The Development of British Immigration Law (1986) examines the policies and laws of immigration law in the UK. It demonstrates that many modern issues have historical precedents. The justifications for immigration control are examined and linked to a discussion of nationality law and race relations. It is argued that the laws and practices of immigration are unnecessarily rigid and racist, both in design and in effect; that the record of the UK is a sorry chapter in the field of human rights but one which is consistent with international state practice; that immigration is an ideal model to illustrate the UK’s general treatment of civil liberties. Particular aspects of the subject are examined in depth to illustrate the attitudes of government, the courts and civil servants.
(B)ordering Britain argues that Britain is the spoils of empire, its immigration law is colonial violence and irregular immigration is anti-colonial resistance. In announcing itself as postcolonial through immigration and nationality laws passed in the 60s, 70s and 80s, Britain cut itself off symbolically and physically from its colonies and the Commonwealth, taking with it what it had plundered. This imperial vanishing act cast Britain's colonial history into the shadows. The British Empire, about which Britons know little, can be remembered fondly as a moment of past glory, as a gift once given to the world. Meanwhile immigration laws are justified on the basis that they keep the undeserving hordes out. In fact, immigration laws are acts of colonial seizure and violence. They obstruct the vast majority of racialised people from accessing colonial wealth amassed in the course of colonial conquest. Regardless of what the law, media and political discourse dictate, people with personal, ancestral or geographical links to colonialism, or those existing under the weight of its legacy of race and racism, have every right to come to Britain and take back what is theirs.
This volume examines the law and system of control which govern immigration and asylum in the UK. It begins with the historical and legal context, explains who is subject to immigration control, and describes the legal and administrative structure of the system.
Greater mobility and migration have brought about unprecedented levels of diversity that are transforming communities across the Atlantic in fundamental ways, sparking uncertainty over who the "we" is in a society. As publics fear loss of their national identity and values, the need is greater than ever to reinforce the bonds that tie communities together. Yet, while a consensus may be emerging as to what has not worked well, little thought has been given to developing a new organizing principle for community cohesion. Such a vision needs to smooth divisions between immigration's "winners and losers," blunt extremism, and respond smartly to changing community and national identities. This volume will examine the lessons that can be drawn from various approaches to immigrant integration and managing diversity in North America and Europe. The book delivers recommendations on what policymakers must do to build and reinforce inclusiveness given the realities on each side of the Atlantic. It offers insights into the next generation of policies that can (re)build inclusive societies and bring immigrants and natives together in pursuit of shared futures.
This book connects the history of immigration with histories of Native Americans, African Americans, women, the poor, Latino/a Americans and Asian Americans.
Nationality law in Britain is liberal and expansive in making it possible for immigrants to become citizens. Nonetheless, long-term residents, who are educated and possess skills that are important for the British economy, still face significant barriers to citizenship. This book offers insights into the experiences of long-term residents who have successfully become British citizens, through their own stories and newly commissioned illustrations of the journey of immigration. The goal is to explain the gap between formal law and law in practice, but the focus of the book is not solely on barriers--Devyani Prabhat also explores the feelings of belonging and empowerment that people experience during the citizenship journey.
''When the exception becomes the norm, the power of the sovereign is arbitrary, just as in pre-democratic times. But such arbitrariness is not random: it is applied primarily to certain categories of what used to be called ''the lower orders'' of society - the undocumented immigrants and the racially ''other, '' regardless of prior citizenship status. The very notion of citizen becomes vague and the status can be lost through a Kafkaesque process in which the state is unfathomable and often acts behind the scenes. This book edited by Devyani Prabhat brings together academics and lawyers working in the field of nationality and immigration laws, and shows how what has long been a feature of the labor market, namely, the precarious nature of jobs, has now become a feature of basic rights of ''belonging.'' Citizenship is precarious too. The chapters in this volume lead us straight to the question: What is the rule of law in such state of indistinction? Societies in decadence, like the current Western powers, entwine retrenchment with resentment, the exceptional with the normal, the in-group with the out-group. Devyani Prabhat and her colleagues analyze with great precision the alarming advance of legal imprecision, the interests that are vested in categorical confusion, and the erosion of basic rights in societies like the UK and the US - notably the right of persons to reside in peace and without fear.' - Juan Corradi, New York University, US This innovative book considers the evolution of the contemporary issues surrounding British citizenship, integrating the social aspects and ideas of identity and belonging alongside its legal elements. With contributions from renowned lawyers and academics, it challenges the view that there are immutable values and enduring rights associated with citizenship status. The book is organised into three thematic parts. Expert contributors trace the life cycle of the citizenship process, focusing on becoming a British citizen, retaining this citizenship with its associated rights, and the potential loss of citizenship owing to immigration controls. Through a critical examination of the concepts and content of British citizenship, the premise that citizenship retracts from full membership in society in times of turmoil is questioned. Wide-ranging and interdisciplinary, Citizenship in Times of Turmoil? will be a key resource for scholars and students working within the fields of migration, citizenship and immigration law. Including details of legal practice, it will also be of benefit to practitioners.
