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Chapter 5 - Irregular Migration

Published online by Cambridge University Press:  30 January 2020

Gillian Brock
Affiliation:
University of Auckland
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Summary

Chapter 5 considers the challenge presented by new threats to deport long-settled members of communities who do not formally enjoy the legal status of citizen, but rather are classed as “undocumented” or “illegal” migrants. These include the Dreamers, the Windrush generation, and those with Temporary Protected Status who have had that status revoked under the Trump presidency. I differentiate between five kinds of cases that raise some slightly different issues. I show why deportation for the long-settled involves grave injustices on a par with violating some of our most basic human rights. Evicting long-settled members would undermine legitimacy in several ways. Such actions threaten state’s rights to exercise power legitimately by undermining core internal, system, and contribution requirements. And I show why the arguments used in defense of community members’ alleged rights to continued occupation would be undermined by such evictions. In such cases, states may not claim a justifiable right to continued occupation nor can they claim that such a right entitles them to evict long-settled members of the community residing on that territory.

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Chapter
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Justice for People on the Move
Migration in Challenging Times
, pp. 88 - 110
Publisher: Cambridge University Press
Print publication year: 2020

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  • Irregular Migration
  • Gillian Brock, University of Auckland
  • Book: Justice for People on the Move
  • Online publication: 30 January 2020
  • Chapter DOI: https://doi.org/10.1017/9781108774581.006
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  • Irregular Migration
  • Gillian Brock, University of Auckland
  • Book: Justice for People on the Move
  • Online publication: 30 January 2020
  • Chapter DOI: https://doi.org/10.1017/9781108774581.006
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Irregular Migration
  • Gillian Brock, University of Auckland
  • Book: Justice for People on the Move
  • Online publication: 30 January 2020
  • Chapter DOI: https://doi.org/10.1017/9781108774581.006
Available formats
×