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This article explores the interrelationship between state-manufactured statelessness, mass atrocities (specifically genocide) and a historical cycle of forced migration and mass deportation. It does so through a case study of stateless but long-term resident populations of Vietnamese origin in Cambodia. A specific focus is on how these matters were brought before and were adjudicated by the Extraordinary Chambers in the Courts of Cambodia, the hybrid court established to address crimes committed during the Khmer Rouge regime (1975–1979). The article situates these observations within the broader context of statelessness and recurrent forced migration and deportations affecting this minority group, including more contemporary measures regarding the relocation of communities and the institution of a group-specific identification regime. Appreciating the phenomenon of state-manufactured statelessness helps us better understand the nature and conditions of mass deportations and mass crimes committed against non-citizen populations. It also helps us see state-sponsored statelessness and the mass arbitrary deprivation of citizenship as an early warning for increased risks of mass atrocities, including deportations. International(-ised) criminal trials alone are insufficient to transform such deeply rooted situations of social exclusion, if the non-citizenship status of affected populations remains unaddressed. [ABSTRACT FROM AUTHOR]

This article introduces a collaborative publication exploring the intricate interplay between poverty governance, migration control, and welfare provision. Adopting a 'keywords' approach, we investigate the terminology and concepts around which academic discussions revolve when addressing poverty and migration. Central to this examination is the figure of the 'poor migrant', whose experiences of inclusion and exclusion intersect along lines of race, gender, and legal status. Using an intersectional lens, the publication dissects key terms and concepts : Welfare State, Welfare Governance, Citizenship, Solidarity and Deservingness, Suspicion and Surveillance, Discipline, and Banishment. We thus aim to conceptualise and critically discuss the constant renegotiation of state power and the nation-state induced in ex/inclusionary aspects of welfare and migration policies and law. The contribution reveals how notions of belonging shape access to rights and services, particularly along racialized and classist lines. Moreover, it explores how migration policies exacerbate scrutiny and exclusion faced by non-citizen populations within contemporary welfare systems. [ABSTRACT FROM AUTHOR]

Australia has been widely condemned for its harsh and comprehensive external border controls that seek to control the inward mobility of would-be asylum seekers through visa denial, interdiction and offshore detention. Less widely discussed is the fact that internal controls have been repeatedly ramped up over the past two decades. This includes the administrative removal of lawfully-present non-citizens following visa cancellation on character grounds under s501 of the Migration Act 1958 (Cth). Automatic visa cancellation was introduced in 2014 for non-citizens sentenced to a prison term of 12  months or more, or for certain offences, bypassing individualised decision-making and raising the spectre of a visa cancellation pipeline feeding a highly automated deportation machinery. In an age of increasingly automated forms of governance, a key question that arises is the role that has been played by automated systems in achieving what has been a seismic shift in practice, and the normative implications of any developments towards automation within the visa cancellation and removal systems. This paper outlines the shift towards automation in other systems of governance in Australia—most notably the notorious Robodebt scheme—before examining automation in Australia’s visa cancellation system. Documentary analysis of recent parliamentary inquiries, independent reports and government policy is used to piece together the development of inter-agency data exchange practices and automation over three specific periods—historical practice pre-2014, post-2014 to the present, and proposed future developments. We conclude that Australia’s s501 visa cancellation system is neither automated nor automatic. Rather, the 2014 law reform gave rise to a ‘surveillance fantasy’ with immense consequences for non-citizens, particularly those who face long days in immigration detention at the conclusion of their prison sentence. We show that while concerns about increasing automation are well-founded, systems based on less sophisticated forms of information handling and reliant on human decision-making nevertheless continue to raise age-old questions concerning efficiency, accuracy and fairness. [ABSTRACT FROM AUTHOR]

