Migration Policy and Practice

by Harald Bauder, Christian Matheis (eds.)

Migration Policy and Practice Building on contemporary efforts to theorize conflicts related to borders migration and belonging this book transforms existing analyses in order to propose critical interventions The chapters are written from multiple disciplinary perspectives and present rigorous empirical and theoretical analyses to advocate progressive transformation

Publisher : Palgrave Macmillan US

Author : Harald Bauder, Christian Matheis (eds.)

ISBN : 9781349566778

Year : 2014

Language: en

File Size : 1.96 MB

Category : Used Textbooks

Migration, Diasporas and Citizenship
Series Editors: Robin Cohen, Former Director of the International Migration
Institute and Professor of Development Studies, University of Oxford, UK and
Zig Layton-Henry, Professor of Politics, University of Warwick, UK
Editorial Board: Rainer Baubock, European University Institute, Italy; James
F. Hollifield, Southern Methodist University, USA; Jan Rath, University of
Amsterdam, The Netherlands
The Migration, Diasporas and Citizenship series covers three important aspects of the
migration progress. Firstly, the determinants, dynamics and characteristics of international migration. Secondly, the continuing attachment of many contemporary
migrants to their places of origin, signified by the word ‘diaspora’ and thirdly the
attempt, by contrast, to belong and gain acceptance in places of settlement, signified by the word ‘citizenship’. The series publishes work that shows engagement
with and a lively appreciation of the wider social and political issues that are influenced by international migration.

Also published in Migration Studies by Palgrave Macmillan
Bridget Anderson and Isabel Shutes (editors)
MIGRATION AND CARE LABOUR
Theory, Policy and Politics
Rutvica Andrijasevic
MIGRATION, AGENCY AND CITIZENSHIP IN SEX TRAFFICKING
Floya Anthias and Mojca Pajnik (editors)
CONTESTING INTEGRATION, ENGENDERING MIGRATION
Theory and Practice
Fiona Barker
NATIONALISM, IDENTITY AND THE GOVERNANCE OF DIVERSITY
Old Politics, New Arrivals
Loretta Bass
AFRICAN IMMIGRANT FAMILIES IN ANOTHER FRANCE
Harald Bauder and Christian Matheis (editors)
MIGRATION POLICY AND PRACTICE
Interventions and Solutions
Michaela Benson and Nick Osbaldiston
UNDERSTANDING LIFESTYLE MIGRATION
Theoretical Approaches to Migration and the Quest for a Better Way of Life
Gideon Calder, Phillip Cole and Jonathan Seglow
CITIZENSHIP ACQUISITION AND NATIONAL BELONGING
Migration, Membership and the Liberal Democratic State
Michael Collyer
EMIGRATION NATIONS
Policies and Ideologies of Emigrant Engagement

Daniel Conway and Pauline Leonard
MIGRATION, SPACE AND TRANSNATIONAL IDENTITIES
The British in South Africa
Rosie Cox (editor)
SISTERS OR SERVANTS
Au Pairs’ Lives in Global Context
Saniye Dedeoglu
MIGRANTS, WORK AND SOCIAL INTEGRATION
Women’s Labour in the Turkish Ethnic Economy
Huub Dijstelbloem and Albert Meijer (editors)
MIGRATION AND THE NEW TECHNOLOGICAL BORDERS OF EUROPE
Thomas Faist and Andreas Ette (editors)
THE EUROPEANIZATION OF NATIONAL POLICIES AND POLITICS
OF IMMIGRATION
Between Autonomy and the European Union
Martin Geiger and Antoine Pécoud (editors)
THE POLITICS OF INTERNATIONAL MIGRATION MANAGEMENT
John R. Hinnells (editor)
RELIGIOUS RECONSTRUCTION IN THE SOUTH ASIAN DIASPORAS
From One Generation to Another
Ronit Lentin and Elena Moreo (editors)
MIGRANT ACTIVISM AND INTEGRATION FROM BELOW IN IRELAND
Catrin Lundström
WHITE MIGRATIONS
Gender, Whiteness and Privilege in Transnational Migration
Majella Kilkey, Diane Perrons, Ania Plomien
GENDER, MIGRATION AND DOMESTIC WORK
Masculinities, Male Labour and Fathering in the UK and USA
Amanda Klekowski von Koppenfels
MIGRANTS OR EXPATRIATES?
Americans in Europe
Marie Macy and Alan H. Carling
ETHNIC, RACIAL AND RELIGIOUS INEQUALITIES
The Perils of Subjectivity
George Menz and Alexander Caviedes (editors)
LABOUR MIGRATION IN EUROPE
Laura Morales and Marco Giugni (editors)
SOCIAL CAPITAL, POLITICAL PARTICIPATION AND MIGRATION IN EUROPE
Making Multicultural Democracy Work?
Eric Morier-Genoud
IMPERIAL MIGRATIONS
Colonial Communities and Diaspora in the Portuguese World
Dominic Pasura
African Transnational Diasporas
Fractured Communities and Plural Identities of Zimbabweans in Britain

