This paper advances a historical and philosophical explanation of the dynamics of irregular migration and the EU-external border policy in Africa. The refugee crisis in Europe has led to tougher security measures, including the EU’s externalization of its boundaries to transit countries with serious implication for human security and regional stability in Africa. In re-assessing the foundation of international migration policies through historical and philosophical lenses, this work brings to the fore the internal contradictions in EU-external border (...) policy in Africa. Whereas migration studies have drawn insights from political and applied moral philosophy, this approach is rare in the debate on irregular migration and informal transborder flows between the EU and Africa. The article particularly unveils the inter-relational complexity between globalization, migration, human rights and development. The approach is qualitative based on the critical analysis of ethnographic survey, government documents, mass media reports and existing literature. Underpinned by the philosophical tenets of the Hobbesian “collective right” and Lockean concept of “inalienable” human rights, as well as the discourse on the “priority thesis”, it concludes that the resolution of the migration dilemma lies in the ethical modification of the immigration laws in line with the universal notion of democratic values, the rule of law, human rights and the reality of global inter-connectivity. Keywords: Africa, External Border Control, European Union, Development, Human Rights, Irregular Migration; Priority Thesis. (shrink)

This paper makes the case for amnesty of irregular migrants by reflecting on the conditions under which a wrong that is done in the past can be considered superseded. It explores the relation between historical injustice and irregular migration and suggests that we should hold states to the same stringent standards of compliance with just norms that they apply to the assessment of the moral conduct of individual migrants. It concludes that those standards ought to orient migrants (...) and citizens’ moral assessment of how their states handle questions of irregular migration and to inform political initiatives compatible with these moral assessments. (shrink)

This article claims that the study of irregular migration may be a strategic research material for the development of an adequate understanding of contemporary society. The field, however, suffers not only from a lack of reliable empirical data, but also from endemic undertheorizing. The article shows how the attempt to develop an understanding of irregular migration from within a general theory of modern society has positive consequences both for the clarification of the problems and for the (...) design of research programs able to deal adequately with the phenomena. Particularly, it is argued that a theory of modern society centered on its form of differentiation may help to clarify both the political dimension of contemporary international mobility, the variety of irregular statuses existing in the foreign population of receiving countries, and the condition of inclusion and exclusion of irregular migrants. (shrink)

This article argues that, far from being a merely defensive act of individual protest, civil disobedience is a much more radical political practice. It is transformative in that it aims at the politicization of questions that are excluded from the political domain and at reconfiguring public space and existing institutions, often in comprehensive ways. Focusing on the reconstitution of the political community also allows us to reconceptualize constituent power. Rather than portraying it as a quasi-mythical force erupting only in extraordinary (...) moments, constituent power can be conceptualized as a dynamic situated within established orders, transgressing their logic and reconfiguring them from within. Civil disobedience as a transformative and potentially comprehensive practice aimed at reconstituting the political order can then be seen as an internal driving force keeping this dialectic in play. A concrete example can be found in protests and border struggles by irregularized migrants. They show how unexp... (shrink)

Can state sovereignty justify privileged receiving countries exercising authority over non‐members in a third country to safeguard their own interests? Under the current migration governance of the EU, state sovereignty is manifested in migrant interdiction, interception and detention policies employed to prevent unauthorized migrants from reaching the EU, and even from attempting to embark on cross‐Mediterranean journeys. While reinforcement of the Schengen region's external borders is a key aim of the EU's internal migration politics, collaboration with third countries (...) regarding migration control has, in the last decade, become a key feature of its external migration policy. In close collaboration with third countries, the EU has managed to curb the outflux of migrants from transit and sending countries. In effect, irregular migrants are prevented from exiting as well as from entering. This article explores the justifiability of such practices, by questioning commonly invoked models of justification such as the sovereignty “model”, with a special focus on partnership agreements regarding migration control between the EU and Libya. (shrink)

In this article Elias Hemelsoet questions the way irregular migrants are approached in educational policymaking. In most cases, estimations of the number of irregular migrants serve—despite large methodological problems—as a starting point for policymaking. Given the very diverse composition of this group of people, the question is whether residence status is an appropriate benchmark for dealing with the social problems related to these people. There seems to be a homogenizing tendency at work that reduces the complexity of (...) class='Hi'>irregular migration. Preferable distinctions are overlooked or even denied. Inclusive education seems to provide an alternative that does not reduce individuals to a group they belong to, claiming that differences only matter at the individual level. The question is whether such an approach entails a new form of homogenization. Using the case of Roma people, Hemelsoet argues here that group differences do matter for educational practice, theory, and policy. Qualitative data on the social practices of groups can help provide insight into the particularity of situations. This “insight” or “understanding,” in its turn, is a requirement in order for policymakers to make well‐considered choices. (shrink)

