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Index

Published online by Cambridge University Press:  15 September 2022

Edited by
Moritz Baumgärtel  and
Sara Miellet
Moritz Baumgärtel
Affiliation:
Universiteit Utrecht, The Netherlands
Sara Miellet
Affiliation:
Universiteit Utrecht, The Netherlands

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Chapter
Information
Theorizing Local Migration Law and Governance , pp. 332 - 345
Publisher: Cambridge University Press
Print publication year: 2022
Creative Commons
Creative Common License - CCCreative Common License - BYCreative Common License - NC
This content is Open Access and distributed under the terms of the Creative Commons Attribution licence CC-BY-NC 4.0 https://creativecommons.org/cclicenses/

Index

Abdi, Abdoul, 45
Abdi v. Canada (Public Safety and Emergency Preparedness), 48–49, 54–55
Access T.O. policy, in Toronto, 201–203, 208
Act XXI, India (1883), 169–170, 179
additionality, in community sponsorship of refugees, 258–259
as protection principle, 265–266
African Centre for Migration and Society, 59
African National Congress Party (ANC Party), 86
Aliens Control Act of 1991, South Africa, 62–63
amendments to, 64–65
“ouster clauses,” 64–65
xenophobic language in, 65
Amit, Roni, 67
ANC Party. See African National Congress Party
anti-black racism, in Canada, 41–42
anti-immigration movement, in Germany, 223
Apartheid regime, in South Africa, 58
detention regimes after, 62–63
two-gates system, 58, 72, 85, 129–132
Assam Movement, in India, 186–190
Asylum Act, Germany, 94, 97–98, 102
“Königstein key,” as quota system, 94
asylum paradox, 99
asylum seekers
community sponsorship of refugees and, 266–267
in Germany
under Asylum Act, 94, 97–98, 102
under Asylum Seekers Benefit Act, 15
New Pact on Migration and Asylum, 252
in South Africa, rejection of, 64
Australia, community sponsorship of refugees in, 261–262, 268
Bagh, Shaheen, 190
Balibar, Ètienne, 170, 177
Ballantyne, Tony, 169
Bauder, Harald, 120–121, 132
Benton, Lauren, 169
Berlin, Germany, as “safe harbor”
analysis of, 109–111
under Asylum Act, 94, 97–98, 102
“Königstein key,” as quota system, 94
asylum paradox, 99
Cities of Safe Harbors Alliance, 87–88, 90
entry into, 91
establishment of, 100, 104–105
purpose of, 105–106
conceptual approach to, 87–90
development as “safe harbor,” 92
divergence strategies in, 93–98
defiance approaches, 96–97
dilution, 94–95, 102
housing approaches, 97–98, 104
local governance involvement in, 108
normative implications of, 105–109
refugee admissions, 95–96
Seebrücke movement and, links with, 104–105
under German Basic Law, 96–97
horizontal dynamics integration of, 101
methodological approach to, 89–90
under Residence Act, 98
Section 22, 103–104
Section 23, 95, 96, 100–105
Save Me campaign in, 99–100
Seebrücke movement, 87–88, 90–92
divergence strategies and, links with, 104–105
local government involvement in, 98–105
origins of, 90–91
symbolism of, 91
status as city-state, 87
Biden, Joseph, 2
immigration law under, 250
sanctuary policies under, 149–150
Black Lives Matter Movement, in Canada, 46
Bond, Patrick, 85
Border Management Authority Act, South Africa, 83
Brenner, Neil, 166
Brexit campaign, 2
Briffault, Richard, 146–147
CABC. See Collective Approach to Border Control
Canada, immigration law in. See also Toronto, Canada; urban securitisation
Abdi v. Canada (Public Safety and Emergency Preparedness), 48–49, 54–55
anti-black racism and, 41–42
apprehension of illegal migrants, in cities, 39–42
jurisdictional orders for, 39–40
Black Lives Matter Movement and, 46
Charter of Rights and Freedoms, 53–55
child welfare agencies and, 40–41, 44
fiduciary duties of, 49–53, 57
children of migrants
Children’s Aid Society of Toronto, 40
citizenship for, 38–39
protections of, provincial jurisdiction for, 40–41
racial discrimination against, 41–42
citizenship and, 34–35
applications for, 44–45
under Citizenship Act, 54–55
for crossover youth, 42–46
definition and scope of, 42, 56–57
local barriers to, 43–44
for migrant children, 38–39
politics of belonging, 56–57
presence-based forms of, 34–35
redefinition of, 37–46
as social legality, 34–35, 47
community sponsorship of refugees in, 259–260
