Journal of Identity and Migration Studies
Total Page:16
File Type:pdf, Size:1020Kb
Research Centre on Identity and Migration Issues University of Oradea RCIMI Journal of Identity and Migration Studies University of Oradea Publishing House Volume 15, number 1, May 2021 JOURNAL OF IDENTITY AND MIGRATION STUDIES The Journal of Identity and Migration Studies (JIMS) is an online open-access review published semi- annually under the auspices of the Research Centre on Identity and Migration Issues – RCIMI, from the Department of Political Science and Communication Sciences, University of Oradea, Romania. Director Lia Pop, University of Oradea, Romania Editor-In-Chief Cristina Matiuta, University of Oradea, Romania Deputy Editor-In-Chief Marius I. Tatar, University of Oradea, Romania Editorial Board Artur Adamczyk, University of Warsaw, Poland Gabriel Badescu, Babes-Bolyai University, Romania Bernardo Cardinale, University of Teramo, Italy Radu Cinpoes, Kingston University, London, UK Vasile Cucerescu, Institute of International Relations, Chisinau Ioan Horga, University of Oradea, Romania Alexandru Ilies, University of Oradea, Romania Zaiga Krisjane, University of Latvia, Latvia Jan Wendt, University of Gdansk, Poland Luca Zarrilli, University of Chieti-Pescara, Italy Assistant Editors Ioana Albu, University of Oradea, Romania Dan Apateanu, University of Oradea, Romania Alina Brihan, University of Oradea, Romania Gabriela Gaudenhooft, University of Oradea, Romania Ioan Laza, University of Oradea, Romania Irina Pop, University of Oradea, Romania The responsibility for the content of the contributions published in JIMS belongs exclusively to the authors. The views expressed in the articles and other contributions are those of the authors and do not necessarily reflect the views of the editors of JIMS. JIMS - JOURNAL OF IDENTITY AND MIGRATION STUDIES Research Centre on Identity and Migration Issues - RCIMI Department of Political Science and Communication Science University of Oradea Address: Str. Universității nr. 1 Oradea, 410087 Romania Tel./Fax: +40 259 408 167 E-mail: [email protected]; [email protected] Website: www.jims.e-migration.ro Copyright © JIMS, 2021. No parts of this publication can be reproduced without the written permission of the editors. ISSN 1843 – 5610 Journal of Identity and Migration Studies Volume 15, number 1, 2021 TABLE OF CONTENTS THEMATIC ARTICLES: SIDES OF FORCED MIGRATION ................................................ 2 (Cr)immigration, Race and Belonging: Why We Must Conceptualize Immigration Detention as Punishment? Joel PLATT .................................................................... 2 Street-Level Bureaucrats and Provision of Welfare Services to Forced Migrants in Turkey, Çağla Ünlütürk ULUTAŞ ............................................................................ 29 Educational Profile of Refugee Scientists Trapped in Waiting Asylum Demanding Procedures in Greece, Ourania TZORAKI, Maria LAGOU, Vasilis GAVALAS, Electra PETRACOU, Ilias SIARKOS, Enrico Di PASQUALE .................................................... 50 RESEARCH ARTICLES .................................................................................................. 69 Individual Values and Acculturation Processes of Immigrant Groups from Turkey: Belgium, Germany, and the Netherlands, Ergün ÖZGÜR ...................................... 69 Social Participation as Reported by Civil Servants and Volunteers Working with Newly Arrived Immigrants in Sweden: Qualitative Data from a Delphi Study, Ann HÄGG-MARTINELL, Henrik ERIKSSON, Per EKSTRAND , Marja SCHUSTER, Joacim LARSEN .................................................................................................................. 98 Citizenship Reimagined Through the Narrative of “Privileged Immigrants”, Emma LUCIER-KELLER ..................................................................................................... 115 BOOK REVIEWS ........................................................................................................ 137 Radu Carp, A light in the darkness. Democracy, the rule of law and human rights in a changing world [O lumină în întuneric. Democrație, stat de drept și drepturile omului într-o lume în schimbare], Târgoviște: Cetatea de Scaun Publishing House, 2020, ISBN-13: 978-606-537-499-7, 297 pages, Review by Cristina MATIUTA ... 137 Antonio De Lauri (editor), Humanitarianism. Keywords, Leiden: Brill, 2020, ISBN 978-90-04-43113-3, Review by Ioana ALBU ........................................................ 140 NOTES ON CONTRIBUTORS ..................................................................................... 