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Attending to Latinx South American writing generates a more expansive understanding of how violence and migration shape Latinx literary history and narrative forms. This chapter elucidates the theoretical salience of el Hueco through its multiple significations as gap, hole, hollow, space of detention, liminal status, and form of undocumented migration. Likewise, the chapter demonstrates how the term desaparecido illuminates the emotional holes and the gaps in kinship structures left by those who are disappeared by state terror practices and immigration policies. Using texts by Karla Cornejo Villavicencio, Romina Garber, Juan Martinez, Carolina de Robertis, Ingrid Rojas Contreras, Daniel Alarcón, and Cristina Henríquez, the chapter demonstrates how prose narrative draws linkages between various kinds of state-perpetrated violence in the Américas. The chapter analyzes genres – from creative nonfiction to speculative fiction – and narrative strategies – from temporality and spectrality to focalization and characterization – to illuminate how Latinx South American fiction activates narrative as a form of reappearance and as a means of imagining different Latinx futurities.
This chapter explores diverging practices of extradition and deportation during the 1840s to 1860s. The early colonial government of Hong Kong faced a crisis of legitimacy as China contested its jurisdiction to discipline the thousands of Chinese migrants who flocked to the growing colony. In response, the colonial government promised to ‘protect’ Chinese subjects from lawlessness and arbitrary punishment. These promises buttressed the government’s tenuous claim to the right to keep the peace and to remove people to China discretionally, especially amid the unsettling Arrow War (1856–60). Throughout this period, governors gave themselves flexible powers of ‘rendition’, ‘banishment’, and ‘deportation’, while vesting other powers of policing and population control in a mercurial office of ‘Registrar General and Protector of Chinese Inhabitants’. Colonists, imperial officials, and British diplomats in China challenged these powers. Their contestations served to refine the colonial practice of extradition.
This chapter considers the experiences of those emigrants who did not respond to the call to arms and thus became draft evaders. With few exceptions, evading the Italian draft was actually quite easy for emigrants and brought no immediate consequences. Draft evasion simply meant that a man would decline to present himself at the consulate to arrange the trip home. The chapter explores the factors that influenced men to evade the draft, including the impact of family members, economic concerns and political beliefs. Socialists and anarchists, in particular, were militant draft evaders: some even left the United States for Mexico in order to avoid call-up to either the Italian or American armies. Treaties were signed between Italy and Britain and France for the reciprocal exchange of draft evaders although Italians were the primary target of the policy, while in Australia Italian draft evaders were rounded up and deported so that they could be enlisted into the Italian Army.
In February 1799, the British East India Company rounded up French civilians in Pondicherry and put them on a ship loaded with prisoners of war. The ship continued its journey to Portsmouth in England, by way of the Cape of Good Hope and St Helena. Handwritten lists were the main tool used to select these deportees. If analyzed superficially, colonial lists can seem to depoliticize the violence of deportation by presenting it as the answer to technical problems. Instead, this article approaches the list as a media technology employed by colonial and military officials, and thereby highlights its iterative rather than fixed nature. The lists were unstable and based on contingent and constantly evolving information that bureaucrats and army officers on the ground inherited from previous colonial regimes, as well as from local populations. The act of listing encapsulates a tension between the agents who identified, categorized, selected, and trapped people on paper, and the tactics of these people, who sometimes found creative ways to jam this process. As illustrated by the breakup of “mixed race” families, these paper documents also reveal the conflicts and contradictions that ran within the imperial state between the twin imperatives of maintaining both security and humanitarian principles.
This chapter concerns the situation of Jewish families, focusing on physical and emotional experiences and reflecting on elements of daily life. It emphasizes familial roles, hierarchies, and relations: between spouses, among children, and between children and parents. It tracks the phenomena of family solidarity and family atomization.
This chapter treats the daily life experiences of Jews who survived the Second World War in the interior regions of the Soviet Union. Included among this group were Soviet citizens who evacuated eastward ahead of invading German armies as well as refugees from Poland, the Baltic states, Romania, and Czechoslovakia.
This chapter explores Nazi violence against non-Jewish eastern Europeans during the Holocaust. It covers German anti-Slavic thought, the experience of Slavic peoples and POWs during the Nazi genocidal project, and issues of collaboration and complicity.