Sponsorship Agreement Holders model, 260–261
courts systems in, 47–56
crimmigration and
crossover youth and, 45
Faster Removal of Foreign Criminals Act, 47–48
theoretical approach to, 33–37
crossover youth and
citizenship for, 42–46
crimmigration consequences for, 45
deportation mechanisms for, 35, 36
deportation mechanisms in, 33
for crossover youth, 35, 36
multi-scalar approaches to, 33
emplacement concept and, 36–46, 56–57
definition of, 38
for migrant children, 38–39
fundamental principles of, 33
international law as influence on, 47
K. L. B. v. British Columbia, 51
local migration governance in, 178–185
Continuous Journey Regulation, 180–181
for Indian migrants to Canada, 179–185
Komagata Maru event, 181–183
national identity passports, 183–184
nationalisation of, 171–172, 178–179
migration sites, cities as, 39–42, 56
crossover youth in, 42–46
jurisdictional orders for, 39–40
Papassay v. The Queen (Ontario), 51–52
private refugee sponsorship in, 280
social legality in, transformation to formal legality, 47–57
administrative discretion of immigration officials, 47–49, 57
citizenship as, 34–35, 47
equality as constitutional right, 53–57
fiduciary duties of child welfare agencies, 49–53, 57
non-discrimination as constitutional right, 53–56
T. L. v. British Columbia (Children and Family Development), 52
wards of the state, 36–37
xenophobia and, 41–42
Canada Border Services Agency (CBSA), 126–137
Canada Border Services Agency Act (2005), 126
Canada Emergency Response Benefit, 205–207
Canadian Police Information Centre (CPIC), 128
Carens, Joseph, 21
CBSA. See Canada Border Services Agency
centralisation of governance, migration governance and
as re-centralisation of federal power, 6–7
in Germany, 6
as methodological stateism, 7
in U.S., 6
Chanock, Martin, 174, 173
Charter of Rights and Freedoms, Canada, 53–55
child welfare agencies, in Canada, 40–41, 44
fiduciary duties of, 49–53, 57
Children’s Aid Society of Toronto, 40
Chronotopes of Law (Valverde), 281, 282
Cities for Refuge project, 272–283
governance networks and, analysis of, 278–281
jurisdiction of governance in, 273–278
migration and, 281
municipal governance of, 272–273
reception of migrants and, 281
scale of governance in, 273–278
Cities of Safe Harbors Alliance, 87–88, 90
entry into, 91
establishment of, 100, 104–105
purpose of, 105–106
citizenship. See also specific countries
as birthright lottery, 22
racial principles for, 193
urban citizenship theory, 120–121
Citizenship Act, Canada, 54–55
Citizenship Act of 1955, India, 185–186
Citizenship Amendment Act, India (2019), 3, 189–190
city-states, as “safe harbor,” 87
Collective Approach to Border Control (CABC), 74–75
Colombia, Temporary Protected Status in, 221
colonialism, in India
direct rule, 173
indirect rule, 173
local migration governance and, during 19th century, 168
community sponsorship of refugees
additionality in, 258–259
as protection principle, 265–266
in Australia, 261–262, 268
in Canada, 259–260
Sponsorship Agreement Holders model, 260–261
conceptualisation of, 256–259
definition of, 252–253
discrimination between refugees, 261
European Commission on, 252
European model of, 252, 264–267
Solidarity Cities project, 263–264
EU-Turkey Statement, 256
in Germany, 259–261
Federal Länder Sponsorship Scheme, 258
Global Compact on Refugees, 270–271
complementary pathways objective, 253–256, 258–259
protection initiatives, 259–262
resettlement objective, 254–256
Global Refugee Sponsorship Initiative, 253–254
historical development of, 252
international refugee regime, 270–271
local governance authorities and, role of, 262–265, 270–271
New Pact on Migration and Asylum, 252
New York Declaration, 253–254
in New Zealand, 261–262
problematic practices of, 259–262
protection principles, 265–269
additionality, 265–266
for asylum seekers, 266–267
equal treatment principles, 267–268
Global Compact on Refugees, 259–262
for legal status, 268–269
non-discrimination principles, 267–268
policy framework for, 269
refugee protections, 268
under Refugee Convention, 269
UN High Commissioner for Refugees and, 252–253
in U.S., 261
Constitution, U.S., sanctuary policies and, constitutionality of
under Fourth Amendment, 145
