Negotiating Citizenship on the Frontlines: How the Devolution of Canadian Immigration Policy Shapes Service Delivery to Women Fleeing Abuse

This article examines how nongovernmental service providers navigate devolutionary trends in Canada, in both immigration control and integration policy, when responding to migrants who come to them for help and support. Drawing upon conceptualizations of citizenship as a “negotiated relationship” ( Stasiulis and Bakan 2003 ), I explore how social service providers, who work amidst a complex interplay of federal, provincial, and local policies, can influence both who is deemed worthy of social membership and what rights an individual can successfully claim from the state. Empirically, this article focuses on observation of community meetings and conversational interviews with service providers in violence against women shelters in Toronto, Ontario, Canada's most populous and diverse city. While service providers navigate different levels of government to advocate for women's rights to seek safety from abuse, I argue that both individual service providers and the organizations in which they work monitor and constrain the degree to which they openly challenge state authority to restrict immigrants' “right to have rights” ( Arendt 1951 [1979] , 296).     

Intimate partner violence and immigration laws in Canada: How far have we come?

Immigrant women face numerous, and sometimes insurmountable, barriers in reporting and seeking services for intimate partner violence (IPV). A number of these obstacles relate to immigration laws, policies and legal processes they encounter due to their immigration status and sponsorship relationship. The present study was conducted in Canada, in an urban centre that boasts one of the largest immigrant populations in the world. Using a focus group methodology within a participatory action research framework, this investigation sought to identify factors that facilitate or impede women from coming forward and disclosing IPV, and traced their help-seeking actions. Qualitative data from helping professionals and women reveal that in cases of sponsorship breakdown due to IPV, the criteria required for a viable immigration application are unrealistic, and in many cases impossible to meet in situations of domestic abuse. These data indicate that despite claims to the contrary, laws and policies related to immigration have remained stable for over a decade. Systemic and structural barriers that these create for abused women are still clearly present in immigration laws and policies. The result is that many women stay in abusive relationships, often with their children, for prolonged periods of time accruing serious negative mental health effects. Implications are discussed to help inform policy and practice.     

Family in Dutch migration policy 1945–2005

This article looks at how and why the concept of ‘family’ was used in Dutch migration policy in the period between 1945 and 2005. Throughout this period differences were made between migrant women and migrant men. Whereas the migration of men was associated with labour migration, the migration of women was equated with family migration. Migrant women were constructed as wives and mothers (and not as workers). This construction of women was combined with a victimhood discourse in which women were presented as victims of repressive religion (usually Islam), domestic violence, trafficking and prostitution, and discriminatory government policy. The victimhood discourse was successfully used to acquire rights for migrant women (mostly the right to stay), but as a result all migrant women came to be seen as vulnerable and in need of protection. In this article, I show how this combined family and victimhood discourse was used by governments, by (migrant) organizations and, to a lesser extent, in court cases to create differences between migrant men and women. The ‘success’ of the victimhood discourse is not only explained by the fact that it fitted (Western) ideas on femininity. It was also used to give a humanitarian face – albeit beneficial to women only – to an essentially restrictive immigration policy.     

Rita James Simon

Abstract

From her early days in Brooklyn, New York to her overflowing office at American University in Washington, DC, this paper traces the remarkable life of Professor Rita J. Simon. Rita Simon is considered one of the most accomplished, prolific, and respected sociologists today. She has authored twenty-six books, edited fourteen, and written over 230 articles on topics such as the jury system, immigration, public opinion, transracial adoption, and women and crime. Her scholarly contributions to the subject of women and crime have aided in our understanding of female criminal behavior, the types of crimes women commit, and the punishments they receive. Further, as the President of the Women's Freedom Network, she has worked toward celebrating and highlighting the achievements of women, but has steadfastly maintained that women do not need special protections or different standards of excellences philosophy that personifies Rita's life. In this biographical essay, the author outlines the early years, academic career, professional activities and recognitions, and offers a personal look into the life of Rita James Simon. It is based on interviews with her children, as well as the author's experience with Rita as her professor, mentor, co-author, and friend.     

Legal rights and communicable disease: AIDS, the police power, and individual liberty

The policy debate over AIDS has focused on how to balance the rights of individuals who have the disease against the rights of the public. This paper examines the nature of both sets of rights by analyzing the development of public health law and its dominant visions today. The article argues that while once public health rights implied a vast reserve of community authority and obligation to prevent illness, today the rights of the public and those of individuals are seen as being in opposition. Public health jurisprudence now presupposes that illness is primarily a matter of individual concern. In this view, the science of medicine mediates the relationship between the individual and the public. This understanding of rights protects some of the interests of infected individuals, but is inadequate for addressing many of the major problems raised by the AIDS epidemic, particularly the spread of infection among the uninfected.     

