Selected Online Reading on Migration: EU Law, Border Control and Security

This insightful book discusses how states deploy frontier and digital technologies to manage and control migratory movements. Assessing the development of blockchain technologies for digital identities and cash transfer; artificial intelligence for smart borders, resettlement of refugees and assessing asylum applications; social media and mobile phone applications to track and surveil migrants, it critically examines the consequences of new technological developments and evaluates their impact on the rights of migrants and refugees.Chapters evaluate the technology-based public-private projects that govern migration globally and illustrate the political implications of these virtual borders. International contributors compare and contrast different forms of political expression, in both personal technologies, such as social media for refugees and smugglers, and automated decision-making algorithms used by states to enable migration governance. This timely book challenges hegemonic approach to migration governance and provides cases demonstrating the dangers of employing frontier technologies denying basic rights, liberties and agencies of migrants and refugees.Stepping into a contentious political climate for migrants and refugees, this provocative book is ideal reading for scholars and researchers of political science and public policy, particularly those focusing on migration and refugee studies. It will also benefit policymakers and practitioners dealing with migration, such as humanitarian NGOs, UN agencies and local authorities. 

This book draws together empirical contributions which focus on conceptualising the lived realities of time and temporality in migrant lives and journeys. This book uncovers the ways in which human existence is often overshadowed by legislative interpretations of legal and illegalised. It unearths the consequences of uncertainty and unknowing for people whose futures often lay in the hands of states, smugglers, traffickers and employers that pay little attention to the significance of individuals' time and thus, by default, their very human existence. Overall, the collection draws perspectives from several disciplines and locations to advance knowledge on how temporal exclusion relates to social and personal processes of exclusion. It begins by conceptualising what we understand by 'time' and looks at how temporality and lived realities of time combine for people during and after processes of migration. As the book develops, focus is trained on temporality and survival during encampment, border transgression, everyday borders and hostility, detention, deportation and the temporal impacts of border deaths. This book both conceptualises and realises the lived experiences of time with regard to those who are afforded minimal autonomy over their own time: people living in and between borders.

This book analyses the allocation of responsibility for human rights violations that occur in the context of border control or return operations coordinated by Frontex. The analysis is conducted in three parts. The first part examines the detailed roles and powers of Frontex and the states involved during joint operations, focussing on the decision-making processes and chains of command. The second and third parts develop general rules that govern the allocation of responsibility under public international law, ECHR law, and EU non-contractual liability law in order to apply them to Frontex operations. To illustrate the practical implications of the findings, the study uses four hypothetical scenarios that are based on situations that have in the past given rise to human rights concerns. The book concludes that whilst responsibility for most human rights violations lies with the host state of an operation, it often shares this responsibility with participating states who contribute large assets as well as Frontex. However, the book also exposes how difficult it is for individuals to find a place for bringing complaints against violations of their human rights suffered at the EU's external borders. This casts doubts on whether the current legal framework offers them an effective remedy.

Over the last few decades, both the European Union and European States have been implementing various strategies to externalize border controls with the declared intent of saving human lives and countering smuggling but with the actual end result of shifting borders, circumventing international obligations and ultimately preventing access to Europe. What has been principally deplored is the fact that externalizing border controls risks creating "legal black holes". Furthermore, what is particularly worrying in the current European debate is the intensification of this practice by multiple arrangements with unsafe third countries, exposing migrants and asylum seekers to serious human rights violations. This book explores whether European States can succeed in shifting their responsibility onto Third States in cases of human rights violations. Focusing in particular on the 2017 Italy-Libya Memorandum of Understanding, the book investigates the possible basis for triggering the responsibility of outsourcing States. The second part of the book examines how the Italy-Libya MoU is only a small part of a broader scenario, exploring EU policies of externalization. A brief overview of the recent decisions of the EU Court vis-à-vis two aspects of externalization (the EU-Turkey statement and the issue of humanitarian visas) will pave the way for the conclusions since, in the author's view, the current attitude of the Luxembourg Court confirms the importance of focusing on the responsibility of European States and the urgent need to investigate the possibility of bringing a claim against the outsourcing States before the Court of Strasbourg. Offering a new perspective on an extremely topical subject, this book will appeal to students, scholars and practitioners with an interest in European Law, International Law, Migration and Human Rights.