144 1 Journal of Identity and Migration Studies Volume 15, number 1, 2021 THEMATIC ARTICLES: SIDES OF FORCED MIGRATION (Cr)immigration, Race and Belonging: Why We Must Conceptualize Immigration Detention as Punishment? Joel PLATT Abstract. This paper firstly illustrates how immigration detention borrows legitimacy from the prison, as the primary structure of prevailing philosophical accounts of punishment, whilst eschewing its normative underpinnings. However, rather than then placing immigration detention outside the realm of punishment, this paper draws upon sociological endeavours, arguing that we are witnessing the evolving nature of punishment for non- nationals. Through the resurgence of nationalism, the reach of punishment is becoming global, transitioning away from liberal foundations of inclusion. The (cr)immigration complex (with immigration detention at its heart) outlines the parameters of belonging in contemporary society, symbolically and instrumentally excluding those deemed undesirable. Such is intertwined with longstanding issues of race and power (a relationship currently overlooked within the punishment literature) and should alarm us all. Keywords: immigration, race, belonging Introduction Immigration detention is not a novel occurrence in Britain, though its use has expanded dramatically1 in response to the ‘competing and reinforcing forces’ of globalisation and nationalism.2 Whilst globalisation instigates the flow of people, the nation-state determines their fate because it confers the right to have rights. The volant pace of globalisation has further exposed the paradoxes of democracy: a system guaranteeing universal values for its citizens.3 Contemporaneously, the 1 Michael Flynn, How and why immigration detention crossed the globe (GDP Working Paper No. 8) (Geneva, Switzerland: Global Detention Project, 2014). 2 Mary Bosworth, Katja Franko and Sharon Pickering, ‘Punishment, globalization and migration control: ‘Get them the hell out of here’ [2017] 20(1) Punishment & Society 34, 35. 3 Seyla Benhabib, The Rights of Others: Aliens, Residents and Citizens (Cambridge: Cambridge University Press, 2004). 2 Why we must conceptualize immigration detention as punishment? JIMS - Volume 15, number 1, 2021 ‘asymmetric’4 incorporation of the criminal law within immigration administration (dubbed ‘crimmigration’) acts as a ‘gatekeeper of membership’,5 not least through immigration detention. This paper firstly illustrates how immigration detention borrows legitimacy from the prison (as the primary structure of prevailing philosophical accounts of punishment) whilst eschewing its normative underpinnings. However, rather than then placing immigration detention outside the realm of punishment, this paper draws upon sociological endeavours, arguing that we are witnessing the evolving nature of punishment for non-nationals. Through the resurgence of nationalism, the reach of punishment is becoming global, transitioning away from liberal foundations of inclusion. This paper will illustrate how such is intertwined with longstanding issues of race and power (a relationship currently overlooked within the punishment literature), asserting that the crimmigration phenomena must alarm us all. The Purpose(s) of Punishment and ‘Administrative’ Immigration Detention Notwithstanding the progressive convergence of the criminal law and immigration administration, immigration detention is ‘not formally a punishment nor does it require a criminal conviction’.6 In fact, most detainees have not been criminally convicted; ‘nobody is serving a sentence’.7 Thus, immigration detention has largely been neglected within punishment scholarship.8 However, for those subject to it, immigration detention feels intentionally punitive.9 The ‘penal character’ of immigration detention renders it difficult to 4 Stephen Legomsky, ‘The New Path of Immigration Law: Asymmetric Incorporation of Criminal Justice Norms’ [2007] 64(1) Wash & Lee L Rev 469. 5 Juliet Stumpf, ‘The Crimmigration Crisis: Immigrants, Crime and Sovereign Power’ (Bepress Legal Series, Working Paper 1635, 2006) <http://www.law.bepress.com/expresso/eps/1635> accessed 2 February 2021. 6 Sarah Turnbull, ‘“Stuck in the middle”: Waiting and uncertainty in immigration detention’ [2016] 25(1) Time & Society 61, 63. 7 Mary Bosworth, ‘Border criminology: How migration is changing criminal justice’ in Mary Bosworth, Carolyn Hoyle and Lucia Zedner (eds.), Changing Contours of Criminal Justice (Oxford: Oxford University Press, 2016) 218. 8 Katja Franko Aas, ‘Bordered penality: Precarious membership and abnormal justice’ [2014] 16(5) Punishment and Society 520. 9 Sarah Turnbull and Ines Hasselberg, ‘From prison to detention: The carceral trajectories of foreign national prisoners in the United Kingdom’ [2017] 19(2) Punishment & Society 135. 3 Joel PLATT JIMS - Volume 15, number 1, 2021 distinguish from the prison as the modern site of punishment.10 The majority