Citizenship,Migration and the Reassertion of National Identity

Faced with increasing and diverse migratory pressures in the post Cold War period, European states have created an increasingly complex system of civic stratifications with differential access to civil, economic and social rights depending on mode of entry, residence and employment. Now at the beginning of the twenty-first century, expansion and contraction of rights have occurred within a managerialist approach which, though recognising the need for immigration, applies an economic and political calculus not only to labour migration but also to forms of migration more closely aligned to normative principles and human rights, such as family formation and reunification and asylum. At the same time, states are demanding affirmation of belonging and loyalty, leading to greater emphasis on obligations in the practice of citizenship. The first part of the paper traces the evolution of a managerialist regime and its consequences for the reconfiguration of spaces of citizenship. The second section examines the development of new contracts of settlement and the management of diversity as the state reasserts its national identity and sovereignty.     

Immigrant sexual citizenship: intersectional templates among Mexican gay immigrants to the USA

Existing literature on sexual citizenship has emphasized the sexuality-related claims of de jure citizens of nation-states, generally ignoring immigrants. Conversely, the literature on immigration rarely attends to the salience of sexual issues in understanding the social incorporation of migrants. This article seeks to fill the gap by theorizing and analyzing immigrant sexual citizenship. While some scholars of sexual citizenship have focused on the rights and recognition granted formally by the nation-state and others have stressed more diffuse, cultural perceptions of community and local belonging, we argue that the lived experiences of immigrant sexual citizenship call for multiscalar scrutiny of templates and practices of citizenship that bridge national policies with local connections. Analysis of ethnographic data from a study of 76 Mexican gay and bisexual male immigrants to San Diego, California, reveals the specific citizenship templates that these men encounter as they negotiate their intersecting social statuses as gay/bisexual and as immigrants (legal or undocumented); these include an ‘asylum’ template, a ‘rights’ template, and a ‘local attachments’ template. However, the complications of their intersecting identities constrain their capacity to claim immigrant sexual citizenship. The study underscores the importance of both intersectional and multiscalar approaches in research on citizenship as social practice.     

“We're Just Like the Irish”: Narratives of Assimilation,Belonging and Citizenship Amongst Arab-American Activists

This paper examines narratives of assimilation and belonging as activists attempt to position Arab-Americans as citizens and full members of the American polity. In interviews with activists, the experience of the Irish as immigrants and citizens was often invoked as the paradigmatic example of how immigrants are incorporated as citizens—an example that activists promoted as one that Arabs would follow. By invoking the Irish experience, activists hope to remind Americans that immigration history is not one of effortless assimilation, but is rather characterized by systematic exclusion and marginalization. In so doing, they articulate narratives of assimilation and belonging that draw attention to (1) a shared history of immigration, marginalization, and acceptance, (2) the importance of civil rights movements that may seem to distinguish immigrants from a mythic mainstream whose race and ethnicity go unmarked, and (3) the ways in which the American experience is based on the acceptance of cultural differences predicated on shared political values of community. We argue that these strands of the narrative draw on themes in the national myth of immigration, belonging and citizenship, but that they are braided in ways that challenge many Americans’ views of their history.     

Differential inclusion of non-citizens in a universalistic welfare state

The regulation of legal statuses and differentiation of non-citizens’ rights within the states has become a significant site in the management of migration, yet the actual operations of differential inclusion remain an underexamined issue in the migration research. This article provides an empirically grounded analysis of the differential inclusion of non-citizens and demonstrates the legal hierarchies between non-citizens’ entitlements using Finland as a case study. I argue that in addition to the regulation of residence and the access to labour markets, the unequal access to the welfare system represents a significant sphere of differentiation in the immigration process. Non-citizens’ social entitlements differ depending on the nationality, the type of legal status and the form of employment, affecting their position in the labour markets and in the society. The article highlights the role of immigration law in manipulating the residence status of non-citizens, consequently invalidating the universalism of rights and a residence-based welfare system. Immigration controls, rather than representing a neutral framework of regulation of immigration, function as an institution, which produces conditional subjects and asymmetrical social relations in the sphere of universal citizenship.     

Workers without rights as citizens at the margins

This article presents a normative account of citizenship which requires respect for labour rights, as much as it requires respect for other human rights. The exclusion of certain categories of workers, such as domestic workers, from these rights is wrong. This article presents domestic workers as marginal citizens who are unfairly deprived of certain labour rights in national legal orders. It also shows that international human rights law counteracts the marginal legal status of this group of workers. By being attached to everyone simply by virtue of being human, irrespective of nationality, human rights can complement citizenship rights when both are viewed as normative standards. The example of domestic work as it has been approached in international human rights law in recent years shows that certain rights of workers are universal. Their enjoyment cannot depend on citizenship as legal status or on regular residency. The enjoyment of labour rights as human rights depends, and should only depend, on the status of someone as a human being who is also a worker.     