This chapter explains the antecedents and scope of “Aktion Reinhard” and its linkages to other aspects of Holocaust perpetration; discusses the interrelation between anti-Jewish measures in ghettos, camps in occupied Poland, and central planning (including Jews from Slovakia); and reflects on the importance of correlation between deportations and pre-/post-deportation in-situ mass violence (”Jew hunts”) in “the East.”
The Nuremberg Laws of 1935 prohibited marriage between people “of German blood” and Jews (including, in practice, “half-Jews”). So-called mixed marriages already in existence were subjected to persecutory measures. This chapter examines the fates of couples in mixed marriages and their “mixed-blood” children, both inside Germany and in Nazi-occupied Europe.
This chapter describes the “choiceless choices” of the leaders as circumstances changed over time and as a result of Nazi strategies of annihilation. Similarly, the chapter addresses the motivations and strategies of the Jewish police and its role at different stages of the “Final Solution” and how these decisions affected Jews according to gender, age, country of origin, and class.
Using examples from Germany, Austria, France, the Netherlands, and Belgium, this chapter discusses how Jewish leaders were chosen, how these organizations changed over time, the dilemmas they faced, and how decisions were made regarding cooperation or negotiations with Nazis, often on the basis of “preventing something worse.”
The analytical framework, “policy innovation through bureaucratic reorganization,” elucidates how the policy implementation process can be restructured to affect its outputs. Three steps from the framework are applied to the case of Republican officeholders between 1906 and 1913, who centralized their control over immigration, by adding naturalization and enforcement in the new Bureau of Immigration & Naturalization. The Roosevelt and Taft administrations used budgeting, staffing, and infrastructure to regulate immigration and naturalization laws, pivoting between easing and tightening them (resource adjustment). The shifts responded to coalitions for and against immigration (coalition management). Until the Bureau became obsolete and was reconfigured (system redesign). Although immigration was open in the Progressive Era, this study reveals how Republicans managed inflows with mixed results, leading to the structural foundation for the restrictive laws that followed. This furthers the immigration history and political control literatures as they emphasize policymaking through legislative and procedural, not structural, means.
This article presents a sociolegal study of decisions by a Canadian immigration tribunal on appeals for “humanitarian and compassionate” relief from criminal deportation. Drawing on the work of Émile Durkheim, we argue that the appeal decisions serve two legitimating functions. On the one hand, they seek to demonstrate the state’s capacity to ensure that the large-scale admission of mostly economic immigrants does not threaten the solidarity of Canadian society. On the other, the decisions address concerns about the justifiability of deportation by making vivid the moral incompetence of unsuccessful appellants, hence their unsuitability for membership.
Chapter 4 focuses on labor migration from Central Asia to Russia as the first exclusionary migration cycle. Growing migration after 2000 made Russia one of the world’s major migrant-receiving states. The chapter explains why Putin retained a visa-free regime with the much poorer former Soviet states of CA, allowing millions of their citizens free entry to Russia, where most stayed and worked with undocumented status. As the numbers of the ethnically distant Muslim migrants rose, welfare nationalist grievances emerged in the cities and regions where migrants were concentrated. Citing public opinion surveys, speeches by mayors and governors, election and party platforms, and mass media, the chapter shows how politicians framed and used welfare nationalist discourses to placate citizens and scapegoat migrants for declines in popular welfare. It highlights the role of sub-national officials in mobilizing anti-immigrant politics and channeling pressures for exclusionary policies to Putin. These pressures produced legislative and normative changes that progressively excluded migrant families from social sectors and subjected workers to increasing abuses, including deportations and other forms of exclusion. A sub-set of migrants who contributed to Russia’s national security were treated as more deserving.
This chapter seeks to demonstrate, among other things, that these dangers to personal liberty far outweigh the threats to human safety posed by serious ‘terrorist’ threats. The reader will acquire an appreciation of the obligation of states to protect their citizens from terrorism, including the debate as to whether terrorists possess human rights obligations. We shall then proceed to examine the most pertinent human rights violations in counter-terrorist operations. These include the application of the principle of legality to terrorist legislation, the permissibility of relevant derogations, the right to life and the practice of targeted killings, the various contours of unlawful detention against terrorist suspects, torture and ill-treatment in order to gather intelligence information and promote confessions and finally the practice of abductions, unlawful extraditions and illegal rendition. To be sure, counter-terrorist operations have been found to infringe a range of other civil and political rights, such as the freedom of expression and the right to a fair trial.
