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 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.

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.

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.

Irregular migrants complicate the boundaries of citizenship and stretch the parameters of political belonging. Comprised of refugees, asylum seekers, "illegal" labor migrants, and stateless persons, this group of migrants occupies new sovereign spaces that generate new subjectivities. Investigating the role of irregular migrants in the transformation of citizenship, Anne McNevin argues that irregular status is an immanent (rather than aberrant) condition of global capitalism, formed by the fast-tracked processes of globalization. McNevin casts irregular migrants as more than mere victims of sovereign power, shuttled from one location to the next. Incorporating examples from the United States, Australia, and France, she shows how migrants reject their position as "illegal" outsiders and make claims on the communities in which they live and work. For these migrants, outsider status operates as both a mode of subjectification and as a site of active resistance, forcing observers to rethink the enactment of citizenship. McNevin connects irregular migrant activism to the complex rescaling of the neoliberal state. States increasingly prioritize transnational market relations that disrupt the spatial context for citizenship. At the same time, states police their borders in ways that reinvigorate territorial identities. Mapping the broad dynamics of political belonging in a neoliberal era, McNevin provides invaluable insight into the social and spatial transformation of citizenship, sovereignty, and power.

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.

This edited volume approaches waiting both as a social phenomenon that proliferates in irregularised forms of migration and as an analytical perspective on migration processes and practices. Waiting as an analytical perspective offers new insights into the complex and shifting nature of processes of bordering, belonging, state power, exclusion and inclusion, and social relations in irregular migration. The chapters in this book address legal, bureaucratic, ethical, gendered, and affective dimensions of time and migration. A key concern is to develop more theoretically robust approaches to waiting in migration as constituted in and through multiple and relational temporalities. The chapters highlight how waiting is configured in specific legal, material, and socio-cultural situations, as well as how migrants encounter, incorporate, and resist temporal structures. This collection includes ethnographic and other empirically based material, as well as theorizing that cross-cut disciplinary boundaries. It will be relevant to scholars from anthropology and sociology, and others interested in temporalities, migration, borders, and power. The Open Access version of this book, available at http://www.tandfebooks.com , has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license.

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 book is an exploration of the relationship between irregular migrants, many originating from southern Philippines and the sea, in their struggle against the realities of state power in Sabah. As their numbers grow exponentially into the 21st century, the only solution currently provided by the Malaysian government is routine repatriation. Yet, despite increased border security, they continue to return. Thus the question: why do deported migrants return, time and again, despite the serious risk of being caught? This book explores the ways in which these irregular migrants contest inconvenient national sea boundaries, the trauma of detention and deportation, and other impositions of state power by drawing on supernatural support from the sea itself. The sea empowers them, and through individual narratives of the sea, we learn that the migrants’ encounter with the state and its legal system only intensifies rather than discourages their relationship with the Malaysian state.

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.