Citizenship and immigrant anti-rumour strategies: a critical outlook from the Barcelona case

This article analyses the case of the Barcelona Anti-Rumour Network, an initiative promoted by the City Council and social organizations, in order to deal with the uncontrolled proliferation of rumours, prejudices and stereotypes about immigration. Rumours convey false information with the aim of exploiting the fears of citizens often disconcerted in the face of the changes brought about the arrival of a considerable number of foreign immigrants. The article analyses, through policy analysis and in-depth interviews, the role of communication in immigration policies and the concept of citizenship that exists behind this strategy. Such policies can run the risk of focusing too much on the denial of rumours rather than on the affirmation of rights, as this may question the eligibility of the immigrant population to obtain the status of citizenship.     

The Making of Mexican Illegality: Immigration Exclusions Based on Race,Class Status,and Gender

This article examines the history of US citizenship and deportation policies that have always been based on race, class status, and gender, as well as the effects of such policies on the making of Mexican illegality. Mexicans have been constructed as unassimilable and a threat to the US national polity. They are also viewed as working class likely to become a public charge. Mexican women have been imagined as extremely fertile and while their production has been desired, their reproduction has been feared. These social, political, and legal constructions resulted in the creation of Mexican illegality despite time of residence in the United States, ties to US citizens, or birthright citizenship. While scholars have documented immigration laws that have expatriated US citizen women (mainly of European racial backgrounds), policies that allowed for the deportation of “public charge” cases, and the racialization of Mexicans, who were once considered legally white for naturalization processes; the three identity-based exclusions have not been examined together to understand Mexican experiences in the United States. This article utilizes a racial, class, and gendered analysis to understand the making of Mexican illegality that began with the 1790 citizenship statue in which the United States Congress limited US citizenship rights to “free ‘white people’ and women’s citizenship was determined by their fathers or husbands.” The making of Mexican illegality continues with today’s immigration restrictions that perceive Mexicans as a threat to: national security, the white racial makeup of the country, and the stability of the economy.     

Post‐national citizenship,social exclusion and migrants rights: Mexican seasonal workers in Canada

In the past few decades, migrants residing in many European and North American countries have benefited from nation‐states' extension of legal rights to non‐citizens. This development has prompted many scholars to reflect on the shift from a state‐based to a more individual‐based universal conception of rights and to suggest that national citizenship has been replaced by post‐national citizenship. However, in practice migrants are often deprived of some rights. The article suggests that the ability to claim rights denied to some groups of people depends on their knowledge of the legal framework, communications skills, and support from others. Some groups of migrants are deprived of the knowledge, skills, and support required to negotiate their rights effectively because of their social exclusion from local communities of citizens. The article draws attention to the contradiction in two citizenship principles—one linked to legal rights prescribed by international conventions and inscribed through international agreements and national laws and policies, and the other to membership in a community. Commitment to the second set of principles may negate any achievements made with respect to the first. The article uses Mexican migrants working in Canada as an illustration, arguing that even though certain legal rights have been granted to them, until recently they had been unable to claim them because they were denied social membership in local and national communities. Recent initiatives among local residents and union and human rights activists to include Mexican workers in their communities of citizens in Leamington, Ontario, Canada, are likely to enhance the Mexican workers' ability to claim their rights.     

Institutional conditions for the integration of immigrants in welfare states: A comparison of the literature on Germany,France, Great Britain,and the Netherlands

Abstract. In this paper we analyse the literature on a particular aspect of immigrant integration in Western European welfare states: the extent to which this can be explained by conditions set by institutions, social rights and rights of residence. Our focus is on health care, old age insurance, housing and vocational training, and on the circumstances under which migrants have access to benefits from the general systems of social security. In particular, the assignment of a legal position by the rights of residence plays an essential role. The various legal groups have access to social benefits depending on their status of residence. The institutional framework of each welfare states is also relevant to the access that people have to social benefits. In the countries analysed, Germany, France, Great Britain, and the Netherlands, the individual security systems are organised according to different political concepts, each of them allowing immigrants access to their benefits to a different degree. On the whole, the degree and kind of governmental regulations seem to be crucially important for the integration of immigrants into the welfare state.     

