Constructions of migrant rights in Canada: is subnational citizenship possible?

Devolutionary trends in immigration and social welfare policy have enabled different levels of government to define membership and confer rights to people residing within the political boundary of a province or municipality in ways that may contradict federal legal status. Drawing upon theories of postnational and deterritorialized citizenship, we examined the legal construction of social rights within federal, provincial, and municipal law in Toronto, Ontario. The study of these different policy arenas focuses on rights related to education, access to safety and police protection, and income assistance. Our analysis suggests that the interplay of intra-governmental laws produces an uneven terrain of social rights for people with precarious status. We argue that while provincial and municipal governments may rhetorically seek to advance the social rights of all people living within their territorial boundaries, program and funding guidelines ensure that national practices of market citizenship and the policing of non-citizen subjects are reproduced at local levels.     

‘I can't even buy a bed because I don't know if I'll have to leave tomorrow’: temporal orientations among Mexican precarious status migrants in Toronto

This paper analyzes the links between migrant illegalization and precarious status migrants' temporal orientations. I begin by evaluating research on three research orientations in this area: (1) research that focuses on temporal contingency versus temporal teleology; (2) research about immigration status, illegalization, and time; and (3) research on the link between precarious immigration status and precarious work. I then draw on interviews with 13 Mexican migrants with precarious immigration status to discuss how immigration status affects migrants' ability to make plans, secure decent work, and experience a sense of belonging in the context of reception (Toronto, Canada). I conclude by arguing for a framework of temporal contingency when analyzing precarious status migrants' narratives of temporal orientations.     

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.     

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.     

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.     

Negotiating new conjunctures of citizenship: experiences of ‘illegality’ in Burmese-Rohingya and Bangladeshi migrant enclaves in Karachi

In this article, I examine aspects of recent shifts in Pakistani citizenship norms and the implications for migrant populations. In doing so, I investigate how the coalescing of national security concerns with broader issues of immigration has brought ‘illegal’ migrants like the Burmese-Rohingya and Bangladeshis into the state's documented embrace. My purpose is threefold: to record the modalities of change through the discourse of ‘illegality’ which articulate the exigencies of the ‘war on terror’; to explore the implications of such change on certain Muslim migrant populations resident in Pakistan for several decades; and, through these discussions, to show how citizenship and belonging have played out in a very different way for them. The subject of immigration/migration and illegality in Pakistan, especially in the post-9/11 frame, has remained largely below the threshold of academic attention.     

Post-nationalism re-considered: a case study of the ‘No One Is Illegal’ movement in Canada

Studies of post-nationalism have declined considerably among citizenship scholars in recent decades, and have been largely ignored by social movement scholars in favour of more trans-national approaches. Using a case analysis of a migrant rights movement in Canada as evidence of a ‘post-national ethics in practice’, in this article I argue for a re-consideration of the usefulness of post-nationalism within current scholarship on precarious immigration status. Taking into account both the limitations and opportunities afforded by a post-national ethical framework, I examine how the movement uses a human rights framing in distinct ways to mobilize constituents, garner mainstream media attention, and effect changes to policy at the national and local level. My findings suggest that the use of human rights frames for these movements offers both risks and rewards; however, the benefits may outweigh the risks in cases in which the quality of exposure within mainstream narratives is enough to disrupt, even if momentarily, the pervasiveness of normative nationalism, opening up new spaces for reconfiguring citizenship at the local level.     

Mexican migration policies after IRCA

The evolution since 1964 of Mexican government policy regarding migrant workers in the US is discussed. For a decade after the "bracero" program was terminated by the US, the Mexican government attempted to encourage creation of another legal framework for migration, regarded as inevitable whether legal or clandestine. Around 1974-75, a more distant attitude, termed the "policy of no policy," acquired considerable support in Mexican government and academic circles. The no-policy strategy allowed Mexico to achieve certain objectives regarding migration without prompting US intervention in its internal affairs, as for example by a linkage of US migration policy to specific Mexican government actions. The 1986 passage of the US Immigration Reform and Control Act effectively ended the no-policy strategy that had allowed the Mexican government to count on the continued emigration of Mexican workers without compromising its position of promoting respect for migrant rights. The unilateral change in the status quo by the US led to substitution of the "policy of dialogue," a clear signal of the Mexican government's search for a new migration agreement. The policy of dialogue has entailed greater discussion of the two traditional Mexican objectives regarding migration. Some progress has apparently been made concerning migrant rights, but the second and less explicit objective, that of preventing abrupt changes in US immigration policy and in migratory flows, is harder to judge. The atmosphere of freer public debate in Mexico is politicizing migratory policy.     