The focus of this article is on representations of irregular migration in a Scandinavian context and how irregular migrants are constructed as a target group. A common feature in many European states is the difficult attempt to navigate between an urge for control and respecting, upholding and promoting humanitarian aspects of migration management. Legitimizing policies therefore become extremely important as governments have to appease national voters to remain in power and have to respect European regulations and (...) international conventions. Doing so raises questions of social, political and economic rights, of moral obligations, of sovereignty, and of equity, as well as of how to define target groups and legal and categorical statuses into the debates. Having a backdrop in the theoretical framework of Carol Bacchi, Anne Schneider and Helen Ingram and Giorgio Agamben, this article looks at how policy problematizations and constructions of target populations guide and legitimize particular policy approaches and may end up marginalizing and excluding groups in society and ultimately become a challenge for democracy.Dansk abstract: Legitimering af politik: Hvordan politiske tilgange til irregulære indvandrere formuleres og legitimeres i SkandinavienFokus i denne artikel er på repræsentationer af irregulær migration i en skandinavisk kontekst og hvordan illegale indvandrere er konstrueret som målgruppe. Et fælles træk i mange vesteuropæiske nationalstater er det svære forsøg på at navigere mellem kontrol og samtidig respektere, forsvare og fremme humanitære aspekter af migrationsstyringen. At legitimere den givne politik er derfor blevet særdeles vigtigt fordi regeringerne er nødt til at formilde de nationale indvandringsskeptiske vælgere for at forblive ved magten og er nødsaget til at respektere europæiske regler og internationale konventioner. Dette italesætter en diskussion om sociale, politiske og økonomiske rettigheder, af moralske forpligtelser, af suverænitet, af at definere målgrupper og juridiske statuskategorier i debatterne. Artiklen har baggrund i en teoretisk ramme som er udstukket af Carol Bacchi, Anne Schneider, Helen Ingram og Giorgio Agamben. Artiklen ser på, hvordan politiske problematiseringer og konstruktioner af målgrupper vejleder og legitimerer bestemte politiske strategier og kan ende med at marginalisere og udelukke grupper i samfundet og i sidste ende blive en udfordring for demokratiske principper som sådan. (shrink)

The Venezuelan migration crisis has displaced over six million people and is the Americas’ largest forced migration. Nearby countries have received the majority of the displaced and initially showed an impressive welcome to Venezuelans, regardless of whether they may be considered migrants, asylum seekers, or refugees. However, host country responses have mainly been uncoordinated, siloed, and impromptu. This paper examines the solidarities and tensions within the individual country responses of Venezuela’s closest Latin American and Andean neighbors: Colombia, Ecuador, (...) Peru, Chile, and Brazil. The number of displaced people leaving Venezuela has steadily increased since 2015 yet limited long term-planning and inclusion of migrants in host communities has led to a growth in xenophobia. Additionally, many Latin American host nations have erected new barriers that make legal entry or residency forms more difficult for migrants to obtain. The COVID-19 pandemic has compounded these issues as host countries grapple with supporting and offering resources to their citizens in addition to migrants. However, some promising regional solutions could be applied in a more coordinated regional approach to help ensure that host countries and IOs supporting them can better extend enduring solidarity and inclusion to Venezuelans. These solutions include longer-term visa options, such as the new Colombian 10-year visa, that can help regularize and include Venezuelans over a prolonged period. A particularly recommended approach would be the regional application of an inventive Latin America humanitarian-orientated accord, the Cartagena Declaration, a forward-thinking concept with a potential that has never been realized. The Cartagena Declaration could offer more comprehensive protection and fairer access to rights beyond temporary measures. (shrink)

In December 2007 it was revealed that the British government is considering the exclusion of certain groups of migrants—those considered to be present “illegally”—from primary health care provided by the National Health Service. At present, practitioners have discretion to accept any individual for NHS treatment regardless of their status. A joint Home Office and Department of Health review is examining this access for foreign nationals, and the likely outcome is the restriction of access to irregular migrants, which would, according (...) to the Institute of Public Policy Research, affect around 390,000 people. In 2004 such groups were excluded from NHS secondary care, most controversially from treatment for HIV, and so the present proposal would bar them from all but emergency health treatment. (shrink)

France’s agreements on the joint management of migration flows figure centrally within studies of bilateral migration agreements. With their origins in friendship and navigation treaties of the late 19th century, the AJMs are successors to the postcolonial, circular mobility conventions of the 1960s, and are uniquely positioned for periodizing the evolution of bilaterally negotiated labor mobilities. Nonetheless, due to the European Union’s reluctance to embrace mass regularization and the EU Member States’ legislative powers over labor markets, they have (...) time and again scotched France’s ambition to leverage preferential labor market entries in exchange for more cooperation over irregular migration. Through documents and statistical data analysis, this Article studies the case of Senegal’s negotiation of additional pathways to France for its lower-skilled workers. At the center is France’s administrative court of appeals, which has confirmed the broad margin of discretion over Art. 42 in the AJM between France and Senegal. This jurisprudence has decoupled the automatic linkage between a job listed under duress in France under the Annex to the AJM and the entitlement to exceptional admission. We argue that France’s courts have removed a privilege of Senegalese workers, which has re-politicized France’s migration diplomacy with Senegal. At the same time, retention of the prefectorial discretionary power has levelled the playing field among West and North African countries that have concluded similar bilateral agreements with France. This Article adds to the research on bilateral migration agreements by proposing a multilevel legal analysis, which studies AJMs in the context of France’s common law, EU labor and return directives, and the multilateral of WTO/gats liberalization. (shrink)