Tender Ties: Husbands' Rights and Racial Exclusion in Chinese Marriage Cases, 1882-1924

When Congress ended the immigration of Chinese laborers in 1882, the Chinese population was over 95% male. While there has been much disagreement about why so few women came, the more fruitful question may be to ask how Chinese women were able to immigrate to the United States at all. Central to their immigration were legal arguments for lawful Chinese immigrants-primarily merchants and native-bom citizens-to bring their wives to the United States. Due to racial restrictions barring them from independent entry or marital naturalization, Chinese wives appealed to the uncodified gender privileges of their husbands in turn-of-the-century legal society: the natural right of a man to the company of his wife and children. In the face of a bureaucratic structure designed to sift immigrants by race, judges ruled that racial admission policies must conform to established gender privileges. The power of these arguments was tested in cases involving the deportation of Chinese women admitted as wives. While initially evading registration regulations for immigrants, Chinese women were unsuccessful at evading regulations concerning prostitution. This failure underscored the performative aspects of husbands' rights arguments, especially the image of the dutiful wife and husband and the class-based ideal of the elite merchant or citizen.     

Human Genetics Studies: The Case for Group Rights

In this essay, the author focuses on an underlying theoretical issue which she believes seriously affects our collective response to the idea of group rights in the genetic-control context. That issue is to what extent are our responses to claims of group rights hampered by our bringing to the table (consciously or unconsciously) a model which is structured to acknowledge only individual concerns? Put another way, to what extent are our objections to group rights in this context a product of our inability (or refusal) to imagine the idea of group rights, rather than the product of truly substantive concerns?     

Remanding Women in Custody: Concerns for Human Rights

Concern about the increasing population of women in prison has tended to focus on the sentencing of female offenders. It is often overlooked that about one in five women held in custody is there on remand, awaiting trial or sentence, and that most of them will not receive a prison sentence at the end of the process. This article examines the legal grounds for a custodial remand and explores the extent to which individual rights guaranteed under the European Convention are adequately protected. It is argued that women are particularly disadvantaged by the laws governing bail and by their practical application in the criminal justice system; and that the pre-trial detention of so many women routinely violates the spirit of the Convention by allowing questionable claims to social utility to prevail over the right to liberty and to a fair trial.     

Morgentaler v. The Queen in the Supreme Court of Canada.

In Morgentaler v. R., the Supreme Court of Canada struck down the abortion provisions in the Criminal Code. In a five to two split, a majority of the Supreme Court judges found that section 251 offended a pregnant woman's constitutionally protected right not to be deprived of her "life, liberty, and security of the person." Sheilah Martin reviews the three majority judgments and focuses on the decision written by Madame Justice Wilson. She believes that Madame Justice Wilson's opinion merits special attention in several regards: her conclusions on the constitutional rights of pregnant women; her recognition and validation of women's perspectives on abortion; and her approach to balancing women's interests in reproductive self-determination against the state's interest in regulating reproduction. Sheilah Martin concludes that this decision will reverberate far into the future. Even though it fails to establish clear guidelines concerning governmental power to control access to abortion, its principles outline the legal framework in which future litigation will occur, and it will limit and shape the terms of any ensuing political debate. In addition, Madame Justice Wilson's judgment holds great promise for those looking to the Court to promote the rights of women and other historically disadvantaged groups.     

Feminist criminology in an era of misogyny†

In this address I make the case for continuing to focus criminological research on gender, sexism, and racism within our lives and within our profession. I also provide a brief case study of a topic many would feel falls well outside our field: reproductive rights. Data are reviewed to reveal the impact of gender on the lives of women—notably the devaluation of work done by women, particularly if the work is deemed feminist. Afterward, recent data on the persistence of both sexism and racism in our field are reviewed. Despite gains made by women (notably in the membership of the field), the highest positions in our professional association are held by men, particularly by White men. Data on the importance of reproductive rights to women are then considered, notably the fact that nearly one third of women will need abortion services by the time they reach middle age. Finally, I review recent efforts by conservatives to recriminalize abortion, specifically through the passage of laws making abortion difficult to arrange, or even outlawing the provision of abortion services. These efforts directly involve the criminal justice system in the criminalization of women's bodies.     