Background: Approximately 30,000 non-citizens are living with HIV in Botswana, all of whom as of 2020 are eligible to receive free antiretroviral treatment (ART) within the country. We assessed the prevalence of HIV-1 mutational profiles [pre-treatment drug resistance (PDR) and acquired drug resistance (ADR)] among treatment-experienced (TE) and treatment-naïve (TN) non-citizens living with HIV in Botswana. Methods: A total of 152 non-citizens living with HIV were enrolled from a migrant HIV clinic at Independence Surgery, a private practice in Botswana from 2019–2021. Viral RNA isolated from plasma samples were genotyped for HIV drug resistance (HIVDR) using Sanger sequencing. Major known HIV drug resistance mutations (DRMs) in the pol region were determined using the Stanford HIV Drug Resistance Database. The proportions of HIV DRMs amongst TE and TN non-citizens were estimated with 95% confidence intervals (95% CI) and compared between the two groups. Results: A total of 60/152 (39.5%) participants had a detectable viral load (VL) >40 copies/mL and these were included in the subsequent analyses. The median age at enrollment was 43 years (Q1, Q3: 38–48). Among individuals with VL > 40 copies/mL, 60% (36/60) were treatment-experienced with 53% (19/36) of them on Atripla. Genotyping had a 62% (37/60) success rate – 24 were TE, and 13 were TN. A total of 29 participants (78.4, 95% CI: 0.12–0.35) had major HIV DRMs, including at least one non-nucleoside reverse transcriptase inhibitor (NNRTI) associated DRM. In TE individuals, ADR to any antiretroviral drug was 83.3% (20/24), while for PDR was 69.2% (9/13). The most frequent DRMs were nucleoside reverse transcriptase inhibitors (NRTIs) M184V (62.1%, 18/29), NNRTIs V106M (41.4%, 12/29), and K103N (34.4%, 10/29). No integrase strand transfer inhibitor-associated DRMs were reported. Conclusion: We report high rates of PDR and ADR in ART-experienced and ARTnaïve non-citizens, respectively, in Botswana. Given the uncertainty of time of HIV acquisition and treatment adherence levels in this population, routine HIV- 1C VL monitoring coupled with HIVDR genotyping is crucial for long-term ART success. [ABSTRACT FROM AUTHOR]

The Nordics have employed discourses of gender equality and women's rights and a welfare‐oriented approach to punishment as integral parts of inclusive welfare states and their 'goodness'. Drawing on ethnographic fieldwork with non‐citizen women at Vestre Prison in Denmark, this article suggests that the will to punish and banish prevails over the state's commitment to women's rights and protection. Rather than being an inherent feature of incarceration, the pain experienced by non‐citizen women in prison is a 'political statement' (Bosworth, 2023). Employing precarisation, incarceration and deportation to govern unwanted non‐citizens and (re)produce the borders of membership, the Danish state also reproduces the conditions for gendered harm. Bordered penality, this article concludes, is gendered. [ABSTRACT FROM AUTHOR]

U.S. non-citizen residents are burdened by inequitable access to socioeconomic resources, potentially placing them at heightened risk of COVID-19-related disparities. However, COVID-19 impacts on non-citizens are not well understood. Accordingly, the current study investigated COVID-19 mortality disparities within New York (NYC) and Los Angeles (LAC) to test our hypothesis that areas with large proportions of non-citizens will have disproportionately high COVID-19 mortality rates. We examined ecological associations between March 2020-January 2021 COVID-19 mortality rates (per 100,000 residents) and percent non-citizens (using ZIP Code Tabulation Areas (ZCTA) for NYC and City/Community units of analysis for LAC) while controlling for sociodemographic factors. Multiple linear regression analyses revealed significant positive associations between the percentage of non-citizen residents and COVID-19 mortality rates in NYC (95% CI 0.309, 5.181) and LAC (95% CI 0.498, 8.720). Despite NYC and LAC policies intended to provide sanctuary and improve healthcare access for non-citizen residents, communities with larger proportions of non-citizens appear to endure higher COVID-19 mortality rates. The challenges that non-citizens endure-e.g., inequitable access to public benefits-may discourage help-seeking behaviors. Thus, improved health surveillance, public health messaging, and sanctuary policies will be essential for reducing COVID-19 mortality disparities in communities with large shares of non-citizens.