Spending Clause doctrines and, 143–144, 147–148
under Supremacy Clause, 142–143
under Tenth Amendment, 143–146, 151, 152, 162–163
Continuous Journey Regulation, in Canada, 180–181
Corruption Watch, South Africa border control policies and, 82
COVID-19 pandemic, in Toronto, 216–217
Canada Emergency Response Benefit, 205–207
conceptual approach to, 197–201
Guardian Angels pathway, to permanent residency, 203–207
relief assistance for undocumented individuals, 205–207
CPIC. See Canadian Police Information Centre
crimmigration, in Canada
crossover youth and, 45
under Faster Removal of Foreign Criminals Act, 47–48
theoretical approach to, 33–37
crossover youth, in Canada
citizenship for, 42–46
crimmigration consequences for, 45
deportation mechanisms for, 35, 36
DACA. See Deferred Action for Childhood Arrivals policy
decentralisation, of immigration law, in U.S., 249
decoupling, local migration governance and, 12
Deferred Action for Childhood Arrivals policy (DACA), 154
defiance approach, as divergence strategy, 96–97
Department of Home Affairs (DHA), in South Africa, 65, 75–77, 79–80
detention enforcement by, 66–67
deportation mechanisms
in Canada, 33
for crossover youth, 35, 36
multi-scalar approaches to, 33–35
migration governance and, 3–4
in South Africa, racialised foundations for, 62–72
increase in deportations, 62–72
Special Dispensation for Zimbabweans, 66–67
under Title 42, 2
deportation turn, 193
Brexit campaign and, 2
Trump and, 2
deracination, 230
detention centers, 2–3
in South Africa, Lindela Repatriation Center, 68–69, 82–84
in Spain, 2–3
detention mechanisms. See also specific countries
in U.S. sanctuary policies
formalistic authority frameworks for, 151
power struggles over, 144–146
devolution of state authority, 4–6
definition of, 4
in EU, 4–5
in Indonesia, 5–6
trends in, 5–6
in U.S., 4–5
DHA. See Department of Home Affairs
dilution, as divergence strategy, 94–95, 102
direct rule colonialism, 173
discrimination, racial
against children of migrants, in Canada, 41–42
between refugees, 261
divergence strategies. See Berlin, Germany
documentary citizenship, in India, 188
“Don’t Ask, Don’t Tell” approach, in Toronto, Canada, 208, 215
Elmi, Abdilahi, 45
emplacement
in Canada immigration law, 36–46, 56–57
for migrant children, 38–39
definition of, 38
equality, as constitutional right, in Canada, 53–57
equity planning approach, 198
ethnonationalism, rise of, 193
EU. See European Union
European Commission, on community sponsorship of refugees, 252
European Union (EU)
community sponsorship of refugees in, model for, 252, 264–267
Solidarity Cities project, 263–264
devolution of state authority in, 4–5
migration scholarship in, 9
EU-Turkey Statement, 256
Faster Removal of Foreign Criminals Act, Canada, 47–48
Federal Education Rights and Privacy Act, U.S., 123
Federal Länder Sponsorship Scheme, in Germany, 258
federal states
sanctuary cities in, 118–122
Catholic cantons and, 121–122
lex domicilii and, 121–122
urban securitisation in sanctuary cities, 123–126
border policies, 124–125
dual sovereignty in, 123–124
under federalism doctrines, 125–126
federalism. See also centralisation of governance
immigration federalism, 3
migration scholarship and, 8
sanctuary cities and, 116–117
urban securitisation in sanctuary cities and, 125–126
Floyd, George, 153
Foucault, Michel, on scaling of migration governance, paradigms for, 17
Freedom of Information and Protection of Privacy Act, Canada, 129
Galarza, Ernesto, 156–157
Galarza v. Szalczyk, 156–157
Geisel, Andreas, 96
de Genova, Nicholas, 191
German Basic Law, 96–97
Germany. See also Berlin, Germany; Hamburg, Germany
anti-immigration movement in, 223
Asylum Seekers Benefit Act, 15
centralisation of governance in, 6
community sponsorship of refugees in, 259–261
Federal Länder Sponsorship Scheme, 258
migration governance in, 6
Gibney, Matthew, 193
Global Case Management System, in Canada, 128
Global Compact on Safe, Orderly and Regular Migration, 1
Global Refugee Sponsorship Initiative, 253–254
Goodlatte, Bob, 143
Goswami, Manu, 164–165
governance. See local migration governance
de Graauw, Els, 119–120
Grobler, Piet, 74
Guardian Angels pathway, to permanent residency, in Toronto, 203–207