Ludger Pries and Zeynep Sezgin (editors)
CROSS BORDER MIGRANT ORGANIZATIONS IN COMPARATIVE PERSPECTIVE
Helen Schwenken and Sabine Ruß-Sattar
NEW BORDER AND CITIZENSHIP POLITICS
Shanthi Robertson
TRANSNATIONAL STUDENT-MIGRANTS AND THE STATE
The Education-Migration Nexus
Louise Ryan, Umut Erel and Alessio D’Angelo (editors)
MIGRANT CAPITAL
Networks, Identities and Strategies
Olivia Sheringham
TRANSNATIONAL RELIGIOUS SPACES
Faith and the Brazilian Migration Experience
Evan Smith and Marinella Marmo
RACE, GENDER AND THE BODY IN BRITISH IMMIGRATION CONTROL
Subject to Examination
Vicky Squire
THE EXCLUSIONARY POLITICS OF ASYLUM
Holly Thorpe
TRANSNATIONAL MOBILITIES IN ACTION SPORT CULTURES
Vron Ware
MILITARY MIGRANTS
Fighting for YOUR Country

Migration, Diasporas and Citizenship
Series Standing Order ISBN 978–0–230–30078–1 (hardback) and
978–0–230–30079–8 (paperback)
(outside North America only)
You can receive future titles in this series as they are published by placing a standing order.
Please contact your bookseller or, in case of difficulty, write to us at the address below with
your name and address, the title of the series and one of the ISBNs quoted above.
Customer Services Department, Macmillan Distribution Ltd, Houndmills, Basingstoke,
Hampshire RG21 6XS, England

Migration Policy and
Practice
Interventions and Solutions
Edited by
Harald Bauder and Christian Matheis

MIGRATION POLICY AND PRACTICE

Copyright © Harald Bauder and Christian Matheis, 2016.
Softcover reprint of the hardcover 1st edition 2016 978-1-137-50380-0
All rights reserved.
An early version of the text in Chapter 1 appears as an essay in PRAXIS:
The Fletcher Journal of Human Security available at http://fletcher.
tufts.edu/Praxis/About-PRAXIS. Chapter 4 by Harald Bauder is based
on an article previously published in Progress in Human Geography
DOI 10.1177/0309132513502281.
First published in 2016 by
PALGRAVE MACMILLAN®
in the United States—a division of St. Martin’s Press LLC,
175 Fifth Avenue, New York, NY 10010.
Where this book is distributed in the UK, Europe and the rest of the world,
this is by Palgrave Macmillan, a division of Macmillan Publishers Limited,
registered in England, company number 785998, of Houndmills,
Basingstoke, Hampshire RG21 6XS.
Palgrave Macmillan is the global academic imprint of the above companies
and has companies and representatives throughout the world.
Palgrave® and Macmillan® are registered trademarks in the United States,
the United Kingdom, Europe and other countries.
ISBN 978-1-349-56677-8
ISBN 978-1-137-50381-7 (eBook)
DOI 10.1057/9781137503817
Library of Congress Cataloging-in-Publication Data
Migration policy and practice : interventions and solutions / edited by
Harald Bauder and Christian Matheis.
pages cm.—(Migration, diasporas and citizenship)
Includes bibliographical references and index.
1. Emigration and immigration—Government policy. 2. Social conflict.
3. Political refugees. I. Bauder, Harald, 1969–
JV6038.M5457 2015
325—dc23

