ABSTRACT This paper introduces the concept of third-country liminality to capture the intensifying layers of uncertainty experienced by mothers from El Salvador, Honduras, and Guatemala sent to Mexico during their U.S. asylum process. Unlike migrants in other precarious legal situations, these women face multiple possible outcomes: deportation from the U.S., deportation from Mexico, release into the U.S., or asylum in Mexico. Drawing on 125 interviews, I examine how mothers seeking asylum navigate life amid restrictive U.S. immigration laws and border policies involving a third country. I demonstrate that mothers experience this context as multiple forms of liminality. Rather than occurring in distinct or sequential stages, these sociolegal, temporal, and spatial liminalities are deeply entangled, compounding a sense of precarity, ambiguity, and tenuousness. Third-country liminality becomes evident as mothers seeking asylum navigate cycles of detention in the U.S., forced relocation to Mexico, court appearances in the U.S., and subsequent returns to Mexico, all while continuing to care for their children whom they brought with them and those in their country of origin.

Abstract In 2019, during a UNHCR high-level meeting on statelessness for Southern Africa, the South African government pledged to adopt a statelessness determination procedure (SDP) to identify and protect stateless migrants. However, this commitment has yet to be fulfilled. Stateless persons in South Africa, are particularly vulnerable. Without a nationality or a legal status ensuring their protection, they face an increased risk of rights violations and systemic exclusion. This article argues that the exclusion of stateless migrants from recognition and protection violates their rights to equality and dignity. Consequently, the state has a constitutional duty to establish a legally formalised SDP which would recognise and protect them by conferring legal status upon them. The shortcomings in current immigration law and the challenges with implementation of the statelessness provisions of South Africa’s citizenship law further stress the need to fulfil this constitutional duty.

ABSTRACT International college athletes (ICAs) are a growing portion of U.S. higher education undergraduate students. Those coming to the U.S. to play a sport and earn their degree face myriad regulatory agencies and restrictive policies that uniquely structure their path to higher education. Yet little is known about how ICAs persist through the extensive U.S. immigration laws, NCAA requirements, and institutional standards, all of which create barriers to entry. Through qualitative interviews with successfully recruited former ICAs, we explore the policies, regulations, and norms that compose the global athletic recruitment field. In mapping the field of international athletic recruitment, our study uncovered how the rules of the field and gatekeepers in the field provided barriers for some and systems of advantage for others. ICAs’ ability to navigate the field’s regulations and gatekeepers varied depending on their level and deployment of interrelated forms of economic, social, and cultural capital.

The Canadian college sector is facing a systemic crisis driven by the perfect storm of chronic provincial underfunding and abrupt federal immigration policy shifts. This moderated discussion explores how reforms to Canada’s immigration laws with respect to international students have triggered a crisis for Canadian postsecondary institutions, including substantial budget losses, program cancellations, and significant human costs for international students and college and university employees. Through professional perspectives from advising, department leadership, faculty, and executive, the authors detail institutional responses to fiscal constraints and operational uncertainty. Using case studies from Seneca Polytechnic, Durham College, and Conestoga College in Ontario, and Kwantlen Polytechnic University in British Columbia, the moderated discussion highlights the precarious reliance on international tuition and the resulting erosion of campus community. Ultimately, the authors argue that this crisis necessitates a new social contract for Canadian higher education, urging a fundamental transformation of funding models and a renewed focus on institutional integrity and public purpose.

ABSTRACT Much of the original philosophical literature on immigration focused on the general question of whether borders should be open. More recently, more specific questions regarding immigration have come to the fore. This article considers an important attempt to show that consideration of one of these more specific questions, the ethical limits on the enforcement of immigration law, leads to an answer to the general question of whether borders should be open. On this indirect argument for open borders, even if we assume that states have the right to exclude, the ethical limits on the means used to enforce this right imply that borders should be open. In early 2026, with President Trump using novel tactics to enforce immigration law and anti-immigrant sentiment on the rise in many countries, it may seem that this indirect argument is correct. However, using the United States’ Chinese Exclusion Cases as an example, I argue that the ethical limits on the means used to enforce the right to exclude do not imply that borders should be open.

