Unauthorized Migrants and the (Il)Logic of “Crime Control”: A Human Rights Perspective on US Federal and Local State Immigration Policies

Immigration control, widely regarded the sovereign right of nation states, has often been pursued at the expense of civil and human rights. More than a century ago, nativists legitimated a punitive approach to immigration control that treated migrants’ rights as secondary by branding millions of newcomers to the United States as a “dangerous class”. In many ways, recent policies similarly criminalize immigrants and deploy crime control strategies in response. This article reviews the most significant of these policies at the federal and local state level, including: border security measures, detention and deportation, the 287(g) program, anti‐immigrant city ordinances, and the Arizona law (SB1070). Each initiative has been framed as necessary to protect American citizens from serious crime. We focus on four ways in which these policies violate human rights: first, border security measures that result in migrant deaths violate the right to life; second, detention and deportation violate the right to liberty; third, detention and deportation punish unlawful residents as though they were guilty of criminal rather than civil violations of the law, imposing penalties that are arbitrary and disproportionately harsh; and fourth, local state policies to counter illegal immigration encourage racial profiling, a practice that violates the right to freedom from discrimination.     

Asymmetric Information under the Kafala Sponsorship System: Impacts on Foreign Domestic Workers’ Income and Employment Status in the GCC Countries

This article examines the legal and policy implications of information asymmetry for foreign domestic workers employed under the Kafala sponsorship system in the Gulf Cooperation Council (GCC) countries. Drawing from ethnographic and field‐based observations in large GCC migrant destinations – including Kuwait, Qatar, and the United Arab Emirates (UAE) – we investigate the information flows and market uncertainties between five key stakeholders: labour‐receiving governments, labour‐sending governments, recruitment agencies (subagents), sponsors (employers), and social networks. Several factors contribute to asymmetric information: the lack of bilateral labour agreements and government policy coordination, programs between and among government entities, the absence of labour law for domestic workers, and the laissez faire approach of the labour‐receiving government. These sources of asymmetric information create serious market vulnerabilities for the domestic worker population, often resulting in loss of employment and early deportation. The concluding section further outlines policy implications and areas of methodological research on GCC migration.     

Lightning Rods in the Local Moral Economy: Debating Unauthorized Migrants' Deservingness in Israel

Localized debates about who unauthorized migrants are and what they do, or do not, deserve unfold in a culturally specific register that is deeply charged with emotion and moral valuation. Structuring such debates are vernacular discursive frames that emerge from, and reflect, a common “local moral economy.” Taking Israel as case study, this article examines six elements of the country's local moral economy – biopolitical logic, historical memory, political emotion, popularized religion, an ideology of “fruitful multiplication,” and hasbara (“public diplomacy”/propaganda) – and explores their impact on public debates about unauthorized and irregular forms of migration. Here, as elsewhere, conventionalized distinctions that frame much migration scholarship – e.g. “economic” vs. “political” migrants, “migrant workers” vs. “refugees,” even the terms “authorized” and “unauthorized” themselves – bear but limited salience. Migration researchers who hope to influence local policy debates must recognize the weight and influence of local moral economies, and the chasms that divide vernacular from conventionalized frames. Achieving this sort of nuanced understanding is, at root, an ethnographic challenge.     

“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.     

Negotiating Partial Citizenship under Neoliberalism: Regularization Struggles among Filipino Domestic Workers in France (2008–2012)

This article examines the social and historical conditions of negotiations for expanding migrant domestic workers partial citizenship under neoliberal policies. It uses a case study of Filipino domestic workers struggling for regularization in the Parisian region, 2008–2012. Under Sarkozy's neoliberal immigration policy called chosen immigration, Hortefeux, the then Minister of Immigration, Integration, National Identity and Cooperative Development, authorized case-by-case “regularization based on work” in his circular of 7 January 2008. Consequently, led by a coalition of trade unions, sans papiers (undocumented) collectives and migrant support groups, large-scale mobilizations occurred demanding rights-based regularization. Although undocumented Filipino domestic workers remained socially invisible during this campaign, a quiet, small-scale but unprecedented mobilization took place among Filipino sans papières. Based on 10 months of fieldwork, this article shows how the neoliberal tendency in the two policy areas of immigration and personal services opened up the opportunity for Filipino migrant women to have access to the institutional resources of the Private Household Workers (PHW) trade union and to break the deadlock of “double irregularity”, that is, the dispossession of both their residential permit and labor contract. This case depended on the activism of a trade unionist of Filipino origin, a trailblazer who filled the structural hole between Filipino ethnic networks and the local domestic workers’ movement. Among the outcomes are the rising consciousness among Filipinos of the usefulness of learning French, as well as a new narrative that incorporates the struggles of Filipino domestic workers in the PHW trade union history.     

“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.     

