Theorising noncitizenship: concepts,debates and challenges

Abstract

Existing political theory, particularly which deals with justice and/or rights, has long assumed citizenship as a core concept. Noncitizenship, if it is considered at all, is generally defined merely as the negation or deprivation of citizenship. As such, it is difficult to examine successfully the status of noncitizens, obligations towards them, and the nature of their role in political systems. This article addresses this critical gap by defining the theoretical problem that noncitizenship presents and demonstrating why it is an urgent concern. It surveys the contributions to the special issue for which the article is an introduction, drawing on cross-cutting themes and debates to highlight the importance of theorising noncitizenship due to both the problematic gap that exists in the theoretical literature, and the real world problems created as a result of noncitizenship which are not currently successfully addressed. Finally, the article discusses key future directions for the theorisation of noncitizenship.     

The business of noncitizenship

Abstract

Private actors play an increasing role in mediating the relationship between States and noncitizens and even in creating or perpetuating exclusions associated with noncitizenship. This paper offers a way to analyse the forms of engagement of the for-profit private sector in migration control and asks what it means for how noncitizenship is constructed. It presents the private sector as acting like a buffer, altering whether and how individuals may engage with a State constructing what noncitizenship means within a State’s territory, and removing so-constructed individuals from a relationship with that State. It shows how this may occur directly or indirectly, explicitly or implicitly. The paper addresses two main concerns: the impact on the State-noncitizen relationship and whether there are some areas of the relationship between the State and the noncitizen that should not be so-delegated. It argues that privatised migration control raises problems for standard justifications of migration control and noncitizenship construction.     

Rooted displacement: the paradox of belonging among stateless people

Abstract

Stateless people are noncitizens everywhere. Yet, unlike many noncitizens, they are not border crossers. Despite the majority’s physical rootedness in the countries of their birth, the stateless are nonetheless forcibly displaced. Their peculiar form of noncitizenship displaces them in situ as they lack the right to choose to belong to the specific communities within which they were born and raised. Using The Bahamas and the Dominican Republic as case studies, this article illustrates how the stateless are either forcibly cast into liminality or made to take on the nationality of a country with which they do not identify when the State can no longer tolerate their noncitizen status.     

These fine lines: locating noncitizenship in political protest in Europe

Abstract

Since 2012, refugee protest camps and occupations have been established throughout Europe that contest the exclusion of refugees and asylum seekers, but that also make concrete demands for better living conditions and basic rights. It is a movement that is led by migrants as noncitizens, and so reveals new ways of thinking of the political agency and status of noncitizenship not as simply reactive to an absence of citizenship, but as a powerful and transgressive subjectivity in its own right. This paper argues that we should resist collapsing analysis back into the frameworks of citizenship, and instead be attentive to the politics of presence and solidarity manifest in these protest camps as a way of understanding, and engaging, noncitizen activism.     

Contractualization,depoliticization and the limits of solidarity: noncitizens in contemporary Australia

Abstract

This paper seeks to analyze a particular form of noncitizenship – arising from legal long-term temporary migration – that is increasingly significant to the contemporary Australian context and to understand some of its consequences. It argues that traditional pathways of permanent settlement and full citizenship are being disrupted by new temporary migration schemes that create ‘middling’ noncitizen subjects who experience ‘patchwork’ rights and statuses across complex and diverse migration pathways. Through a close analysis of policy narratives and discourses, as well as of the existing literature on the social conditions and emerging solidarities of these noncitizens, the paper shows the various ways that noncitizenship is depoliticized and citizenship contractualized in Australia. These entwined processes of depoliticization and contractualization have intimate effects on the lives of noncitizens, and also limit and constrain the emerging solidarities that seek to challenge their exclusion. The analysis has a number of implications for the ongoing study of contemporary transformations in citizenship in other ‘immigrant democracies’ globally.     

Unequal access to human rights: the categories of noncitizenship

Abstract

International human rights law consists of a body of basic rights and principles that States are to enforce with respect to every person within their borders. The unfortunate reality, however, is that many States are incapable of ensuring the rights of everyone, and in some instances simply do not wish to do so. Accordingly, citizenship serves as an acknowledgment by a State that the status holder is entitled to a higher degree of protection. Conversely, noncitizens may enjoy less rights than citizens, and certain categories of noncitizens frequently find themselves outside of the State’s protection entirely. This article outlines many of the rights that international law directs should be enjoyed by every human being, the factors that contribute to unequal enjoyment of these rights, and the categories of noncitizen associated with the mediated allocation of basic human rights.