutions to temporary labour migration regulation. This research’s original propositions include a Diaspora Regulatory Mechanism and a Migration Development Bank, both operating within a state‐managed temporary labour migration regime. Fiscal action, including multilateral agreements, is crucial. The functionality of these mechanisms will directly impact infrastructure, human capital and entrepreneurial projects development in both home and host economies. Discussion is inspired by the analysis of actual circumstances in the economies of the Commonwealth of Independent States, where migration is a social, economic, and increasingly political issue. In the interlinked world, diasporas become dominant actors across all society strata. The development plateau of the post‐socialist states offers a rich economic and social soil to conduct responsible policy with future outlook. Moreover, conditions of ongoing economic crisis offer a unique opportunity for daring research to propose and for a motivated decisionmaker to implement original, proactive, and beneficial policy solutions aimed at streamlining the (temporary) labour migration process. This paper contributes to the emerging literature on topics of diaspora, labour migration, and remittance flows.     

The need to import skilled personnel: factors favouring and hindering its international mobility

Skilled migration has become a major element of contemporary flows. It has developed in scale and variety since the 1930s and now takes many forms, including “brain drain”, professional transients, skilled permanent migrants and business transfers. Nevertheless, the data are poor, inconsistent and usually not differentiated by sex. The importance of policies, both national and regional, to control the movement of skilled migrants has escalated. Receiving countries have come increasingly to see the benefits from admitting skilled workers and have adjusted their permanent and/or temporary migration laws/policies to facilitate entry, usually on the proviso that it does not disadvantage their own workers by taking away their jobs. Another set of policy frameworks within which skilled migration is occurring is regional blocs. The experience of the European Union (EU) in promoting the flow of skilled labour, movement in this direction in the North American Free Trade Agreement (NAFTA), Mercosul, the Closer Economic Relations (CER) Agreement between Australia and New Zealand and the Asia Pacific Economic Cooperation (APEC) Forum are analysed. The article poses two sets of issues facing sending and receiving countries. For sending countries they are: whether to free up or tighten migration; whether to support temporary skilled flows; whether to introduce protective or preventive measures to stem skilled emigration; how to encourage the return of skilled nationals; and whether/how to pursue compensation from post-industrialized countries. For receiving countries they are: whether to encourage temporary or permanent skilled immigration; the level of entry to permit/promote; how to select/process skilled immigrants; whether/how to protect the jobs of locals; and how they ensure the successful labour market integration of skilled immigrants. The article argues that the neo-classical view that skilled migration leads to overall improvement in global development does not apply. “Brain waste” or “wasted skills” occur frequently, to the detriment of both individuals and nations. Improved data and constructive dialogue on skilled migration are needed. Within both regional and international contexts, countries have obligations and responsibilities towards each other which need to be taken seriously.     

Toward a Critical Phenomenology of "Illegality": State Power, Criminalization, and Abjectivity among Undocumented Migrant Workers in Tel Aviv, Israel

Given the vast scope and magnitude of the phenomenon of so‐called “illegal” migration in the present historical moment, this article contends that phenomenologically engaged ethnography has a crucial role to play in sensitizing not only anthropologists, but also policymakers, politicians, and broader publics to the complicated, often anxiety‐ridden and frightening realities associated with “the condition of migrant illegality,” both of specific host society settings and comparatively across the globe. In theoretical terms, the article constitutes a preliminary attempt to link pressing questions in the fields of legal anthropology and anthropology of transnational migration, on one hand, with recent work by phenomenologically oriented scholars interested in the anthropology of experience, on the other. The article calls upon ethnographers of undocumented transnational migration to bridge these areas of scholarship by applying what can helpfully be characterized as a “critical phenomenological” approach to the study of migrant “illegality” (Willen, 2006; see also Desjarlais, 2003). This critical phenomenological approach involves a three‐dimensional model of illegality: first, as a form of juridical status; second, as a sociopolitical condition; and third, as a mode of being‐in‐the‐world. In developing this model, the article draws upon 26 non‐consecutive months of ethnographic field research conducted within the communities of undocumented West African (Nigerian and Ghanaian) and Filipino migrants in Tel Aviv, Israel, between 2000 and 2004. During the first part of this period, “illegal” migrants in Israel were generally treated as benign, excluded “Others.” Beginning in mid‐2002, however, a resource‐intensive, government‐sponsored campaign of mass arrest and deportation reconfigured the condition of migrant “illegality” in Israel and, in effect, transformed these benign “Others” into wanted criminals. By analyzing this transformation the article highlights the profound significance of examining not only the judicial and sociopolitical dimensions of what it means to be “illegal” but also its impact on migrants' modes of being‐in‐the‐world.     