Barely legal: racism and migrant farm labour in the context of Canadian multiculturalism

This article investigates how colonial attitudes towards race operate alongside official multiculturalism in Canada to justify the legally exceptional exclusion of migrant farm workers from Canada's socio-political framework. The Canadian Seasonal Agricultural Workers Program is presented in this article as a relic of Canada's racist and colonial past, one that continues uninterrupted in the present age of statist multiculturalism. The legal continuation and growth in the use of non-citizens to conduct labour distasteful to Canadian nationals has provided an effective means for the Canadian state to regulate the ongoing flow of non-preferred races on the margins while promoting a pluralist and ethnically diverse political image at home and abroad. In the face of a labour shortage constructed as a political crisis of considerable urgency, the Canadian state has continued to admit non-immigrants into the country to perform labour deemed unattractive yet necessary for the well-being of Canadian citizens while simultaneously suspending the citizenship and individual rights of those same individual migrant workers. By legislating the restriction of rights and freedoms to a permanently revolving door of temporary non-citizens through the mechanism of a guest worker programme, the Canadian state is participating in the bio-political regulation of foreign nationals.     

Symbolic Citizenship,Nationalism and the Distant State: The United States Congress in the 1996 Debate on Immigration Reform

Using a framework which is based on T. H. Marshall's Citizenship and Social Class , the article analyzes concepts of citizenship as they emerged in the 1996 debates of the United States Congress which resulted in the passage of important welfare and immigration reform laws. The discussions revealed that a majority of congressional politicians supported a citizenship ideal that relied primarily on an individuals' status as taxpayer, worker and member of a nuclear family and remained relatively distant to the nation state. The legislation passed as a result of these debates represents the attempt to use state power to maintain immigrants' distance from the state.     

Migrant Heroes: Nationalism,Citizenship and the Politics of Filipino Migrant Labor

The Philippine state has popularized the idea of Filipino migrants as the country's 'new national heroes', critically transforming notions of Filipino citizenship and citizenship struggles. As 'new national heroes', migrant workers are extended particular kinds of economic and welfare rights while they are abroad even as they are obligated to perform particular kinds of duties to their home state. The author suggests that this transnationalized citizenship, and the obligations attached to it, becomes a mode by which the Philippine state ultimately disciplines Filipino migrant labor as flexible labor. However, as citizenship is extended to Filipinos beyond the borders of the Philippines, the globalization of citizenship rights has enabled migrants to make various kinds of claims on the Philippine state. Indeed, these new transnational political struggles have given rise not only to migrants' demands for rights, but to alternative nationalisms and novel notions of citizenship that challenge the Philippine state's role in the export and commodification of migrant workers.     

Two discourses of citizenship in Germany. The difference between public debate and administrative practice

The recent policy changes concerning immigration and citizenship in Germany are interpreted as outcomes of the conflicting interaction between public deliberations and administrative practices. While these changes were viewed by both the public and the state as responses to an emerging crisis of the stability of German nationhood, the public and the state placed the problems of migration and citizenship in a different context. The public debated these issues in the context of moral obligations resulting from a xenophobic past; the administrative system treated them in the context of the constitutional imperative to further the social integration of the residents of Germany. Further conflicts over these issues seem likely in Germany which has yet to adjust to a situation of continuous future immigration. This will put pressure on the public and the state to find new solutions to the problem of membership in the nation‐state.     

Immigration and Citizenship in Germany: Contemporary Dilemmas

The paper starts from a paradox of contemporary German politics: after the unification of the two Germanies the ethnocultural grounding of German citizenship has lost its historical meaning; at the same time violent conflicts and heated debate over the rights to full membership for immigrants in the German state have developed. After a theoretical discussion of the notions of nation state, citizenship, and immigration, the development of the contemporary paradox of citizenship is sketched historically using two pairs of distinctions: nationhood v. statehood and political v. social (state-mediated) inclusion. The paradox of 'ethnicized' conflicts over Germans v. foreigners is interpreted as a discrepancy between membership in the state on the one hand and membership in the welfare state system on the other—a discrepancy which currently is 'overdetermined' by the socio-economic consequences of unification.     

Caught between two worlds: mainland Chinese return migration,hukou considerations and the citizenship dilemma

Issues about migrant rights and protection are raised in cases of return migration when the country that migrants return to prohibits dual citizenship although the migrant has naturalised elsewhere. This article explores the politics of membership and rights faced by former citizens returning to reside in the society they had left. Returning Mainland Chinese migrants with Canadian citizenship status have to navigate China's dual citizenship restriction and the impacts on their Chinese hukou status that confers residency, employment and social rights. This analysis also keeps in view their relationship with the country in which they have naturalised and left, namely Canada. Migrants shuttling between the two countries face a citizenship dilemma as they have limited rights in China whereas their status as Canadian citizens living abroad simultaneously removes them from some rights provided by the Canadian state. This paper thus introduces new and pressing questions about citizenship in the light of return migration trends.     