Since the 1990s, biometric border control has attained key importance throughout Europe. Employing digital images of, for example, fingerprints, DNA, bones, faces or irises, biometric technologies use bodies to identify, categorize and regulate individuals' cross-border movements. Based on innovative collaborative fieldwork, this book examines how biometrics are developed, put to use and negotiated in key European border sites. It analyses the disparate ways in which the technologies are applied, perceived and experienced by border control agents and others managing the cross-border flow of people, by scientists and developers engaged in making the technologies, and by migrants and non-government organizations attempting to manoeuvre in the complicated and often-unpredictable systems of technological control. Biometric technologies are promoted by national and supranational authorities and industry as scientifically exact and neutral methods of identification and verification, and as an infallible solution to security threats. The ethnographic case studies in this volume demonstrate, however, that the technologies are, in fact, characterized by considerable ambiguity and uncertainty and subject to substantial subjective interpretation, translation and brokering with different implications for migrants, border guards, researchers and other actors engaged in the border world.

Examining how migrants appropriate mobility in the context of biometric border controls, this volume mobilises new analytics and empirics in the debates about the politics of migration and provides an analytically effective and politically significant tool for the study of contemporary migration. Drawing from the tension between the EU's attempt to achieve watertight border controls by means of biometric technologies, and migrants¿ persistence to move to and live in the EU, the volume pursues two interrelated objectives: first, it studies the encounters between migrants and the Visa Information System (VIS), one of the largest biometric databases in the world, from the perspective of mobility in order to investigate how migrants appropriate mobility via Schengen visa within and against this biometric border regime. Second, it addresses criticisms of autonomy of migration in order to develop it as a viable approach for border, migration and critical security studies. Hence, the book is driven by two interrelated research questions: what does the assertion of moments of autonomy of migration refer to in the context of border regimes that use biometrics to turn migrants¿ bodies into a means of mobility control? And how do migrants appropriate mobility via Schengen visa within and against biometric border regimes? This book will be of great interest to scholars in border, migration and critical security studies, as well as researchers engaged in citizenship studies, surveillance studies, political theory, critical IR theory and international political sociology.

This book analyses the extent and the modalities of the securitization of asylum-seekers and refugees in the EU. It argues that the development of the EU asylum policy, far from 'securitizing' asylum-seekers and refugees, has led to the strengthening and codification of several rights for these two categories of persons. However, the securitization of terrorism and the links that have been constructed between asylum, irregular migration and terrorism in the wake of the various terrorist attacks that have taken place in Europe in the last few years have had a significant impact on the ability of asylum-seekers to gain access to asylum systems in the EU. From a theoretical point of view, the book develops an original analytical framework that draws upon and further develops security studies - more precisely securitization theory - by connecting it to the literature on policy venues and venue-shopping. It therefore makes a significant contribution to the debates on both securitization and migration. Empirically examining the entire development of the EU's policy towards asylum-seekers and refugees, from its origins in 1993, this book will be of great interest to students of European and EU politics, refugees, migration, security, terrorism and counter-terrorism, security studies and International Relations.

Border walls, shipwrecks in the Mediterranean, separated families at the border, island detention camps: migration is at the centre of contemporary political and academic debates. This ground-breaking Handbook offers an exciting and original analysis of critical research on themes such as these, drawing on cutting-edge theories from an interdisciplinary and international group of leading scholars. With a focus on spatial analysis and geographical context, this volume highlights a range of theoretical, methodological and regional approaches to migration research, while remaining attuned to the underlying politics that bring critical scholars together. Divided into six thematic sections, including new areas in critical migration research, the book covers the key questions galvanizing migration scholars today, such as issues surrounding refugees and border militarization. Each chapter explores new themes, expanding on core theories to convey fresh insight to contemporary research. A key resource for migration, refugee and border studies this Handbook provides an in-depth analysis of the topic, covering a vast array of research ideas with a specific focus on the geographical aspects of migration. Scholars working on migration, refugees, asylum, transnationalism, humanitarianism and borders will find this an invaluable read.