Anne McNevin’s book provides a valuable contribution to ongoing debates about the plight of irregular migrants in the context of neoliberal hegemony. It combines detailed analysis of contemporary movements that resist the ever-increasing controls over borders and movement, together with critical assessments of a range of contemporary theorists on the question. McNevin’s central argument is that neoliberalism not only delineates the migrant subject in various ways, but also traps activists into replicating many harmful assumptions about ‘deserving’ versus ‘undeserving’ migrants. (...) She further argues for a resurrection of the political subjectivity of migrant communities, by both exploiting the crisis engendered at the nexus of neoliberal economics and the sovereign subject, and resisting the framework set by those paradigms. (shrink)

Poland has faced two waves of migration: the first was of irregular asylum seekers, which led to the humanitarian crisis on the eastern EU–Belarusian border since 2021; the second was of Ukrainians fleeing the Russian invasion. Although there are noticeable differences between these situations, and between the different reactions of the Polish authorities, it is possible to juxtapose them in terms of the right to health. The normative content of refugee and human rights law is the starting point (...) for reconstructing the meaning of the terms ‘refugee’ and ‘right to health’. A refugee is a person who needs international protection because of a well-founded fear of harm, which is not limited to persecution as defined by the Refugee Convention but also includes situations of international and non-international armed conflict. The right to health, which includes, inter alia, entitlements to a ‘system of health protection’ and ‘underlying determinations of health’, is reconstructed on the basis of human rights law and refugee and migration law. There are no legal and moral grounds to grant the right to health differentially to different groups of refugees. Nondiscriminatory health policy requires that refugees have the same access to health care as nationals, although their specific health needs resulting from past experiences and refugee situation require special treatment, that is, an appropriate refugee health policy. The broad understanding of the underlying determinants of health demonstrates the importance of overall migration policy for refugees’ health, which can jeopardise the fragile good of refugee health. (shrink)

The paper examines the migration policy regime in Thailand using a human security lens. It suggests that insecurities experienced by migrants are partly caused or exacerbated by a migration policy regime, consisting of migration laws and regulations and non-migration related policies and programs, that pushes migrants into irregular forms of mobility and insecure employment options. These effects are worse for women migrants who have fewer resources to access legal channels while they are relegated to insecure (...) employment in the reproductive or informal sectors. Using a gender and human security analysis, therefore, reveals how the migration policy regime, often informed by a restrictive national security approach, can clash with the human security needs of migrants by creating a large pool of unprotected irregular migrants with women occupying the most vulnerable forms of employment. In conclusion, it is suggested that this ‘en-gendering’ of human insecurities could be overcome if gender equality was designed into policies and guided their implementation. (shrink)

The gradual development of European Union (EU) immigration and asylum law has been characterized by two related, ongoing tensions: the conflict between EU competence in this field and national sovereignty, and the friction between immigration control and the protection of human rights. The EU's approach to resolving the two key tensions in this area are assessed by examining the four key subjects addressed by immigration law: visas and border controls, irregular migration, legal migration, and asylum. The European (...) Union has been more active in the fields of visas and border controls than in any other area of immigration and asylum law owing to the early development of a legal framework, originally in the form of the Schengen Convention. As for irregular migration, the European Union's initial piecemeal approach has been supplemented by the adoption of the fairly comprehensive Returns Directive. (shrink)

In this article, we explore why solidarity has not worked according to expectation in EU migration and asylum law and why it is unlikely to work in the future. First, we consider discourses of burden-sharing and solidarity in EU law from the 1990s up to the Lisbon Treaty in 2009 to identify emergent path dependencies. This period saw the introduction of primary law provisions on solidarity, such as Article 80 TFEU, as French and Dutch electorates had rejected a European (...) constitution. Second, we perform an analysis of Article 80 through the conceptual history of solidarity, in particular, the dominant Roman law tradition of obligation in solidum and the French tradition of solidarism. We submit that the term ‘solidarity’ is actually a misnomer: already on structural grounds, Article 80 should be read as an alliance clause, countering a threat of irregular immigration. Third, we find that the practice under Article 80 as it develops during the period between 2015 and the 2020 European Commission Pact on Migration and Asylum corroborates this finding. Overall, we find that the concept of solidarity in EU asylum and migration law engenders outcome expectations that it cannot deliver as the defence alliance it is. (shrink)

How to respond to unauthorized migration and migrants is one of the most difficult questions in relation to migration theory and policy. In this commentary on Gillian Brock’s discussion of “irregular” migration, I do not attempt to give a fully satisfactory account of how to respond to unauthorized migration, but rather, using Brock’s discussion, try to highlight what I see as the most important difficulties in crafting an acceptable account, and raise some problems with the (...) approach that Brock takes. In thinking about unauthorized migration, both while trying to craft positive policies and while critiquing existing practices, we need to ask if we are most interested in a general account of how to respond to unauthorized migration, one that would apply to the large majority of cases and provide us a default approach, or if we are better served by taking a piecemeal approach, looking at why certain people or certain groups should be exempt from removal, even if they would otherwise be liable to it. In this paper, I will focus primarily on this distinction, and argue that it is at least important to provide an account of the "generic unauthorized". (shrink)

Dans l'opinion publique, la migration « irrégulière » est associée à l'entrée et au séjour non autorisés. Un nombre croissant d'études indiquent toutefois qu'elle résulte de la production de catégories légales de séjour autorisé. Le présent chapitre enrichit cette littérature, en montrant comment la construction de la catégorie légale de travail autorisé est productrice d'immigration « irrégulière ». En effet, la multiplication des conditions d'accès à l'autorisation de travail a pour effet de priver de droit au séjour des personnes (...) autrement en situation régulière. La France, située en tête de classement en matière d'obligations de quitter le territoire et en fin de classement en matière d'immigration professionnelle, représente un cas d'école parmi les pays de l'Union Européenne. (shrink)

