Anti-Sex Trafficking Institutions

Many anti-sex trafficking analyses use the term institution in a narrow meaning, comprising mainly formal-legal political structures (public laws and governmental organizations). However, by bringing in the new institutionalism approach, it is argued that an anti-sex trafficking institution should refer to a relatively enduring collection of rules – including also informal rules such as norms and routines – and organized practices that prescribe appropriate behaviour for any actor, public or private, combating sex trafficking. Based on a review of current research it is concluded that anti-sex trafficking institutions in the early 21st century tend to focus on behaviour that aims at detection, prevention, protection, crisis management, consequence management, and response. Finally, reflecting different strands of the new institutionalism approach, it is argued that the design of anti-sex trafficking institutions depends on path-dependencies, social constructions, international institutions, and domestic politics.     

The guests who stayed--the debate on 'foreigners policy' in the German Federal Republic

The recruitment of "guest workers" between 1956 and 1973 by West German employers has given rise to new ethnic minorities. The Federal Republic of Germany (GFR) claims that it is not a country of immigration--a controversy that reflects the basic dilemma over policies towards foreign residents, who now comprise about 7% of the total population. The shift from temporary labor migration to long-term settlement has been accompanied by structural changes in the foreign resident population. The logic of the migratory process is inescapable: virtually all migrations, whether organized or spontaneous, start with movements of young adult workers. When recruitment stated in the late 1950s state migration policies were concerned only with short-term fulfillment of capital's labor requirements. The state established a system of institutionalized discrimination, through which temporary guest workers could be recruited, controlled, and sent away, as the interests of capital dictated. This policy was impracticable because many firms found that rotation led to problems of labor fluctuation and high training costs. The trend toward restrictive policies on migration continued in the early 1980s; rising unemployment and urban problems led to widespread hostility towards foreigners. 3 key issues need resolving quickly: 1) the granting of security of residence status, so that migrant families have a clear basis for planning their own future, 2) the extending of political rights to foreign residents, and 3) the issue of citizenship. Like other West European countries, the GFR has become a multiethnic society through the postwar labor migrations. The early reform of legal structures to give migrants more rights is a precondition for social peace, and for achieving the benefits which multiculturalism can offer to all members of society.     

Gender,Migration, and Law: Crossing Borders and Bridging Disciplines

The gendered nature of the immigration experience is shaped and reinforced by law, legal consciousness, and the normative understandings they help constitute. This article provides an overview of the role of gender in migration processes from a law and society perspective, and includes an empirical focus on the new immigration to Italy and Spain as an illustration of the utility of such an approach. Beginning with a brief summary of the literatures of feminist jurisprudence and law and migration, respectively, the small body of scholarship at the intersection of these fields is reviewed. The author then examines the new immigration to Italy and Spain and argues that this immigration and the policies that shape it highlight the role of the state in gendering immigrant labor and offer new angles from which to consider the interplay of gender, race, migration status, and marginality. In concluding, the author proposes that such exploration of immigrants’ experiences in southern Europe reveals the surprising complexity of immigrants’ multiple marginalities, and exposes the powerful contingencies of economic context, prevailing stereotypes, the particulars of state policy, and the agentive power of people struggling to survive.     

The return of international labour migrants in the ESCAP Region

The social phenomenon of massive temporary international labor migration from the ESCAP region has emerged extremely rapidly. Within 10 years, the number of persons from ESCAP countries grew from a negligible one to 3.5 million. Related research and government policies have lagged behind this latest surge in migration. Most research conducted has been small-scale and lacks an analytical or theoretical framework. Policy formulation for temporary labor migration is difficult because most of the rapid growth in the industry has occurred as a result of private efforts, with a minimum of government intervention. It is now difficult, for the government to provide effective regulations or measures to stimulate and assist the process. Regulations on compulsory remittances or overseas minimum wages have proved to be unrealistic and, if not rescinded, are routinely circumvented. The most effective policies to assist return migrants may not be those which are intended to do so, but those which control the earlier stages of the migration process, such as recruitment, working conditions, and banking arrangements. The most valuable policies may also include those affecting education, training, employment, and general socioeconomic growth. Governments are recommended to provide social services for migrants and their families who are experiencing problems, and to institute community programs in areas with a large number of labor migrants. Governmental efforts to promote forms of labor migration beneficial to the workers would be valuable and should include measures to identify overseas labor markets for employing its nationals, government ot government labor contracts, and government participation in joint-venture projects. International migration should be analyzed in the context of theories and social change in order for governments to formulate effective measures for the reintegration of returning workers. Labor migration on the current scale has many social implications for the sending countries; relationships between employers and employees, the government and private sectors, and white and blue collar workers are affected. Social change and technological innovation will become more rapid, women's status and family roles will change markedly, and behavior is likely to become less conformist and more individualistic.     

