ALEX BALCH IMMIGRATION AND THE STATE FEAR, GREED AND HOSPITALITY Immigration and the State ‘This excellent book points up the huge gap between the rhetoric of the UK as a welcoming refuge for those fl eeing violence and the reality of rac- ism, destitution and despair facing those, from the Jews of 1905,through post-war refugees from Stalinism, Ugandan Asians expelled by Amin to present-day seekers of asylum.’ — Gary Craig , Professor of Community Development and Social Justice, School of Applied Social Sciences, Durham University, UK Alex Balch Immigration and the State Fear, Greed and Hospitality Alex Balch Department of Politics University of Liverpool United Kingdom ISBN 978-1-137-38588-8 ISBN 978-1-137-38589-5 (eBook) DOI 10.1057/978-1-137-38589-5 Library of Congress Control Number: 2016947221 © The Editor(s) (if applicable) and The Author(s) 2016 The author(s) has/have asserted their right(s) to be identifi ed as the author(s) of this work in accordance with the Copyright, Designs and Patents Act 1988. This work is subject to copyright. All rights are solely and exclusively licensed by the Publisher, whether the whole or part of the material is concerned, specifi cally the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfi lms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specifi c statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. The publisher, the authors and the editors are safe to assume that the advice and information in this book are believed to be true and accurate at the date of publication. Neither the pub- lisher nor the authors or the editors give a warranty, express or implied, with respect to the material contained herein or for any errors or omissions that may have been made. Cover image courtesy of Julio Reija Printed on acid-free paper This Palgrave Macmillan imprint is published by Springer Nature The registered company is Macmillan Publishers Ltd. London ACKNOWLEDGEMENTS There was once a time, not that long ago, when one might have received strange looks for admitting to spending a large part of one’s life studying the politics of immigration. Of course, in the context of the topic’s steady rise up the agenda, and with the political turmoil in the USA and Europe over refugees and irregular immigration in 2014 and 2015, the decision by an academic to immerse oneself in such a subject (and write a book about it) is no longer unusual. Indeed, as a specialism, immigration poli- tics has a growing appeal within academia but, as is becoming clear, the behaviour of states towards immigrants has a deeply personal resonance for many people. My interest was fi rst of all inspired by my experiences as a migrant English teacher in Chile, Spain, and France. It was the disadvan- tages and injustices experienced by other immigrants that I met along the way that so impressed me at the time. This interest was then nourished, developed, encouraged, and guided following my subsequent decision to return to post-graduate studies. I should also add that, as one part of a multinational European family, there are always directly personal reasons for considering the implications of politics and policy where immigration is concerned. A decade or so later, and following a PhD and several post- doctoral jobs, I was appointed a lecturer in a politics department, so it has now become my job to talk about the politics of immigration. My enthusi- asm for the topic only grows as I fi nd it such a uniquely useful entrance or window into all aspects of politics and the shifting role of the state. This book is the result of a natural development of my central interest in immigration and politics. It seeks to explore and explain the myriad ways in which politics and immigration connect; why immigration systems v vi ACKNOWLEDGEMENTS develop as they do, and how they are infl uenced by the political realm. It is also, naturally, a refl ection upon the different people and organizations that I have come into contact with, sometimes worked with or even writ- ten about, over the last 15 years or so in the UK and USA. Here is not the place to list each and every one, but I would like to thank my colleagues at the Department of Politics at the University of Liverpool—we are a small but hardy bunch. The friendship and good humour you have provided make the job such an enjoyable one. Thanks also to the folks at the Center for Comparative Immigration Studies, University of California, San Diego, and thanks to collaborators past and present in other universities—notably Gary Craig, Sam Scott, Glynn Rankin, Nick Clark, Ruxandra Trandafoiu, Alex MacKenzie, Joao Carvalho, and Andrew Geddes. A more unexpected but equally important source of ideas has come from my engagement with state and non-state efforts to combat forced labour and human traffi cking. This has been both as researcher/author, and