Gulasekaram, Pratheepan, 116–117, 123
Hamburg, Germany, as “safe harbor”
Cities of Safe Harbors Alliance, 87–88, 90
entry into, 91
establishment of, 100, 104–105
purpose of, 105–106
status as city-state, 87
Haney-López, Ian, 153
Harris, Karen, 177–178
Hart-Cellar Act of 1965, U.S., 233–234
Hershkowitz, Mia, 132
high-modernist ideology, immigration law and, 229–230, 233–234
Hirshl, Ran, 226
housing, in Berlin, in divergence strategies, 97–98, 104
Hudson, Graham, 78–79
Illegal Migrants Determination by Tribunals, India (1983), 186–187
Imam, Syed Ali, 175
immigrant ghettos, in U.S., 240
Immigration Act, South Africa (2002), 63, 65
amendments to, 71
Immigration and Naturalization Services (INS), U.S., 73–74
Immigration and Refugee Protection Act, Canada, 126, 136
immigration federalism, 3. See also specific countries
migration scholarship and, 8
immigration law, in U.S.
under Biden, 250
in cities, 239–243
immigrant ghettos, 240
in sanctuary cities, 243
conceptual approach to, 224–227
decentralisation of, 249
deracination fears and, 230
divergent perspectives on, 238–250
in cities, immigration law practices in, 240, 239–243
in rural areas, immigration law practices in, 243–246
in suburban areas, immigration law practices in, 246–250
Hart-Cellar Act of 1965, 233–234
high-modernist ideology and, 229–230, 233–234
as immigration control
moral value of, 227–230
in pluralist nation, 230–234
national identity and, 224–225, 251
nationalism and, 224
postmodern identity and, 225, 234–238
under Quota Acts, 229–230
structure of, 234–238
under Trump, 231–234, 243–246
White Nationalism movement and, 231–234
decentering of whiteness as focus of, 231, 232
as high-modernist ideology and, 233–234
immigration raids, in United States, 2
immigration reform, 215–216
indentured labor, 169–170
India
citizenship in
Assam Movement and, 187–190
categories of, 191
Citizenship Act of 1955, 185–186
Citizenship Amendment Act, 3, 189–190
documentary citizenship, 188
under Indian Constitution, 185
nationalisation of, 185–192
political parties and, 187–190
racial principles for, 193
colonialism in
direct rule, 173
indirect rule, 173
local migration governance and, during 19th century, 168
Illegal Migrants Determination by Tribunals, 186–187
labor migration in
under Act XXI, 169–170, 179
for indentured labor, 169–170
local migration governance of, 168–171
quantitative scale of, 169
local migration governance in
during colonial era, in 19th century, 168
for labor migration, 168–171
migration flows, 168–170
regulation of, 173
migrants to Canada
Komagata Maru event, 181–183
local migration governance for, 179–185
national identity passports for, 183–184
migrants to South Africa
under Indian Relief Bill, 177–178
marriage legislation for, 174–175
National Register of Citizens, 3
nationalism in, 171
ethnonationalism, rise of, 193
predatory majoritarianism in, 191–192
Indian Constitution, 185
Indian Relief Bill, South Africa (1914), 176–178
indirect rule colonialism, 173
Indonesia, devolution of state authority in, 5–6
influx control policy, in South Africa, 78
INS. See Immigration and Naturalization Services
interlegality, 274
international law, Canada immigration law influenced by, 47
International Order for Migration, 59
Jayal, Niraja Gopal, 185–186
Johnson, Kevin, 140, 142–143, 146, 155–156
K. L. B. v. British Columbia, 51
Komagata Maru event, in Canada, 181–183
“Königstein key,” as quota system, in Germany, 94
labor migration, for Indian migrants
under Act XXI, 169–170, 179
for indentured labor, 169–170
local migration governance of, 168–171
quantitative scale of, 169
Lanz, Stephan, 98–99
Laurier, Wilfred, 179–181
Lawyers for Human Rights, in South Africa, 67, 82
Lefebvre, Henri, 164–165
lex domicilii, sanctuary cities and, 121–122
Lindela Repatriation Center, in South Africa, 68–69, 82–84
local laws. See local migration law
local migration governance, 11–16. See also Canada; India; South Africa
decoupling and, 12
federal sanctuary policies and, in U.S., conflicts with, 143–144
interdependence elements of, 25–26
normative perspectives on, 21–29
silo thinking in, 21
relational approaches to, 24–25
sanctuary cities and, 115
scholarship on, 27
tensions in, 13
