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Makeshift Migrants and Law exposes how the migrant subject is assembled or dismantled in law in a postcolonial context. It exposes the deeper issues implicated in debates over migration and the rights claims of migrants. The analysis moves beyond understanding migrants primarily as those who fall outside the purview of formal citizenship laws or who cross territorial boundaries. It concentrates on the terms of belonging and non-belonging and how juridical entitlements are bestowed or withheld against the boundaries of sexual, gender, and religious difference as well as postcolonial anxieties over securing national borders and identity. These anxieties produced in the context of the colonial encounter continue to inform the postcolonial present. The book focuses on migrants who occupy a subaltern position. These include women who cross borders clandestinely as a result of anti-trafficking interventions, tightening of border controls and anti-terror laws, or are afforded little legal recognition domestically because of their sexual or cultural transgressions, such as bar dancers, sex workers or domestic workers. They also refer to citizen subjects who are rendered as lesser citizens, or cast as outsiders or ‘Others’ because of suspicions over their fealty to the nation and the threat they seem to pose to the very identity of the nation-state, such as Muslims. The subaltern migrant is regulated by a scaffolding of laws that tolerate, ignore, rescue, incarcerate, deport or even eliminate, but rarely liberate.
ISBN - 9780415596299
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Pages : 247
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