Locational Choices of the Legal and Illegal: The Case of Mexican Agricultural Workers in the U.S.1

This paper examines relationships between legal and illegal farmworker migration from Mexico and state‐level labor market, agricultural, demographic, and public policy variables. The study uses a nationally representative farmworker survey providing direct legal status data. Consistent with previous literature, results indicate that personal and community networks are primary determinants of locational choices. Conversely, border enforcement is negatively related to migration to certain areas. Results are strongest for California migrants and for those with previous migration experience. Potential welfare and education program values are uncorrelated with locations of recent Mexican agricultural workers.     

Cross-border mobility,inequality and migration intermediaries: Labour migration from Nepal to Malaysia

This article aims to contribute to labour recruitment policy by demonstrating the relations between cross-border mobility and inequality through the lens of migration intermediaries. Drawing on thematic analysis of the MIDEQ project's in-depth interviews with Nepalese labour migrants (n = 20) in Malaysia, this research reveals the range of migration intermediaries along the recruitment chain, and shows contradictory roles played by migration intermediaries: they help migrant workers access employment and other opportunities thus overcoming inequality in mobility, whilst simultaneously reproducing socio-economic inequalities and the unequal power relations experienced by migrants. Hence, we identify a “middle space effect” that links migration processes with migration outcomes, reconstructing socio-economic inequalities in mediated migration. We highlight the role of state policies regarding migration and labour in co-producing such inequalities, and the embeddedness of middle space intermediaries in unequal global power dynamics, and we offer policy suggestions on regulation of labour recruitment and employment.     

Emergent migration policy in a democratic South Africa

This article sets recent debates on migration policy in South Africa against broader historical realities that have shaped patterns of population movement on the subcontinent since the end of the nineteenth century. During the course of the last century, most forms of population movement were the result of disjointed regional economic development which can be traced to two epochal events at the end of the nineteenth century: the creation of the modern African state system and the discovery of mineral wealth in Southern Africa. Although regulation of migrant labour was a fundamental feature of the colonial period, it was only after 1950, when independent states began to define specific migration priorities, that states began to restrict significantly the flow of transnational labour. From this point notions such as internally displaced person, refugee and illegal immigrant become increasingly appropriate to the study of regional migration.
Particular attention is given to current debate on the definition of refugee which forms part of a broader international debate. A number of South African writers have argued that, given the structural imbalances contained in the regional economy, the term "refugee" should be redefined to include economic migrants. This position is not shared by the South African Government, and an analysis of current policy and legislation demonstrates a growing tendency to restrict the influx of undocumented migrants. This is due, in part, to the recent political transition and the institutional compromises that it produced as well as the growth of negative sentiment towards illegal immigrants at both mass and elite levels, as demonstrated by two recent research findings. The article concludes with a summation of recent trends in South African migration policy and an evaluation of the ambiguous position that South Africa occupies within Southern Africa.     

Traces in the shadow: Occupational outcomes of previously undocumented migrants in Italy

Using a representative sample of currently legal third-country immigrants in Italy, obtained from the Social Condition and Integration of Foreign Citizens survey, this article examines the long-term labour market consequences of previous undocumented spells. First, formerly undocumented immigrants are identified using retrospective information on respondents' legal status. Second, immigrants are classified according to the duration of irregular spells before the achievement of the first residence permit. Third, current labour market outcomes are investigated to account for the endogeneity underlying the previous undocumented history. Results show that even though formerly undocumented immigrants are more likely to participate in the labour market, they are more likely to be employed in underqualified occupations than continuously legal immigrants. The duration of the irregular experience affects occupational qualification negatively, among both men and women. The lack of legal entry channels and policies to plan and regulate migration to Italy may reinforce labour market segmentation, exposing migrants to long-term occupational downgrade.     

