Book contents
- Frontmatter
- Contents
- Acknowledgments
- Publication acknowledgments
- 1 Introduction
- 2 On being illegal
- 3 Migration in the globalization script
- 4 Making asylum illegal
- 5 Trafficking in hegemony
- 6 The less brave new world
- 7 Citizenship unhinged
- 8 Myths and Giants: The influence of the European Union and the United States
- 9 Sovereignty and the rule of law in global times
- Bibliography
- Index
- The Law in Context Series
- References
7 - Citizenship unhinged
Published online by Cambridge University Press: 05 June 2012
Book contents
- Frontmatter
- Contents
- Acknowledgments
- Publication acknowledgments
- 1 Introduction
- 2 On being illegal
- 3 Migration in the globalization script
- 4 Making asylum illegal
- 5 Trafficking in hegemony
- 6 The less brave new world
- 7 Citizenship unhinged
- 8 Myths and Giants: The influence of the European Union and the United States
- 9 Sovereignty and the rule of law in global times
- Bibliography
- Index
- The Law in Context Series
- References
Summary
Changes in migration laws, whether formalized or discretionary, reverberate throughout citizenship law. Like migration laws, citizenship laws in prosperous Western states are displaying an increasing similarity at present, with more states permitting dual citizenship and more states opting for citizenship rules that come somewhere between the traditional jus sanguinis and jus soli principles. Citizenship, as the most privileged form of membership, seems remote from illegal migration. Nonetheless, both popular and scholarly talk of illegal migration introduces citizenship into the discussion in fairly short order. This happens because citizenship is easy shorthand for legitimacy, and because citizenship law and migration law work together in creating the border of the nation.
This chapter considers what citizenship laws mean for illegal migration. Its central assertion is that citizenship as a formal legal status is enjoying a resurgence of authority at present and this is directly linked to the worldwide crackdown on illegal migration. I begin by considering how migration law and citizenship law work in tandem. Given this relationship, I then outline how the pressures of globalization on migration laws are transferred through the migration law “buffer” to citizenship laws. This leads to the conclusion that citizenship law reflects the paradoxical nature of globalization as we see here that inclusions and exclusions are increasing at the same time. Finally, in considering the role that amnesties play in both the politics and the law of illegal migration, the fiction of formal legal citizenship is unmasked.
Information
- Type
- Chapter
- Information
- Making People IllegalWhat Globalization Means for Migration and Law, pp. 119 - 141Publisher: Cambridge University PressPrint publication year: 2008
References
“The Return of the Citizen: A Survey of Recent Work on Citizenship Theory” (1994), 104 Ethics352CrossRef
, Semblances of Sovereignty: The Constitution, The State, and American Citizenship (Cambridge: Harvard University Press, 2002)Google Scholar
, whose seminal collection of essays, Citizenship and Social Class (Cambridge: Cambridge University Press, 1950)Google Scholar
, Multicultural Citizenship: A Liberal Theory of Minority Rights (Oxford: Oxford University Press, 1995)Google Scholar
, ed., Citizenship and Social Theory (London: Sage Press, 1993)
, The Claims of Culture: Equality and Diversity in a Global Era (Princeton: Princeton University Press, 2002)Google Scholar
, Limits of Citizenship: Migrants and Postnational Membership in Europe (Chicago: University of Chicago Press, 1994)Google Scholar
, Rights Across Borders: Immigration and the Decline of Citizenship (Baltimore: Johns Hopkins University Press, 1996)Google Scholar
, Principles of Public International Law (Oxford and New York: Oxford University Press, 2003)Google Scholar
, “Exile on Main Street: Popular Discourse and Legal Manoeuvres around Citizenship,” in Law Commission of Canada, ed., Law and Citizenship (Vancouver: UBC Press, 2006) 22Google Scholar
“Citizenship, Migration Laws, and Women: Gendering Permanent Residency Statistics” (2000), 24 Melbourne University Law Review280
, “Challenging the National Dream: Gender Persecution and Canadian Immigration Law” in , ed., Nationalism, Racism, and the Rule of Law (Aldershot and Brookfield: Dartmouth Press, 1995)Google Scholar
