The pains of being unauthorized in the Netherlands

Kox, Mieke; Boone, Miranda; Staring, Richard

doi:10.1177/1462474519887357

Cited by 9 publications

(9 citation statements)

References 34 publications

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“…Although the implementation of the Return Directive in 2011 includes safeguards for immigration detention of unauthorized migrants (Klaassen and Rodrigues 2021), the increased detention opportunities have also been criticized for the lack of proper individual assessment before detention (Busser, Oosterhuis and Strik 2019). While the effects of this exclusion and control are determined by the everyday interactions between border officers and unauthorized migrants (van der Woude and van der Leun 2017) and the embeddedness of unauthorized migrants in supportive social networks, studies on unauthorized migrants in the Netherlands show that it has become increasingly difficult and painful to survive in the Netherlands without a residence permit (Kox, Boone, and Staring 2020).…”

Section: Internal Migration Controls Deportability and The Netherlandsmentioning

confidence: 99%

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“I call it a system.” Unauthorized Migrants’ Understandings of the Long Reach of Dutch Internal Migration Controls

Kox¹,

Staring²

2021

Int J for Crime, Justice & Social Democracy

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We draw on the concept of deportability to show how unauthorized migrants who (used to) live in the Netherlands perceive and experience Dutch internal-control mechanisms. We first conclude that these migrants’ deportability has serious legal, social, and existential effects on them, which they feel long after their return or deportation to their home country. Second, we state that unauthorized migrants evaluate the Dutch internal-control mechanisms as “one system” in which they distinguish three important, interlinked layers, consisting of (1) divergent actors, (2) laws and policies inside and outside the migration control domains located within (3) different geographies. This implies that individual nation-states, through their internal control mechanisms, also contribute to the externalization of migration control at a supranational level. We conclude that the state’s internal migration controls bring about immobility not only in the countries of settlement but also in the transit and home countries.

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Section: Internal Migration Controls Deportability and The Netherlandsmentioning

confidence: 99%

“…De Genova 2002). 2 These control mechanisms deprive them of health and secure living conditions, limit their social and geographical mobility, and affect their feelings of belonging (Kox, Boone, and Staring 2020). These controls also have emotional effects (cf.…”

Section: Deportability In the Netherlands: Confrontations With A Multilayered Systemmentioning

confidence: 99%

“I call it a system.” Unauthorized Migrants’ Understandings of the Long Reach of Dutch Internal Migration Controls

Kox¹,

Staring²

2021

Int J for Crime, Justice & Social Democracy

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“…It leads to the creation of the image of migrants as "external enemies" 53 and to "fuelling the threat" of the presence of TCNs in the European Union 54 . It is also worth remembering that consequences of detention are not neutral to the mental state of migrants themselves 55 .…”

Section: Is There a Future For Criminalisation Of Illegal Migration?mentioning

confidence: 99%

Has the CJEU Made the First Step to Put a Stop to the Criminalisation of Migration? Commentary to the Judgement in the Case of JZ in the Context of the COVID-19 Pandemic

Kosińska

2021

Białostockie Studia Prawnicze

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The paper presents a critical discussion of the CJEU judgment in the JZ case (C 806/18), in which the Court interpreted Article 11 of Directive 2008/115 that regulates entry ban issuance. The author asks a question of whether an entry ban as a measure limiting the right to free movement has a moral and legal ground in international law and EU law. Moreover, the author focuses on the problem of the criminalisation of irregular migration – both in the context of the established line of the Court’s case law and in the case of a vague national law standard that penalizes illegal stays – the possibility to apply the criminal law concept of error in law and thus exclusion of criminal liability of an illegal migrant.

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“…On the other hand, there are the migrants who are not willing (yet) to return to their home country. However, the current exclusionary and deterrent approach is a modest incentive to return (Leerkes and Kox, 2017) and, meanwhile, it does contribute to ‘the pains of being unauthorized’ (Kox et al, 2020).…”

Section: The Changed Character Of Humanitarian Organizationsmentioning

confidence: 99%

‘If you don’t have documents or a legal procedure, you are out!’ Making humanitarian organizations partner in migration control

Kox

Staring

2020

European Journal of Criminology

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The paradoxical merger of humanitarian care and securitization imperatives can be seen not only at external and externalized borders, but also at the internal borders in the Netherlands. Here, humanitarian organizations that sprang up to support migrants without a legal status in response to – and given their disagreement with – the state’s exclusionary migration policies have become involved in migration control. During a gradual and subtle responsibilization process, the Dutch authorities have used specific measures and redirected monetary flows in order to incorporate these organizations into its broader migration control policies. This has resulted in a decrease in the number of support organizations for unauthorized migrants, a reduction in their independence and autonomy, and an increased focus on selection and return. Ethnographic fieldwork amongst unauthorized migrants illustrates the consequences of this exclusionary control. These migrants experience exclusion, selection and enforcement by humanitarian organizations and doubt the trustworthiness of these organizations. This development seems to fit in with the broader trend of European states disarming humanitarian organizations for unauthorized migrants by either responsibilizing or criminalizing them. However, these strategies are not without consequences because they run the risk that unauthorized migrants will further withdraw and turn away from this type of assistance altogether. We use both a humanitarian and a pragmatic perspective to argue that it would make sense for states either to allow organizations to continue their – uncompromised and unconditional – support for unauthorized migrants or to adapt their migration policies in such a way that humanitarian support becomes redundant.

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The pains of being unauthorized in the Netherlands

Cited by 9 publications

References 34 publications

“I call it a system.” Unauthorized Migrants’ Understandings of the Long Reach of Dutch Internal Migration Controls

“I call it a system.” Unauthorized Migrants’ Understandings of the Long Reach of Dutch Internal Migration Controls

Has the CJEU Made the First Step to Put a Stop to the Criminalisation of Migration? Commentary to the Judgement in the Case of JZ in the Context of the COVID-19 Pandemic

‘If you don’t have documents or a legal procedure, you are out!’ Making humanitarian organizations partner in migration control

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