International Migration and the European Union, Trends and Consequences

Member States of the European Union (EU) have undoubtedly changed into de facto countries of immigration. Since the upswing in migration in the late 1980s, net migration for the 15 EU Member States together has not been below 500,000. This article first focuses on trends in international migration (such as migration from former colonies, recruitment of temporary workers, and East-West migration) and special groups of immigrants (such as ethnic Germans, asylum seekers, and clandestine migrants). The second part of the article pays attention to immigrant settlement and migration policies, especially focusing on the European Union (trafficking and smuggling of humans, and the integration of migrants on the labour market). Detailed comparison of international migration flows is seriously hindered by a complexity of different national registration systems, and different countries display differences with regard to type and history of migration, country of origin, size of migration flows and immigrant populations.     

The Adaptation of Migrants in Russia

This issue of Russian Politics and Law addresses the topic of migration from the point of view of the host country, examining the tensions inherent in accepting large numbers of migrants, and the government policies aimed at immigrant integration at both the national and local levels. The articles in this issue demonstrate that government efforts to push immigrants to integrate into their host communities by learning the Russian language, abandoning traditional customs, and encouraging their children to assimilate have had limited success.     

Entry Bar as Surreptitious Deportation? Zapret na v'ezd in Russian Immigration Law and Practice: A Comparative Perspective

Since 2013, a three‐year entry bar (zapret na v'ezd) has been issued in Russia to migrants with a record of two or more administrative offenses. This article examines the sociolegal characteristics of zapret na v'ezd by situating it in a global, comparative perspective, vis‐à‐vis the legal developments in the areas of deportation and removal in the United States and the United Kingdom. This article argues that the Russian entry bar law experienced a shift, established by other migration‐receiving jurisdictions, from controlling the migration process to controlling the social conduct of migrants, toward an increased reliance on deportability as a form of post‐entry control of the migrant population. At a broader level, I aim to shed more light on the migration governance processes in Russia—the third largest destination of migrants worldwide—by moving away from the intellectually dead‐end explanations that consider Russia as a deviant exception.     

Integration Policy in the Contemporary Megalopolis

The author assesses the effect of migration on St. Petersburg and discusses the evolution of the city government's policy for the adaptation and integration of migrants.     

Flemish immigration in wallonia and in france:

Flemish emigration during the nineteenth and twentieth centuries is too complex to be dealt with definitively in a single article. Our main objective is to provide an overview of the migration towards France and Wallonia by looking at its chronology, and the spatial distribution of emigrants and their descendants. In this effort, patronym distribution is very helpful. As markers of migratory movements, patronyms from a collection of nominative lists give us a handle on migration flows as no other evidence can. Comparing France and Wallonia, the two destination areas, it is possible to see similarities between types of migrants: workers in heavy industry, workers in the agricultural sector, and workers engaged in domestic services. In addition, three phases may be identified in the arrival of a Flemish population in France and Wallonia: an emigration phase, an integration phase, and a redistribution phase. The last phase is also part of the urbanization process and is linked with upward social mobility.     

Flemish immigration in wallonia and in france:: Patronyms as Data

Flemish emigration during the nineteenth and twentieth centuries is too complex to be dealt with definitively in a single article. Our main objective is to provide an overview of the migration towards France and Wallonia by looking at its chronology, and the spatial distribution of emigrants and their descendants. In this effort, patronym distribution is very helpful. As markers of migratory movements, patronyms from a collection of nominative lists give us a handle on migration flows as no other evidence can. Comparing France and Wallonia, the two destination areas, it is possible to see similarities between types of migrants: workers in heavy industry, workers in the agricultural sector, and workers engaged in domestic services. In addition, three phases may be identified in the arrival of a Flemish population in France and Wallonia: an emigration phase, an integration phase, and a redistribution phase. The last phase is also part of the urbanization process and is linked with upward social mobility.     

The effect of occupational licensing deregulation on migrants in the German skilled crafts sector

Occupational licensing on the national level reduces labor market prospects of individuals with a low likelihood of fulfilling the licensing requirements. Such regulation has the potential to adversely affect the labor market integration of foreign-born citizens and can be an obstacle to the free movement of labor toward its most productive uses. Before the backdrop of increased levels of migration into Germany, and the discussion about harmonizing labor standards in Europe, this paper empirically examines the effects of the deregulation of occupational licensing in the German crafts sector on the proportion of migrants working in this sector. The results suggest that the deregulation has increased the proportion of migrants among self-employed as well as employed craftsmen in the fully deregulated trades.     