local migration law, normative perspectives on, 21–29
Lodge, Tom, 80–81
Lofgren, Zoe, 147
majoritarianism. See predatory majoritarianism
The Making of South African Legal Culture (Chanock), 173
Maputo Corridor, in South Africa, 75–76
marriage legislation, in South Africa, 174–175, 177
Mayor’s Migration Council, 1
Mbeki, Thabo, 76
Merkel, Angela, 223–224
Merritt, Deborah Jones, 152
methodological nationalism
migration scholarship and, 8
re-centralisation of federal power and, 7
methodological stateism, 7
Migrant Rights Network, 204
migration governance. See also scaling of migration governance
deportation and, 3–4
devolution of state authority, 4–6
definition of, 4
in EU, 4–5
in Indonesia, 5–6
trends in, 5–6
in U.S., 4–5
dynamics of, 3–7
legal contradictions in, 11–16
local, 11–16
decoupling and, 12
tensions in, 13
“messy approach” to, 5
in policy frameworks, 4
re-centralisation of federal power, 6–7
in Germany, 6
as methodological stateism, 7
in U.S., 6
research on, 3–7
migration scholarship, 7–11
in EU, 9
immigration federalism and, 8
methodological nationalism and, 8
sovereigntism and, 8
Miller, David, 21
Miller, Stephen, 223
morality, immigration control and, 227–230
Mozambique, migrants from, into South Africa, 58–59, 63
Müller, Michael, 92
multi-scalar perspectives, on migration, 1
deportation mechanisms and, 33–35
national identity, in U.S. immigration law, 224–225, 251
national identity passports, 183–184
National League of Cities v. Usery, 152
National Register of Citizens, in India, 3
national space, citizenship and, 166–167
nationalisation, process of, 170
nationalism
ethnonationalism, 193
in India, 171
methodological
migration scholarship and, 8
re-centralisation of federal power and, 7
U.S. immigration law influenced by, 224
White Nationalism movement, in U.S., 231–234
decentering of whiteness as focus of, 231, 232
as high-modernist ideology and, 233–234
New Orleans, as sanctuary city, 147
New Pact on Migration and Asylum, 252
New York Declaration, 253–254
New Zealand, community sponsorship of refugees in, 261–262
Nolte, Paul, 98–99
non-discrimination, as constitutional right, in Canada, 53–56
Obama, Barack, sanctuary policies under, 147–148
Deferred Action for Childhood Arrivals, 154
Operation Crackdown, 78, 79
Operation Fiela, 78
Operation Passport, 78
“ouster clauses” in Aliens Control Act of 1991, 64–65
Papassay v. The Queen (Ontario), 51–52
Police Services Act (PSA), Canada, 132–135
politics of belonging, in Canada, 56–57
The Politics of Disintegration (Taylor), 231
postmodern identity, 225, 234–238
Pound, Roscoe, 280
predatory majoritarianism, 191–192
presence-based forms of citizenship, 34–35
Prevention and Combating of Corrupt Activities of 2004, South Africa, 82
private refugee sponsorship, 280
The Production of Space (Lefebvre), 164–165
PSA. See Police Services Act
racial profiling, in U.S. sanctuary policies, 142–143
racism. See Apartheid regime; discrimination; White Nationalism movement
Rahman, Talha, 189
Refugee Convention, 269
refugees. See also community sponsorship of refugees; UN High Commissioner for Refugees
in Berlin, Germany, as “safe harbor” city, 95–96
Global Compact on Refugees, 270–271
complementary pathways objective, 253–256, 258–259
protection initiatives, 259–262
resettlement objective, 254–256
Global Refugee Sponsorship Initiative, 253–254
international refugee regime, 270–271
New Pact on Migration and Asylum, 252
private refugee sponsorship, 280
Refugee Convention, 269
Refugees Act, South Africa, 64–65
relief assistance, for undocumented individuals, in Canada, 205–207
Residence Act, Germany, 98
Section 22, 103–104
Section 23, 95, 96, 100–105
Rove, Karl, 159–160
Roy, Anupama, 186–187
Sadiq, Kamal, 188
sanctuary cities. See also Berlin, Germany; Hamburg, Germany; Toronto, Canada
conceptual approach to, 115–118
in federal states, 118–122
Catholic cantons and, 121–122
lex domicilii and, 121–122
under federalism doctrine, 116–117
local migration governance and, 115
New Orleans, 147
scale of formal belonging in, 120–121
theoretical approaches to, 115–118
in United States, 2–3, 21–22, 118–122
immigration law in, 243
urban political economies of, 120
sanctuary policies, in U.S.
