Citizenship and Unauthorised Migration: a Dialectical Relationship |
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| Authors: | Stefan Salomon |
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| Affiliation: | Lecturer, University of Graz. This article is part of a three-year Austrian Sciences Fund research project ‘Transnational Governance of Unauthorised Migration and the Transformation of Citizenship’. The article was written during a three month research visit at the Law, Ethics, Politics department at the Max Planck Institute for the Study of Religious and Ethnic Diversity in autumn 2018. An early version of this article was presented and profited immensely from critical comments at the work-in-progress seminar in October 2018 at the Law, Ethics, Politics department at Max Planck Institute. Particular thanks to Mareike Riedel and Stefan Schlegel for discussions and invaluable suggestions on improving the article. Thanks also to Juan Francisco Sánchez Barrilao for pointing me to additional decisions of the Spanish Constitutional Court, as well as to Dana Schmalz and the two anonymous peer reviewers for critical comments on earlier drafts of this article. Any errors are, of course, my own. |
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| Abstract: | 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. |
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