Despite their status as a formally protected group in US immigration law, unaccompanied minors are not guaranteed legal representation. Facing removal proceedings in immigration court alone places children at high risk of deportation back to danger and deprivation in their home countries. Limited funding exists for migrant-serving legal aid organizations, and indigent children’s demand for free legal services far outpaces the available supply. This article examines access to counsel among unaccompanied minors in removal proceedings in US immigration court using a newly compiled administrative dataset comprising nearly four hundred thousand cases. We contribute to access-to-justice scholarship on the “justice gap”—the difference between the number of people experiencing civil legal problems who could benefit from legal assistance and those who receive it. Past research on immigrant adults and the broader civil legal realm has focused on geographic factors and resource availability as determinants of access to counsel. We find that these are also important determinants of access to counsel among immigrant children. In addition, we show that client characteristics—namely, gender, age, nationality, and Indigeneity—that potentially shape the viability of the case in immigration court, and, thereby, attorneys’ client selection practices, also act as determinants of access to counsel.

This study aims to analyze the disharmony of interpretation between the Ministry of Manpower and immigration authorities regarding the use of Visit Visa index C.18 for foreign experts or technicians in Indonesia. This issue arises due to differences in perspectives in determining the scope of permitted activities for foreign nationals, which potentially leads to legal uncertainty, opportunities for misuse of residence permits, and weak supervision of foreign nationals. This research employs a normative juridical method with statutory and conceptual approaches by analyzing applicable regulations and legal concepts related to institutional authority and policy harmonization. The results indicate that the lack of alignment between immigration and labor policies creates multiple interpretations in the implementation of Visa C.18, resulting in inconsistencies in supervisory practices. Therefore, regulatory harmonization is required through clear limitation of permitted activities and strengthened inter-agency coordination. This study contributes to the development of immigration law studies, particularly in promoting legal certainty and improving the effectiveness of foreign national supervision in Indonesia.

The misuse of visit stay permits for work by foreign nationals is a problem that has the potential to negatively impact the economic sector, particularly the collection of Immigration Non-Tax State Revenue (PNBP). This study aims to comprehensively analyze immigration violations and their enforcement against foreign nationals using a cost-benefit analysis approach. This study uses a case study of five Indian citizens working using visit stay permits in Jakarta. This study uses qualitative and quantitative approaches, collecting data from several sources, including analysis of policy documents, data on foreign nationals involved, and calculations of the resulting costs and benefits. The analysis shows that law enforcement is not yet effective enough against violators because it still causes economic impacts (losses in immigration non-tax revenue). Meanwhile, the only benefits obtained are forced removal of foreign nationals from Indonesian territory (deportation) due to immigration violations. This study recommends an immigration law enforcement strategy that emphasizes imposing costs on foreign nationals who violate their stay permits as an effort to recover the losses in immigration non-tax revenue. Therefore, the results of this study are expected to serve as a reference for policymakers in formulating more effective and sustainable immigration policies.

U.S. immigration laws and policies are subject to rapid and constant changes, rendering the landscape for immigration legal research complicated, messy, and sometimes unreliable. This article explores an immigration researcher’s challenge of accessing, evaluating, and relying on immigration resources when laws and policies change almost daily through executive orders, regulatory changes, or the simple disappearance of information from government websites. Using a survey of research platforms and resources, including comprehensive legal research databases, specialized online libraries, and publicly accessible websites and newsletters, this analysis identifies the strengths and weaknesses of accessing immigration law and policy information. In an era defined by uncertainty, and when researchers are confronted with paywalls, subscription fees, broken links, and outdated information, this article can serve as a practical guide for navigating the complex and evolving maze of U.S. immigration law resources.

Human smuggling is an immigration-related criminal offense that has serious impacts on state sovereignty and legal order. Although it has been explicitly regulated in Law Number 6 of 2011 concerning Immigration, the enforcement of this law still faces various challenges, particularly regarding the legal liability of perpetrators and judicial considerations in assessing the fulfillment of criminal elements, especially when the perpetrator is an Indonesian citizen. This research aims to analyze the legal liability of perpetrators who transport people across national borders without using valid travel documents and to examine the legal basis of judicial considerations in Decision Number 684/Pid.Sus/2025/PN Mdn. The method used in this research is normative legal research with statutory and case approaches. The results of this study indicate that legal liability can be imposed if all elements of Article 120 paragraph (1) of the Immigration Law are fulfilled, including the element of intent and the act of transporting people across national borders illegally. Judicial considerations are based on the proof of intent, the active role of the perpetrator, and the commission of acts outside the immigration inspection mechanism, so that the decision reflects efforts to protect state sovereignty and prevent human smuggling.