Since the Frontex Border Agency's establishment in 2004, its activities have foregrounded the complexity and difficulty of protecting the human rights of those seeking access to the European Union. In this connection, protection from refoulement should be paramount in the Agency's work. By navigating through the intricacies of Frontex's structure and working methods, this book answers abiding questions: which circumstances would trigger European Union responsibility if violations were to occur in Frontex's joint operations? What is the legal standing of the principle of non-refoulement in relation to Frontex's activities? Can Frontex be entrusted with an exclusive search and rescue mandate? This book offers a theoretical and practical insight into the legislative intricacies of Frontex's work, examining the responsibility of the EU, and scrutinising the interaction of international law and EU law with a focus on the principle of non-refoulement.

Since the past few years, the considerable influx of refugees to the EU has led to a profound reconceptualisation of its immigration control strategy, with emphasis on the co-option of new partners, such as the private sector or third countries, and the prevention of movement through extraterritorial controls. The externalisation of immigration control has also been increasingly linked with the securitisation and criminalisation of asylum, particularly in the form of tackling human smuggling to which those in need usually resort to. This edited volume that comprises of contributions by both legal scholars and practitioners, provides a multi-faceted overview of these legal responses and examines their implications from a human rights and rule of law perspective.

This book looks into the processes of change and renewal of border control and border security and management during the past 30 years after the fall of the Iron Curtain, and the immense challenges in nation-building in South-Eastern Europe after the collapse of former Yugoslavia in relation to strategic security management. The abolition of border controls within the Schengen area and simultaneous introduction of necessary replacement measures was an additional topic. The book provides an insight into which the European Union is competent in the reform and modernisation of state law enforcement agencies for ensuring effective border control, border surveillance and border management in line with the EU acquis communautaire and EU standards. In the 21st century, along with the process of globalisation, a constantly evolving security environment creates new dimensions of threats and challenges to security and stability of transnational nature. This seeks for comprehensive, multidimensional, collective and well-coordinated responses. The European Union, Organization for Security and Co-operation in Europe, United Nations, as well as other international organisations are able to really contribute to developing cooperative and coordinated responses to these threats by relying on its broad membership and profound expertise and experience. According to the position of the European Union, a modern, cost-benefit-oriented and effective border management system should ensure both, open borders as well as maximum of security at the same time. Thus, the Union's endeavour is to safeguarding internal security to all member states through preventing transnational threats, combating irregular migration and any forms of cross-border crime for ensuring smooth border crossings for legitimate travellers and their belongings, goods and services. That is why the Union's concept of Integrated Border Management has been developed to ensure effective border control and surveillance and cost-efficient management of the external borders of the European Union. The Union's policy is and will continue to be developed on the basis of the three main areas in place: common legislation, close operational/tactical cooperation and financial solidarity. In addition, Integrated Border Management has been confirmed as a priority area for strengthening the cooperation with third countries in the European Commission's strategic security management approach, where non-EU countries are encouraged as partners to upgrade their border security, surveillance and border management systems.

This insightful book thoroughly examines how the EU's return acquis is inspired by, and integrates, international migration and human rights law. It also explores how this body of EU law has shaped international law-making relating to the removal of non-nationals.Set against the background of the classic doctrine on the 'autonomy of EU law' and the EU's objective to 'develop international law', Tamás Molnár depicts a legally sound and elaborate picture of the EU's return acquis vis-à-vis international law, both internally and externally. From the perspective of the EU legal order, it offers important insights into this field from both a constitutional perspective and from the point of view of the substantive area of migration law. Chapters provide in-depth analysis of the EU's return-related legislative developments reflecting international law and the expanding return-related jurisprudence of the EU Court of Justice.Bridging the gap between EU and international law, which both have unique characteristics and are often studied in different spheres, this book will appeal to academics and practising lawyers dealing with the expulsion of migrants in irregular situations. It will also be a useful read for law scholars, practitioners and postgraduate students who wish to further their understanding of the interactions between these two legal orders.