The conclusion opens with interwar debates on the deportation of women working in prostitution, highlighting how for many reformers, trafficking was a migration problem to be solved through migration controls. Rather than protecting vulnerable women, however, anti-trafficking policies that relied on exclusion and expulsion safeguarded the perceived vulnerability of national borders instead. The conclusion then turns to contemporary examples in which humanitarian efforts to protect “trafficking victims” serve as punishments instead, particularly if individuals are unable to rehearse the script of ideal victimhood, and embody its accompanying form of gendered sexual respectability. It closes with a discussion of French prostitution policy in the postwar period, including the abolition of regulationism in two stages, in 1946 and 1960; the domestic security law of 2003; and the criminalization of sex buyers (the “Nordic Model”) in 2016. In each of these examples, advocates framed the respective laws as humanitarian, progressive, and protective of sex workers. Yet all were efforts to moralize public space, promote law and order, and comply with a larger infrastructure of migration controls.
Immigration measures such as deportation are currently not regarded as punitive and there has been little exploration of this from a legal perspective. This paper will consider this issue in depth, covering little discussed case law from the European Court of Human Rights. It will also explore how this legal position on deportation does not reflect the findings of other disciplines such as criminology and sociology on how immigration measures are used and experienced as punitive. This paper will build on existing literature by demonstrating the significance of a recent development in UK law to this debate. Section 47 of the Nationality and Borders Act 2022 (NBA 2022) introduced a ‘stop the clock’ provision into the Early Removal Scheme for foreign national prisoners. This new provision may prompt the judiciary to revisit the question of whether deportation is punitive in some contexts.
This volume, part of the Feminist Judgment Series, shows how feminist legal theory along with critical race theory and intersectional modes of critique might transform immigration law. Here, a diverse collection of scholars and lawyers bring critical feminist, race and intersectional insights to Supreme Court opinions that deal with the source of the power to regulate immigration, state and local regulation of immigration, citizenship law, racial discrimination, employment law, access to public education, the rights of criminal defendants, the detention of noncitizens, and more. Feminist reasoning values the perspectives of outsiders, exposes the deep-rooted bias in the legal opinions of courts, and illuminates the effects of ostensibly neutral policies that create and maintain oppression and hierarchy. One by one, the chapters in this book reimagine the norms that drive immigration policies and practices. In place of discrimination and subordination, the authors here demand welcome and equality. Where current law omits the voice and stories of noncitizens, the authors here center their lives and experiences. Collectively, they reveal how a feminist vision of immigration law could center a commitment to equality and justice and foster a country where diverse newcomers readily flourish with dignity.
This volume, part of the Feminist Judgment Series, shows how feminist legal theory along with critical race theory and intersectional modes of critique might transform immigration law. Here, a diverse collection of scholars and lawyers bring critical feminist, race and intersectional insights to Supreme Court opinions that deal with the source of the power to regulate immigration, state and local regulation of immigration, citizenship law, racial discrimination, employment law, access to public education, the rights of criminal defendants, the detention of noncitizens, and more. Feminist reasoning values the perspectives of outsiders, exposes the deep-rooted bias in the legal opinions of courts, and illuminates the effects of ostensibly neutral policies that create and maintain oppression and hierarchy. One by one, the chapters in this book reimagine the norms that drive immigration policies and practices. In place of discrimination and subordination, the authors here demand welcome and equality. Where current law omits the voice and stories of noncitizens, the authors here center their lives and experiences. Collectively, they reveal how a feminist vision of immigration law could center a commitment to equality and justice and foster a country where diverse newcomers readily flourish with dignity.
This volume, part of the Feminist Judgment Series, shows how feminist legal theory along with critical race theory and intersectional modes of critique might transform immigration law. Here, a diverse collection of scholars and lawyers bring critical feminist, race and intersectional insights to Supreme Court opinions that deal with the source of the power to regulate immigration, state and local regulation of immigration, citizenship law, racial discrimination, employment law, access to public education, the rights of criminal defendants, the detention of noncitizens, and more. Feminist reasoning values the perspectives of outsiders, exposes the deep-rooted bias in the legal opinions of courts, and illuminates the effects of ostensibly neutral policies that create and maintain oppression and hierarchy. One by one, the chapters in this book reimagine the norms that drive immigration policies and practices. In place of discrimination and subordination, the authors here demand welcome and equality. Where current law omits the voice and stories of noncitizens, the authors here center their lives and experiences. Collectively, they reveal how a feminist vision of immigration law could center a commitment to equality and justice and foster a country where diverse newcomers readily flourish with dignity.