2015007679

A catalogue record of the book is available from the British Library.
Design by Newgen Knowledge Works (P) Ltd., Chennai, India.
First edition: January 2016
10 9 8 7 6 5 4 3 2 1

Contents
Preface

ix

Acknowledgments

xi

Introduction: Possibility, Feasibility and Mesolevel
Interventions in Migration Policy and Practice
Christian Matheis and Harald Bauder
1

2

3

4
5

6
7

8

1

Refuge and Refusal: Credibility Assessment, Status
Determination and Making It Feasible for Refugees
to Say “No”
Christian Matheis

17

Latino/a Immigration: A Refutation of the Social Trust
Argument
José Jorge Mendoza

37

Complementing Schengen: The Dublin System and
the European Border and Migration Regime
Bernd Kasparek

59

Domicile Citizenship, Migration and the City
Harald Bauder

79

The Model Migrant and Multiculturalism: Analyzing
Neoliberal Logics in US Sanctuary Legislation
Serin D. Houston and Olivia Lawrence-Weilmann

101

Nature, Place and the Politics of Migration
John Hultgren

127

State-Based Immigration Efforts and Internally Displaced
Persons (IDPs): An Experiment in Alabama
Eli C. S. Jamison

149

Black, Poor and Jewish: The Ostracism of Ethiopian
Jews in Modern Israel
Holly A. Jordan

175

Notes on Contributors

191

Index

195
vii

Preface
Migration Policy and Practice has its origins in a paper session titled Open
Borders, Migration, and Labor Shadows: From Theorizing Causes to Proposing
Interventions, which we organized for the 2014 Annual Meeting of the
Association of American Geographers in Tampa, FL. This session laid
the foundation for the contents and focus of the book in two important ways. First, Migration Policy and Practice has been conceived as a
conversation across disciplines. We, the session organizers and editors
of this volume, have different disciplinary backgrounds in Geography
and Philosophy. In our view, both Geography and Philosophy are well
positioned to lead cross-disciplinary normative explorations in borders,
migration and citizenship due to the way these two fields propagate questions of space, territory and place (Geography), and discern foundational
biases in order to foster conceptual resources in the interest of practical
wisdom (Philosophy). Second, we are drawing from different national
experiences of migration. Correspondingly, this volume is not restricted
to one particular national context. Rather, developing critical interventions and practical solutions requires looking beyond national particularities and, in some cases, the national scale.
Migration Policy and Practice benefits not only from different disciplinary
backgrounds of the chapter contributors but also from their variable positions in the academic field. As editors, we exemplify these complementary
positions. Christian Matheis is a recent PhD graduate in the Alliance for
Social, Political, Ethical, and Cultural Thought (ASPECT) from Virginia
Polytechnic Institute and State University. As an emerging scholar he is
well in tune with novel research trends in ethical and political thought,
policy currents and the generational challenges to established paradigms
in critical scholarship. Conversely, Harald Bauder is an established scholar
with considerable publishing experience who has acquired a substantial
overview of the fields of migration, border and citizenship and the practical application of research in policymaking and activism through his
past teaching, research and participation in interdisciplinary research
teams. The original session participants all committed to contributing to
this book. After the conference in Tampa, we invited additional chapter
authors who could provide complementary disciplinary and regional
perspectives.

ix

x Preface

We envision the primary audience of Migration Policy and Practice to
include academics, researchers, advanced students, agents of administrative institutions and community-based activists with an interest in borders,
migration, refugee issues, asylum, cross-border mobility and citizenship.
The chapters are generally written in a language suitable for graduate
and upper-level undergraduate teaching, making the book applicable to
interdisciplinary courses; instructors may also use individual chapters as
supplementary material in discipline-particular courses.
We have taken great lengths to gather contributions that will appeal to a
wide audience of policy makers, practitioners, scholars, and activists. The
collection will interest policymakers and practitioners who are working
with “realist” or bureaucratic interests, and to those who will find the
resources accessible as touchstones for reconsidering their roles as agents
of change. Scholars with an interest in knowledge creation will find the
empirical and theoretical dimensions of the book engaging. Activists
and grassroots movement will be able to draw on the ideas presented in
Migration Policy and Practice to inform their long-term and issue-based
campaigns. While the empirical chapters focus on North America, Europe
and Israel, we believe that the critical interventions and policy solutions
as well as the theoretical discussion presented in the individual chapters
can be applied by activists, researchers and policymakers in a variety of
contexts and will therefore be of interest to a global audience. Taken as
case examples of theory-driven interventions, the case studies and localized analyses given in each chapter offer templates for proposing similar
interventions in other contexts.
We hope you, the reader, will find the following pages stimulating
and useful in widening the current horizon of debate and policymaking
related to one of the important issues of our time.
HARALD BAUDER
and
CHRISTIAN MATHEIS
Toronto and Blacksburg,
January 2015