Health Status of Temporary Migrants in Urban Areas in Vietnam1

The rapid economic growth after economic reform, known in Viet Nam as “Doi Moi”, and the growing scope of urban migration raise specific questions for social policy, including migration and health policies. This paper compares issues of health status and its determinants as they affect temporary urban migrants versus permanent urban migrants and non‐migrants. The analyses utilize multivariate logistic regression and data from the 1997 Vietnam Migration and Health Survey. The results show that temporary migrants staying in guest houses are most vulnerable to health problems. Though most of them are initially healthier, their reported health deteriorates faster than other groups of urban residents. The findings also present important implications for the current migration and health policies in Vietnam: 1) A special attention should be given to temporary migrants in guest houses; 2) Different priorities in health policy should be applied to different groups of migrants and non‐migrants; 3) The current population management policy by registration system needs to be reviewed; 4) Providing clean water is one of the most important ways to improve health of temporary migrants; 5) Targeting educational investments and reducing unemployment would likely to improve overall health; 6) A higher priority on health policies targeting women would likely pay dividends, and; 7) Improving management and collaboration between government offices and interested partners is important to improving health status and reducing inequity.     

Recruitment to Occupations with a Surplus of Workers: The Unexpected Outcomes of Swedish Demand‐Driven Labour Migration Policy

This article studies the outcomes of the 2008 labour‐migration policy change in Sweden, when most state control was abolished and an employer‐led selection was introduced. The main goal was to increase labour migration from third countries to occupational sectors experiencing labour shortages. The article compares the volume, composition and labour‐market status of labour migrants who arrived before the change in the law with those who arrived after. Labour migrants from EU countries are used as a control group to assess any eventual influence from non‐migration policy determinants. The main outcome of the policy change is that non‐EU labour migration increased – an effect entirely due to the rise in labour migration to surplus occupations. Changes in the composition of the labour migrants explains why those who came after the law change have, on average, a worse labour market position.     

NeoLiberalism and the Challenges of Managing Labour Migration in Urban Malaysia

Labour migration into Malaysia has increased rapidly in recent decades and this has affected Malaysia's government policy in managing migrants’ movement. Interestingly, Malaysia has attracted a high degree of unskilled labour, accompanied by unabated rise of undocumented migrant workers. Mitigating undocumented migration is the main aim of Malaysia's labour migration policy and therefore the focus of Malaysian government. This has impacted on how enforcement agencies work out strategies. These agencies are the forefront of Malaysia's labour migration policy but they faced a number of challenges, such as documentation, finance and manpower capability, and political intervention, which impede their ability to optimize their capabilities in enforcing the Malaysian government labour migration policy. Resolving these challenges and moving towards a long‐term labour migration policy will benefit the Malaysian state, its citizens and the labour migrants.     

“Tel Aviv Is Not Foreign to You”: Urban Incorporation Policy on Labor Migrants in Israel1

This article addresses the growing disjuncture between urban and national policies regarding the incorporation of labor migrants in Israel. Drawing on fieldwork, in‐depth interviews with Tel Aviv municipal officials, and archive analysis of Tel Aviv municipality minutes, we argue that urban migrant‐directed policy elicits new understandings of membership and participation, other than those envisaged by national parameters, which bear important, even if unintended, consequences for the de facto incorporation of non‐Jewish labor migrants. The crux of the Tel Aviv case is that its migrant‐directed policy bears especially on undocumented labor migrants, who make up approximately 16 percent of the city's population and who are the most problematic category of resident from the state's point of view. In demanding recognition for the rights of migrant workers in the name of a territorial category of “residence,” and by activating channels of participation for migrant communities, local authorities in Tel Aviv are introducing definitions of “urban membership” for noncitizens which conflict sharply with the hegemonic ethnonational policy. We suggest that the disjuncture between urban and national incorporation policies on labor migrants in Israel is part of a general process of political realignment between the urban and the national taking place within a globalized context of labor migration.     

Rational Migration Policy Should Tolerate Non-zero Illegal Migration Flows: Lessons from Modelling the Market for Illegal Migration

The debate on the immigration policies in OECD countries has turned its attention towards illegal migrants. Given that migration flows are determined by immigration laws, the probability of potential detection, penalties for unauthorized migrants and their employers, and income differences between sending and receiving countries, this paper presents a new approach to the problem of illegal migration, grounded on the economic theory of illegal behaviour. The framework considers the interaction of potential migrants, citizens, employers, and the government. After introducing the supply function of illegal migration and its determinants, the trade-off between social costs and benefits of preventing and combating illegal migration is demonstrated. This trade-off results in an optimal level of migration larger than zero. A complete "market model" of illegal migration is offered by presentation of a demand curve of illegal migration, based on the tolerance of the society towards clandestine foreigners. Equilibrium forces predict a non-zero level of illegal migration. The rule of law of our legal systems, according to which any illegal activity has to be reduced to zero, bears the danger of producing inefficient disequilibria. A reasonable policy of wanted and unwanted migration should address the question of how to allocate scarce resources. Ignoring social optima and equilibrium forces means to abandon public resources that could be used for other public assignments, such as schooling or foreign aid, for instance, i.e., measures that could strike the problem of illegal migration at its root.     