Luck Egalitarianism and the Rights of Immigrants

This article considers the implications of luck egalitarianism for a range of issues relating to international, South‐North migration. More specifically, the implications of luck egalitarianism for the question of whether receiving societies are justified in extending to immigrants a less comprehensive set of rights than that enjoyed by other members of society are considered. First, are voluntary migrants responsible for their migration in such a way that receiving societies are justified in extending to them a less comprehensive set of rights than if, say, they had been involuntary migrants, or citizens of the destination country? Since luck egalitarianism aims to redistribute only for inequalities for which individuals are not responsible, there is an issue of whether it will hold individuals responsible for their choice of migration in such a way that it may justify asymmetrical sets of rights between voluntary immigrants and other members of society. Second, it may be possible to allow access for a larger number of disadvantaged migrants if they are granted access to a less extensive package of rights when they reach the destination country than if they were granted access to a more extensive such package. If so, may not the less extensive package of rights turn out to have a greater positive impact on global equality? Both these arguments are critically discussed and it is concluded that neither justifies extending to immigrants a less comprehensive set of rights.     

'We want you! But . . .' Recruiting Migrants and Encouraging Transnational Migration Through Progressive Inclusion

The article submits a proposal for outlining the present body of legal norms in the field of European migration and immigration law. To this end, it suggests understanding European migration and integration law as shaped by two principles: the principle of congruence between a state's territory, authority and citizenry and the principle of progressive inclusion. According to the established principle of congruence, the granting of rights to third‐country nationals (TCNs) is always geared to the ideal image that the persons permanently living on a territory are—in reality—part of the citizenry of that state and subject to the state's authority. According to the more recent principle of progressive inclusion, TCNs are to be gradually included into the host country's society by approximating their rights progressively to the rights of citizens. There are potential tensions between the two principles, which can be explained by the diverging philosophical and political concerns that they follow and the conceptions of migration that each uses. The article then goes on to explore the influence of both principles in current European migration and integration law. It brings forward the argument that current European migration and integration law is structured as much by the ‘older’ principle of congruence as by the principle of progressive inclusion. This assumption will be illustrated by the examples of the Long‐term Residents Directive (LTR Directive). Important provisions of the proposal for a framework directive intended to guarantee TCNs' equal treatment with EU citizens in social matters (Draft Framework Directive) and the directive on the highly skilled migrant workers (Blue Card Directive) will also be taken into account. Against the background of the highly contested legal field of migration and integration law, using the language of principles provides a useful tool not only for better grasping the current shape of this legal field, but even more for the legal discourse on the future development of European migration and integration law.     

REFLECTION ON THE LATEST PROGRESS IN CHINESE LEGISLATION ON INTERNATIONAL MIGRATION

On 30 June 2012 China promulgated the Exit-Entry Administration Law of the P.R.C., which is the most systematic and fully developed law on international migration in China up to now. This paper firstly gives an in-depth analysis of the features and contents of the new law. Deficits of the Law as well as possible solutions are expounded in the following section, in comparison with China’s international obligations under relevant international treaties that it has ratified. Finally, this article elaborates on the Law’s potential impacts on international migration. The law gives equal emphasis on strengthening exit-entry control and facilitating the cross-border movement of desired migrants. It demonstrates that super-national treatments that aliens have received in China in many ways are giving way to national treatments. Such a security-oriented law will be an effective instrument for preventing illegal migration. Yet its failure to address refugees and trafficked victim protection might impinge on the rights of refugees and trafficked victims in international migration.     

Retired EU migrants,healthcare rights and European social citizenship

Drawing on a set of 210 qualitative interviews conducted in six European countries, this paper investigates the citizenship status and experiences of retired EU migrants at both national and European levels. The paper focuses upon the experiences of two types of respondents: 'Retired Migrants' (retired nationals of one EU country who moved on retirement and reside in another EU host state) and 'Returnees', that is, those migrants who have chosen to return to their country of origin after a period of residence abroad. In particular, this paper will attempt to explore three issues: (a) The extent to which retired migrants have access to, and make use of, the public healthcare systems of the countries in which they reside. (b) Retired migrants' perceptions and experiences of those systems. (c)Whether or not a lack of access to and/or the quality of public healthcare is an important determinant of return migration decisions, i.e. moves back to the country of origin. By focusing on healthcare the paper combines an analysis of the formal welfare rights available to EU citizens who migrate on retirement (both in terms of their EU rights and their status in the receiving and exporting countries) with qualitative evidence that documents the substantive reality of such rights.     