Family in Dutch migration policy 1945–2005

This article looks at how and why the concept of ‘family’ was used in Dutch migration policy in the period between 1945 and 2005. Throughout this period differences were made between migrant women and migrant men. Whereas the migration of men was associated with labour migration, the migration of women was equated with family migration. Migrant women were constructed as wives and mothers (and not as workers). This construction of women was combined with a victimhood discourse in which women were presented as victims of repressive religion (usually Islam), domestic violence, trafficking and prostitution, and discriminatory government policy. The victimhood discourse was successfully used to acquire rights for migrant women (mostly the right to stay), but as a result all migrant women came to be seen as vulnerable and in need of protection. In this article, I show how this combined family and victimhood discourse was used by governments, by (migrant) organizations and, to a lesser extent, in court cases to create differences between migrant men and women. The ‘success’ of the victimhood discourse is not only explained by the fact that it fitted (Western) ideas on femininity. It was also used to give a humanitarian face – albeit beneficial to women only – to an essentially restrictive immigration policy.     

A Closer Look at the Paradox: Examining Immigration and Youth Reoffending in Arizona

The bulk of existing research on immigration and crime suggests that, counter to a number of theoretical perspectives and overall public and political opinion, indicators of immigration are either unrelated or negatively related to criminal behavior. Notably absent from this line of research is assessments of the impact of immigration on the social outcomes of ex-offenders and youth. Youthful ex-offenders in particular represent a vulnerable population that could be expected to benefit most from the protective effects of immigration as identified in the literature. Accordingly, in the present study we determine the importance of concentrated immigration (net of individual-level factors) in reoffending for a sample of previously arrested youth in the state of Arizona. In addition, we examine whether the effects of immigration on reoffending behavior are contingent on the individual characteristics (e.g. race, ethnicity, and gender) of youth. The implications for the ongoing theoretical, empirical, and policy debates surrounding immigration and crime are discussed.     

Legal Rights and Moral Rights: Old Questions and New Problems*

Abstract. The author examines the discipline of moral rights and in particular the need to embed them in a consequential system. He argues that the widely held opinion that independence from consequential evaluation is the right way of guaranteeing individual freedom is based on an inadequate appraisal of the role of moral rights in the social context. In this perspective he examines two specific cases: (1) elementary political and civil rights, and (2) the reproductive rights of women in the context of poor countries with the problem of fast population growth. He argues that a coherent goal-rights system which accommodates rights among others goals, can overcome the non-consequential arguments and justify the force of moral rights fully within a consequentiality perspective.     

Citizenship and Unauthorised Migration: a Dialectical Relationship

The relationship between citizenship and immigration law is often conceived as a conceptual dichotomy in which the former functions as the rhetorical domain of inclusion while immigration law does the dirty work of detention, deportation and snooping into peoples’ lives in order to uphold the inclusive values of the internal domain. States however employ a variety of practices of immigration control that infringe citizens’ rights and produce lasting dilatory effects on citizenship itself. Focusing on two specific case studies – racial profiling in identity checks carried out for immigration purposes and the standards of interpretation developed by the European Court of Human Rights in regard to the right to family life in expulsion cases – this article argues that current practices of immigration control result in a transformation of citizenship along racialised lines, which hollows citizenship's normative core of equality and liberty.     

Cooperation Between Russia and the EU in the Sphere of Migration

The author attempts to analyze all aspects of cooperation between Russia and the European Union (EU) within the framework of the migration dialogue. She compares the migration policies of Russia and the EU-28 countries, discussing both common problems—the relationship between migration and development, labor immigration, the fight against illegal immigration—and the specific ways in which each side tackles them. She points out that the migration dialogue has great potential for developing further cooperation, exchanging experience, and strengthening trust between Russia and the EU.     

Mobilizing Migrant Workers’ Rights in “Non‐immigration” Countries: The Politics of Resonance and Migrants’ Rights Activism in Israel and Singapore

How are the rights of migrant workers mobilized in non‐immigration regimes? Drawing on an ethnography of human rights NGOs in Israel and Singapore, two countries that share similar ethnic policies but differ in their political regime, this study contributes to scholarship on migrants’ rights mobilization by expanding cross‐national analysis beyond the United States and West Europe and diverting its focus from legal institutions to the places where rights are produced. Findings show that differences in the political regime influence the channels for mobilizing claims but not the cultural politics of resonance that NGOs use when dealing with the tensions between restrictive ethnic policies and the expansion of labor migration. While restraints in authoritarian Singapore operate mainly outside the activists’ circle, in the Israeli ethno‐democracy they operate through self‐disciplining processes that neutralize their potential challenge to hegemonic understandings of citizenship. Paradoxically, success in advancing rights for migrants through resonance often results in reinforcing the non‐immigration regime.     