As the law and politics of migration become increasingly intertwined, this thought-provoking Research Handbook addresses the challenge of analysing their relationship. Discussing the evolving theoretical approaches to migration, it explores the growing attention given to the legal frameworks for migration and the expansion of regulation, as migration moves to the centre of the global political agenda.The Research Handbook demonstrates that the overlap between law and politics puts the rule of law at risk in matters of migration as advocates around the globe increasingly turn to law to address the challenges of new migration politics. Presenting a fresh mapping of current issues in the field, it focusses on institutions of migration and analyses the securitization of migration management and the strengths and weaknesses of the Global Compact for Safe, Orderly and Regular Migration. Written by leading scholars specialising in a range of disciplines, the Research Handbook on the Law and Politics of Migration will be an illuminating read for academics and students of migration studies with backgrounds in law, politics, criminology, sociology, history, geography and beyond.

This volume examines the implementation of the Return Directive from the perspective of judicial dialogue. While the role of judges has been widely addressed in European asylum law and EU law more generally, their role in EU return policy has hitherto remained under explored. This volume addresses the interaction and dialogue between domestic judiciaries and European courts in the implementation of European return policy. The book brings together leading authors from various backgrounds, including legal scholars, judges and practitioners. This allows the collection to offer theoretical and practical perspectives on important questions regarding the regulation of irregular migration in Europe, such as- what constitutes inadequate implementation of the Directive and under which conditions can judicial dialogue solve it? How can judges ensure that the right balance is struck between effective return procedures and fundamental rights? Why do we see different patterns of judicial dialogue in the Member States when it comes to particular questions of return policy, for example regarding the use of detention? These questions are more timely than ever given the shifting public discourse on immigration and the growing political backlash against immigration courts. This book will be essential reading for all scholars and practitioners in the fields of immigration law and policy, EU law and public law.

In recent years the UNHCR has expressed increasing concern at how war, violence and persecution have resulted in an age of unprecedented mass displacement. The global financial crisis, the rise of populist leaders, and the growth of anti-EU parties, raises the need to interrogate the 'refugee', 'migrant', 'citizen', 'stateless', 'legal', and 'illegal' as concepts. This Research Handbook maintains that refugees need to be seen as core indicators of the failure of national, international, economic, and political governance, and provides critical analyses of the legal ordering of refugees, giving a glimpse at what the future of refugee law could - and should - look like.Bringing together experts in the field, the innovative and groundbreaking chapters provide a critical perspective on the legal landscape for refugees at a time when the politics and legitimacy of transnational regulatory governance are in question as never before. In an age of growing ethnic nationalism and anti-immigrant rhetoric, the contributing authors examine key issues surrounding refugees and migration, and build a new outlook on social justice, as the post-war international order ends.With its informative analysis and moving accounts, this Research Handbook will be a critical tool for students of law, especially those with an interest in human rights and migration. Its insights will also be valuable for policy practitioners and policymakers.

This open access book provides a unique study of the complexities and consequences of irregular legal status of Senegalese migrants in Europe.  It employs sophisticated quantitative methods to analyze unique life-history data to produce policy-relevant conclusions. Using the MAFE dataset as empirical evidence, the book focuses on the legal paths of Senegalese migrants in three different European countries. It shows how multiple contexts of reception produce pathways into irregular legal status and how the resulting complex configurations of irregular status shape migrants' economic integration into their host societies as well as their ongoing participation in the development of their sending societies.  The book thereby increases our understanding of the functioning of African migration systems and the corresponding inclusion patterns in Europe.  As such this book will be of interest to scholars working in migration studies, policy makers, and legal professionals.