Australia has been widely condemned for its harsh and comprehensive external border controls that seek to control the inward mobility of would-be asylum seekers through visa denial, interdiction and offshore detention. Less widely discussed is the fact that internal controls have been repeatedly ramped up over the past two decades. This includes the administrative removal of lawfully-present non-citizens following visa cancellation on character grounds under s501 of the Migration Act 1958 (Cth). Automatic visa cancellation was introduced in 2014 for non-citizens sentenced to a prison term of 12 months or more, or for certain offences, bypassing individualised decision-making and raising the spectre of a visa cancellation pipeline feeding a highly automated deportation machinery. In an age of increasingly automated forms of governance, a key question that arises is the role that has been played by automated systems in achieving what has been a seismic shift in practice, and the normative implications of any developments towards automation within the visa cancellation and removal systems. This paper outlines the shift towards automation in other systems of governance in Australia—most notably the notorious Robodebt scheme—before examining automation in Australia’s visa cancellation system. Documentary analysis of recent parliamentary inquiries, independent reports and government policy is used to piece together the development of inter-agency data exchange practices and automation over three specific periods—historical practice pre-2014, post-2014 to the present, and proposed future developments. We conclude that Australia’s s501 visa cancellation system is neither automated nor automatic. Rather, the 2014 law reform gave rise to a ‘surveillance fantasy’ with immense consequences for non-citizens, particularly those who face long days in immigration detention at the conclusion of their prison sentence. We show that while concerns about increasing automation are well-founded, systems based on less sophisticated forms of information handling and reliant on human decision-making nevertheless continue to raise age-old questions concerning efficiency, accuracy and fairness.

BackgroundApproximately 30,000 non-citizens are living with HIV in Botswana, all of whom as of 2020 are eligible to receive free antiretroviral treatment (ART) within the country. We assessed the prevalence of HIV-1 mutational profiles [pre-treatment drug resistance (PDR) and acquired drug resistance (ADR)] among treatment-experienced (TE) and treatment-naïve (TN) non-citizens living with HIV in Botswana.MethodsA total of 152 non-citizens living with HIV were enrolled from a migrant HIV clinic at Independence Surgery, a private practice in Botswana from 2019–2021. Viral RNA isolated from plasma samples were genotyped for HIV drug resistance (HIVDR) using Sanger sequencing. Major known HIV drug resistance mutations (DRMs) in the pol region were determined using the Stanford HIV Drug Resistance Database. The proportions of HIV DRMs amongst TE and TN non-citizens were estimated with 95% confidence intervals (95% CI) and compared between the two groups.ResultsA total of 60/152 (39.5%) participants had a detectable viral load (VL) >40 copies/mL and these were included in the subsequent analyses. The median age at enrollment was 43 years (Q1, Q3: 38–48). Among individuals with VL > 40 copies/mL, 60% (36/60) were treatment-experienced with 53% (19/36) of them on Atripla. Genotyping had a 62% (37/60) success rate – 24 were TE, and 13 were TN. A total of 29 participants (78.4, 95% CI: 0.12–0.35) had major HIV DRMs, including at least one non-nucleoside reverse transcriptase inhibitor (NNRTI) associated DRM. In TE individuals, ADR to any antiretroviral drug was 83.3% (20/24), while for PDR was 69.2% (9/13). The most frequent DRMs were nucleoside reverse transcriptase inhibitors (NRTIs) M184V (62.1%, 18/29), NNRTIs V106M (41.4%, 12/29), and K103N (34.4%, 10/29). No integrase strand transfer inhibitor-associated DRMs were reported.ConclusionWe report high rates of PDR and ADR in ART-experienced and ART-naïve non-citizens, respectively, in Botswana. Given the uncertainty of time of HIV acquisition and treatment adherence levels in this population, routine HIV-1C VL monitoring coupled with HIVDR genotyping is crucial for long-term ART success.