Acknowledgments
Harald Bauder and Christian Matheis
We thank Robin Cohen and Zig Layton-Henry for providing feedback
and for including this book in the Migration, Diasporas and Citizenship
book series. At Palgrave Macmillan we thank Nicola Jones and Elaine Fan
for their guidance and assistance in getting this book ready, and former
editor Lani Oshima for commissioning the book. At Newgen Knowledge
Works we thank Kamlesh Pant for his editorial inputs. We also thank the
Social Sciences and Humanities Research Council of Canada for support,
Meaghan Symington for research assistance, and Peter Nyers and Sarah
Elwood for comments.

Serin D. Houston and Olivia Lawrence-Weilmann
We would like to thank Kiana Lussier and Charlotte Morse for excellent
collaboration and research assistance with the larger project from which
this chapter stems. We also extend our gratitude to the Dean of Faculty at
Mount Holyoke College for funding the research assistantships associated
with this project. Finally, many thanks to the editors and reviewers for
instructive comments and useful feedback.

xi

Introduction: Possibility, Feasibility
and Mesolevel Interventions in
Migration Policy and Practice
Christian Matheis and Harald Bauder

In early December 2014, six former “detainees” were transferred from a
US detention facility in Guantanamo Bay, Cuba, to Uruguay following
reclassification as “refugees” (Goldman 2014). After a decade of imprisonment in the US military detention facilities in Guantanamo Bay, Ahmed
Adnan Ahjam, Ali Husein Shaaban, Abd al Hadi Omar Mahmoud Faraj,
Abu Wa’el Dhiab, Mohammed Abdullah Tahamuttan and Abdul Bin
Mohammed Bin Abess Ourgy obtained permission to reside in Uruguay.
The reclassification and transfer out of detainment resulted from diplomatic negotiations held in secret, and received final approval from officials of the US Pentagon, the key authority in such matters at present.
This status change from “detainees” to “refugees” and, now, to asylees
in Uruguay took immense legal and political pressure. Specifically, the
feasibility of the transfer arose from a confluence of factors: (1) from the
actions of the organization Reprieve which provided ongoing legal and
activist pressures on behalf of those detained; (2) a change in Uruguayan
political climate following a crucial election, after which political figures
acted to provide respite in extending refugee status; and (3) members of
the Obama administration discredited false information originally used
to justify the detention of the six individuals following the attacks on US
soil in September 2001. Are societies such as Uruguay new role models in
showing hospitality to refugees and immigrants?
Germany, too, has been portrayed as a leading receiving society. An
article in The Washington Post dated July 27, 2014 bears the bold title, “The
new land of opportunity for immigrants is Germany” (Faiola 2014). The
article emphasizes that Germany now greets immigrants with welcome
centers, educational access at low or no cost, vocational training, language
1