This study examines the legal protection of illegal Indonesian migrant workers, who are considered both as lawbreakers and victims of exploitation, in the context of compliance with Indonesian migrant worker and immigration laws and the protection of human rights based on Islamic law. Using normative legal research, the study analyses the imbalance between Law No. 18/2017, which limits protection for migrant workers who have legal documents, and the 1990 CMW Convention and the 2000 Palermo Protocol, which guaranty the basic rights, regardless of the legal status. The results of the study reveal that the pros and cons regarding illegal procedural Indonesian migrant workers are in substance to the violation of the law. From an Islamic law perspective, this issue needs to be addressed and a solution sought by updating Law Number 18 of 2017 so that there is no difference between official and unofficial Indonesian migrant workers. This is in line with the maqashid syari'ah in Islamic law, the 1990 CMW Convention and the 2000 Palermo Protocol.

This study examines how former F-1 visa international students experience and navigate institutional, financial, and immigration systems in U.S. higher education. Using a transformative paradigm and Critical Policy Analysis, the research focuses on graduates from a private performing arts college. Data sources include semi-structured interviews with international graduates. Findings highlight ongoing financial struggles, restrictive immigration laws, and inconsistent institutional support, alongside strong peer networks and resilience. Participants described balancing the benefits of U.S. education with the emotional and financial costs of maintaining legal status and education. The study expands existing research by focusing on students’ stories as a form of policy insight and demonstrating how students interpret and respond to institutional policy. Implications emphasize the need for institutions to reinvest international revenue into direct support services, align advising and financial structures, and advocate for more fair immigration and funding policies that support international students’ persistence, well-being, and sense of belonging.

This study examines the implementation of the precautionary principle as a law enforcement instrument in immigration supervision of foreign workers at the Indonesia Morowali Industrial Park (IMIP) Airport in Morowali to safeguard national sovereignty. The rapid development of the Morowali industrial area has resulted in high mobility of foreign workers, especially from China, thus requiring a strict and professional immigration supervision system. This normative juridical research uses a legislative and conceptual approach to analyze the legal basis, implementation mechanisms, and effectiveness of the precautionary principle in the context of immigration supervision. The results show that the precautionary principle has a strong legal basis in Law No. 6 of 2011 concerning Immigration as amended by Law No. 63 of 2024 and is implemented through a comprehensive immigration and employment document verification mechanism, an early detection system for potential violations, and integrated coordination between relevant agencies. The implementation of this principle is effective in preventing immigration law violations, protecting the interests of local workers, and maintaining national sovereignty. However, significant challenges remain, including the high volume of foreign worker arrivals, lIMIPed human resources, the complexity of employment documentation, and technical constraints in information technology infrastructure. The study recommends increasing the number of immigration officers, developing an integrated information system, developing more specific standard operating procedures, and strengthening inter-agency coordination through the formation of an integrated task force to optimize the effectiveness of immigration oversight in protecting national sovereignty.

This normative legal research analyzes the legal uncertainty regarding work rights for Foreign Workers (TKA) in mixed marriages with Indonesian Citizens (WNI) due to the disharmony between Law Number 13 of 2003 concerning Manpower in conjunction with Law Number 6 of 2023 concerning Job Creation (Job Creation Law) and Law Number 6 of 2011 concerning Immigration. The analysis of the norm hierarchy confirms that the Job Creation Law fails to impartially implement Article 42 letter e of the Immigration Law (KITAS mixed marriage), while systematization and synchronization indicate a conflict.special law versus general law which triggers dualism between RPTKA/IMTA and residence permits. Central Java BPS data of 165 foreign workers (2024) and the illegal Kendal case in 2025 illustrates this.that bewhich is contrary to that should Conclusion: The existing framework creates normative uncertainty. Recommendations include revising the Immigration Law (Article 42A, which exempts migrant workers from obtaining a permanent residence permit), a one-stop service Presidential Regulation, and a Ministry of Manpower-Immigration coordination task force to ensure legal certainty, protect families, and prioritize the national workforce in accordance with Article 28D of the 1945 Constitution and Constitutional Court Decision No. 168/PUU-XXI/2023.

ABSTRACT One of the ways in which challenges pertaining to the influx of immigrant groups in Europe have been dealt with is by the use of the vague and broad concept of ‘social integration’. The integration conditions in immigration and citizenship laws are increasingly expanding. This article analyses how the European Court of Human Rights has applied social integration and how it has impacted the right to freedom of religion or belief. The article found that when creating ‘imagined identities’, which require immigrants to adapt to the European norms and values, the Court only superficially engaged in an evidence-based necessity test and quickly diverted to the margin of appreciation. Similarly, the Court of Justice of the European Union reinforces this trend by merely glossing over the analysis when considering Islamic headscarf cases. This might unjustifiably and disproportionately affect the right to freedom of religion or belief of immigrants in Europe.