This article defends the normative relevance of the representation of non-citizens in democracies. I argue that representation within nation-states constitutes a realistic institutionalisation of the All-Affected Principle, allowing justificatory practices towards non-citizens and establishing political institutions that can realise the ideal of inclusion of all externally affected individuals. I defend electoral, non-electoral and surrogate forms of representation of affected interests that satisfy both the cosmopolitan concern for the equal consideration of interests and the statist defence of the importance of a territorially and civically bounded demos. I assess piecemeal implementations of representation practices, namely reciprocal representation, ombudspersons, self-appointed representatives and deliberative and advocacy groups. Gradual and pluralised means of representation constitute necessary and feasible first steps to consider affected interests and offer an alternative route to an all-or-nothing defence of inclusion as national enfranchisement. [ABSTRACT FROM AUTHOR]

This article explores my personal journey as a migrant from Colombia to the United States, the experiences of my friend, and the experiences of other migrants as we navigate our identity as citizens and 'aliens' during COVID-19. As I dig deep into what being a citizen represents when we migrate from our country of origin, I explore the different layers of meaning that this journey takes when a health pandemic, like COVID-19, is thrown into the mix. [ABSTRACT FROM AUTHOR]

Sanctuary policies are generally explained as the outcome of a conflict between desires for openness and restrictionist impulses. In this view, economic factors are exogenous forces that interact with ideological commitments. In contrast, we contend that some of these economic factors follow from ideological commitments and are therefore not exogenous forces. The economic factors follow from ideology because governments that choose to enact sanctuary policies also favor higher levels of land-use and labor-market regulation. We show that: (1) declines in the relative size of the non-citizen population pre-date the sanctuary policies and are confined to counties that ultimately adopt the sanctuary policies; and (2) reduced access to housing and labor markets predicts both sanctuary policy adoption and negative changes in the relative size of the non-citizen population. Thus, the outcomes from policy choices of left-of-center governments on land-use and labor-market regulation directly contravene the apparent purpose of the sanctuary policy. [ABSTRACT FROM AUTHOR]

The principles of equality and non-discrimination offer potentially valuable tools to challenge discriminatory practices employed by States against non-citizens. However, nationality and immigration-related exceptions are an established feature of non-discrimination laws. Such exceptions raise fundamental questions about the scope of the protection offered by anti-discrimination laws and have the potential to perpetuate, rather than eliminate, race discrimination. This article addresses this critical but often neglected issue, through a doctrinal analysis of two specific exceptions - Articles 1(2) and 1(3) of the UN Convention on the Elimination of All Forms of Racial Discrimination and Article 3(2) of the EU's Race Equality Directive - and an examination of their impact in practice at the domestic level. We argue that nationality and migration status exceptions must be interpreted as narrowly as possible, in line with the core purpose of these instruments to eliminate race discrimination. Furthermore, we suggest that the interplay between these legal frameworks at the domestic level of implementation takes on particular importance in defining the scope and limits of nationality and migration-based exceptions. [ABSTRACT FROM AUTHOR]

This article questions multiculturalism's reliance on citizenship as a default condition of inclusion. While agreeing with multiculturalists that there are groups within the citizenry who are excluded from citizenship rights on the basis of their cultural background, this article highlights the misrecognition of non-citizens that is yet unaccounted for by Anglophone theories of multiculturalism where eligibility to multicultural rights-claiming hinges on the condition of formal citizenship. The status of non-citizenship affects conceptions of 'difference' where representations of cultural 'otherness' are compounded by the 'foreignness' of non-citizens. Frameworks of multicultural citizenship entail recognition through group-specific rights, but only for citizens, in so doing excluding the needs and rights of non-citizens. The assumption made by multiculturalists is that citizenship is a condition of multicultural rights and/or recognition despite scenarios where non-citizens may not desire the citizenship of their host country, or the idea of 'belonging' it is attached to. Appealing to multiculturalist principles and the neo-republican notion of non-domination, I argue that multiculturalism as a theory can challenge the limitations of citizenship by expanding its compass to include non-citizens as multicultural subjects. [ABSTRACT FROM AUTHOR]