, White Nation: Fantasies of White Supremacy in a Multicultural Society (Sydney: Pluto Press, 1998)Google Scholar
, Looking White People in the Eye: Gender, Race, and Culture in Courtrooms and Classrooms (Toronto: University of Toronto Press, 1998)Google Scholar
, The White Peril: Foreign Relations and Asian Migration to Australasia and North America 1919–1978 (Sydney, UNSW Press, 1995)Google Scholar
, “Aliens and Citizens: The Case for Open Borders” (1987), 49 The Review of Politics251CrossRefGoogle Scholar
“Open Borders and Liberal Limits” (2000), 34 International Migration Review636
“Refugees and the Limits of Obligation” (1992) 6 Public Affairs Quarterly31)
“Amorality and Humanitarianism in Immigration Law” (1999), 37 Osgoode Hall L.J.597
and , Migrations and Mobilities: Gender, Borders, and Citizenship (New York: NYU Press) 2008
, The Disorder of Women: Democracy, Feminism, and Political Theory (Stanford, Calif.: Stanford University Press, 1989)Google Scholar
, Multicultural Jurisdictions: Cultural Differences and Women's Rights (Cambridge and New York: Cambridge University Press, 2001)CrossRefGoogle Scholar
Facts and Figures: Immigration Overview: Permanent and Temporary Residents 2004 (Ottawa: Minister of Public Works and Government Services Canada, 2005)
“Women Within the Refugee Construct: ‘Exclusionary Inclusion’ in Policy and Practice – the Australian Experience” (2005), 17 International Journal of Refugee Law7CrossRef
, “Refugee Law and State Accountability for Violence Against Women: A Comparative Analysis of Legal Approaches to Recognizing Asylum Claims Based on Gender Persecution” (2002), 25 Harvard Women's Law Journal281Google Scholar
, “A Comparative Analysis of the Canadian, U.S., and Australian Directives on Gender Persecution and Refugee Status” in , ed., Engendering Forced Migration: Theory and Practice (New York and Oxford: Berghan Books, 1999)Google Scholar
, “Refugee Women and the Imperative of Categories” (May 1995), 17.2 Human Rights Quarterly213CrossRefGoogle Scholar
“flexible citizenship” to , Flexible Citizenship: The Cultural Logics of Transnationality, (Durham and London: Duke University Press, 1999)Google Scholar
Buddha is Hiding: Refugees, Citizenship, the New America (Berkeley and Los Angeles: University of California Press, 2003)
, “Citizenship in a Borderless World” in and , eds., Legal Visions of the 21st Century: Essays in Honour of Judge Christopher Weeramantry (The Hague: Kluwer Law International Publishers, 1998)Google Scholar
and , “International Citizenship: The Future of Nationality in a Globalized World” (2000), 7 Indiana Journal of Global Legal Studies519Google Scholar
, “Who Belongs? Theoretical and Legal Questions About Birthright Citizenship in the United States” (1987) 37 U.T. Fac. L. Rev.413Google Scholar
and , “English Bill's Meaning Lost in Translation, Experts Say,” Chicago Tribune (on-line version) (May 20, 2006)Google Scholar
, Imagined Communities: Reflections on the Origin and Spread of Nationalism, rev ed. (London and New York: Verso, 1991)Google Scholar
, Nationalism Reframed: Nationhood and the National Question in the New Europe (Cambridge: Cambridge University Press, 1996)CrossRefGoogle Scholar
, Nations and Nationalism since 1780: Programme, Myth, Reality, 2d ed. (Cambridge: Cambridge University Press, 1992))Google Scholar
, Losing Control?: Sovereignty in an Age of Globalization (New York: Columbia University Press, 1996)Google Scholar
, Operation Gatekeeper: The Rise of the ‘Illegal Alien’ and the Making of the U.S.-Mexico Boundary (New York and London: Routledge, 2002)Google Scholar
, Impossible Subjects: Illegal Aliens and the Making of Modern America (Princeton: Princeton University Press, 2004)Google Scholar
, Citizenship and Nationhood in France and Germany (Cambridge, Mass.: Harvard University Press, 1992)Google Scholar
Accessibility standard: Unknown
Why this information is here
This section outlines the accessibility features of this content - including support for screen readers, full keyboard navigation and high-contrast display options. This may not be relevant for you.Accessibility Information
Accessibility compliance for the PDF of this chapter is currently unknown
and may be updated in the future.