How women use family networks to facilitate migration: A comparative study of Irish and Polish women in Britain

Within migration studies there has been a tendency to focus on a single case study of a particular national group. Adopting a comparative approach may raise new and interesting questions or challenge conventional thinking on migration. While on the surface, at least, Irish and Polish migrants would appear to have many commonalities, there has been surprisingly little comparative analysis of these two groups. Drawing on my own research on these migrants in the British context, I focus on women as a large but under-researched aspect of both groups. This paper suggests ways in which such a comparison could be undertaken by using social networks as a useful comparative tool. A social networks perspective not only allows a probing analysis of migration strategies, but also provides a framework within which to compare across different migrant groups, such as for example, examining the role of family networks (here and there) in migration processes. In addition, this approach enables an examination of dynamism over time and how migrants develop relationships within spatially dispersed as well as locally embedded ties.     

How women use family networks to facilitate migration: A comparative study of Irish and Polish women in Britain

Within migration studies there has been a tendency to focus on a single case study of a particular national group. Adopting a comparative approach may raise new and interesting questions or challenge conventional thinking on migration. While on the surface, at least, Irish and Polish migrants would appear to have many commonalities, there has been surprisingly little comparative analysis of these two groups. Drawing on my own research on these migrants in the British context, I focus on women as a large but under-researched aspect of both groups. This paper suggests ways in which such a comparison could be undertaken by using social networks as a useful comparative tool. A social networks perspective not only allows a probing analysis of migration strategies, but also provides a framework within which to compare across different migrant groups, such as for example, examining the role of family networks (here and there) in migration processes. In addition, this approach enables an examination of dynamism over time and how migrants develop relationships within spatially dispersed as well as locally embedded ties.     

The ‘unwanteds’ and ‘non-compliants’: ‘unsupported mothers’ as ‘failures’ and agents in Australia’s migrant Holding Centres*

Abstract

Ideas of assimilated citizenship are inherently gendered and during Australia’s post-World War Two migration boom they were deeply and explicitly invested in marriage, children and domesticity. In this period of social conservatism and economic boom, assimilation rhetoric functioned as a reassuring mirror for the host population, promoting the dream of prosperous family life as the ultimate aspiration for refugees and migrants. The role of immigration Holding Centres within this vision was to provide a context in which migrants and refugees could take their first steps towards accomplishing this dream. These Centres of necessary temporary residence were designed as sites of transition towards autonomous, assimilated family life. However, those families headed by single mothers, often referred to in government records as ‘unsupported mothers’, had limited opportunities to live up to such images of assimilation, or even to comply with the economic imperatives of the migration scheme that had brought them to Australia. Based mainly on Department of Immigration records, this article demonstrates that despite recognising the long-term economic and social prospects their children represented, government agencies viewed many unsupported mothers as system failures. They attempted to remedy the situation by turning these women into live-in domestic workers, at times placing pressure on them to institutionalise their children in order to facilitate this, thereby prioritising their compliance with economic imperatives over support for their parenting. Within the limited scope of their agency, unsupported mothers responded by attempting to negotiate the terms of their compliance or simply refusing to comply. For the latter group, Holding Centres became a more permanent home. This permanence is read here as a gendered form of resistance to a system that struggled to foster their economic self-reliance without compromising their capacity to be mothers.     

The “G-local” Dimension of Albanian Organized Crime: Mafias,Strategic Migration and State Repression

This paper elaborates on the relation between globalization, migration, and transnational organized crime. The case selected is on ethnic Albanian organized crime and its migration to Western Europe and the United States. There are a few perspectives on the ability of organized crime to take advantage of globalization in an effort to expand their criminal markets. One view is that criminal groups, similarly to multinational corporations, are taking advantage of globalization and are opening outposts in Western cities. The opposing view is that organized crime groups are highly localized and territorial. This paper tries to answer the following questions: Are Albanian groups operating in the USA and Europe part of the same species originating from Albania and Kosovo? Are these groups coordinated by a central organization in the country of origin that sought opportunity to exploit the process of international integration? The paper concludes that the migration of Albanian organized crime may not be a strategic business choice. Therefore, rather than fitting the stereotype of hypersophisticated international organized crime bureaucracies found in news reports, this study suggests that many Albanian organized crime groups are localized and spontaneously formed. What might appear to be the product of globalizations is, in fact, the consequence of state repression or wars between rival criminal groups. The conclusions are based on a mixed-methods approach, including interviews with experts, Albanian migrants and offenders, and in-depth analysis of court cases.     