analysis of, 161–163
under Biden, 149–150
Chinese Exclusion cases, plenary power doctrine and, 162
communal values and, conflict with governance authority structures, 146–149
formalistic authority frameworks and, 148–149
conceptual approach to, 139–141
constitutionality of
under Fourth Amendment, 145
Spending Clause doctrines and, 143–144, 147–148
under Supremacy Clause, 142–143
under Tenth Amendment, 143–146, 151, 152, 162–163
formalistic authority frameworks, 139–140, 149–161
ahistoricism through, 157–160
communal values and, 148–149
decision-making in, 156–157
false equivalences as result of, 160–161
for immigration detention, 151
narratives in, 154–156
status regime modernisation and, 158
Galarza v. Szalczyk, 156–157
historical development of, 139–141
immigration detention mechanisms
formalistic authority frameworks for, 151
power struggles over, 144–146
litigation over, 162–163
National League of Cities v. Usery, 152
under Obama, 147–148
Deferred Action for Childhood Arrivals policy, 154
power struggles over, 141–146
in Arizona, in Senate Bill 1070, 142–143, 155, 156
defunding sanctuary jurisdictions, 143–144
federal supremacy and, 143–144
immigration detention and, 144–146
under state laws, 143–144
racial profiling and, 142–143
SB4 Bill, in Texas, 160–161
theoretical approach to, 139–141
under Trump, 139, 140, 143–144, 154
under Values Act, 161
as violations of federal law, 159–160
SANDF. See South Africa National Defence Forces
Santos, Boaventura, 274
SAPS. See South African Police Service
Sarrazin, Thilo, 98–99
Sassen, Saskia, 137–138
Saunders, Mark, 133–134
Save Me campaign, in Germany, 99–100
SB4 Bill, in U.S. (Texas), 160–161
scale of formal belonging, in sanctuary cities, 120–121
scaling of migration governance
conceptual approach to, 19
critiques of, 16–21
Foucauldian paradigm for, 17
legal processes of, 16–21
re-scaling, conceptual approach to, 19
Scott, James, 274
Scott, James C., 229
Security of Canada Information Sharing Act (2015), 127
Seebrücke movement, 87–88, 90–92
divergence strategies and, links with, 104–105
local government involvement in, 98–105
origins of, 90–91
symbolism of, 91
Senate Bill 1070, in U.S. (Arizona), 142–143, 155, 156
Sessions, Jeff, 146–147
Siegel, Reva, 153, 158
Singh, Gurdit, 181–183
Singh, Ujjwal, 186–187
social legality, in Canada, transformation to formal legality, 47–57
administrative discretion of immigration officials, 47–49, 57
citizenship as social legality, 34–35, 47
equality as constitutional right, 53–57
fiduciary duties of child welfare agencies, 49–53, 57
non-discrimination as constitutional right, 53–56
Solidarity Cities project, 263–264
South Africa, border enforcement in
African Centre for Migration and Society, 59
African National Congress Party and, 86
Aliens Control Act of 1991, 62–63
amendments to, 64–65
“ouster clauses,” 64–65
xenophobic language in, 65
analysis of, 84–86
Apartheid regime and, 58
detention regimes after, 62–63
two-gates system, 58, 72, 85, 129–132
for asylum seekers, rejection of, 64
border control agencies, 75–77
Department of Home Affairs, 65–67, 75–77, 79–80
South Africa National Defence Forces, 76–77
South African Police Service, 75–76, 79–81
under Border Management Authority Act, 83
citizenship in, racial principles for, 193
corruption in, in post-Apartheid regime, 80–84
Corruption Watch, 82
Lawyers for Human Rights and, 82
legal governance strategies against, 82–84
prevalence of, 81–82
under Prevention and Combating of Corrupt Activities of 2004, 82
in South African Police Service, 81
White Paper on International Corruption, 83
Department of Home Affairs and, 65, 76–77, 79–80
detention enforcement by, 66–67
deportation and, racialised foundations for, 62–72
increase in deportations, 66–67
