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.
Author(s): Molly Katrina Land, Kathryn Rae Libal, Jillian Robin Chambers
Edition: 1
Publisher: Cambridge University Press
Year: 2021
Language: English
Commentary: TruePDF
Pages: 240
Tags: Aliens: Congresses; Human Rights: Congresses; Conference Papers And Proceedings
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