This article aims to show that Locke’s discussion of tacit consent and the right to punish aliens in the Second Treatise of Government has important bearings on the moral status of undocumented immigrants. It argues that Locke conceptualized both friendly and hostile aliens, counting the former as tacit consenters to whom host states owed rights and protection. Moreover, it highlights how his approach, unlike theorists before and after him, was one that saw individuals as capable of shaping their own relationship (...) with the host. The article also examines Locke’s discussion of the federative power of the state, which includes the power to vet aliens within the country. Seen through this Lockean lens, the article argues that the vast majority of undocumented immigrants can be understood as tacit consenters or potential citizens who should be judged by how they choose to relate to the host, and not by their country of origin. While noting that the Lockean approach is not incompatible with border control, the article also shows how it puts the onus on the host to justify the power it exercises and to engage in dialogue with undocumented immigrants about what their status should be in the country. (shrink)

The aim of this article is to show that refusing to legalize the status of undocumented immigrants who have been long-term residents is a serious violation of human rights. The "right to have rights" ­ a term coined by Hannah Arendt and developed by Sheila Benhabib ­ should be construed first and foremost as the right to a legal existence. We take issue with consequentialists who warn that legalizing the status of undocumented aliens will encourage further undesirable immigration, for withholding (...) legal status in order to deter illegal newcomers is neither efficacious nor just. We conclude that "selective" as opposed to "endured" immigration policies are ethically untenable. (shrink)

Scholars have identified crimmigration – or the criminalization of “irregular” migration in law – as a key issue affecting migrant access to justice in contemporary immigrant-receiving societies. Yet the gendered and racialized implications of crimmigration for diverse migrant populations remains underdeveloped in this literature. This study advances a feminist intersectional approach to crimmigration and migrant justice in Canada. I add to recent research showing how punitive immigration controls disproportionately affect racialized men from the global south, constituting what Golash-Boza (...) and Hondagneu-Sotelo have called a “gendered racial removal program”. In my study, I shift analytical attention to consider the effects of the contemporary crimmigration system on migrant women survivors of gender-based violence. While such cases constitute a small sub-group within a larger population of migrants in detention, nevertheless scholarly attention to this group can expose the multiple axes along which state power is enacted – an analytical strategy that foundational scholars like Crenshaw used to theorize “structural intersectionality” in the US. In focusing on crimmigration in the Canadian context, I draw attention to the growing nexus between migration, security, and gender-based violence that has emerged alongside other processes of crimmigration. I then provide a case analysis of the 2013 death while in custody of Lucía Dominga Vega Jiménez, an “undocumented” migrant woman from Mexico. My analysis illustrates how migrant women’s strategies to survive gender-based violence are re-cast as grounds for their detention and removal, constituting what I argue is a criminalization of survivorship.The research overall demonstrates the centrality of gendered and racialized structural violence in crimmigration processes by challenging more universalist approaches to migrant justice. (shrink)

Trafficking for Sexual Exploitation (TFSE) is a historical phenomenon, connected to the social and sexual organization of labour. It survives because a part of the population is considered a lucrative commodity, in a global business operation that causes millions of victims worldwide nowadays. The protection of the fundamental rights of victims is not considered top priority by States, compared to the priorization given to irregular migration and organized crime control. Thus, this situation supposes a disregard of human trafficking (...) as a violation of Human Rights. This approach transcends TFSE and argues that the violations of Human Rights implicit in human trafficking are linked to the sexual division of labour, differentially affecting men and women. Furthermore, TFSE is already formally recognized as a form of gender violence. Women around the world are in socially inequality positions that are conducive to the risk of being trafficked, especially for sexual exploitation. This paper deals with a contextualized reflection on the case of Spain, as a border-territory of the European Union. (shrink)

Dans l’opinion publique, la migration « irrégulière » est associée à l’entrée et au séjour non autorisés. Un nombre croissant d’études indiquent toutefois qu’elle résulte de la production de catégories légales de séjour autorisé. Le présent chapitre enrichit cette littérature, en montrant comment la construction de la catégorie légale de travail autorisé est productrice d’immigration « irrégulière ». En effet, la multiplication des conditions d’accès à l’autorisation de travail a pour effet de priver de droit au séjour des personnes (...) autrement en situation régulière. La France, située en tête de classement en matière d’obligations de quitter le territoire et en fin de classement en matière d’immigration professionnelle, représente un cas d’école parmi les pays de l’Union Européenne. (shrink)

