This book explores the criminalisation of irregular migration in Europe. In particular, it investigates the meaning, purpose, and consequences of criminalising unauthorised entry and stay. From a theoretical perspective, the book adds to the debate on the persistence of irregular migration, despite governments’ attempts at deterring it, by taking an interdisciplinary approach that draws from international political economy and criminology. Using Italy and France as case studies, and relying on previously unreleased data and interviews, it argues that criminalisation has no effect on migratory flows, and that this is due to factors including the latter’s structural determinants and the likely creation of substitution effects. Furthermore, criminalisation is found to lead to adverse consequences, including by contributing to vicious cycles of irregularity and insecurity.

This open access book provides an alternative theoretical framework of irregular migration that allows to overcome many of the contradictions and theoretical impasses displayed by the majority of approaches in current literature. The analytical framework allows moving from an interpretation biased by methodological nationalism, to a more general systemic interpretation. It explains irregular migration as a structural phenomenon or contemporary society, and why state policies are greatly ineffective in their attempt to control irregular migration. It also explains irregular migration as a diversified phenomenon that relates to the social characteristics of the context, and why states accept irregular migrants. By providing new comparative, empirical, qualitative material which allows to start filling an evident gap in the current research on irregular migration, this book is of interest to graduate students, scholars and policy makers.

Focusing on the dynamics of irregular immigration in Southern EU Member States, this book analyses how the phenomenon is managed at national and local levels in different legal and political systems. In doing so, it answers vital policy questions regarding the continued existence of irregular migration, pathways to legality, and relations between unauthorized migrants and receiving societies. The author argues that while the economic crisis and migrant flows coming from the South and East of the Mediterranean Sea have called this regime into question, it is the needs of labour markets in Southern Europe and compliance with European Union rules that has had a more dominant effect. The particular manner in which labour markets, political actors, social institutions, and migrants’ networks intersect are shown to be distinctive features of the migration regime in this region. Describing bordering and debordering practices, from the island of Lampedusa to local communities in distant regions, this book brings fresh insights to urgent areas of debate within the field. It analyses why many irregular immigrants are socially accepted, such as women who perform domestic and care activities, whereas others are rejected and marginalized, as is often the case for asylum seekers, despite having permission to reside. Drawing together twenty years of research and addressing the current crisis, it will appeal to policy-makers, students and scholars of migration.

This open access book explores the conceptual challenges posed by the presence of migrants with irregular immigration status in Europe and the evolving policy responses at European, national and municipal level. It addresses the conceptual and policy issues raised, post-entry, by this particular section of the migrant population. Drawing on evidence from different parts of Europe, the book takes the reader through philosophical and ethical dilemmas, legal and sociological analysis to questions of public policy and governance before addressing the concrete ways in which those questions are posed in current policy agendas from the international to the local level. As such this book is a valuable read to researchers, practitioners and policy makers as well as to students working on irregular migration in Europe in a comparative and/or country based perspective.

In our globalised world, where inequality is deepening and migration movements are increasing, states continue to maintain strong regulatory control over immigration, health and social policies. Arguments based on state sovereignty can be employed to differentiate irregular migrants from other groups and reduce their right to physical and mental health to the provision of emergency medical care, even where resources are available. Drawing on the enabling and constraining factors of human rights law and public health, this book explores the scope and limits of the right to health of migrants in irregular situations, in international and European human rights law. Addressing these peoples' health solely with an exceptional medical paradigm is inconsistent with the special attention granted to people in vulnerable situations and non-discrimination in human rights, the emerging rights-based approach to disability, the social priorities of public health and the interdependence of human rights.

Focusing on care workers for the elderly, this book examines the paradoxical position of irregular migrants in European society, who are often labelled as 'illegal' residents but who in fact provide much needed, essential support to welfare systems.

Deportation has again taken a prominent place within the immigration policies of nation-states. Irregular Citizenship, Immigration, and Deportation addresses the social responses to deportation, in particular the growing movements against deportation and detention, and for freedom of movement and the regularization of status. The book brings deportation and anti-deportation together with the aim of understanding the political subjects that emerge in this contested field of governance and control, freedom and struggle. However, rather than focusing on the typical subjects of removal – refugees, the undocumented, and irregular migrants – Irregular Citizenship, Immigration, and Deportation looks at the ways that citizens get caught up in the deportation apparatus and must struggle to remain in or return to their country of citizenship. The transformation of ‘regular’ citizens into deportable ‘irregular’ citizens involves the removal of the rights, duties, and obligations of citizenship. This includes unmaking citizenship through official revocation or denationalization, as well as through informal, extra-legal, and unofficial means. The book features stories about struggles over removal and return, deportation and repatriation, rescue and abandonment. The book features eleven ‘acts of citizenship’ that occur in the context of deportation and anti-deportation, arguing that these struggles for rights, recognition, and return are fundamentally struggles over political subjectivity – of citizenship. This book will be of interest to students and scholars of citizenship, migration and security studies.

This thorough analysis of immigration governance in Spain explores the dynamics of inclusion and exclusion at play at one of Europe’s southern borders. David Moffette analyzes Spain’s processes of immigration governance and reveals the complicated series of legal obstacles facing many migrants. Differential access to border mobility is a central concern of contemporary politics, and nowhere is this more apparent than in the European Union, where external borders have been strengthened to prevent irregular entry and internal borders have been removed to promote free circulation. Moffette draws on interviews with policymakers and on more than three decades of parliamentary debates, laws, and policy documents to show that culture, labour, and security issues intersect to create a regime of migration governance that is at once progressive and repressive. A detailed empirical analysis of Spanish immigration policy, this book provides a thought-provoking and insightful contribution to debates in socio-legal, border, and citizenship studies.

Immigration has emerged as the defining issue of our times. [] The challenge that the immigration issue poses to the future of European democracy is real. Immigration itself is a genuine challenge, but the fundamental challenge that immigration brings to the fore is a domestic one, it is about fundamentally different political visions that cut through the citizenry of Europe's nation states. With that, it becomes critically important how these nation-states, through their democratic institutions, tackle immigration.[] we need both the scholarly analysis and reflection presented in this volume, and we need informed political innovation within and between Europe's nation-states.- from the Foreword by Prof. Dr. Kristian Berg Harpviken, Peace Research Institute Oslo[] In result, Europe, to its series of recent big questions [] had to add another one: migrants stand ante portas and what to do with them?[] We have chosen to look at the extent to which the past, the present and the future of irregular migration to Europe relates to the foundational values and principles on which Europe has been built, namely democracy, the rule of law (Rechtsstaat) and the respect for fundamental rights. We focus on those people who seek in Europe various forms of help, motivated by war or other injustices in the places where they come from.[] the main aim of our book was to join the voluminous professional and academic literature on migration and to offer a few modest suggestion in which direction Europe should go whenever irregular migrants stand ante portas.- from the Preface by the EditorsThis is a timely and elaborate volume interested in the question to what extent the challenge of irregular migration poses a challenge to democracy. The authors approach this issue from different ethical, legal and political angles. They do not shy away from developing concrete recommendations as to what the European Union could do when faced with migratory pressures. Overall, therefore, a highly recommendable contribution.- Prof. Dr. Florian Trauner, Vrije Universiteit Brusse