From Limited to Active Engagement: Mexico’s Emigration Policies from a Foreign Policy Perspective (2000–2006)

Mexico’s emigration policies – including the state’s engagement with the diaspora, the discourse in relation to emigrants, the responses to U.S. migration policies and legislation, and the priority given to the issue in the national and bilateral agendas – have undergone a process of transformation since the late 1980s and particularly after 2000. From a history of generally limited engagement in terms of responding to U.S. policies and a traditional interpretation of consular protection activities, Mexico has gradually developed more active policies in relation to the diaspora and began a process of redefining its position on emigration. In addition to the processes of political change in Mexico and the growing impact of migrants’ transnational activities, changes in Mexico’s emigration policies are also a result of transformations in foreign policy principles and strategies, mainly as a result of the evolution of U.S.‐Mexico relations since the late 1980s and particularly since NAFTA. These findings demonstrate the significance of international factors – namely host state – sending state relations and foreign policy interests, discourse, and traditions – in the design and implementation of migration policies and the need to develop multi‐level analyses to explain states’ objectives, interests, and capacities in the management of migration.     

On deaf ears: anti-black police terror,multiracial protest and white loyalty to the state

In this essay, we explore the racialised dimensions of policing practices in Brazil. To do so, we look not at the police, their administrative organisation, and practices, but rather we examine the modes of sociality reflected in and produced by police violence. Drawing from a statistics-based analysis of the social and political outcomes produced by the state in its preparation of mega-sports events – evictions, incarceration, and police violence, for example – we identify a nexus between, on the one hand, racialised violence against black bodies and, on the other hand, white loyalty to the state, despite, or precisely because of, a specific type of violence perpetrated by the state on white bodies. Our primary contention is that we cannot understand white victimisation by the police – and the outrage it produces – without taking into consideration two foundational, dialectical aspects of the regime of rights: complicity and disavowal. White vulnerability to this specific form of state violence – a form of violence that is contingent and produces collective horror – reflects not only the disavowal of black suffering, but also the strengthening of the white public sphere.     

Interests Aren’t Everything: An Exploration of Economic Explanations of Immigration Policy in a New Destination

Current debates around US immigration policy are playing out against a backdrop that has changed significantly in the past 20 years: immigrants have increasingly gravitated towards “new destinations”; a large and growing portion of immigrants are undocumented; and the federal vacuum in responding to the promise and problems of these new immigration trends has devolved policy to the states. As a result, we have seen innovation on the state level as policymakers seek to accommodate, welcome or resist immigration, with varying degrees of success. In this paper, we explore the case of Utah as a new immigration destination, seeking to understand its transformation from a state with very inclusive immigrant policies as late as 1999 to one currently adopting highly restrictive immigrant policies. To explain this trajectory, we test three prominent materialist theories of public policy: instrumentalism, structuralism and strategic-relational approaches. We draw on a decade’s worth of primary data – including data on state-level legislation, key economic indicators, public statements concerning immigration from the private business sector and the LDS Church, and the editorial content of the state’s two major newspapers regarding immigration – to examine the policy explanations that grow out of interest-based theories of the state. Whereas these theories provide robust explanations for a large and diverse array of public policies, we find that they fall short in explaining immigration policy. While conventional wisdom – and extensive scholarly research – suggests that economic interests drive policy, we find that the policies around immigrants challenge this economic reductionism, suggesting the need for more complex and ideational accounts of this important phenomenon.     

“Whom should We Help First?” Transnational Helping Practices in Ecuadorian Migration

Collective remittances, in the framework of migrant transnationalism, have been recently dealt with in some empirical research, especially on the Mexican‐US migration system. Far less studied is their significance in different migration flows, including their real contribution – as desirable as this may be – to local development. The article is concerned with a bottom up analysis of a migration flow where collective remittances – as the only way for emigrants to keep helping their local communities, well beyond their own families – are still in their infancy. It explores, through a translocal ethnography of Ecuadorian migration to Italy, the underlying attitudes, personal meanings and expectations – as well as the structural opportunities and constraints – accounting for helping practices at a distance. Charitable transfers to communities of origin are reconstructed as to their motivations, their main aims and beneficiaries, their embeddedness in mutual networks among immigrant co‐nationals. How is it that some of them decide to help “people in need” in their own communities overseas, or in their home towns, or in both? Is this an expression of communal belonging, or a matter of social status maintenance, or something else? Further reflections on the dilemmas inherent in transnational helping practices are then developed. Concluding remarks emphasize the relatively poor scope for such initiatives, in a recent and first‐generation flow over a long distance. While co‐ethnic solidarity overseas is a precondition for transnational helping practices, the latter are also affected by the developments of public policies in the countries of origin and of destination. Overall, an effective integration overseas is necessary for collective remittances to have some currency and impact.     