This paper argues for the role of technology, such as artificial intelligence, which includes machine learning, in managing conflicts between herders and farmers in Nigeria. Conflicts between itinerant Fulani herders and farmers over the years have resulted in the destruction of lives, properties, and the displacement of many indigenous communities across Nigeria, with devastating social, economic and political consequences. Over time, the conflicts have morphed into ethnic stereotypes, allegations of ethnic cleansing, forceful appropriation and divisive entrenchment of labels that are (...) inimical to national existence. The reality of climate change and increased urbanization suggest that conflicts are likely to exacerbate over shrinking resources in the near future. Finding solutions to the conflicts, therefore requires innovative thinking capable of addressing the limits of past approaches. While mindful of the human and political dimension of the conflicts, I argue using the method of philosophical analysis that technology possesses the capacity for social transformation, and make a case for the modernization of grazing culture and the curbing of crossborder grazing through machine learning and other forms of artificial intelligence. Machine Learning represents a transformative technology that addresses the security challenges of irregular migration, accommodates the nomadic and subsistent mode of farming associated with the conflicting parties while enabling a gradual but stable transition to full modernization. I conclude that machine learning holds many prospects for minimizing conflicts and attaining social cohesion between herders and farmers when properly complemented by other mechanisms of social cohesion that may be political in nature. (shrink)

Residence of unauthorized immigrants is a stable feature of the Global North’s liberal democracies. This article asks how liberal-democratic policymakers should respond to this phenomenon, assuming both that states have incontrovertible rights and interests to assert control over immigration and that unauthorized residence is nevertheless an entrenched fact. It argues that a set of liberal-democratic commitments gives policymakers strong reason to implement both so-called ‘firewall’ and ‘regularization’ policies, thereby protecting unauthorized immigrants’ basic needs and interests and officially incorporating many of (...) them in society. It then explains that the background imperative of immigration control creates a dilemmatic tension between these policies, as regularization is envisaged alongside the removal of the ineligible, which is in turn hindered by the implementation of firewalls. This creates a dilemma between the pursuit of two policy goals that are both underwritten by the same value commitments. Though it cannot be entirely dissolved, I argue that the best way to mitigate this dilemma is to design regularization policy in a way that leaves only a small number of unauthorized immigrants subject to removal. (shrink)

The steep rise in small boat crossings across the English Channel is deeply worrying. Ever more lives are put at risk in making the 21-mile journey. Human trafficking gangs trade in human misery. The UK’s asylum system is put under additional strain and at ever higher cost to taxpayers. The public has lost trust in the Government to put this right. In order to address the problem, we must understand it and grasp its underlying causes. A key issue is that (...) the Government did not see the problem of small boat crossings as a consequence of its policy failures, most notably its failure to secure a post-Brexit returns arrangement with the EU. An effective plan to deal with small boat crossings is urgently needed to win back public confidence, to save lives, to improve our asylum system and help put illegal human traffickers out of business. This Report is an attempt to outline such a plan with over a dozen recommendations. (shrink)

The research focused on the cross-boundary impacts of ecological changes on the livelihood of communities in three villages in Stung Treng province, Cambodia. The research objectives were to analyze river ecological changes and their drivers, and to explore the impacts of these changes on the livelihood of the communities. The research was conducted in Kraom, Kaoh Snaeng, and Tonsang villages. The study found that there have been significant changes in the environment of these villages. The fishery resources have declined between (...) 2019 and 2022 due to factors such as population growth, illegal fishing, loss of flooded forests, and the presence of hydropower dams. The extent of flooded forests has also significantly decreased, negatively impacting fish populations and the overall ecosystem. Water level fluctuations have become irregular since 2018, with lower water levels during the rainy season compared to previous years. Riverbank landslides have been a concern, posing threats to safety and livelihoods. Excessive algae growth in the rivers has also been observed. The research findings indicate a decline in income from fish catch in all three villages, with varying levels of stability. Expenses for food have also varied. Migration patterns have been observed, with individuals seeking better opportunities elsewhere due to the decline in fish stocks. Crop damages have been attributed to irregular flooding and fluctuating water levels, leading to a decrease in crop cultivation. Changes in water quality, including the presence of lime and algae, have impacted the well-being of the residents. Overall, the research highlights the need for interventions and support to address the economic challenges faced by the communities, mitigate the loss of equipment and housing, and improve water quality. (shrink)

Many studies have highlighted a substantial "bureaucracy domination" in procedures relating to migrants’ access to territory. This form of domination is marked by highly discretionary and arbitrary practices, enacted by the administrative authorities of the state. Only minor attention, however, has been devoted to the arbitrariness of judicial decisions and to the judicial role in general in the numerous proceedings that increasingly affect the path of migrants. This path is the main object of this paper. The study focuses on Italian (...) case law in expulsion and detention proceedings of irregular third country national citizens and asylum seekers and presents qualitative empirical research on decisions issued by the competent national authorities. The results have been analysed using a selection of theoretical tools, all referable to the general concept of the rule of law. The judicial decisions on pre-removal detention proceedings in two case studies are examined: the jurisprudence on detention of irregular migrants, in different offices of the Justice of the Peace in Italy; and the case law on detention of asylum seekers in the Ordinary Tribunal of Rome. The assumption underlying the research is that various conceptions of the rule of law may have different explanatory power when it comes to explaining the empirical results. To verify this hypothesis, the study proposes an overview of the main rule of law doctrines in the Western tradition of political and legal thought and applies the method of historical-conceptual analysis. As a result, the explanatory power of six theoretical models of the rule of law was verified against the data with the view to highlight the virtues and vices of the respective explanatory frameworks. This article reaches a two-fold conclusion. First, as far as the explanatory frameworks are concerned: the results of the two case studies cannot be fully explained by any of the models considered in this study. This fact alone casts doubts on the explanatory power of these theories and calls for further research on judicial decision-making more generally. Secondly, a key finding of the study regarding the notions of discretion and arbitrariness is that the judicial approach which assures the highest protection of rights is also the one that is most easily influenced by arbitrariness. The author argues that this paradox can be easily dissolved by paying attention to the plural dimensions of arbitrariness. If we consider arbitrariness from a legal point of view, i.e. as an illegal decision, it is unsurprising that the authority that most uses its discretionary powers is also the one most at risk of abusing these discretionary powers and hence of exercising arbitrary power. However, if we consider arbitrariness from the point of view of philosophical-political theory, i.e. as a form of domination characterised by the absence of sufficient justification, it is unsurprising that the judicial approach which assures the highest protection of rights is also the one that takes its own role as guarantor of these rights and of the constitutional democratic legal order as such most seriously. This judicial approach thus most often risks exercising its power in criticisable ways, as compared to an authority much more in line with the requirements of law enforcement agencies. Keywords: migration, discretion, justice, arbitrariness, civil rights, Rechtsstaat, expulsion, mixed constitution. (shrink)