The State,Unauthorized Mexican Migration,and Vulnerability in the Workplace

For the last 20 years, migration scholars have generated a number of important empirical insights about the ways in which the state, through the enactment of immigration policies, creates workplace vulnerabilities such as discrimination, harassment, wage theft, workplace raids, and the threat of deportation. Recent studies of illegality also examine the role of the state but do so in a way that explores what legal status means and how it is experienced in everyday lives of migrants marked as “illegal” by the state. This article reviews recent research that shows that the state operates in a gray zone of enforcement that puts migrants in ambiguous social spaces and heightens their vulnerability at work. However, research also finds that migrants find ways to exert their agency in challenging work environments.     

Human Rights of Migrants: Challenges of the New Decade

This review summarizes main trends, issues, debates, actors and initiatives regarding recognition and extension of protection of the human rights of migrants. Its premise is that the rule of law and universal notions of human rights are essential foundations for democratic society and social peace. Evidence demonstrates that violations of migrants' human rights are so widespread and commonplace that they are a defining feature of international migration today. About 150 million persons live outside their countries; in many States, legal application of human rights norms to non‐citizens is inadequate or seriously deficient, especially regarding irregular migrants. Extensive hostility against, abuse of and violence towards migrants and other non‐nationals has become much more visible worldwide in recent years. Research, documentation and analysis of the character and extent of problems and of effective remedies remain minimal. Resistance to recognition of migrants' rights is bound up in exploitation of migrants in marginal, low status, inadequately regulated or illegal sectors of economic activity. Unauthorized migrants are often treated as a reserve of flexible labour, outside the protection of labour safety, health, minimum wage and other standards, and easily deportable. Evidence on globalization points to worsening migration pressures in many parts of the world. Processes integral to globalization have intensified disruptive effects of modernization and capitalist development, contributing to economic insecurity and displacement for many. Extension of principles in the Universal Declaration of Human Rights culminated in the 1990 International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. With little attention, progress in ratifications was very slow until two years ago. A global campaign revived attention; entry into force is likely in 2001. Comparative analysis notes that ILO migrant worker Conventions have generally achieved objectives but States have resisted adoption of any standards on treatment of non‐nationals. A counter‐offensive against human rights as universal, indivisible and inalienable underlies resistance to extension of human rights protection to migrants. A parallel trend is deliberate association of migration and migrants with criminality. Trafficking has emerged as a global theme contextualizing migration in a framework of combatting organized crime and criminality, subordinating human rights protections to control and anti‐crime measures. Intergovernmental cooperation on migration “management” is expanding rapidly, with functioning regional intergovernmental consultative processes in all regions, generally focused on strengthening inter‐state cooperation in controlling and preventing irregular migration through improved border controls, information sharing, return agreements and other measures. Efforts to defend human rights of migrants and combat xenophobia remain fragmented, limited in impact and starved of resources. Nonetheless, NGOs in all regions provide orientation, services and assistance to migrants, public education and advocating respect for migrants rights and dignity. Several international initiatives now highlight migrant protection concerns, notably the UN Special Rapporteur on Human Rights of Migrants, the Global Campaign promoting the 1990 UN Convention, UN General Assembly proclamation of International Migrants Day, the 2001 World Conference Against Racism and Xenophobia, anti‐discrimination activity by ILO, and training by IOM. Suggestions to governments emphasize the need to define comprehensive, coordinated migration policy and practice based on economic, social and development concerns rather than reactive control measures to ensure beneficial migration, social harmony, and dignified treatment of nationals and non‐nationals. NGOs, businesses, trade unions, and religious groups are urged to advocate respect for international standards, professionalize services and capacities, take leadership in opposing xenophobic behaviour, and join international initiatives. Need for increased attention to migrants rights initiatives and inter‐agency cooperation by international organizations is also noted.     