2 Christian Matheis and Harald Bauder

courses and other resources intended to ease resettlement. This represents
a remarkable shift in attitudes toward migrants for a country whose leader,
Helmut Kohl, not long ago said, “Germany is not an immigrant country”
(Ibid.). As we learn by reading further, the same sentiment holds among
many Germans who have never adequately accepted even the children
of Turkish immigrants as fellow inhabitants, and who harbor deep feelings of resentment and xenophobia against waves of incoming refugees.
We may have some good reason to consider Germany currently at the
forefront of hospitable policies toward migrants and yet, as the article
concedes, the deeply held xenophobia “ . . . is one reason why experts say
a relatively large number of immigrants who come here eventually go
home.” What explains the disparity between national governance and
international policies that, in the eyes of the Washington Post journalist,
paradoxically puts Germany at the forefront of newcomer integration in
some ways while simultaneously leaving recent immigrants and refugees
little or no choice but to flee?
For 12 years, federal agents in the United States prevented Maria Isabel
De la Paz, a US citizen, from entering the country from Mexico (Greene
2014). Born in the United States to parents who entered without legal
sanction, De la Paz’s parents returned with her to Mexico when she was
four years old. Carrying her Texan birth certificate, De la Paz tried to
enter the United States at Brownsville, TX. Immigration agents acting
on executive discretion, and without court proceedings, made the determination both times that her birth certificate had been faked and denied
her entry. In early 2014 De la Paz tried again to cross the border without
legal permission in order to visit her mother who now lives in Houston,
TX. Only after her mother hired an immigration attorney did De la Paz
obtain a passport from the US embassy in Mexico City. According to
a 2014 report by the American Civil Liberties Union titled “American
Exile: Rapid Deportations that Bypass the Courtroom” (ACLU 2014),
immigration enforcement officers decided the outcome of 83 percent of
removals and deportations at borders; these cases did not pass through
judicial procedures by immigration courts. How can advocates intervene
to address the increasing shift of immigration decisions away from judicial appeal toward executive, administrative actions by individual border
enforcement agents? How might policymakers balance the discretionary
authority of law enforcement officers with the right to appeal before a
court of law?
These three examples and the questions they raise illustrate the kinds
of problems with state-managed migration that administrative actions
and activists can address. Some migrants spend years seeking fair access

Introduction 3

to judicial processes, some find temporary hospitality in the form of institutional support only to then flee cultural exclusion and xenophobia
and some have to prove their legitimate claims of citizenship to agencies
that should, ostensibly, bear the burden of proof. State institutions will,
for the foreseeable future, continue to wield forces of law, bureaucratic
procedures and military might that intersect at the pivot points of migration policies and practices. The examples above also show how a confluence of different factors can join at a midpoint—between conventional
practical politics and radical transformation, or what we define below
as the “mesolevel”—to produce beneficial changes following periods of
disenfranchisement. Similarly, drawing from various theoretical traditions, the chapters in this book, first, problematize real-world and
conceptual facets of migration policies and practices and then, second,
show the possibility of critical interventions and practical solutions on
behalf of migrants.
Receiving societies are not always greeting migrants with open arms.
In fact, receiving societies are often responding with measures that
restrict migration and refugee flows, policies that criminalize migrants
and refugees, and efforts that deny them equal rights, often through
institutionalized practices of exclusion and discrimination. For instance,
in 2012, refugees fleeing conflicts in Syria and the neighboring regions
sought asylum in the European Union (EU) only to find most EU member
nations quickly altering their asylum practices in defiance of previously
stated commitments (UNCHR 2012). Three years later, little has changed
and the UNCHR finds itself in the difficult position of both answering to
receiving societies as political allies while also needing to criticize the state
agencies that have placed such strict regulations on petitions for asylum,
duration of temporary asylum and pathways to citizenship that the term
“asylum” barely seems an accurate description of what now appears more
like “temporary detention” leading to deportation (UNCHR 2014). The
case of “Middle-Eastern” refugees in Europe is just one example of the
lack of welcome migrants and refugees are receiving at their places of
destination or refuge. Similar problems experienced by various groups of
migrants are mounting in different regions of the word.
There are no easy solutions to such problems given the interests of
dominant actors and entrenched political structures regulating migration. Even the accuracy of data and the portrayal of human migrations
are highly contested issues. Contemporary studies in migration, settlement, refugees, diaspora and human trafficking have raised serious
concerns about the reliability of theoretical and analytical models that
claim to accurately portray human population movements. To which