Normative political theory over recent decades has focused mainly on what ought to be done as far as migration policies are concerned. It faces a basic challenge, which stems from two competing, yet equally fundamental, ideals underpinning liberal democratic societies: a commitment to moral universalism and the exclusionary requirement of democracy. The objective of this special issue, ‘New Challenges in Immigration Theory’, is to provide a conceptual overview of (some) immigration theories and to highlight the challenges new streams of (...) immigration pose for normative (political) theory and liberal democratic practice. The issue will consider how to reconcile state-based exclusion with a commitment to equal moral concern for all persons, by focusing on the non-standard immigration questions that have so far been ‘neglected’ by normative political theory. In line with this objective, the issue will discuss some of the inadequacies of the dominant political theories of immigration and show how such theories can be expanded to take account of new migration challenges such as brain drain, climate migration, detention of irregular migrants and asylum seekers, rights of labour migrants, transnational networks of movement, and so on. (shrink)

Segmentation of the medical image plays a significant role when it comes to diagnosis using computer aided system. This article focuses on the human corneal endothelium’s health, which is one of the filed research interests, especially in the human cornea. Various pathological environments fasten the extermination of the endothelial cells, which in turn decreases the cell density in an abnormal manner. Dead cells worsen the hexagonal design. The mutilated endothelial cells can no longer revive back and that gives room for (...) neighbouring cells to migrate and expand so that they can fill in the space. The latter results in cell elongation that is unpredictable as well as increase in size and thinning. Cell density and shape are therefore considered major parameters when it comes to explaining the health condition attributed to corneal endothelium. In this study, medical feature extraction was obtained depending on the segmentation of the endothelial cell boundary, and the task of segmentation of such objects especially the thin, transparent, and unclear cell boundary is considered challenging due to the nature of the image capture during endothelium layer examination by ophthalmologists using confocal or specular microscopy. The resulting image suffers from various issues that affect the quality of the image. Low quality is due to non-uniformity of illumination and the presence of a lot of noise and artefacts resulting from high amounts of distortion, and most of these limitations are present because of the nature of the imaging modality. Usually, images contain certain kind of noise and also continuous shadow. Furthermore, the cells are separated by poor border, thereby leading to great difficulty in the segmentation of the images. The irregular shape of cell and also the contrast of such images seem to be low as they possess blurry boundaries with diverse objects existing in addition to the lack of homogeneity. The main aim of the study is to propose and develop a totally automatic, robust, and real-time model for the segmentation of endothelial cells of the human cornea obtained by in vivo microscopy and computation of different clinical features of endothelial cells. To achieve the aim of this study a new scheme of image enhancement was proposed such as the Contrast-Limited Adaptive Histogram Equalisation technique to enhance contrast. After that, a new image denoising technique called Wavelet Transform Filter and Butterworth Bandpass for Segmentation is used. Subsequently, brightness level correction is applied by using the moving average filter and the CLAHE to reduce the effects of the non-uniform image lighting produced as a result of the previous step. The main aim of this article is the segmentation of endothelial cells, which involves precise detection of the endothelial contours. So a new segmentation model was proposed such that the shape of the cells will be extracted, and the contours were highlighted. This stage is followed by clinical feature extraction and uses the features for diagnosis. In this stage, several relevant clinical features such as pleomorphism mean cell perimeter, mean cell density, mean cell area, and polymegathism are extracted. The role of these clinical features is crucial for the early detection of corneal pathologies as well as the evaluation of the health of the corneal endothelium layer. The findings of this study were promising. (shrink)