European Citizenship and EU Immigration: A Demoi‐cratic Bridge between the Third Country Nationals' Right to Belong and the Member States' Power to Exclude

European citizenship entails, for EU nationals, a right to belong across borders. This article questions the implications of this latter right for the status of third country nationals in the EU. It contributes to address a gap between the literature on European citizenship and the literature on the admission and civic integration of third country nationals. The article begins by tracing a disconnect in the rules and narratives on admission and naturalisation of third country nationals in the EU. This is a disconnect between logics of individual rights protection, which European citizenship infiltrates, and logics of state sovereignty and governmental discretion, which otherwise dominate relevant rules and narratives. The article relies on the political science literature on mutual recognition and demoicracy to reinterpret European citizenship's norm of belonging across borders so as to reconcile the disconnect. Ultimately, the theoretical bridge that the article draws between citizenship narratives and immigration narratives offers a novel perspective on the tension between liberal values and integration discourses in Europe. It also sets out a possible frame to begin rethinking rules of engagement and cooperation in the context of the EU common immigration policy.     

Civic Integration,Migrant Women and the Veil: at the Limits of Rights?

Controversies surrounding the wearing of the veil by Muslim women in Europe have coincided with a resurgence of interest in ‘pathways to citizenship’ and integration testing. This article argues that the historical vestiges of discrimination in immigration and citizenship laws persist today in the scrutiny of the cultural affiliations and practices of aspiring immigrants and citizens. Muslim women have been placed at the center of such scrutiny, increasingly defined by the arbiters of belonging as les anormeaux. This article explores recent legislative developments on the wearing of the veil in France and examines these developments in the light of the expansion of integration testing and human rights law's normative commitments to more just multicultural arrangements.     

Changing the immigration rules and withdrawing the ‘currency’ of legal aid: the impact of LASPO 2012 on migrants and their families

The provisions of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO 2012) will remove almost all immigration cases from the scope of legal aid with effect from 1 April 2013. Part One of this paper describes the expected changes LASPO 2012 will make and then explores their anticipated impact. It explains that large numbers of migrants and their family members are likely to be without legal advice and representation after April 2013, including in cases where the state-enforced removal or deportation from the UK of a parent is contemplated, with the consequence of separating parent from child. Part Two explores the possibility that an ‘exceptional case determination’ might provide a route back into legal aid funding, and finds that this is likely to be restricted, in immigration cases, to those making applications relying on Article 8 ECHR and who can demonstrate a particular and individual requirement for legal aid. Part Three explores the rationale for these changes, and concerns about access to justice for migrants and their family members in cases involving acute interference with rights to family and private life. It places these concerns in context, specifically the fundamental and restrictive amendments to the Immigration Rules relating to family migration introduced from July 2012. These amendments are enormously complex and their full legal implications have yet to be tested in the higher courts. Part Four questions whether the changes will in fact achieve their stated aim of cost savings or whether the costs will simply be transferred to other parts of the State (especially to the Tribunal system, in dealing with litigants in person). The paper additionally questions, in Part Five, whether the regulators are equipped to regulate the quality of the fee-charging immigration advice services to which at least some individuals will turn. The paper concludes that, at the very least, it is particularly harsh that the Government has removed the ‘currency’ of legal aid at this time, so that those with limited financial resources have neither access to legal aid advice about the meaning of those Rules nor legal aid representation to test their proper interpretation.     

A Separate Peace? The Politics of Localized Law in the Post‐Revolutionary Era

Law is often seen as peripheral to Southern life before the Civil War, and the South as an outlier in the American legal history of that era. In The People and Their Peace (2009), Laura Edwards demonstrates the profoundly legal nature of Southern society and takes an important step toward integrating the legal history of the South with that of the nation. Edwards identifies two dueling legal cultures in North and South Carolina between 1787 and 1840—the law of local courts, which she terms localized law, and the state law of professionalized lawyers and reformers. She argues that white women, slaves, and the poor fared better in localized law—which was based on notions of popular sovereignty and the flexible rubric of restoring “the peace”—than in state courts, which were steeped in a national culture of individual rights that led to more restrictive results. This essay questions Edwards's dichotomy between local law and state law and her depiction of the popular content of localized law, while building on Edwards's innovations to suggest a new direction for Southern legal history.