also as a volunteer at City Hearts, an organization that looks after vic- tims of human traffi cking. Perhaps above all else, the direction which this book has taken was inspired by time spent working with those caught up in the worst parts of the immigration machine, and listening to others work- ing, often with little recognition, to provide such people with help, hope, and hospitality. Special thanks to Phill Clayton, Andy Houghton, and everyone else in the Liverpool City Hearts team. Also thanks to Richard Huzzey and Richard Benjamin from the International Slavery Museum for welcoming me into the world of anti-slavery studies and encouraging me to pursue work that attempts to engage with contemporary and his- torical efforts to combat exploitation. Finally, if I were only allowed to thank one person then writing these acknowledgements would have been an easy task. My biggest and most heartfelt thanks go to Katia: the most intelligent, generous, and thought- ful person I know. I am so grateful for your supernatural capacity for lis- tening and endless patience in putting up with the endless cycle of writing, talking, writing, and talking again which ultimately ended up producing this book. You have never failed to motivate me and provide just the right balance of challenge and support. This book is dedicated to you, and to our two beautiful children, Elena and Stefan. They were on the way in the latter stages of writing this manuscript and showed great restraint and consideration in waiting to make their entrance until a few weeks after its completion. CONTENTS 1 Introduction 1 Part I 15 2 A ‘Migrant Crisis’? 17 3 The Human Rights Defi cit 37 4 Illiberal Liberalism 67 Part II 95 5 Immigration Politics in the UK and the USA 97 6 Eighteenth to Twentieth Century: Pulling Up the Drawbridge 117 7 Twenty-First Century: Attrition by Enforcement 151 vii viii CONTENTS Part III 175 8 Fear 177 9 Greed 201 10 Hospitality 225 11 Conclusions 243 Bibliography 251 Index 289 ABBREVIATIONS ACCESS Agreements of Cooperation in Communities to Enhance Safety and Security ACLU American Civil Liberties Union AFL-CIO The American Federation of Labor and Congress of Industrial Organizations BNP British National Party BPT British Political Tradition CARRP Controlled Application Review and Resolution Program CEAS Common European Asylum System CEDARS Compassion, Empathy, Dignity, Approachability, Respect and Support CIR Comprehensive Immigration Reform CIS Centre for Immigration Studies CoE Council of Europe DACA Deferred Action for Childhood Arrivals DAPA Deferred Action for Parents of Americans and Lawful Permanent Residents DFT Detained Fast Track DHS Department of Homeland Security DREAM Development, Relief, and Education for Alien Minors EEA European Economic Area ECHR European Court of Human Rights EU European Union FAIR Federation for American Immigration Reform FBI Federal Bureau of Investigation FCN Friendship, Commerce, and Navigation GCIM Global Commission on International Migration ix x ABBREVIATIONS HSMP Highly Skilled Migrant Programme IACHR Inter-American Commission on Human Rights ICCPR International Covenant on Civil and Political Rights ICE Immigration and Customs Enforcement ID Identifi cation Cards IIRIRA Illegal Immigration Reform and Immigrant Responsibility Act (1996) ILO International Labour Organisation ILPA Immigration Law Practitioners Association INS Immigration and Naturalization Service IOM International Organisation for Migration IPPR Institute for Public Policy Research IRCA Immigration Reform and Control Act (1986) IRO International Refugee Organization JCWI Joint Council for the Welfare of Immigrants JHA Justice and Home Affairs MAC Migration Advisory Committee MOU Memorandum of Understanding NAFTA North American Free Trade Agreement NCADC National Coalition of Anti-Deportation Campaigns NF National Front NGO Non-Governmental Organisation NHS National Health System NSEERS National Security Entry-Exit Registration System OAS Organization of American States PPACA Patient Protection and Affordable Care Act SNP Scottish National Party TGWU Transport and General Workers’ Union TUC Trades Union Congress TVPA Traffi cking Victims Protection Act UDHR Universal Declaration of Human Rights UK United Kingdom UN United Nations UNHCR United Nations High Commissioner for Refugees UNODC United Nations Offi ce for Drugs and Crime UNRRA United Nations Relief and Reconstruction Agency USA United States of America WVS World Values Survey LIST OF TABLES Table 6.1 History of immigration politics in the UK and the USA 119 xi CHAPTER 1 Introduction When Chae Chan Ping, a Chinese national who had worked in California for 12 years, was returning by ship to the USA from a visit home to China, he surely did not realize how signifi cant his trip might be for the his- tory of immigration law.