Managing citizenship, security, and rights : regulating marriage migration in Europe and North America.
Canadians often associate indentured labour with a remote past, and a racially stratified labour market with the legacy of slavery and colonization in other countries. The existence of a Canadian immigration scheme known as the Foreign Domestic Movement (FDM) program challenges this naive complacency and raises the possibility that these phenomena are neither passé nor confined beyond Canada's borders.
This book examines how legal, political, and rights discourses, security policies and practices migrate and translate across the North Atlantic. By taking ‘field’ approach to the study of security practices, the volume is not constrained by national case study or the solipsistic debates within subfields and bridges legal, political, and sociological analysis. It will be of much interest to students of critical security studies, sociology, law, global governance and IR in general.
Contributors to this volume examine how the legislative, executive and administrative arms of government have responded to issues concerning the rights and status of refugees and asylum seekers in five common law jurisdictions: the UK, Australia, Canada, the USA and New Zealand.
By studying the multiple aspects of migration, specialists from various fields consider the individual logic in a social environment, political and identity discourses, sovereignty and security issues, migration as a vector of social transformation and migration as a human right.
I contend that the securitization of citizenship operates by making acquisition of a second citizenship less attainable for refugees and other forced migrants and, paradoxically, by making birthright citizenship itself less secure for certain members of diasporic communities who already possess dual nationality.
This essay focuses on policies adopted in one country of immigration – Canada – in order to explore the complex positioning of women within diasporic communities. The author’s interest lies in the approach that emphasizes the procedural aspect of citizenship and promotes the participation of members of various identity groups in the political, social, and judicial institutions that shape the national community.
Migration law asks three questions: Who gets in? On what terms? Who decides who gets in? In Canadian jurisprudence, the answers to these questions once depended on the interaction of domestic administrative case law with Canada’s international human rights obligations. With the advent of the Canadian Charter of Rights and Freedoms, a triangular relationship developed, and the answers are now caught in the messy nexus of three dyads: administrative law/international law, Charter/administrative law, and Charter/international law.
The Canadian government has used 9/11 and the consequential focus on security as a cover for negotiating an agreement with the United States which would deflect Canada-bound asylum seekers who pass through the United States. Is this agreement really about security? If not, what is the agreement about? The paper assesses the likely impact of the agreement on security - on Canada, on the US, and on refugees?
The article begins by setting out three functional attributes of borders: territoriality, sovereignty and security. It then explores how the events of September 11 and the response to date complicate these tacit associations between geopolitical borders and the nation-state's integrity. Finally, the author contends that the functionality of borders is being eroded even as - or perhaps because - the demand to fortify them in the name of security is reaching new levels of fervour.
Starting from the shared assumption that privatization signals a transition from welfare state to neo-liberal state, the authors illustrate the role of law in this process, and its impact on women and on the gender order. In doing so, the contributors lay bare the complex interplay between a globalized political economy, social reproduction and legal regulation, providing an important contribution to feminist political theory and legal theory. Of great relevance to political science and law practitioners scholars and students - especially those interested in the areas of public policy and the state - these essays contribute strongly to debates about gender and will attract a wide feminist audience.
This chapter examines how this experience of becoming a citizen is affected by, and in turn further entrenches, gender inequality. Although the law of immigration and naturalization comports with principles of formal gender equality, the law especially the law of immigration, has gendered effects.
This Essay examines the history of one particularly salient example of marriage- as-citizenship—the derivative domicile rule—and uses this history to consider how the relationship between marriage and citizenship has changed and developed over time. This essay argues that derivative domicile illustrates the dangers of uncritically eliding marriage and citizenship.
But what if family immigration is actually beneficial to the nation? This Article engages in a thought experiment. It asks: For what reasons might a nation like the United States decide to give an overwhelming number of its admission slots to family members of citizens and permanent residents? In considering this question, it not only looks to the (rather slim) evidence of what Congress actually did consider when enacting these provisions but also speculates more broadly about what the advantages of family-based immigration might be.
The central claim of this essay is that understanding annulment law can help us understand the function marriage currently serves in our culture. In a society with no-fault divorce, we might see the end of annulment: legislatures might abolish it, or judges might narrow its availability to make it functionally nonexistent.