Irregular migrants are morally entitled to a wide range of legal rights, including basic human and civil rights. Therefore, states ought to create a firewall between those charged with protecting and enforcing these rights and those charged with enforcing immigration laws.

étienne Balibar has been one of Europe's most important philosophical and political thinkers since the 1960s. His work has been vastly influential on both sides of the Atlantic throughout the humanities and the social sciences. In We, the People of Europe?, he expands on themes raised in his previous works to offer a trenchant and eloquently written analysis of "transnational citizenship" from the perspective of contemporary Europe. Balibar moves deftly from state theory, national sovereignty, and debates on multiculturalism and European (...) racism, toward imagining a more democratic and less state-centered European citizenship. Although European unification has progressively divorced the concepts of citizenship and nationhood, this process has met with formidable obstacles. While Balibar seeks a deep understanding of this critical conjuncture, he goes beyond theoretical issues. For example, he examines the emergence, alongside the formal aspects of European citizenship, of a "European apartheid," or the reduplication of external borders in the form of "internal borders" nurtured by dubious notions of national and racial identity. He argues for the democratization of how immigrants and minorities in general are treated by the modern democratic state, and the need to reinvent what it means to be a citizen in an increasingly multicultural, diversified world. A major new work by a renowned theorist, We, the People of Europe? offers a far-reaching alternative to the usual framing of multicultural debates in the United States while also engaging with these debates. (shrink)

The most resounding expression of the truly unprecedented mobilizations of migrants throughout the United States in 2006 was a mass proclamation of collective defiance: ¡Aquí Estamos, y No Nos Vamos! [Here we are, and we're not leaving!]. This same slogan was commonly accompanied by a still more forcefully incorrigible rejoinder: ¡Y Si Nos Sacan, Nos Regresamos! [... and if they throw us out, we'll come right back!]. It is quite striking and, as this essay contends, not merely provocative but genuinely (...) productive to note the affinity between the crucial articulation of this radically open-ended politics of migrant presence with the similarly abject and profoundly destabilizing politics of queer presence. In a manner remarkably analogous to the slogan, "We're here, we're queer, get used to it!", the dynamic enunciation of these phrases in the context of the mass mobilizations of migrants asserted an irreducible spirit of irreverence and disaffection for state power. Both gestures unreservedly and unapologetically assert not only their irreversible presence, furthermore, but also uphold the intractable challenge of their own intrinsic incorrigibility. (shrink)

Temporary migration raises two different challenges. The first is whether territorial democracies can integrate temporary migrants as equal citizens; the second is whether transnationally mobile societies can be organized democratically as communities of equal citizens. Considering both questions within a single analytical framework will reveal a dilemma: on the one hand, liberals have good reasons to promote the expansion of categories of free-moving citizens as the most effective and normatively attractive response to the problem of partial citizenship for temporary migrants; (...) yet, on the other hand, if free movement rights were actually used by too many, this might fatally undermine the sustainability of intergenerational and territorial democratic polities. (shrink)

This article claims that the study of irregular migration may be a strategic research material for the development of an adequate understanding of contemporary society. The field, however, suffers not only from a lack of reliable empirical data, but also from endemic undertheorizing. The article shows how the attempt to develop an understanding of irregular migration from within a general theory of modern society has positive consequences both for the clarification of the problems and for the design of research programs (...) able to deal adequately with the phenomena. Particularly, it is argued that a theory of modern society centered on its form of differentiation may help to clarify both the political dimension of contemporary international mobility, the variety of irregular statuses existing in the foreign population of receiving countries, and the condition of inclusion and exclusion of irregular migrants. (shrink)