"Territorial Presence As A Ground For Claims: Some Reflections" returns to political theory to assess the moral and legal position of those individuals who are inside the territory of liberal democratic states, but whose very presence has been unauthorised by the state. The author asks the question as to what their bodily presence means and does from a political perspective. The paper is part of a broader political phenomenology of territoriality in liberal national thought and puts emphasis on the idea (...) that it is migrants’ bodily presence within the state’s territory that lies at the analytical heart of the conversation about irregular immigrants. What is paradoxical about territorial presence of unauthorised migrants is that such presence is simultaneously the source of the offence states invoke as a justification for making them ‘illegal’; the basis for protections the migrants may claim against the state for basic fair treatment while present; and the ground for claims they make to remain present – i.e., to stay in the territory. Territorial presence is thus a fertile ground for the analysis of arbitrary law-making in migration. The author sets out to analyse some recent legal developments pertaining to the governance of irregular non-citizen immigrants in the United States. These developments bear on the project of theorising "immigrant justice" as resistance to the growing illiberalization of migration policy. In her view, the very existence of a class of people designated as irregular migrants within state polities presupposes that such polities maintain formal exclusionary border regimes and that in such regimes, some persons are predesignated as ineligible for entry. And even though those exclusion rules do not function to fully preclude entry and presence of such persons, states do not treat their arrival as an automatic basis for full membership either. Hence, irregular immigrants are territorially present in a state that purports to eschew that presence. The author then explores how the idea of “sanctuary” relates to the kinds of claims that both liberal humanitarians and immigrant justice advocates have been making over the last few years. These are claims which ground protection in what exponents cite as the overriding ethical significance of immigrants’ territorial presence – their already-hereness – as the basis for recognition and rights. In particular, the author makes the case that even though "sanctuary" provides a logic of safe harbour, it fails to end the predicament of constitutive based in border exclusionism. For her, the political, social, but also philosophical, struggle for the idea of border abolitionism requires a figurative sword that must go beyond sanctuary so that borders are not just mitigated, but radically deconstructed and even destroyed. The author takes this to be the vital imperative that confronts all legal and political theorists who must engage the normative challenge of rethinking arbitrary law-making in view of the new inequalities that a global political order grounded on sovereign borders produces. (shrink)

Family ties play a particular and distinctive role in immigration policy. Essentially every country allows ‘family-based immigration’ of some sorts, and family ties may have significant importance in many other areas of immigration policy as well, grounding ‘derivative’ rights to asylum, providing access to citizenship and other benefits at accelerated rates, and serving as a shield from the danger of removal or deportation. Furthermore, status as a child may provide certain benefits to irregular migrants or others without proper immigration (...) standing that is not available to adults. Despite the fact that these benefits are extremely widespread, the justification for them remains less than fully clear, and the extent of the benefits required by considerations of justice (as opposed to expediency or other policy considerations) is debated. While essentially all states recognize at least some of these rights, a significant number of them wish to reduce, rescind, or place significant conditions on them. The role of the family in immigration policy, then, stands in need of further clarification. In this paper I attempt to provide the needed clarification and justification. I discuss first questions about family unification or formation, focusing in particular on how broad a right must be provided by states wishing to have a just immigration policy, and on whether this right violates norms of liberal neutrality. I then discuss the family in relation to refugee and asylum policy, considering both when family ties should be given weight in refugee protection decision and when harm to a family member should, on its own, be able to be grounds for applying for refugee protection. I turn next to the question of when, and to what extent, family ties should be able to serve as a “shield” to removal or deportation, and finish with a discussion of the special rights of and obligations to children in immigration settings. (shrink)

El artículo explora el proceso de transnacionalización de la política migratoria y la incidencia que ha tenido la emergente perspectiva de la gobernabilidad migratoria en el desarrollo de la “nueva política migratoria” en la Argentina. Se sostiene que su adopción en los organismos del Estado especializados en la migración ha sido decisiva para la configuración de ciertos cambios en los modos de pensar y actuar sobre la llamada “inmigración irregular”. Se propone la noción de políticas de “control con rostro (...) humano” para dilucidar nuevas formas de control de las migraciones y las fronteras internacionales. A través del análisis del concepto de migración ordenada, ingresada al ámbito de gobierno de la migración con la emergencia de un nuevo régimen global de control, se pretende contribuir a la comprensión del origen y fundamento de algunos desplazamientos en las formas de pensar y ejercer el control de las migraciones internacionales en la Argentina actual. (shrink)

As with terms such as “human rights”, “democracy”, and “equality”, the notion of “freedom” has an emblematic character with highly normative overtones. After the declaration of universal human rights, one might argue that freedom is – at least formally – a universal entitlement belonging to every human being. However, this universalist structure is built upon a conflictual foundation, as the juridico-political meaning of freedom is determined by the boundaries of national citizenship, statehood, and territorial sovereignty. This chapter examines refugeehood as (...) a normal by-product of the post-colonial world order, embodying the counter-history of nation-states whose internal borders, walls, and external fortifications are growingly being militarised and reinforced. Refugeehood represents an anomalous juridico-political condition that cannot be elucidated by colonial-racial binaries such as inclusion versus exclusion or rightlessness versus national citizenship. The central idea of this chapter is that, for refugees, the meaning of freedom and unfreedom are intertwined and should be approached as a dynamic relationship characterising the state of (non)-subjectivity. As political (non)-subjects, refugees call structural determinations of unfreedom into question. Refugees’ freedom is expressed in the act of flight and border crossing, irregular migratory movement, language games of resistance, and other emancipatory signifying practices by which they claim a place of refuge in the world. (shrink)

"Case notes." Ethos: Official Publication of the Law Society of the Australian Capital Territory, (198), pp. 35–36.

