Managing citizenship, security, and rights : regulating marriage migration in Europe and North America.
This Article examines the astonishing array of doctrines used to determine what constitutes marriage fraud. Furthermore, the Article argues that marriage is an ineffective means for distributing public benefits that serve specific objectives; in other words, marriage is being asked to do too much work.
This Essay is a contribution to a symposium, “Modernizing Marriage through E-Marriage,” that focused on “E-marriage,” an idea developed by Professors Adam Candeub and Mae Kuykendall in their article Modernizing Marriage, 44 U. Mich. L. Reform 735 (2011).
This Article aims to study these two ways in which immigration law operated in the American West. To do so, it analyzes a particular group of immigrants in detail, both to answer the question of why the law refused to intervene and also to ascertain whether other laws—laws that do not look like restrictive immigration laws—functioned to shape the desired population in the new territories.
This article examines the accidental procreation argument through the lenses of anthropological theory, history, literature, and constitutional law. We conclude that marriage has sometimes been used to channel male heterosexuality into reproduction, but to argue that this goal is the sine qua non of marriage is to vastly oversimplify its history in both law and culture.
This Article takes a first step toward mapping the architecture of marriage regulation in immigration law. It compares immigration law’s regulation of marriage with that of traditional family law in each of the four stages of marriage and considers how immigration law might tell us something impor- tant about how Americans—or at least lawmakers—envision marriage today. The Article provides a taxonomy of reasons why Congress regulates marriage through immigration law and suggests how courts and scholars might determine the legiti- macy of congressional action in this area.
This Article argues that the Page Law was not a minor statute targeting a narrow class of criminals, but rather an attempt to prevent Chinese women in general from immigrating to the United States.
This article will focus on marriage related forms of migration in Cameroon and will reconsider the gendered nature of fortress Europe by critically questioning how regulatory technologies at consulate offices grant or withhold access to Europe to both men and women.
In anglophone Cameroon, migration brokers are widely admired public figures; however, testimonies of deceptions abound. How do emigration candidates who give money to these professional intermediaries consider the risk of being scammed ?
This article examines how street-level bureaucrats within migration control use their scope for discretionary powers. On the basis of two ethnographic studies of French consulates in Yaoundé and Tunis, we argue that state agents’ practices are significantly shaped by organizational constraints such as how decision-making processes are organized and the bureaucratic habitus, including the fear of fraud.
This article addresses the migration aspirations of young, lower middle-class Cameroonians living in Anglophone Cameroon. Deportations and prevention campaigns portray the negatives of migration, yet often have little impact because they assume that migrants’ aspirations are grounded in the prior success of other migrants. This research takes its lead from the question: Why aren’t aspiring migrants in Cameroon discouraged by migration failure?
This chapter explores migrants' cross-border arrangements of care for family members in their countries of origin, as well as their own care needs upon retirement.
This chapter focuses on disciplinary techniques of consulate officers vis-à-vis migration brokers and cross-border travellers. It contributes towards our understanding of so-called migration management by questioning a truth regime about how and why to differentiate between different actors that discipline migration. Within the policy domain, migration brokers are framed in terms of crimes and profit and state actors in terms of the law and transparency. This chapter openly asks what it takes to get a visa and in doing so queries connections between travel permits and money.
This paper analyses relations between aspiring migrants and migration brokers from the perspective of a place of departure, such as Anglophone Cameroon. The paper seeks to go beyond a statist perspective on so-called irregular migration by drawing on empirical insights into the perspectives of aspiring migrants, their family members, as well as on direct observations between migrants and brokers within their respective context.
Migration brokers are important participants within the increasingly commercialized policing of borders. Focusing on connections between migration brokers and state authorities, this paper asks how migration brokers relate to the realm of the law, as well as how the law relates to migration brokerage.
This chapter seeks to explain how this increase in human rights protection could come about. While some litigants are less powerful than others, they do not always stand alone. Increasing the scope of analyses makes it possible to include case law produced by more powerful actors. Their gains can offer strategic opportunities to those less powerful.