Undocumented Migrants and Resistance in the Liberal State

Abstract

This article explores the possibility of resistance under conditions of extreme state power in liberal democracies. It examines the strategies of migrants without legal status who, when threatened with one of the most awesome powers of the liberal state—expulsion—shed their legal identity in order to escape the state’s reach. Remarkably, in doing so, they often succeed in preventing the state from exercising its sovereign powers. The article argues that liberal states are uniquely constrained in their dealing with undocumented migrants. Not only are they forced to operate within the constraints of the international legal order—making repatriation contingent on the possession of identity documents—but the liberal state is also constitutionally limited in its exercise of coercion against the individual. The article concludes that it is those individuals who have the weakest claims against the liberal state that are most able to constrain its exercise of sovereignty.