STATEHOOD EXPERIENCE,LEGAL TRADITIONS,AND CLIMATE CHANGE POLICIES

This study investigates how the implementation of modern climate change policies is related to former colonies' length of state history and their legal heritage. We argue that countries with longer statehood experience around the time of colonization were better equipped to implement the legal philosophies transplanted by their colonial powers. Therefore, the implications of receiving British common law versus French civil law should be particularly important in countries with a greater accumulated history of statehood. Using a cross‐section of up to 78 former colonies, our results provide support for this hypothesis. In particular, our estimates demonstrate that common law countries have weaker modern climate change policies than civil law countries and the difference is inflated by a longer statehood experience, measured by the length of state history from 1 to 1800 AD. Legal origin has no effect in areas which, by the time of colonization, had no statehood experience. Finally, we report similar results for the pattern of labor market regulations. (JEL K15, K31, K32, O44, Q54, Q58)     

Between Control and Assistance: The Problem of European Accommodation Centres for Asylum Seekers

Accommodation centres are much more than means of securing asylum seekers’ housing needs. They are an embodiment of asylum and immigration policies. To understand these policies and their effects on asylum seekers, we need to ask what interests different institutional actors have in keeping asylum seekers in the centres. Based on the study of accommodation centres in the Czech Republic, in this paper I argue that the centres serve as tools of migration control. The prolonged confinement of a highly diverse group of people produced by the interconnectedness between asylum and immigration policies leads to asylum seekers’ disillusionment about the asylum procedure and nourishes various illicit activities. The centres enable state institutions to determine the nature of assistance available to asylum seekers, including legal aid provided by non-governmental organizations. By actively promoting the image of accommodation centres as benign places, the state also controls the dominant representation of refugee reception. In everyday practices in the centres, control and assistance are closely intertwined and produce an oppressive environment that engenders asylum seekers’ dependency.     

Migrant labor in agriculture: an international comparison

The May 1984 Conference on Migrant Labor in Agriculture at the University of California-Davis discussed papers by 22 farm labor experts from 12 nations. Each industrial nation utilizes a different set of public and private policies to supply workers for labor-intensive agriculture, but none is entirely satisfactory. Labor-intensive agriculture is becoming more dependent on workers who are shut out of labor markets. Some countries have simply accepted foreign workers in agriculture, while others have adopted policies to integrate farm and nonfarm labor markets. Polices to reduce agriculture's reliance on workers-without-options include restructuring employment practices to employ fewer seasonal workers for longer periods, mechanizing production, and importing fruits and vegetables from nearby developing countries. This article explains the salient features of labor-intensive agriculture, the various polices for obtaining seasonal farmworkers, and options to reduce farming's dependence on migrant labor.     

Devolution of employment and training policy: the case of older workers

The case for the devolution of employment and training programs has traditionally been based on the supply side argument that state and local governments are in the best position to assess the training needs of their disadvantaged workers. We provide a different perspective by focusing on the demand side of the labor market and the link between aiding older workers and fostering economic growth. We illustrate the importance of this focus by examining the labor market in Massachusetts, where the full employment economy of the late 1990s resulted in serious labor supply bottlenecks. Older workers, whose ranks are growing rapidly, provide the largest known labor reserve for meeting these labor supply deficits in the next decade. Tapping this reserve, however, means improving skills, deferring retirement, bringing older persons back into the labor market, and increasing full-time employment. Massachusetts already has the policy tools needed to train older workers to fill emerging job needs, but these policies will need to be substantially upgraded and reoriented. Too little funding, an emphasis on short-term programs, lack of coordination among programs, weak linkages to the private sector, and the limited flexibility of human resources practices in both the private and public sectors have left both government programs and employers ill-prepared to utilize fully the older worker labor reserve.     