Since 2023, the UK government's response to the “migrant crisis” has revolved around two controversial flagship policies: the deportation of asylum seekers to Rwanda, and the detention of migrants aboard a giant barge. In this short article, I examine the colonial and gendered dimensions of the two policies, finding them to be examples of the coloniality of gender. What this indicates, I suggest, is that the purpose of these policies is not merely to deter potential migrants—particularly LGBTQIA+ migrants—but also to (...) create a political narrative that allows the Conservative Party to garner right-wing votes by participating in high-profile culture wars; namely, the debate over transgender rights and the debate over how the UK should reckon with its imperial past. (shrink)

The values of freedom and equality are at the heart of what it means for liberal states to do justice to their citizens. Yet, when it comes to the question of whether liberal states are capable of realizing the values of freedom and equality while controlling their borders, many philosophers are skeptical that liberalism and existing immigration arrangements can in fact be reconciled. After all, liberal states often deny entrance to prospective immigrants who are fleeing extreme forms of violence. They (...) also often police their borders in ways that are discriminatory and stigmatizing, contributing to a situation where immigrants are treated as morally inferior by society at large. Such practices conflict strongly with any commitment to the values of freedom and equality. -/- Luara Ferracioli here focuses on three key questions regarding the movement of persons across international borders: What gives some residents of a liberal society a right to be considered citizens of that society such that they have a claim to make decisions with regard to its political future? And do citizens of a liberal society have a prima facie right to exclude prospective immigrants despite their commitment to the values of freedom and equality? Finally, if citizens have this prima facie right to exclude prospective immigrants, are there moral requirements regarding how they may exercise it? The book therefore tackles the most pressing philosophical questions that arise from immigration: the questions of who can exercise self-determination, and why they have such a right in the first place. (shrink)

Social scientific evidence suggests that labor migration can increase resilience to climate change. For that reason, some have recently advocated using labor migration policy as a tool for climate adaptation. This paper engages with the normative question of whether, and under what conditions, states may permissibly use labor migration policy as a tool for climate adaptation. I argue that states may use labor migration policy as a tool for climate adaptation and may even have a duty (...) to do so, subject to two moral constraints. First, states must also provide acceptable alternative options for adaptation so that the vulnerable are not forced to sacrifice their morally important interests in being able to remain where they are. Second, states may not impose restrictive terms on labor migrants to make accepting greater numbers less costly for themselves because doing so unfairly shifts the costs of adaptation onto the most vulnerable. (shrink)

David Miller’s defense of a state’s presumptive right to exclude non-refugee immigrants rests on two key distinctions. The first is that immigration controls are “preventative” and not “coercive.” In other words, when a state enforces its immigration policy it does not coerce noncitizens into doing something as much as it prevents them from doing a very specific thing (e.g., not entering or remaining within the state), while leaving other options open. Second, he makes a distinction between “denying” people their human (...) rights and “deterring” people from exercising their human rights. On this view, when those assigned to protect or fulfil human rights are also tasked with performing immigration enforcement duties, undocumented immigrants are not being denied their human rights, even when this deters them from exercising those rights. In this article, I argue that Miller’s two distinctions have an implication that he might not have foreseen. Specifically, I argue that these distinctions provide ideological cover for what has come to be known as “crimmigration” and that we have strong reasons for wanting our theory of immigration justice to reject this, even when doing so leaves open the possibility for an indirect open-borders argument. (shrink)

Nursing migration: global treasure hunt or disaster‐in‐the‐making?International nurse migration — moving from one country to another in the search of employment — is the focus of this article. The majority of member states of the World Health Organization report a shortage, maldistribution and misutilisation of nurses. International recruitment has been seen as a solution. The negative effects of international migration on the ‘supplier’ countries may be recognised today but are not effectively addressed.Nurse migration is motivated by (...) the search for professional development, better quality of life and personal safety. Pay and learning opportunities continue to be the most frequently reported incentives for nurse migration, especially by nurses from less‐developed countries. Career opportunities were considered key incentives for nurses emigrating from high‐income countries. Language was reported to be a significant barrier. The positive global economic/social/professional development resulting from international migration needs to be weighed against a substantial ‘brain and skills drain’ experienced by supplier countries. The vulnerable status of migrant nurses is also of concern in certain cases. The focus on short‐term solutions as opposed to resolving the problem of a worldwide shortage of nurses causes great concern. Recent initiatives attempt to curb or channel international recruitment. The delicate balance between recognising the right of individual nurses to migrate and a collective concern for the health of a nation’s population must be achieved. (shrink)

Mathematical models of tumour invasion appear as interesting tools for connecting the information extracted from medical imaging techniques and the large amount of data collected at the cellular and molecular levels. Most of the recent studies have used stochastic models of cell translocation for the comparison of computer simulations with histological solid tumour sections in order to discriminate and characterise expansive growth and active cell movements during host tissue invasion. This paper describes how a deterministic approach based on reaction-diffusion models (...) and their generalisation in the mechano-chemical framework developed in the study of biological morphogenesis can be an alternative for analysing tumour morphological patterns. We support these considerations by reviewing two studies. In the first example, successful comparison of simulated brain tumour growth with a time sequence of computerised tomography (CT) scans leads to a quantification of the clinical parameters describing the invasion process and the therapy. The second example considers minimal hypotheses relating cell motility and cell traction forces. Using this model, we can simulate the bifurcation from an homogeneous distribution of cells at the tumour surface toward a nonhomogeneous density pattern which could characterise a pre-invasive stage at the tumour-host tissue interface. (shrink)