4 Christian Matheis and Harald Bauder

organizations, methodologies and fields of research can twenty-firstcentury policymakers and activists turn in order to find minimally
dependable explanations of global human migration? Questions about
migration range from the phenomenology of identity, “who is a refugee?,”
to discourse analyses, “how does the rhetoric of ‘refugees’ reify or challenge systems of power and hegemony,” to seemingly simple questions
such as “how many persons live in precarity, seeking refuge?” Different
explanatory projects contradict one another to such an extent as to raise
suspicions about the potential for either a great deal of discrepancy and
political gerrymandering of available data, or a troubling lack of reliable data from which to develop explanatory models (Fernandes and
Zinn 2011). Even rigorously substantiated explanatory projects can wind
up coopted and politicized by those who seek to weaken legislative and
judicial powers by transferring greater measures of executive authority to
border patrol agencies, military officials and private (nongovernmental)
interests.
Theorists involved in the study of contemporary migration owe great
debt to prior generations of scholars who engaged in public debate to influence national and international politics, and several fields of research set
the context for understanding many of the problems this book addresses.
The liberal nation-state template that arose out of the fall of traditional
monarchies during the modern period in northern and western Europe
has since its origins faced scrutiny—even granting the allegedly emancipatory benefits that liberal nation-states afford in comparison with autarchic
rule by monarchal dynasties (e.g., claim to privacy as noninterference in
individual liberties, rights to appeal through judiciary proceedings, property ownership, etc.). Indeed, critical questions about modern citizenship, nation and requisite loyalty to a bordered state appear prefigured as
early as Jean-Jacques Rousseau’s 1755 Discourse on the Origin and Basis of
Inequality (2007) wherein he reminds readers that “forcing the imaginary
barriers that separate people from people” has resulted in a particularly
horrific outcome:
The worthiest men [sic] learned to consider the cutting of the throats
of their fellows as a duty; at length men began to butcher each other
by thousands without knowing for what; and more murders were
committed in a single action, and more horrible disorders at the
taking of a single town, than had been committed in the state of
nature during ages together upon the whole face of the earth. Such are
the first effects we may conceive to have arisen from the division of
mankind into different societies. (Rousseau 2007, 78–79)

Introduction 5

At least since Marx’s “Theses on Feuerbach” (1978) do scholars realize
the value of their research to unveil the structures of oppression as a tool
assisting radical activists and grassroots organizers in the struggle for
liberation. In the twentieth century, figures, such as Jane Addams, Noam
Chomsky, John Dewey, Simone de Beauvoir, Edward Said, Jean-Paul Sartre,
Frantz Fanon and Catharine MacKinnon, to name but a few, developed
rigorous academic material while actively debating government policies
and industry activities. Little forestalled their work to propose practical
interventions even while continuing to advance theoretical investigations of social problems.
Various disciplines of academic research provide outstanding scholarship that has exposed many of the material circumstances, power
inequalities and social inequities related to borders, human mobility and
citizenship. These researchers are working at the intersections of critical
theory, poststructuralism, deconstructionism, postcolonial, decolonial
and liberation theories to vastly expand the kinds of questions and strategies open to consideration. Along these lines, Liisa H. Malkki (1995)
shows confluences and contradictions between migrant narratives and
sociological data about migrants, and Mimi Thi Nguyen (2012) illustrates
the conundrums refugees face in choosing whether to live out unending
performances of gratitude as emigrants to neoliberal states, or to remain
in the caustic and life-threatening need to seek refuge that, in most cases,
neoliberal states cause in the first place. Highly innovative recent works
in Foucault-inspired critical border and migration studies have added to
the list of scholarship aiming at social transformation (e.g., Parker et al.
2009; Walters 2006). Other researchers affiliated with academic, governmental, nonprofit and for-profit organizations have given further extensive accounts of the social practices, political processes and material
causes associated with migration. The explanatory power of any scholarship, however, faces inherent limitations and, as with all theory-driven
research, continues in earnest to elucidate previously unacknowledged
and misunderstood facets of migration and belonging.
Perhaps because of these limitations, the remarkable recent advancements made by scholars have rarely translated into action at the policy
level or into corresponding shifts in public debate and practice. Rather,
public policy and practices seem to increasingly criminalize migrants,
public debate continues to vilify refugees and the ideas of ethnicity and
“race” remain entrenched in the imagination of national communities
and citizenship. This book complements explanatory scholarship related
to migration and then extends this scholarship to place normative interventions and solutions to particular problems related to migration and

© 2018-2019 uberlabel.com. All rights reserved