The effects of tougher enforcement on the job prospects of recent Latin American immigrants

Attempts to enforce immigration laws in the U.S. interior have proliferated in recent years, yet the effects of these laws on immigrants are largely unknown. This paper examines whether increases in immigration‐related law enforcement since 2001 have adversely affected the labor market outcomes of low‐education male immigrants from Latin America, a group that comprises the bulk of undocumented workers in the U.S. The crackdown on the use of fraudulent Social Security numbers, increased requirements for government‐issued identification, and other changes associated with greater focus on national security likely lowered the demand for undocumented foreign‐born workers in the years following the 9/11 terrorist attacks. Using Current Population Survey data and a difference‐in‐differences estimation technique, we find strong evidence of worse labor market outcomes among recent Latin American immigrants in the post‐9/11 period relative to natives and prior Latin American immigrants. The results indicate a decline in employment, hours worked, and earnings among recent male Latin American immigrants relative to similarly low‐skilled black and Hispanic natives and vis‐à‐vis Latin American immigrants who have been in the U.S. longer. Our findings are consistent with firms increasingly substituting legal workers for undocumented labor in the years following 9/11. © 2009 by the Association for Public Policy Analysis and Management.     

Re-thinking urban citizenship for immigrants from a policy perspective: the case of Barcelona

This article proposes that the role of cities in immigrant integration be reconsidered through the prism of urban citizenship, looking at how local policies co-regulate immigrants’ status, rights and identity. It argues that urban citizenship connects two dominant understandings of citizenship, as city governments are under pressure to reconcile the normative perspective of formal membership of the state with the claims for rights expressed by excluded parts of the urban citizenry. A case study of an inclusive way of regulating citizenship in Barcelona illustrates how a citizenship perspective can cast light on the specific ways in which cities regulate immigrant citizenship in interaction with higher levels of government, and highlights some of the levers cities possess to modify the boundaries between inclusion and exclusion of immigrants locally.     

Citizenship as a gift: how Syrian refugees in Belgium make sense of their social rights

While citizenship scholars have documented the increasing moralisation of immigration and integration policies, relatively few have explored how immigrants themselves make sense of their (partial) membership of European welfare states. Drawing on semi-structured interviews and participant observation with Syrian refugees, this article documents how they interpret and act upon the partial and limited citizenship status they are given in Belgium. We focus on one dimension of their experiences: their stigmatic dependency upon the Belgian welfare state. While their accounts can be partly understood as reproducing neoliberal discourses, we argue that they are also a strategic reaction against the dependency that is inadvertently created by European welfare states. From our respondents’ perspectives, their social rights thus appear not so much as entitlements to be claimed, but as a continuation of the humanitarian logic of the (unreciprocated) gift.     

Citizens of California: How the Golden State Went from Worst to First on Immigrant Rights

California has accomplished a remarkable shift in its historical development on immigrant rights, from pioneering and championing anti-immigrant legislation from the 1850s through the 1990s, to passing robust pro-immigrant rights policies in the last two decades. In this article, we unpack California’s policies and historical shift on immigrant rights, and develop a typology of regressive, restrictive, and progressive variants of state citizenship. We then advance a theory of how California’s progressive state citizenship crystallized in 2014 by cumulating and gaining sufficient strength in particular elements – of rights, benefits, and membership ties – to constitute a durable and meaningful form of state citizenship. Our work builds on, and speaks to, a fast-growing literature on immigration federalism and a robust literature on semi-citizenship and alternative types of citizenship. Situated in federalism, state citizenship operates in parallel to national citizenship, and in some important ways, exceeds the standards of national citizenship. While many states have passed various policies intended to help undocumented immigrants such as state driver licenses, in-state tuition, financial aid, health insurance for children, our concept and theory of state citizenship formation considers how California’s policies took more than a decade to develop and reach a tipping point, transforming in 2014 from integration policies to a more durable crystallized state citizenship.     

Uneven inclusion: consequences of universal healthcare in Thailand

‘Post-national’ scholars have taken the extension of social rights to migrants that are normally accorded to citizens as evidence of the growing importance of norms of ‘universal personhood’ and the declining importance of the nation-state. However, the distinct approach taken by the state toward another understudied category of non-citizen – stateless people – complicates these theories by demonstrating that the state makes decisions about groups on different bases than theory would suggest. These findings suggest the need to pay more attention to how the state treats other categories of ‘semi-citizens’. This article examines the differential effects of universal healthcare reforms in Thailand on citizens, migrants, and stateless people and explores their ramifications on theories of citizenship and social rights. While the state has expanded its healthcare obligations toward people living within its borders, it has taken a variegated approach toward different groups. Citizens have been extended ‘differentiated but unambiguous rights’. Migrants have been granted ‘conditional rights’ to healthcare coverage, dependent on their status as registered workers who pay mandatory contributions. Large numbers of stateless people, however, saw their right to state welfare programs disenfranchised following passage of the new universal healthcare law before later being granted ‘contingent rights’ through a new program.