Illegality Regimes: Mapping the Law of Irregular Migration

Edited by Juan M. Amaya-Castro (VU University) and Bas Schotel (University of Amsterdam) Recent years have seen the development of increasingly sophisticated legal and policy approaches to address the phenomenon of irregular immigration. Many states have moved beyond traditional means of law enforcement, such as criminalization, without necessarily abandoning them. In addition, they have begun to employ other areas of law (such as administrative law and labor law) in pursuit of controlling irregular immigration. For example, the verification of legal residence status, by means of ID-controls, has become increasingly necessary in the day to day life of all people: citizens and non-citizens alike. Private citizens, and not government agents, are evolving into the primary enforcers of these policies, as they have been made legally responsible for the control of legal residence status, for example in the case of employment. These legal and policy instruments have sometimes been justified with reference to economic theories, such as 'attrition through enforcement', the broken window theory, and most recently 'self-deportation', a term that ironically originated in a stand-up sketch performed by two Hispanic comedians in the mid '90s, and has since then been promoted to a major policy proposal in the Romney campaign for the US presidential elections. Among economic scholars, a debate about the (lack of) effectiveness of these policies has been growing the last couple of years. What is still absent, however, is a more rigorous analysis by legal and other social science scholars. This special issue aims to explore the more systemic dimensions of these responses to irregular migration.

Published: 12-18-2014