Sin Coyote Ni Patrón: Why the “Migrant Network” Fails to Explain International Migration

The “migrant network” concept cannot explain large‐scale international migratory flows. This article goes beyond a critique of its a historical and post factum nature. First, I argue that restrictions on its composition and functions also render the migrant network unable to explain why such migratory flows continue or expand even further. Second, a review of five studies illustrates why this concept, the propositions on which it rests, the methods it employs, and the conclusions that it imparts must be reconsidered. Third, the network analysis literature, along with my research data from the Mexico‐U.S. case, suggest an alternative approach. “International migration networks” include those from the labor‐sending hometowns who are emphasized in migrant network studies, as well as a variety of other actors based in the militarized border zone and the labor‐receiving regions. I conclude that accurate studies of migration must include the employers that demand new immigrant workers, as well as the labor smugglers and all other actors that respond to this demand. Immigration studies that fail to do so provide erroneous analyses which camouflage the activities of many network actors, and furnish an academic fig leaf behind which unintended, counterproductive, and even lethal public policies have been implemented.     

Are we doing enough? Stigma,discrimination and human rights violations of people living with schizophrenia in India: Implications for social work practice

ABSTRACT

In India, the human rights of people living with mental illness (PLMI) are poorly articulated and hence less researched. Using in-depth and focus group interviews, this study explores multiple perspectives on stigma, discrimination, and human rights violations of people living with schizophrenia (PLS) within their web of relationships in the city of Mumbai, India. Thematic analysis shows that abusive experiences at home, stigma associated with mental health services and barriers to meaningful employment contribute to human rights violations. Implications for strengthening the role of mental health professionals including social workers to promote, protect and actualize the rights of PLS are stressed.     

The use and abuse of female domestic workers from Sri Lanka in Lebanon

Women who migrate from Sri Lanka to become domestic workers in Lebanon face gender, class, and race discrimination that often results in abuse, yet the predicament of these women is largely ignored by local and international humanitarian and human rights agencies. Public consciousness about the plight of Asian domestic workers in the Persian Gulf region was raised in 1990 when domestic workers were repatriated in the wake of the Gulf War. In Lebanon, nearly half of the work permits granted to foreigners in 1997 were to women from Sri Lanka. This migration began in the 1970s and is sanctioned by the Sri Lanka government because of the economic benefits accruing from wages sent home by these women. Lebanese families procure domestic positions through an employment agency that arranges transportation and entry for the Sri Lankan women. These women, especially minors, often have to bribe Sri Lankan government agents to falsify travel documents. Upon arrival in Lebanon, the women have no support systems or job security. Most employment contracts last 3 years and pay $100/month with no benefits or protection from local labor laws. Domestic workers are made vulnerable by employers who withhold salaries or travel documents. Upon return to Sri Lanka, former domestic workers face social disapproval and marital problems. To redress this situation, the governments of sending and receiving countries must take action to protect female migrant workers, and nongovernmental organizations must publicize the plight of these women and take action to address the abuses they face.     

‘More like a daughter than an employee’: the kinning process between migrant care workers,elderly care receivers and their extended families

ABSTRACT

This paper explores the intersections of formal and informal care in the relationships that develop between elderly care receivers and their families and migrant domestic care workers and their families. The domestic migrant care literature has tended to focus on two main ‘hidden costs’ of this ‘care-chain’: the ‘care exploitation’ of paid carers by their employers and the ‘care drain’ impact on the family members left behind by the migrant. In this paper, we employ a care circulation framework to examine the process of becoming kin-like – or ‘kinning’, which remains relatively under-explored and warrants further research. An analysis of this process of kinning helps to highlight how the domestic space of care receiver homes are transformed – through the negotiation of relationships with migrant care workers – into transnational social fields that bring the diaspora worlds of the migrants into the everyday worlds of the locals.     

Constructing Immigrants: Portrayals of Migrant Groups in British National Newspapers, 2010–2012

Public opposition to immigration in Britain reflects perceptions of immigrants that focus disproportionately on “illegal” immigration and asylum seekers, rather than more numerous workers, students, and family members. This study examines coverage of immigration in the British national press, to see whether press portrayals of migrants provide a basis for these images of immigration underlying public attitudes. We use corpus linguistic methods to analyze 43 million words of news from 2010 to 2012. Among other findings, we show that press portrayals match public perceptions of migrants, with “illegal immigrants” and “failed asylum seekers” as predominant depictions in broadsheet and tabloid newspapers.     

Migrant Assimilation in Europe: A Transnational Family Affair1

The paper advances our empirical and theoretical understanding of migrant assimilation. It does so by focusing on a very particular group of individuals who appear more likely than other migrant types to “go native.” We call these individuals “mixed nationality relationship migrants” (i.e., migrants who have committed to a life outside their home country because of the presence of a foreign partner). The paper argues that the transnational family milieus that emerge from this form of international migration are critical to the assimilation process. Empirical material from 11 in‐depth interviews with female migrants in Britain (Sheffield) and France (Paris) supports our argument. We also suggest that such “extreme” assimilation is more likely within a regional migratory system – like the EU – where the “identity frontiers” crossed in the formation of a transnational family are relatively shallow.     