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.     

Between hearts and pockets: locating the outcomes of transnational homemaking practices among Mexican women in Canada's temporary migration programmes

Temporary migration programmes (TMPs) contain features such as reduced costs and the social legitimation of regularized entry that allow women, including the very poor, to access transnational livelihoods. For mothers, taking up opportunities for employment abroad inevitably involves ‘transnational homemaking’, the set practices involved in caring for family relationships and maintaining household economies across borders. In this article, we examine the transnational homemaking practices undertaken by rural Mexican migrant women employed in highly masculinized TMPs in Canada, tracing how they construct and maintain household economies across borders through a delicate (re)negotiation of reproductive roles and responsibilities with non-migrating kin in Mexico. We find that migration yields material and subjective benefits that enable the expansion of their citizenship across multiple dimensions ranging from the economic to the sexual. At the same time, as racialized, gendered, migrants from the global South, their labour and status in Canada are highly precarious. The advantages derived from transnational migration are thus tenuous, limited, and contradictory.     

Sex and the genuine marriage: consummation and conjugality in Canadian citizenship

The idea of consummation as definitive of a marriage seems antiquated today. Yet, consummation operates as a central criterion in determinations of a ‘genuine marriage’ in Canadian immigration law. Drawing on the marriage and migration literature, theorizations of sexual citizenship, and critical multiculturalism, we explore recent judicial considerations of consummation in Canadian family sponsorship adjudications. We searched the CanLII database (a Canadian database of legislation and judicial records) for the keywords ‘non-consummation’ and ‘genuine marriage’ and identified 68 cases. Of these cases, three primary themes emerged: the use of consummation as a ‘technology of love’ – a requirement for assessing the authenticity of the spousal relationship and hence the worthiness of sponsorship; the discursive construction of sexual and gendered norms in expectations around marital intimacy, and the articulation of liberal tolerance and the cultural other in the assessments of genuine marriages among primarily racialized Canadians or permanent residents and their foreign spouses. We challenge these discursive narratives and conclude by arguing that instead of consummation as the basis for genuine marriage, the Law Commission of Canada’s ‘close personal relationship’ model is a better way to assess the ‘genuineness’ of relationships for determining Canadian citizenship.     

The dispossession of the Innu and the colonial magic of Canadian Liberalism

This article examines the legal and philosophical grounds which are used by the nation state of Canada to dispossess aboriginal people who have not ceded land through treaties. Using the Innu people of the Labrador‐Quebec peninsula as an example, my thesis is that, far from being a neutral doctrine of rights and citizenship, liberalism functions as a magical, yet ethnocidal, instrument of colonial domination and land usurpation. I demonstrate this by looking at the way in which policies such as Comprehensive Land Claims and Environmental Impact Assessment, ostensibly for the protection of the Innu and other aboriginal peoples, predetermine that land will be legally ceded and ways of life based on it exterminated. The roots of this approach are traced through an examination of the imposition of sovereignty in colonial policy and its continued assertion in Canadian court cases, including the recent Delgamuukw decision. In conclusion, I draw attention to the affinities between the ideas of contemporary liberal theorists of citizenship and the rhetoric and policies of the Canadian state. As a positive proposal, I suggest that outstanding aboriginal land claims in Canada should be treated as the ‘Canada claim’, and that new processes for their resolution which do not presume Canadian sovereignty be established.     

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.     

USA,the West and the Rest after September 11/October 7, 2001+: A Midterm Report

This article argues that if the proponents of immigration reform have it their way, the proposed guest worker program will transform American citizenship from an institution based on civic membership to one based on residence rights and socio-economic status. American citizenship, now a relatively accessible option, will become a closed-off status, unattainable for the majority of temporary workers. With this policy, the United States will create a permanently disadvantaged category of guest workers and further reduce the competitiveness of low-skilled minimum wage American workers. The concept of immigration has begun to change from an inclusive notion granting equal rights to immigrants and citizens to a more ambivalent model emphasizing obligations and responsibilities of newcomers while withholding social, political, and legal rights. Guest worker programs with limited residence will accentuate for immigrants that they must pay taxes and benefit the American economy, obey US laws and otherwise contribute to the host society which, in turn, has no reciprocal obligations toward them. This will exacerbate the already existing two-tiered system of human and social rights, creating a new feudalism in America.     