This book studies the topic of forced climate migrants (commonly referred to as "climate refugees") through the lens of international law and identifies the reasons why these migrants should be granted international protection. Through an analysis focused on climate change and human rights international law, it points out the legal principles and rules upon which an international obligation to protect persons forced to migrate due to climate change is emerging. Sciaccaluga advocates for a state obligation to protect climate migrants when their origin countries have become extremely environmentally fragile due to climate change--to the point of becoming unable to guarantee the exercise of inalienable human rights in their territories. Turning to the future, this book then investigates the current elements on which a "forced climate migrants law" could be built, ultimately arguing for the duty to provide some form of assistance to forced climate migrants in a third state within the international legal system.

Refugees and migration are not a new story in the history of humankind, but in the last few years, against a backdrop of huge numbers of migrants, especially from war-torn countries, they have again been a topic of intensive and contentious discussion in politics, the media and scientific publications. Two United Nations framework declarations on the sustainable development goals and on refugees and migrants adopted in 2016 have prompted the editors - who have a background in international criminology - to invite 60 contributors from different countries to contribute their expertise on civic education aspects of the refugee and migrant crisis in the Global North and South. Comprising 35 articles, this book presents an overview of the interdisciplinary issues involved in irregular migration around the world. It is intended for educationists, educators, diplomats, those working in mass media, decision-makers, criminologists and other specialists faced with questions involving refugees and migrants as well as those interested in improving the prospects of orderly, safe, regular and responsible migration in the context of promoting peaceful and inclusive societies for sustainable development. Rather than a timeline for migration policies based on "now", with states focusing on "stopping migration now", "sending back migrants now" or "bringing in technicians or low-skilled migrant workers now", there should be a long-term strategy for multicultural integration and economic assimilation. This book, prefaced by François Crépeau, the United Nations Special Rapporteur on the human rights of migrants, and William Lacy Swing, Director-General of the International Organization for Migration, addresses the question of the rights and responsibilities involved in migration from the academic and practical perspectives of experts in the field of social sciences and welfare, and charts the way forward to 2030 and beyond, and also beyond the paradigm of political correctness. 

This monograph could not be more timely, as discourses relating to refugees' access to territory, rescue at sea, push-back, and push-back by proxy dominate political debate. Looking at the questions which lie at the junction of migration control and refugee law standards, it explores the extent to which readmission can hamper refugees' access to protection. Though it draws mainly on European law, notably the European Convention on Human Rights, it also examines other international frameworks, including those employed by the United Nations and instruments such as the Refugee Convention. Therefore, this book is of importance to readers of international law, refugee law, human rights and migration studies at the global level. It offers an analysis of both the legal and policy questions at play, and engages fully with widely-disputed cases concerning readmission agreements, deportation with assurances and interception at sea. By so doing, this book seeks to clarify a complex field which has at times suffered from partiality in both its terminology and substance.

This book provides an important new analytical framework for making sense of return, remigration and circular mobility, conceptualising them as different phases of a wider migration process. Using an in-depth case study of Albania and its two main destination countries, Italy and Greece, the book demonstrates that instead of being viewed as a linear path between origin and destination, migration should be seen as a segmented, or cyclical pattern that may involve several localities and more than two countries. Characterised by important previous historical, social, economic and political linkages, geographical proximity but also high migration volatility and sustained flows in either directions, Albanian migration to Italy and Greece offers an optimal case study for analysing complex return, reintegration and mobility processes. While interesting as a unique regional migration system, the lessons learned cast light on important migration and mobility dynamics that are relevant for labour migration in Europe, also from other important migrant origin countries in the EU's neighbourhood such as for instance Morocco or the Ukraine. This rich theoretical and empirical study will be of interest to researchers within European Studies and Migration Studies, as well as providing a useful contribution to policy debates on how to govern return migration, reintegration and circular migration.

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.