“Migrant Capital” and Domestic Work: Labour Trajectories of Immigrant Women in Spain

This article analyses the labour trajectory of migrant women in domestic service. The research considers women's working conditions upon arrival, or their “migrant capital” (i.e. their human, social and economic capital) as the defining factors in their labour trajectories. The study, conducted on a sample of migrant women in domestic service, reveals the different value each type of capital has at each stage of a labour trajectory. The social network is the core capital in their first job. Nevertheless, the key factors in labour mobility are human capital and a household's financial needs. The processes of administrative regularization and family reunification prompt far‐reaching changes in these women's labour trajectories. Finally, labour trajectories during the economic crisis have been shaped by financial needs, leading to a decapitalization of the human capital acquired, with even legal status surrendering its value.     

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.     

The UK Migrant Cap,Migrant Mobility and Employer Implications

Advocates of the “borderless world” thesis suggest that migrant workers can benefit from employment opportunities available everywhere, with workers simply migrating towards these opportunities. However, as global inequalities widen and potential global mobilities develop, states are “managing” migration. Individual migrant “agency”, its structuration, and the subsequent experiences of migrants and employers, can restrict such mobility. Consequently, there is a need to describe and problematize the new strategies. This article considers these issues with reference to the emerging impact of the migrant cap on non‐European Economic Area (EEA) migrants to the United Kingdom (UK). It explores the links between immigration and employment rights and the implications for migrant mobility. Policies of “managed migration” frequently do not take into account issues of geography and intra and inter regional competition for migrants by employers operating in sectors with skill shortages, or differential migrant “agency” in the form of their skills and attributes. This may impinge on the effectiveness of such approaches and on economic prosperity at a national, regional and local scale.     

Numbers vs. Rights: Trade‐Offs and Guest Worker Programs1

This paper examines the relationship between the number and rights of low‐skilled migrant workers in high‐income countries. It identifies a trade‐off: Countries with large numbers of low‐skilled migrant workers offer them relatively few rights, while smaller numbers of migrants are typically associated with more rights. We discuss the number‐vs.‐rights trade‐off in theory and practice as an example of competing goods, raising the question of whether numbers of migrants or rights of migrants should get higher priority. There is no easy or universal answer, but avoiding an explicit discussion of the issue – as has been done in recent guest worker debates – can obscure an important policy choice.     

Domestic Workers in Saudi Arabia and the Emirates: Trafficking Victims?

This paper is a response to R. Jureidini's “Trafficking and contract migrant workers in the Middle East”, published in International Migration. Jureidini discusses the difficulty of establishing whether migrant domestic workers are victims of trafficking. He discusses the questions of (i) whether trafficking can be determined ex post or whether it must also be ex ante, and (ii) whether there must be a proven intent to engage in trafficking. On the basis of data concerning domestic workers in Saudi Arabia and the Emirates, I argue that they often are victims of trafficking. In these two countries, forced confinement and exploitation do not concern individual cases, but standard labour conditions. Agents in the countries of origin regularly misinform or even deceive domestic workers, while agents in the countries of destination actively stimulate confinement and exploitation. Furthermore, the lack of prosecution of traffickers is not caused by legal obscurities, but by societal issues. The paper concludes with some policy suggestions to better address the issue of trafficking.     

Identity Management among Indonesian and Filipina Migrant Domestic Workers in Singapore

This study examines how the identities of migrant domestic workers are likely to be endangered and how these individuals struggle to reconstitute them. It is largely based on an interview and observational study with Indonesian and Filipina domestic workers in Singapore. Inspired by the sociological discussion of Goffman and Ishikawa, the study reveals how each migrant domestic worker manages her identity in her specific social context. This study shows that domestic workers contrive tactics to negotiate their situations, given that domestic work is considered a low prestige occupation and workers tend to be divested of the usual “identity kit” to make up their identity front. Specifically, to compensate for their discredited status, domestic workers attempt to reconstitute their damaged identity, obtain a new identity kit, recall previous social and family roles, or anticipate a future identity. They also attempt to acquire new skills and increase their value, so they can identify themselves as more than “just a maid.” They obtain additional roles in an attempt to change how they feel about themselves, to alter the meaning of being a domestic worker, and to redefine their relationships with others either by individual struggles or through collective activities. This study also points out a possible pitfall of identity management among the actors. The mechanism of identity politics might lead to an erosion of value, alienation from other domestic workers, and a strengthening of conventional stereotypes and generalizations regarding ethnicity, nationality, and gender. In this context, how non‐governmental organizations play a role in mitigating the pitfalls of identity management among domestic workers is also examined.     

Examining the Global North Migration Policies: A “Push Out – Push Back” Approach to Forced Migration

In this paper we focus on adapting the concept of push – pull factors to forced migration by proposing a “push out – push back” approach that underlines two most crucial elements of forced migrants’ experience. On the one hand, it stresses the reasons for leaving countries of origin or of temporary refuge that are not dependant on the will of people who flew those places, thus the “push out” factors. On the other hand, it represents the refusal of the countries of the Global North to accept forced migrants and their use of various practices, amounting to “push back” factors, to prevent them from entering or leaving their territory if they manage to reach it. These factors can be divided into three groups: passive, active, and symbolic.