Information and communication technology held promise for quite a while as a potential instrument for instigating new rhetoric in public discourse, and a would-be generator of social change. This development has been particularly desired in the area of mobility and border control. In this paper, I further my analysis of counter-security technologies used by illegalised migrants, and explore its potential impact on how we conceptualise and engage with irregular migration. I look at the use of information and communication technology (such as smartphones and social media) in developing and adopting counter-accounts around migration that can assist in desecuritisation of the issue, and rehumanisation of border crossers. Ultimately, I argue, counter-security technologies could be instrumental in altering narratives pertinent to people on the move, and their transformation from illegalised non-citizens to (unhyphenated) noncitizens. As such, they are defined by the relationship with the state, in which their human rights and agency will be upheld. [ABSTRACT FROM AUTHOR]

Recent escalations in migration control involve the criminalization of non-citizens. In assessing this punitive turn criminologists have highlighted drastic expansions in state sovereignty and coercion. Focusing on the Australian context, this article examines a less noticed trend: the civilianization of migration policing. To facilitate irregular migrants' removal the government has created tip-lines that encourage private citizens to conduct surveillance and anonymously 'dob-in' or report unlawful non-citizens. Approaching the initiative as a distinct responsibilization strategy that enrolls the entire citizen body as policing agents, this article explores its instrumental and symbolic goals, whether expanding official gazes or restoring an exclusive sense of national citizenship. Assessing the functions and effects of public vigilance reveals important tensions and ambiguities within the responsibilization process. In particular the case of participatory surveillance demonstrates how 'adaptive' approaches to order maintenance are not external to, but potentially promote and perpetuate, punitive forms of sovereign power. [ABSTRACT FROM AUTHOR]

Copyright of Canadian Yearbook of International Law is the property of Cambridge University Press and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

By problematizing how morality is discussed in cosmopolitan education without addressing the rightlessness of non-citizens I draw on thoughts by Martha Nussbaum and Marianna Papastephanou on how human rights and agency can be reclaimed through a critical cosmopolitanism. Educational philosophy on cosmopolitan education presupposes the juridical right to education. Due to this presupposition, the subject who is excluded by legal limitations of rights is not necessarily addressed by morally conceptualizations of cosmopolitanism and education. This paper seeks to investigate this gap by asking what significance cosmopolitanism and philosophy have for the rightlessness, drawing on the problematization by Hannah Arendt on the limitations of the human rights project. The concept of phronesis is invoked in order to stress the importance for cosmopolitan educationalists to theorize the non-citizen and to address those who are excluded from the legal right to education. [ABSTRACT FROM AUTHOR]

Copyright of Filozofski Vestnik is the property of Scientific Research Centre of Slovenian Academy of Sciences & Arts and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The terrain of reproductive policy in the U.S. must be reformed with the goal of concentrating on the reproductive- rights of noncitizens. Given the long history of failing to address the reproductive interests of the least advantaged- members of society, this article identifies the creation of the constitutional rights to contraception and abortion- as on-demand, pay-to-play rights through Supreme Court jurisprudence and legislatively through the Hyde- Amendment as obstacles to reproductive access. Namely, these forces disadvantage indigent pregnant women,- their families, and their future children, a disadvantage most palpably felt by noncitizens. The failure to tend to- the reproductive interests of the least advantaged members of society thus has reverberating consequences, further- entrenching social inequalities for future generations. The primary protections available to pregnant, indigent- noncitizens are the limited, emergency-related protections of the EMTALA, which will be explored as the manner- in which noncitizens can exercise reproductive rights by unpacking judicial, administrative, and professional- interpretations of that law. While that statute, DACA, and other measures are steps in the right direction, this- article concludes that reproductive policy still must be significantly reformed to offer more expansive care to this- group. [ABSTRACT FROM AUTHOR]

