Makeshift Migrants And Law

This book unmasks the cultural and gender stereotypes that inform the legal regulation of the migrant. It critiques the postcolonial perspective on how belonging and non-belonging are determined by the sexual, cultural, and familial norms on which law is based as well as the historical backdrop of the colonial encounter, which differentiated overtly between the legitimate and illegitimate subject. The complexities and layering of the migrant’s existence are seen, in the book, to be obscured by the apparatus of the law. The author elaborates on how law can both advance and impede the rights of the migrant subject and how legal interventions are constructed around frameworks rooted in the boundaries of difference, protection of the sovereignty of the nation-state, and the myth of the all-embracing liberal subject. This produces the ‘Other’ and reinforces essentialised assumptions about gender and cultural difference. The author foregrounds the perspective of the subaltern migrant subject, exposing the deeper issues implicated in the debates over migration and the rights claims of migrants, primarily in the context of women and religious minorities in India.

With reference to South Asia.

The book examines the many facets of migration from an international law perspective. Topics discussed include the relationship between migration and state sovereignty, the human rights of migrants, human trafficking, labour migration, migrant workers, refugees and internal displacement. The expert contributors hail from a number of diverse international law backgrounds (including refugee law, human rights law, humanitarian law, labour law, WTO law and others), allowing them to synthesize many different perspectives and present a comprehensive, cohesive and timely study of a complicated and fractured topic.

Offers a novel contribution to immigration legal scholarship by rewriting Supreme Court immigration law opinions from a critical immigration legal theory lens. Contests fundamental presumptions in doctrinal immigration law and shows how entrenched system of power, alongside racism, sexism, and stereotypes, have marred the immigration law landscape.

How did states come to monopolize control over migration? What do the processes that produced this monopoly tell us about the modern state? In Indian Migration and Empire Radhika Mongia provocatively argues that the formation of colonial migration regulations was dependent upon, accompanied by, and generative of profound changes in normative conceptions of the modern state. Focused on state regulation of colonial Indian migration between 1834 and 1917, Mongia illuminates the genesis of central techniques of migration control. She shows how important elements of current migration regimes, including the notion of state sovereignty as embodying the authority to control migration, the distinction between free and forced migration, the emergence of passports, the formation of migration bureaucracies, and the incorporation of kinship relations into migration logics, are the product of complex debates that attended colonial migrations. By charting how state control of migration was critical to the transformation of a world dominated by empire-states into a world dominated by nation-states, Mongia challenges positions that posit a stark distinction between the colonial state and the modern state to trace aspects of their entanglements.

This book is the product of a collaborative effort involving partners from Africa, Asia, Europe and Latin America who were funded by the International Development Research Centre Programme on Women and Migration (2006-2011). The International Institute of Social Studies at Erasmus University Rotterdam spearheaded a project intended to distill and refine the research findings, connecting them to broader literatures and interdisciplinary themes. The book examines commonalities and differences in the operation of various structures of power (gender, class, race/ethnicity, generation) and their interactions within the institutional domains of intra-national and especially inter-national migration that produce context-specific forms of social injustice. Additional contributions have been included so as to cover issues of legal liminality and how the social construction of not only femininity but also masculinity affects all migrants and all women. The resulting set of 19 detailed, interconnected case studies makes a valuable contribution to reorienting our perceptions and values in the discussions and decision-making concerning migration, and to raising awareness of key issues in migrants’ rights. All chapters were anonymously peer-reviewed. This book resulted from a series of projects funded by the International Development Research Centre (IDRC), Canada.

This volume is a collection of articles dealing with various dimensions of the Global Financial Crisis and its economic and social impact in terms of governance, emigration, remittances, return migration and re-integration. The crisis, which had its origin in the United States in 2008, spread its economic effects on developed as well as developing countries. Some of these countries were able to recover in the short run while some are in the process of recovery, with continuous efforts by both national governments and international agencies. In this backdrop, is there any impact on the outflow of emigrants from the countries of origin and inflow of remittances to the countries of destination? The third volume in the annual series ‘India Migration Report’ answers the question through rigorous quantitative and qualitative analyses and fieldwork both in the Gulf region and South Asia, and concludes that both emigration and remittances are more resilient than expected. This report: contains findings based on an extensive survey conducted in Kerala; has additional evaluations based on other surveys and case studies conducted in different parts of India, Pakistan, Bangladesh, Nepal and Sri Lanka to reflect on the consequences of the global crisis on the countries of origin, as well as a quick assessment and site visits to the United Arab Emirates, Kuwait, Qatar and Malaysia; includes essays that examine the linkages between emigration and remittances based on international data from the World Bank, the International Labour Organization, the International Organization of Migration, the United Nations and other organizations that closely deal with international migration. It will be of interest to students and scholars of migration studies, sociology, law, economics, gender studies, diaspora studies, international relations and demography, apart from non-governmental organizations, policy-makers and government institutions working in the field of migration.