This research examines law enforcement against immigration violations and the factors influencing the effectiveness of border crossing inspection at the Immigration Checkpoint (TPI) of Tanjung Perak, Surabaya. Immigration inspection plays a vital role in safeguarding national sovereignty and monitoring cross-border human movement. Using a normative juridical approach with statutory and conceptual approaches, the findings demonstrate that enforcement procedures include document verification, identification of violations, administrative actions, and deportation in accordance with Law Number 6 of 2011 concerning Immigration. Common violations found include misuse of stay permits, travel document forgery, unauthorized border crossers, and illegal activities by foreign nationals beyond visa provisions. However, implementation still faces challenges such as limited human resources, inadequate infrastructure, and weak inter-agency coordination. Several factors affect the effectiveness of inspections, including personnel quality, technological support, legal frameworks, infrastructure capacity, traveler volume, inter-agency cooperation, political and international relations factors, socio-cultural dynamics, financial and logistical support, as well as internal supervision and accountability systems. The research concludes that institutional capacity building, policy integration, regulatory harmonization, and strengthened internal supervision are essential to ensure optimal immigration control at TPI Tanjung Perak in facing global challenges.

Botswana has relied on migrant skilled labour since gaining independence in 1966. Migrant skilled labour was recruited worldwide, contributing to Botswana’s socio-economic development trajectory. Consequently, Botswana was classified as a developmental state and an upper-middle-income economy by the 1990s. Using immigration politics to frame the debate, this research argues that migrant skilled labour was instrumental to Botswana’s political and socio-economic development, albeit creating systemic challenges. It contends that some of Botswana’s key economic sectors are controlled by some immigrants who exert undue influence on Botswana’s political leadership and economic policies, while also igniting xenophobic sentiments from indigenous communities. The research further maintains that Botswana has securitised immigration and indiscriminately declared immigrants who are not politically connected as prohibited. In conclusion, this research proposes immigration laws and policies that are inclusive and balance the interests of indigenous people, the state and immigrants.

Historically, the number of United Kingdom (UK) emigrants has exceeded the number of immigrants, but this trend began to change in the early 1970s. The UK government has been enforcing strict immigration controls to reduce the number of immigrants, especially asylum seekers. The country even left the European Union to better control its borders and consider new arrivals based on their skills. However, despite tighter immigration policies, long-term international migration to the UK has continued to grow. The ongoing, and to some extent gendered and racialised, migration fix has not provided a sustainable solution for the country. Instead, it has increased the vulnerability and anxiety of refugees, asylum seekers, and other migrants. Informed by a scoping review and the concept migration fix, this article examines UK immigration policies since World War II. This article is important for understanding the migration fix in UK immigration and asylum policies and their effects on asylum seekers, refugees, and other migrants.

This article examines the practice of illegal pushbacks at Greece's borders through the lens of “enemy under-criminalization.” Drawing on field reports, testimonies, and academic analyses, the study identifies three defining characteristics of pushbacks: raw violence, permanent exclusion, and the absence of the law. It argues that, unlike crimmigration, which merges criminal and immigration law, pushbacks operate entirely outside legal frameworks, creating an extralegal space, where unrestrained violence replaces legal procedures, treating irregular border crossers as “enemies.” The concept of enemy under-criminalization reflects the exclusion of irregular migrants from both physical territory and legal protection, framing them as adversaries to be removed rather than individuals with rights. By situating pushbacks as a punitive strategy beyond crimmigration, this study underscores their implications for justice, accountability, and the integrity of democratic institutions.

This study explores the pivotal role of undocumented immigrants in Amsterdam’s informal economy, emphasizing their economic contributions despite systemic exclusion from formal institutions. Drawing on the mixed embeddedness theory and disadvantage theory, the study examines how restrictive immigration laws and limited market opportunities shape the entrepreneurial activities of undocumented individuals. These entrepreneurs often operate in marginalized sectors, such as hospitality, cleaning, and informal retail, where they navigate precarious conditions, exploitative practices, and lack of access to such formal and legal protections as social security, healthcare access, and regulatory standards. Public discourse in the Netherlands frequently portrays undocumented immigrants as a burden on society, overshadowing their significant contributions to local economies. By analyzing the interaction between institutional barriers and economic agency, this study underscores the resilience and ingenuity of undocumented entrepreneurs in sustaining livelihoods while highlighting the structural inequities that perpetuate their vulnerability. The findings aim to inform policy discussions on integrating undocumented workers into the formal economy, recognizing their vital role in urban economic ecosystems.