Beyond Borders: The Human Rights Of Non-Citizens At Home And Abroad

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