Economic Incorporation,Civil Inclusion,and Social Ties: Plans to Return Home Among Central Asian Migrant Women in Moscow,Russia

This study uses data from a survey of female labor migrants from three Central Asian countries – Kyrgyzstan, Tajikistan, and Uzbekistan – in Moscow, Russia, to examine factors that influence these women's plans to return to their home countries. The conceptual framework considers three types of factors of migrants' attachment to the host society – economic incorporation, civil inclusion, and social connectedness – while also accounting for migrants' ties to their homelands. The results of multivariate analyses point to the importance of sector and type of employment, income, legal status, experience of ethnically motivated harassment, and social ties to adults relatives and friends in the host society in shaping return plans. In contrast, connections in the home country do not appear to influence the likelihood of having plans to return. These findings are contextualized within the political, socioeconomic, and ethnocultural reality of the post‐Soviet world and related to the cross‐national scholarship on return migration.     

Dancing Across Borders: ‘Exotic Dancers,’ Trafficking,and Canadian Immigration Policy

This article analyzes a Canadian immigration program that authorizes issuance of temporary work visas to ‘exotic dancers.’ In response to public criticism that the government was thereby implicated in the transnational trafficking of women into sexual exploitation, Citizenship and Immigration Canada retained the visa program de jure but eliminated it de facto. Using a legal and discursive analysis that focuses on the production of female labor migrants variously as workers, as criminals and as bearers of human rights, the article argues that the incoherence of Canadian policy can only be rendered intelligible when refracted through these different lenses. The article concludes by considering policy options available to the state in addressing the issue.     

Labor emigration and economic development

"This article is concerned with the extent to which labor migration is advantageous to the labor exporting country. It focuses on development consequences of labor emigration with a view toward the formulation of policies which can shape those consequences into a positive force for development, discussing a wide variety of potential costs and benefits generated by labor emigration. The issue of private versus public choice relative to emigration is examined, as [are] the major economic benefits and costs of labor emigration and the influence of development objectives on the valuation of these costs and benefits. Policies by which emigration countries may increase the benefits from labor emigration and reduce the costs are outlined."     

Inside the Sending State: The Politics of Mexican Emigration Control1

The social science of international migration has generally ignored labor emigration control policies. In the critical case of Mexico, however, the central government consistently tried to control the volume, duration, skills, and geographic origin of emigrants from 1900 to the early 1970s. A neopluralist approach to policy development and implementation shows that the failure of emigration control and the current abandonment of serious emigration restrictions are explained by a combination of external constraints, imposed by a highly asymmetrical interdependence with the United States, and internal constraints, imposed by actors within the balkanized Mexican state who recurrently undermined federal emigration policy through contradictory local practices.     

Arab Migration to Europe: Trends and Policies1

Growing Arab migration to Europe is a likely scenario for the coming years, poorly prepared for by current policies. The paper examines three reasons for this scenario: new patterns of family‐building in Arab countries; aging in Europe; and the emergence of a new demand for migrant labor. While the ongoing establishment of free trade may increase migratory pressures, government policies remain potentially conflicting – on the Arab side, optimizing the economic benefits drawn from emigrants and reviving their sense of belonging to their culture of origin; on the European side, restricting further immigration and integrating former migrants in the host society and culture.     

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.     

Best Practices to Reduce Migration Pressures

Are there best practices to foster economic development, reduce population growth, and protect the environment in source countries of unauthorized migration, in a manner that reduces emigration pressures and redirects migration towards legal channels? This paper outlines cooperative actions that can be undertaken by both source and receiving countries to better manage the movements of people over national borders. There are two broad approaches to foster wanted migration and to reduce unwanted migration. First, maximize migration’s payoffs by ensuring that the 3 Rs of recruitment, remittances, and returns foster economic and job growth in emigration areas. Second, make emigration unnecessary by adapting trade, investment and aid policies, and programmes that accelerate economic development and thus make it unnecessary for people to emigrate for jobs and wages. Most of the changes needed for stay–at–home development must occur in emigration areas, but immigration areas can cooperate in the management of immigration, guest workers, and students, as well as in promoting freer trade and investment, and in targeting aid funds. In a globalizing world, selective immigration policies may have important development impacts, as with immigration country policies toward students, and workers in particular occupations, such as nurses and computer programmers, as well as with mutual recognition of occupational licenses and professional credentials. Trade policies affecting migration are also important, such as trade in services and laws regulating contracts between firms in different countries that allow the entry of lower wage workers as part of the contract. opening channels for legal migration can deter irregular migration.