Beyond Borders: The Human Rights Of Non-Citizens At Home And Abroad

Description

States have long denied basic rights to non-citizens within their borders, and international law imposes only limited duties on states with respect to those fleeing persecution. But even the limited rights previously enjoyed by non-citizens are eroding in the face of rising nationalism, populism, xenophobia, and racism. Beyond Borders explores what obligations we owe to those outside our political community. Drawing on contributions from a broad variety of disciplines – from literature to political science to philosophy – the volume considers the failures of law and politics to guarantee rights for the most vulnerable and attempts to imagine new forms of belonging grounded in ideas of solidarity, empathy, and responsibility in order to identify a more robust basis for the protection of non-citizens at home and abroad. Cover Half-title Title page Copyright information Dedication Contents Notes on Contributors Acknowledgments 1 Introduction: The Human Rights of Non-citizens Part I: The Failure of Rights Part II: Belonging across Borders Conclusion Part I The Failure of Rights 2 The Unmaking of Citizens: Shifting Borders of Belonging Introduction Citizenship in International and Domestic Law Citizenship and Its Exclusions Indigenous Peoples Ethnic and Racial Minorities Women The Stateless Citizenship Deprivation National Security Criminal Behavior Minority Status Conclusion 3 Zero Humanity: The Reality of Current US Immigration Policy toward Central American Refugee Children and Their Families Introduction The United States' International and Constitutional Obligations to Non-citizens Family Separation Externalizing Humanitarian Responsibility Rights-Respecting and Feasible Alternatives 4 Australia's Extraterritorial Border Control Policies Stopping the Planes Carrier Sanctions Airline Liaison Officers Use of Technology Stopping the Boats Extraterritorial Processing and Detention of Asylum Seekers and Refugees Arriving by Boat Interdiction at Sea Evaluating the Legality of Australia's Policies Refoulement of Refugees Access to Territory Arbitrary Detention Poor Conditions of Detention Conclusion 5 Protection through Revisionism?: UNHCR, Statistical Reporting, and the Representation of Stateless People Introduction From Refugees to Stateless Persons: Institutional Developments UNHCR's Data on Stateless People Who Is Stateless? And Where Do They Live? Redefining Statelessness and Developing Data Counting and Miscounting Stateless People The Politicization of Data Operational Challenges and Methodological Solutions Recommendations Conclusion 6 Reflections on Anti-immigration Narratives and the Establishment of Global Apartheid Apartheid Ideology: A Persistent World Order Narratives of Immigrants as a Threat and Criminalization of Immigrants and Their Movements Control and Restriction of Immigrants' Movements Immigration Restriction and Immigrants' Control in the United States US Immigration Policy and the Southern Border Immigration Restriction and Control of Immigrants in Europe The Creation of Migrant Vulnerability Vulnerability in the Immigration Process Living under the Threat of Deportation The Emergence of a Desperate, Disposable, and Cheap Labor Force Establishment of Subtle and Racist Mechanisms of Control, Removal, and Exploitation of Immigrants Border Closure for Political, Humanitarian, and Security Reasons ''Voluntary'' Return Programs Enacted by Racist Ideologies Free Trade Agreements Preserving Wealth among a Minority Conclusions Part II Belonging across Borders 7 Imagining New Forms of Belonging: The Futurity of the Stateless History and Belonging The Claims on the ''Beloved Witness'' 8 ''Either I Close My Eyes or I Don't'': The Evolution of Rights in Encounters between Sovereign Power and ''Rightless'' Migrants Herrou: ''There Are People Dying on the Side of the Road. It's Not Right.'' The Rescue Captains, Rackete and Klemp: The ''Crime of Solidarity'' Warren: Water in the Desert The Potential Power and Limitations of Fraternity Fraternity Solidarity Necessity The (Re-)Birth of Rights through Fraternity, Solidarity, and Necessity 9 Do Non-citizens Have a Right to Have Economic Rights?: Locke, Smith, Hayek, and Arendt on Economic Rights The State and the Market: John Locke Adam Smith: ''Free'' Market and Economic Rights Friedrich von Hayek: Capitalism and Economic Security Arendt on the Right to Have Rights A Right to Economic Belonging? 10 Human Rights Are Not Enough: Understanding Noncitizenship and Noncitizens in Their Own Right Introduction Why Noncitizen Rights Noncitizen Rights and Global Justice Contemporary Citizenships and Fuzzy Citizen Rights Conclusion: Understanding Noncitizenship and Noncitizens in Their Own Right 11 Uncertainty and Educational Mismatch: Schooling and Life Pursuits in Contexts of Illegalization Education and Illegalization Pre-DACA Illegalization, Precarization, and Uncertainty Post-DACA Discussion and Conclusion: Educational Mismatch 12 Constructing Human Rights: State Power and Migrant Silence The Project of Human Rights Law The Human Rights of Migrants Human Rights Law's Silences Filling the Silences with Migrants' Voices Index