The political and socioeconomic context of legal and illegal Mexican migration to the United States (1942-1984)

The US manpower shortage in industry and agriculture during World War II, combined with Mexico's burden of an excess number of unemployed laborers, provided the basis for serious labor negotiations between the US and Mexico. The result was the Bracero Agreement of 1942, a bilateral agreement involving annual quotas for the temporary hiring of Mexican braceros. On the surface the program worked well. However, there were points of contention between the 2 countries: 1) in opposition to Mexico's policy of placing recruitment centers in the interior of the country, US policy called for placing the centers near the border, to reduce transportation costs; 2) Texas, which received no braceros because of racial discrimination, relied upon illegal aliens for manual labor; 3) Texas flagrantly violated a 1948 agreement when the Border Patrol welcomed aliens across the river despite Mexican officials' threats to close the border; 4) legal braceros were confronted with competition from illegals who were willing to work for a lower wage; 5) in 1954, the Border patrol physically helped aliens across the border, while Mexican policy were physically restraining them; 6) with the conclusion of a new Bracero agreement in March 1954, illegal aliens were no longer needed, so more than 1 million were apprehended and deported to Mexico's interior. The termination of the Bracero Program in 1964 gave new impetus to illegal trafficking and the number of illegals apprehended began to increase steadily in 1965. The migration flow after 1964 was influenced by the following socioeconomic conditions in Mexico: 1) unemployment, 2) very large disparities in income distribution, 3) a discrimination of the rural sector in favor of the urban in the allocation of government funds, and 4) a dependency on foreign capital and technology. Also, it was cheap labor for the US. Neither the US nor Mexico has adopted policies related to either economic development or immigration that would systematically curtail or regulate the flow of Mexican migrants to the US. However, conflicting pressures limit the policy-making process. President Carter was limited in his policy options by the needs of large-scale commercial agriculture. President Reagan's idea of a guest-worker program did not develop into legislation. Mexico's Lopez Portillo administration counted on migration to the US as a substitute for redistributive land reform in its handling of rural political pressures; the migratory flow functioned as an "escape valve" helping to dilute the effects of rapid demographic increase and preserving the status quo.     

Migration networks and policy impacts: insights from Romanian–Spanish migrations

Migration networks are now generally recognized as a means of adapting to or circumventing states’ migration policies, but little research has been carried out on quite how they work. In this article, we analyse migrant networks between Romanian and Spain over the last 20 years. We contrast two villages to reveal how different reactions to policy changes depend on the level of development of migration networks. Among these policy changes are regularizations of irregular migrants in Spain, the visa‐free entry of Romanians into Schengen countries enacted in 2002, EU enlargements in 2004 and 2007, and a bilateral agreement on labour recruitment between Romania and Spain. We conclude that networks can help migrants circumvent restrictive policies, foster the effective take‐up of permissive policies or even impede them, depending on the development of the migration networks of the communities.     

Homeward bound: the circular migration of entertainers between Japan and the Philippines

One feature of globalization is the growing number of temporary labour migrants, but their experience of settlement does not always fit the dominant perspective of transnational migration. Unlike transnational migrants, circular migrants tend not to be equally entrenched in home and host societies, but instead hold feelings of greater affinity for the home society. They engage in repeated short periods of work abroad, an example being migrant Filipina entertainers in Tokyo, Japan. This article describes the settlement of these circular migrants and demonstrates how it is a process of returning to the home society that entails limited integration in the host society; they are routinely segregated in time and space. Migrant Filipina entertainers start thinking about their departure almost as soon as they arrive, and their departure is marked by a carefully‐planned ceremony, or sayonara party. Questioning the assumption in the literature that circular migrants will eventually become permanent residents, in this article I call for the formulation of new theoretical frameworks that better capture the qualitatively distinct experiences of circular migrants.     

Temporary Labour–Migration System and Long–term Residence Strategies in the United Arab Emirates

The United Arab Emirates’ migration system, the sponsorship–based kafala system, is defined as a temporary labour–migration regime. Although there are policies making permanent residence unattainable for virtually all migrants, it is still relevant to explore the temporality of migrations in the UAE. The purpose of this study is to investigate developments in migration, migration policies and population trends in the country, including trends that concern the duration of migrants’ stay. We also identify some of the major strategies used by migrants to prolong their sojourn in the UAE. It is maintained that the migrant stock has increased continuously in the last decades and that a large number of migrants devise strategies to continue their residence and remain in the country for years. The authors also identify and discuss migrants’ transition within and in-between regularity and irregularity, and analyse the reasons for utilizing different strategies over time.