Special Dispensation for Zimbabweans, 66–67
detention and, racialised foundations for, 62–72
after Apartheid regime, 62–63
Department of Home Affairs and, 66–67
enforcement norms for, 66–67
legal reforms for, 64–65
statistical data on, unreliability of, 63–64
“white list” and, 63–64
xenophobia and, 68–72
Immigration Act (2002), 63, 65
amendments to, 71
influx control policy, 78
International Order for Migration, 59
Lawyers for Human Rights in, 67, 82
Lindela Repatriation Center, 68–69, 82–84
local migration governance and, 172–178
over Indian migrants, in South Africa, 174–175
Indian Relief Bill, 176–178
marriage legislation and, 174–175, 177
nationalisation of, 171–172
Union of South Africa and, establishment of, 172–174
Maputo Corridor, 75–76
methodological approach to, 60–62
Mozambique and, 58–59, 63
Operation Crackdown, 78, 79
Operation Fiela, 78
Operation Passport, 78
racist governance policies, 77–80
Refugees Act, 64–65
scholarship literature on, 59–61
South African Migration Project, 59
Sword and Shield operation, 78
theoretical approach to, 58–62
UN High Commissioner for Refugees and, 59
U.S.-style approaches to, 73–80
Collective Approach to Border Control, 74–75
INS reports on, 73–74
xenophobia and
in Aliens Control Act of 1991 language, 65
deportation policies and, 68–72
detention policies and, 68–72
as form of stigmatisation against foreigners, 69–70
government responses to, 70–72
against South Africans, through racial categories, 68
Zimbabwe and, 58–59
Special Dispensation for Zimbabweans, 66–67
South Africa National Defence Forces (SANDF), 76–77
South African Migration Project, 59
South African Police Service (SAPS), 75–76, 79–81
sovereigntism, 8
space
conceptual approach to, 164–167
analysis of, 192–194
local migration governance and, 167–185
national space, citizenship and, 166–167
scale and, 165–166
analysis of, 192–194
colonial considerations of, 168–185
social production of, 164–167
Special Dispensation for Zimbabweans, 66–67
Sponsorship Agreement Holders model, in Canada, 260–261
stateism. See methodological stateism
Su, Rick, 240
Sword and Shield operation, 78
T. L. v. British Columbia (Children and Family Development), 52
Taylor, Charles, 231
Temporary Protected Status, in Colombia, 221
Title 42, deportation under, 2
Toronto, Canada, as sanctuary city
analysis of, 220–222
during COVID-19 pandemic, 216–217
Canada Emergency Response Benefit, 205–207
conceptual approach to, 197–201
Guardian Angels pathway, to permanent residency, 203–207
relief assistance for undocumented individuals, 205–207
declaration as sanctuary city, 200
Access T.O. policy, 201–203, 208
equity planning approach to, 198
immigration reform and, 215–216
local migration governance in, 207–210
“Don’t Ask, Don’t Tell” approach, 208, 215
urban development as factor in, 209–210
Migrant Rights Network, 204
sanctuary policy, 200, 220–222
solidarity in, as concept, 210–220
definition of, 211
domicile principle and, 219–220
extension of, 214–220
for migrant rights, 211–212
planning for, 218–219
solidarity networks, 212–213
urban belonging and, 214–220
solidarity movements and, 200, 202
urban planning approach to, 198–199
transmunicipal solidarity, 1
Triandafyllidou, Anna, 5
Trump, Donald, 223
deportation turn under, 2
immigration law under, 231–234, 243–246
sanctuary policies under, 139, 140, 143–144, 154
two-gates system, 58, 72, 85, 129–132
U.K. See United Kingdom
UN High Commissioner for Refugees (UNHCR)
community sponsorship of refugees and, 252–253
Global Compact on Refugees, 270–271
complementary pathways objective, 253–256, 258–259
protection initiatives, 259–262
resettlement objective, 254–256
in South Africa, 59
Union of South Africa, establishment of, 172–174. See also South Africa
