Non-status Migrants Research Articles

Montreal’s Sanctuary Policy for Non-Status Migrants: Opportunity and Obstacles

In February 2017, the city of Montreal adopted a policy entitled Access to Municipal Services Without Fear with a view to allowing non-status migrants to access some municipal programs and services without fear of being arrested and removed from Canada. This article offers a critical analysis of the city of Montreal’s policy. We discuss the main barriers to implementation, namely, the limited jurisdictional power and authority of the city in migration matters and the municipal police’s refusal to comply with the policy. We draw on the conceptual framework of the sanctuary city to argue that the municipality crafted creative solutions to barriers as part of its bid to make the city more inclusive.

Hiding for Survival: Highlighting the Lived Experiences of Precarity and Labour Abuse Among Filipino Non-status Migrants in Canada.

Non-status migrants are individuals who do not hold a valid immigration document or official status to stay in Canada. This paper presents a case study on the experiences of non-status migrants seeking access to health, social, and community services. Through interviews with five non-status migrants, the authors explore the specific needs, rights, services and barriers they encountered. Our findings highlight five case-based themes that centre on the (1) undocumented and hidden costs of striving for status, (2) aspirations to stay in Canada, (3) navigation through the everyday struggles to survive, (4) acts of selflessness and (5) resistance against the stigmatisation of being labelled a non-status migrant. Despite their fear of exposure to professionals, non-status participants express willingness to utilise services in the community. However, there is considerable paucity of information about the resources that they could access freely and without risk. This paper offers key recommendations for social work practitioners who engage in social justice and advocacy work alongside non-status migrants in Canada.

Rien ne doit se faire pour eux sans eux : renforcer la participation des demandeurs d'asile, réfugiés et migrants sans statut et des organismes communautaires dans la recherche en santé.

The number of vulnerable migrants in Canada is on the rise. While debates on immigration policies have been at the forefront, there has been little dialogue regarding the health and well-being of refugees, asylum-seekers and non-status migrants despite the significant health inequities that these populations face. In this context, health research that aims to understand migrants' realities, develop appropriate health and social services and policies, and empower these populations, is needed more than ever. Participatory action research (PAR) is one approach for conducting relevant and empowering research with migrants, however it remains underutilized due to inadequate funding, infrastructure and support. PAR addresses real-life challenges, emphasizes collaboration with communities, and involves all stakeholders, including community-based organizations, in the co-construction and implementation of practical solutions. In this commentary, we call for more research with and for migrants, particularly in the form of PAR, as well as for more targeted funding initiatives and research conditions (University, funding agencies) that foster and support this type of research.

(No) Access T.O.: A Pilot Study on Sanctuary City Policy in Toronto, Canada

The “Sanctuary City” movement is a grassroots, human rights-based response to increased numbers of non-status migrants living and working in global cities. This paper shares the results of a one-year pilot study on Sanctuary City policy in Toronto, Canada. Styled Access T.O., Toronto's Sanctuary City policy is meant to provide non-status residents access to municipal and police services without fear of being detained or deported. Recent reports indicate that the policy is faltering. Based on interviews with city staff and politicians, Community Service Organizations, NGOs, professionals (e.g. doctors, lawyers), and non-status migrants, we identify barriers to the implementation of the policy. We argue that Access T.O. will fail unless City Council provides the funding and mandate for: more comprehensive training tailored to specific City Divisions, dedicated Access T.O. portfolios within many (if not all) City Divisions, “service integration” geared towards better community engagement and capacity-building, and revisiting the City’s position on the collection and protection of demographic data.

In Plain Sight: Documenting Immigration Detention in Canada

In December 2013, Lucia Jimenez was caught paying less than the full fare for a public transit ticket. An undocumented Mexican national, Jimenez was taken into custody by the Canadian Border Services Agency. She hanged herself shortly thereafter. Following Jimenez’s death, a friend argued, “Lucia ended up being a ghost here.” Like so many non-status migrants for whom banal daily rituals—like accessing public transit—are dangerous, Jimenez practiced a necessary invisibility. But it wasn’t until her undocumented status came to light that she really disappeared: she entered the state’s “apparatus of disappearance, and vanished in plain sight” (Nield). Given the technologies of surveillance at work in detention facilities, it seems counterintuitive to constitute them as places where one can vanish, but such is the case in Canada, where there is no upper limit on the length of immigration detention. Tings Chak takes up these issues in her 2015 graphic essay, Undocumented: the Architecture of Migrant Detention, arguing that there is a pressing need “to make visible the sites and stories of detention.” With attention to Chak’s book and to the circumstances surrounding Jimenez’s death, this essay takes up the call to instigate a public conversation about immigration detention in Canada.

Alain Badiou and the Sans-Papiers

The rising number of non-status migrants is one of the central political issues of our time. This essay argues that if we want to understand the political and philosophical importance of this phenomenon, the contributions of Alain Badiou, his militant group L'Organisation politique (OP), and the struggle of the sans-papiers movement in France are absolutely crucial. This is the case because, I will argue, Badiou, the OP, and the sans-papiers created a new kind of migrant justice struggle in the mid-1990s that in many ways remains at the practical and theoretical roots of much of non-status migrant organizing today. However, this essay also argues that Badiou's theoretical and political work with the sans-papiers also needs to be revised and updated in light of certain developments in more recent migrant justice struggles.