Struggles against subjection. Implications of criminalization of migration for migrants’ everyday lives in Europe

The criminalization of migration has, over the last decade, gained unprecedented focus in migration, criminology and socio-legal literature. Recently, there have been some developments critically revisiting the criminalization thesis, particularly with reference to the European experiences: criminal law might exist ‘on the books’ but quite often it is not actually enforced in immigration practice. Therefore, whilst the incorporation of criminal law into the immigration domain serves mainly symbolic functions to demonstrate a government’s firm grip over immigration control, it also legitimizes a discourse presenting migrants as potential criminals, cheats and abusers. This begs the following question: how do migrants respond to this increasing conflation between criminal and immigration domains in the wider social context? How are the official and public discourses over ‘crimmigrant bodies’ reflected in migrants’ everyday life experiences? Do migrants resist, reproduce or redefine this criminal labelling? I grapple with these questions while qualitatively investigating the experiences of 270 return migrants from four European countries (Norway, Netherlands, the UK and Portugal): migrants’ responses to the stigmatizing force of symbolic criminalisation do not always mean resistance, but, quite often, are placed on a continuum between the contestation and the reproduction of the stigma and the hegemony of the law.     

From Triads to snakeheads: organised crime and illegal migration within Britain's Chinese community

This article revisits the continued existence of organised crime within the Chinese community, with particular reference to snakeheads and the trafficking or smuggling of illegal migrants. This article begins by exploring the history of Chinese organised crime within the United Kingdom and situates its continued existence within an ever more diverse ‘Chinese community’. It then draws on research involving three sets of qualitative data: one set is based on 60 interviews with law enforcement personnel based in China and the United Kingdom as well as key stakeholders within the Chinese community; the other set is based on structured questionnaires issued to 25 Chinese residents currently illegally residing in the United Kingdom; the final set is a review of the five free Chinese newspapers analysed over a 2-week period for relevant advertisements relating to migration. It then explores the mechanisms which enable illegal migrants to obtain criminal employment and discusses the motivations of those involved.     

Migrant deaths along the California-Mexico border: an anthropological perspective

California shares a 150-mile international border with Mexico. Traditionally, this border has seen non-stop illegal migration. In the 1990s, the Border Patrol began a concerted effort to establish and maintain control of the border, beginning in urban San Diego. This heightened law enforcement presence, known as Operation Gatekeeper, changed the westernmost segment of the border from the most permeable to the least permeable. This enforcement pushed migrants into more dangerous crossing areas in eastern San Diego and Imperial Counties, making their trip longer and more physically challenging as they made their way through treacherous mountains, deserts, and irrigation canals. Death rates soared. Political decisions impacted human lives and the caseloads of forensic anthropologists in jurisdictions along the border. Bodies decompose rapidly here, and there are minimal sources of antemortem data. Many of these migrants are never identified. This paper, and this symposium, is an attempt to bring this situation to the notice of other anthropologists and to discuss cooperative means of addressing the issue of identification.     

对失地农民弱势群体的法学考察——基于失地农民法律权利弱势性角度的分析

目前,人们对失地农民的关注明显不足。失地农民失去的不仅是土地,而且是附载在土地上的一切权利。对失地农民这一特殊概念的法学内涵进行揭示,避开弱势群体一般意义上的外观弱势性表现,深入其权利弱势结构内部对失地农民予以界定和进行理性思考,是十分必要的。     

High bridewealth,migrant labour and the position of women in Lesotho

An attempt is made to explain the persistence of high bridewealth in Lesotho. It is argued that the structural conditions of its persistence have changed over time, and a macroeconomic perspective is developed in which to comprehend its contemporary significance. Bridewealth (Bohali) transfers in Lesotho at this time, at least in the Lowlands, are derived largely from the cash earnings of migrants and are no longer provided in livestock by a variety of agnatic and matrilateral kin on the side of the husband and distributed among a similar variety of kin on the wife's side. They are drawn from and contribute to a general subsistence fund concentrated largely within the household. To the extent that bohali transfers constitute items of expenditures for migrants and items of income for the heads of women's natal households, they effect a redistribution of income in favor of the senior generation, which thus has a clear interest incontinuing to demand high bohali. In addition migrants have an interest in substantially fulfilling their bohali obligations. Their own longterm security is best assured by establishing access to legitimate dependents within a rural household. Given a high rate of conjugal dissociation, a consequence of oscillating migration, the migrant must balance 2 considerations: the rationality of investment in the next generation, of the sort that bohali transfers represent, is qualified by an initially tenuous attachment to the rural household where his dependents reside; and so long as bohali remains the idiom in which interhousehold competition for the earning capacity of the next generation is rationalized and resolved, such investments continues to be the only way in which he can legitimately assert his own interests against those of his affines. The household viability in Lesotho depends on control over the earning capacity of migrants and over the productive and reproductive capacities of relict women. These are the structural conditions for the persistence of high bridewealth. Bohali is sustained by the realities of housekeeping, not merely by the ideology of keeping house. 3 detailed household profiles presented in an appendix give ethnographic sustenance to propositions concerning high bridewealth, migrant labor, and the position of women.