After years of frenetic cross-border movement, in 2014, a mother and daughter live in post-Soviet Georgia as practically stateless noncitizens. Recognizing the advantages of citizenship, they commit their limited resources to obtaining citizenship documents. Through an analysis of their attempts to make citizenship claims and build stable lives, this paper argues that the contemporary Georgian citizenship regime fosters a relationship that further destabilizes the lives of already vulnerable non-citizens. It does so by drawing them in with the promise of citizenship – only to deny them. Yet, Georgian citizenship law is neither uniquely malicious nor indifferent; its form of ‘inclusive exclusion’ is an inherent feature of the reigning paradigm of global citizenship. In this context, far from being passive subjects, non-citizens facing consistent official refusals and seemingly flagrant obfuscation actively attempt to both maintain their relationship with the state and transform it in their favor. [ABSTRACT FROM AUTHOR]

Non-citizens in Latvia: Is it a Real Problem? Following the restoration of independence in 1991, Latvia has introduced restrictive citizenship strategy involving citizenship only to those who had it before the Soviet occupation, and to their descendants. As a result, about one-third of the population in Latvia – the former citizens of the Soviet Union who had immigrated to Latvia during the Soviet period—received the status of ‘non-citizen’. In the 1990s, political discourse on the citizenship policy dominated in Latvia. Exclusive Citizenship Act was criticized by international institutions, including the UN, EU, OSCE and CoE. As a result of international pressure Latvia has introduced appropriate amendments to facilitate access to citizenship for non-citizens. Non-citizens and stateless in Latvia represent 11.8% and 0.01% of the population, respectively, which is more than 252 thousand residents of Latvia. It means that non-citizenship phenomenon has not been resolved completely. A few Latvian regulations restrict non-citizens and stateless to participate in elections, occupy public positions and offices, and travel. This article addresses the problem of non-citizenship as a second matter of concerns in Latvian domestic policy. While limitations for non-citizens implicate their political, economic and social status, Latvian authority is far from granting citizenship to non-citizens in ‘zero option’ procedure. Nieobywatele na Łotwie: czy problem jest aktualny? Po odzyskaniu niepodległości Łotwa w 1991 roku wprowadziła restrykcyjną strategię obywatelstwa, polegającą na przywróceniu obywatelstwa jedynie tym osobom, które posiadały je przed okupacją sowiecką, oraz ich potomkom. W wyniku tego około jednej trzeciej populacji na Łotwie – byłych obywateli Związku Radzieckiego przybyłych na Łotwę w okresie sowieckim – otrzymało status „nieobywatela”. W latach dziewięćdziesiątych kwestia obywatelstwa zdominowała dyskurs polityczny na Łotwie, a wyłączająca ustawa o obywatelstwie była krytykowana przez różne instytucje międzynarodowe, w tym ONZ, UE, OBWE i Radę Europy. Międzynarodowa presja spowodowała, że Łotwa wprowadziła stosowne poprawki, ułatwiając dostęp do obywatelstwa dla nieobywateli. Obecnie nieobywatele stanowią 11,8%, a bezpaństwowcy – niecałe 0,01% populacji, co wynosi łącznie ponad 252 tys. mieszkańców Łotwy. Oznacza to, że problem braku obywatelstwa nie został rozwiązany całkowicie. Niektóre regulacje ograniczające prawa nieobywateli i bezpaństwowców odnoszą się do prawa wyborczego, możliwości zajmowania pewnych stanowisk i urzędów oraz podróży. Artykuł poświęcony jest zjawisku braku obywatelstwa na Łotwie, które obecnie nie jest przedmiotem większego zainteresowania władz Łotwy. Regulacje ograniczające prawa nieobywateli wpływają na ich status polityczny, ekonomiczny i społeczny, jednak podjęcie decyzji o automatycznym obywatelstwie dla nieobywateli przez władze Łotwy jest mało prawdopodobne.