Better than Nothing: How Policies Influence Political Participation in Low‐Capacity Democracies

A growing body of policy feedback work demonstrates that citizens' experiences with public policy influence the way they participate in politics. Most of this work takes place in advanced industrial democracies, but the nuances of policy design influencing participation in advanced democracies are often irrelevant for those in low‐capacity democracies. This study extends the policy feedback framework to address how policies might “feed back” differently in low‐capacity countries with uneven basic service delivery. In low‐capacity democracies, the most salient distinction is between those who have access to basic state‐provided services and those who do not. Using original data collected in Zambia, it demonstrates that those who have even marginal access to state services have higher levels of political engagement and political participation than those without access, indicating that imperfect extension of services may help boost democratic citizenship in developing countries.     

Citizenship,enclaves and earnings: comparing two cool countries

This paper uses the Canadian 2006 Census and the Swedish 2006 register data to analyse the citizenship effect on the relative earnings of immigrants, using instrumental variable regression to control for citizenship acquisition. We ask: ‘Is there a citizenship effect and if any, in which country is it that we find the largest effect and for which immigrant groups?’ We add one further dimension, asking if the size of the co-immigrant population in the municipality has an effect on earnings. We find that the impact of citizenship acquisition is substantial in both Canada and Sweden. However, the place of birth of immigrants is important. In most cases, immigrant women in Sweden enjoy a higher citizenship premium than is the case for immigrant women in Canada. Amongst men the picture is more mixed. Most European groups receive a larger citizenship premium in Canada as compared to Sweden. Being in a city with more immigrants of the same background is better for earnings in Sweden than in Canada. However, being in a city with a lot of immigrants (regardless of origin) is better in Canada as compared to Sweden.     

Legal/illegal: protesting citizenship in Fortress America

This article examines the issue of legality and illegality, focusing on U.S. citizenship, anti-immigrant rage, and pro-immigrant protests. The central case study is an analysis of what I call digital rage, namely, the rhetorical strategies present in anti-immigrant online activism. I argue that online performance of rage invests in acts of bordering (Nyers 2008) which propel a discourse of white supremacist pure nation and neurotic citizenship (Isin 2004). The final part of this article explores No Human Being is Illegal, a protest art exhibition. Imaginatively refusing forms of citizenship grounded in legal/illegal axis, the exhibition exposes U.S. citizenship itself as illegal, rooted in the colonization of indigenous people and in current neocolonizing practices of exploitation.     

Paradise Paved? Reflections on the Fate of Social Citizenship in Canada

The aim of this paper is to assess the potential of the concept of social citizenship for articulating progressive policy development in Canada. I argue that the revisioning of social citizenship is hampered by a recent notion that it is part of the superseded welfare policy paradigm of the past. Many analysts characterize a shift in the objectives of Canadian social policy as a move away from a 'golden age' policy paradigm, which emphasized the social rights of citizenship, to a neo-liberal paradigm promoting market citizenship. I suggest that there is an overstatement in the current literature of the extent to which social citizenship rights were ever realized, or even pursued, in Canada. There are two tendencies toward over-generalization in the literature that obscure a more complex picture of social policy development in Canada. The first concerns the relationship between social policy and the social rights of citizenship. The blurring of these two concepts underlies some of the overstatement in the literature about the past implementation of social citizenship rights. The second tendency to over-generalization relates to the observation of a paradigm change in social policy orientation. While things may be shifting, there are grounds to believe that this is largely a within-paradigm intensification--from mean and lean, to meaner and leaner. Finally, I suggest that the conceptual foundations of the social rights of citizenship must be re-worked in a way that acknowledges contestation over the terrain and quality of the 'social' and that challenges the distinctness and priority of the 'market'. There is a continuing need to strengthen and promote the social rights of citizenship as a discursive and practical challenge to neo-liberal interpretations of the 'good' society as a 'market' society. This would involve contesting the claim that the market is the arbiter of the quality of life, and claiming the market itself as a social arena.     

Decentring state categories: diaspora within a Palestinian geopolitical assemblage in Nicosia,Cyprus

With over 50% of Palestinians in diaspora, global constructions of what is Palestinian are central to Palestinian geopolitics. This article examines how the meanings and implications of the label “Palestinian” in diaspora are produced as Palestinians negotiate the politics of migration and citizenship while living in Cyprus. Using the concept of a geopolitical assemblage incorporates the role of state immigration control into a critical discussion of diaspora. Cyprus provides a complex context in which the momentary constructions of a Palestinian diaspora in relation to other geopolitical entities affects Palestinians despite their immigration or citizenship status in Cyprus.