Refugee Hotels: The Discourse of Hospitality and the Rise of Immigration Detention in Canada

While serving as Minister of Citizenship and Immigration Canada between 2008 and 2013, Jason Kenney likened the detention facilities used to house an increasing number of asylum seekers and non-status migrants to hotels. And yet, when addressing the responsibilities of citizenship, he repeatedly argued that “Canada is not a hotel.” However contradictory, Kenney’s references to hotels and, implicitly, to the comforts and privileges they represent, draw on the idea of Canadian hospitality: the suggestion is that we detain asylum seekers in hotels or hotel-like conditions because we are an hospitable people but that our reputation for hospitality leaves us vulnerable to migrants who construe themselves as hotel guests with privileges rather than citizens with responsibilities. Paying particular attention to recent legislative reforms that will almost certainly result in the incarceration of more asylum seekers, this article asks how Canadian hospitality is defined and practiced today. More generally, it uses discourse analysis to explore the tension between the Canadian ideal of hospitality and the realities of an expanding immigration detention system.

Speaking through the body: detention and bodily resistance in Italy

This work reflects on the character of the modalities that non-status migrants are deploying in the context of current politics of the camp, with special attention to the Italian context. It will suggest that once the possibilities of dissent through the voice (the political tool par excellence in a liberal democracy, and one associated primarily with rationality and the capacity for reason) are foreclosed, migrants tend to resort to another powerful tool: their own body. Detainees have made their bodies speak by resorting to practices of self-mutilation, hunger strike, suicide attempts, and lips and eyes sewing. Detainees' violent acts of dissent are not dissimilar from the violent modalities used, a few centuries earlier, by some enslaved people who chose liberty through death. The aim is not so much to make comparison between the two figures, but to emphasise the way in which, under conditions of extreme control, subjugation or unfreedom, acts of dissent and resistance – and thus acts of politics, as articulated in Rancière's concept of dissensus – are not necessarily enacted through democratic practices but, on the contrary, through whatever modalities are available to them, including violent (self-harm) modalities.

Gagging orders: asylum seekers and paradoxes of freedom and protest in liberal society

The detention of non-status migrants is now commonplace in developed countries. Detention has been justified on such grounds as security, the welfare of non-status migrant populations, and as a way to speed up processing asylum claims. Drawing from the artist Krzysztof Wodiczko's sustained interest in themes of migration and belonging, this article examines the relationships between technologies of government in detention and accommodation facilities, and the possibilities and constraints of protest that these settings and practices give rise to. The analysis highlights paradoxes of freedom as well as opportunities for protest that imbue these spaces. Using Foucault's discussion of technologies of government, we draw on empirical research to highlight how orientation booklets, classes, and legal self-representation manuals are technologies that compel asylum seekers to become ideal detainees in hopes of being understood as ‘liberal subjects’ worthy of inclusion in a small number of evermore tightly policed Western European states. We conclude with the suggestion that asylum seekers' paradoxical encounters with technologies of liberal government deliver a challenge to the accepted framework of citizenship within liberal societies.

Violence at the Borders

This paper argues that borders and violence against migrants no longer takes place exclusively at the geographical space between two sovereign territories. Instead border violence today has become much more normalized and diffused into society itself. An entire privatized industry now capitalizes on the cycle of transporting, incarcerating, hiring, and releasing nonstatus migrants. Similarly, however, resistance to this violence is also shifting from the older confrontation with sovereignty and the demands for rights to the larger aim of making the nonstatus migrant or nomad the new figure of political belonging and solidarity: demanding equality for an regardless of status.

Mobilizing in Borderline Citizenship Regimes: A Comparative Analysis of Undocumented Migrants’ Collective Actions

This article seeks to explain how and why groups and networks of undocumented migrants mobilizing in Berlin, Montréal, and Paris since the beginning of the 2000s construct different types of claims. The authors explore the relationship between undocumented migrants and state authorities at the local level through the concept of the citizenship regime and its specific application to undocumented migrants (which they describe as the “borderline citizenship regime”). Despite their common formal exclusion from citizenship, nonstatus migrants experience different degrees and forms of exclusion in their daily lives, in terms of access to certain rights and services, recognition, and belonging within the state (whether through formally or nonformally recognized means). As a result, they have an opportunity to create different, specific forms of leeway in the society in which they live. The concurrence of these different degrees of exclusion and different forms of leeway defines specific conditions of mobilization. The authors demonstrate how the content of their claims is influenced by these conditions of mobilization.

Irregular migrants, neoliberal geographies and spatial frontiers of ‘the political’

AbstractIn this article I argue that the demands of irregular migrants to belong to political communities constitute key contemporary sites of ‘the political’. I also argue that geographies associated with neoliberal globalisation (transnational production circuits, special economic zones and global cities) are implicated in irregular migration flows and in new conceptions of political belonging. In relation to these claims, I reflect upon recent mobilisations in the US context, in which hundreds of thousands of irregular migrants and their supporters asserted the right to belong. I suggest that similar claims to belong are likely to proliferate and that neoliberal geographies may provide some clues as to where and how these contemporary frontiers of the political might proceed. I conclude by suggesting that a multidimensional approach to political belonging provides a sound conceptual starting point for the analytical and normative challenges raised by both the claims of non-status migrants and the sovereign practices of contemporary states.

Hidden Meanings of Health Security: Migration Experiences and Systemic Barriers to Mental Well-Being among Non-status Migrants in Canada

Hidden Meanings of Health Security: Migration Experiences and Systemic Barriers to Mental Well-Being among Non-status Migrants in Canada