Abstract

This article outlines Public Social Services’ encounters with irregular migrants in Sweden from the perspectives of institutional and street-level bureaucrats. Staff and executive considerations are influenced by a de jure exclusion of irregular migrants, which is an element of the control of migration. Staff face contradictory demands concerning international and national regulations, which leads to legal ambiguities open to discretionary powers. The aim is to explore the handling of such cases, experiences and considerations with an interest in the values that are invoked when enacting discretion and to discuss implications of the unclear legal situation. The material was obtained using web-based questionnaires. A tentative analysis confirms that the Public Social Services encounter irregular migrants and that handling differs greatly. It suggests that different approaches and the contradictory legal framework endanger the rule of law. Differing reference points appear to be invoked when enacting discretion: some related to social work and others to controlled migration. The social work values invoked by some respondents might imply an appreciation of a right to services and control of migration as independent processes and jurisdiction related to human rights that are applicable beyond the nationally framed legal status and not subordinated to policies of migration.

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