Do migrants lead to an increase of crime rates in their host societies? This highly contentious issue has become a mainstay in the political debate and a lightning rod for the galvanization of populist movements, despite often lacking any empirical support. In this game-changing book, the authors examine what the existing data actually says, and provide their own novel evidence on the immigration-crime connection. Taking the unusual approach of analysing the subject from an economic perspective, the authors build on the pioneering work of Nobel Prize winner Gary Becker to construct their innovative arguments. By considering evidence from different countries, with a focus on establishing causal relationships, the authors are able to analyse not only if migrants do cause crime but also whether migration policies can play a role in shaping incentives for migrants to engage in crime. This book will appeal to students and academics across the social sciences, as well as citizens interested in this topical issue.

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.

Principally, this book comprises a conceptual analysis of the illegality of a third-country national's stay by examining the boundaries of the overarching concept of illegality at the EU level. Having found that the holistic conceptualisation of illegality, constructed through a combination of sources (both EU and national law) falls short of adequacy, the book moves on to consider situations that fall outside the traditional binary of legal and illegal under EU law. The cases of unlawfully staying EU citizens and of non-removable illegally staying third-country nationals are examples of groups of migrants who are categorised as atypical. By looking at these two examples the book reveals not only the fragmentation of legal statuses in EU migration law but also the more general ill-fitting and unsatisfactory categorisation of migrants. The potential conflation of illegality with criminality as a result of the way EU databases regulate the legal regime of illegality of a migrant's stay is the first trend identified by the book. Subsequently, the book considers the functions of accessing legality (both instrumental and corrective). In doing so it draws out another trend evident in the EU illegality regime- a two-tier regime which discriminates on the basis of wealth and the instrumentalisation of access to legality by Member States for mostly their own purposes. Finally, the book proposes a corrective rationale for the regulation of illegality through access to legality and provides a number of normative suggestions as a way of remedying current deficiencies that arise out of the present supranational framing of illegality.

This book proposes an interdisciplinary, multicultural and contemporary approach to examining the controversial links between migration and crime. It includes empirical research on migrants and crime to explore the risk and realities of crime and migration, as well as how mass media in different regions of the world has covered violent acts that have involved migrants (as victims or aggressors). The chapters are written by authors from various countries including the UK, Turkey, Slovenia, Iraq, Albania, Chile, the Republic of Moldavia, and Romania, and from different fields of research including: criminology, sociology, political sciences and communication. They bring to light new ideas, new methodologies and results that could be taken and developed further. This volume allows readers to explore the impact of migration on crime.

The book illustrates how the trend of associating migrants and refugees with criminality is on the rise. In political discourses and popular media alike, migrants and refugees are frequently portrayed as being dangerous, while cultures intent on welcoming newcomers are increasingly seen as being naïve, and providing assistance to migrants is more and more frequently subject to administrative or criminal penalties. At the same time, nondemocratic trends and practices that violate human rights and equality are gaining momentum in Europe, the US and Australia. Racism, xenophobia and anti-Islamism are simultaneously becoming more open and public; they are no longer restricted to clandestine platforms but are increasingly being mainstreamed into the political programs of parties that are entering both the EU parliaments and member state legislatures. Similar developments can be seen in the US and Australia. Such transformations in societies, governments, and institutions seem to reflect a growing amnesia regarding the lessons of the two World Wars of the 20th century, and the role that Europe, the US and Australia played in developing a post-war legal framework based on a shared, if imperfect, commitment to human rights. The book presents individual national analyses to reveal an emerging trend of "crimmigration" regardless of the peculiarities of national legislatures and internal political dynamics. By collecting original contributions from scholars based in and focused on each of these regions, it addresses above all the causes and impacts of the criminalization of migration in the early 21st century. It tackles the direct causes of these trends and encourages readers to rethink their broader political and socio-historic context. Importantly, the book does so by highlighting the ties between the criminalization of migration and equality, racism, and xenophobia. As the politics of migration become more perilous for political alliances like the EU as well for individual migrants, it is more important than ever to critically examine the cause and consequences of migrant criminalization. This collection does so from a variety of disciplinary perspectives and political traditions, seeking to overcome the distractions of charismatic politicians and the peculiar factions of national political systems, in order to reveal the underlying trends and disturbing patterns that are of interest to a broad, internationally-focused audience.