United Kingdom (U.K.), Brexit campaign in, 2
United States (U.S.). See also Constitution; sanctuary policies
centralisation of governance in, 6
community sponsorship of refugees in, 261
deportation mechanisms in, Title 42, 2
devolution of state authority in, 4–5
Federal Education Rights and Privacy Act, 123
immigrant ghettos in, 240
Immigration and Naturalization Services, South Africa border control policies and, 73–74
immigration raids in, 2
migration governance in, 6
sanctuary cities in, 2–3, 21–22, 118–122
under immigration law, 243
urban political economies of, 120
South African border enforcement influenced by, 73–80
Collective Approach to Border Control, 74–75
INS reports on, 73–74
urban securitisation in sanctuary cities in, 123
Values Act, 161
urban citizenship theory, 120–121
urban planning approach, in Toronto, Canada, 198–199
urban securitisation, in sanctuary cities
analysis of, 137–138
in Canada, 117–118, 126–137
Canada Border Services Agency Act, 126
Canada Border Services Agency and, 126–137
Canadian Police Information Centre, 128
data collection for, at federal scale, 126–128
data sharing for, between local and federal institutions, 129–132
under Freedom of Information and Protection of Privacy Act, 129
Global Case Management System and, 128
Immigration and Refugee Protection Act, 126, 136
jurisdiction for, sharing of, 132–137
under Police Services Act, 132–135
under Security of Canada Information Sharing Act, 127
in federal states, 123–126
border policies, 124–125
dual sovereignty in, 123–124
under federalism doctrines, 125–126
urban citizenship theory and, 120–121
in U.S., under Federal Education Rights and Privacy Act, 123
U.S. See United States
Values Act, U.S., 161
Valverde, Mariana, 25, 164–165, 281, 282
Villazor, Rose Cuison, 116–117, 123
Walzer, Michael, 226–231
on fears of national deracination, 230
on national immigration control, 230–234
wards of the state, under Canadian immigration law, 36–37
“white list,” in South Africa, 63–64
White Nationalism movement, in U.S., 231–234
decentering of whiteness as focus of, 231, 232
as high-modernist ideology and, 233–234
White Paper on International Corruption, 83
xenophobia
in Canada, immigration law influenced by, 41–42
in South Africa border enforcement policies
Aliens Control Act of 1991, xenophobic language in, 65
deportation policies and, 68–72
detention policies and, 68–72
as form of stigmatisation against foreigners, 69–70
as institutionalised government response, 70–72
against South Africans, through racial categories, 68
Yoshino, Kenji, 153
Zimbabwe, South Africa and, border enforcement and, 58–59
Special Dispensation for Zimbabweans, 66–67
Zuma, Jacob, 76

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  • Index
  • Edited by Moritz Baumgärtel, Universiteit Utrecht, The Netherlands, Sara Miellet, Universiteit Utrecht, The Netherlands
  • Book: Theorizing Local Migration Law and Governance
  • Online publication: 15 September 2022
  • Chapter DOI: https://doi.org/10.1017/9781009047661.013
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  • Index
  • Edited by Moritz Baumgärtel, Universiteit Utrecht, The Netherlands, Sara Miellet, Universiteit Utrecht, The Netherlands
  • Book: Theorizing Local Migration Law and Governance
  • Online publication: 15 September 2022
  • Chapter DOI: https://doi.org/10.1017/9781009047661.013
Available formats
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  • Index
  • Edited by Moritz Baumgärtel, Universiteit Utrecht, The Netherlands, Sara Miellet, Universiteit Utrecht, The Netherlands
  • Book: Theorizing Local Migration Law and Governance
  • Online publication: 15 September 2022
  • Chapter DOI: https://doi.org/10.1017/9781009047661.013
Available formats
×