This paper compares participation in different forms of political action between natives, immigrants and non-citizen immigrants using data from thirteen European countries across six waves of the European Social Survey. The authors highlight problems associated with previous categorizations of political action, and find that when political action is disaggregated and relative participation between groups is examined, that immigrants' patterns of participation are not substantially different from those of natives. When comparing citizen immigrants to non-citizen immigrants, previous research has suggested that citizenship acts as a "ticket" to non-institutional, unconventional, confrontational forms of political action. The authors' findings instead suggest a more complicated relationship between immigrant/citizenship status and preferences for political action since citizenship may facilitate participation in both so-called institutional and extra-institutional activities depending on the context of action. [ABSTRACT FROM AUTHOR]

This article examines the decisions of the Migration Review Tribunal (now the Administrative Appeals Tribunal) in relation to appeals of student visa cancellations. It draws on a 2010-11 study of appealed cases, and discusses both quantitatively and qualitatively the appeals and the decisions. The study builds on literature surrounding the regulation of migration and non-citizens within national borders by analysing the regulation of international students who occupy a hybrid space or status: as desired economic migrants and as non-citizens subject to strict migration enforcement if they breach visa conditions. The findings point to inconsistencies in decision-making, concerns regarding the internal processes of some education institutions and a broader concern with regard to how, or if, students are supported to appeal visa cancellations. [ABSTRACT FROM AUTHOR]

Through an examination of the Mainland Travel Permit for Hong Kong and Macau Residents, this paper argues that there is a disjuncture between the idea of home and citizenship for mobile Chinese subjects and that this disjuncture reveals the crucial and constant work of defining non-citizens in order to safeguard citizenship. That is, non-citizens are essential for the definition of citizenship. Non-citizens are not simply there, as refugees, migrants, or stateless people. Rather, the state must engage in constant project of defining them through a process that I identify as mass capture. I develop the concept of mass capture by engaging with Agre’s work differentiating surveillance from capture. Agre’s insistence upon capture as a process that has a grammar, and thus a process that demands the intricacies of reading, allows for a way of understanding the state’s large-scale collection of personal data in terms that take up surveillance as a logic of legibility. [ABSTRACT FROM PUBLISHER]

When non-citizens are caught up in humanitarian crises, they can be as vulnerable to displacement, and suffer its consequences as acutely, as citizens. Yet frameworks and capacities for assisting and protecting them are lacking.

Following the restoration of independence in 1991, Latvia has introduced restrictive citizenship strategy involving citizenship only to those who had it before the Soviet occupation, and to their descendants. As a result, about one-third of the population in Latvia - the former citizens of the Soviet Union who had immigrated to Latvia during the Soviet period—received the status of 'non-citizen'. In the 1990s, political discourse on the citizenship policy dominated in Latvia. Exclusive Citizenship Act was criticized by international institutions, including the UN, EU, OSCE and CoE. As a result of international pressure Latvia has introduced appropriate amendments to facilitate access to citizenship for non-citizens. Non-citizens and stateless in Latvia represent 11.8% and 0.01% of the population, respectively, which is more than 252 thousand residents of Latvia. It means that non-citizenship phenomenon has not been resolved completely. A few Latvian regulations restrict non-citizens and stateless to participate in elections, occupy public positions and offices, and travel. This article addresses the problem of non-citizenship as a second matter of concerns in Latvian domestic policy. While limitations for non-citizens implicate their political, economic and social status, Latvian authority is far from granting citizenship to non-citizens in 'zero option' procedure. [ABSTRACT FROM AUTHOR]

While scholarship around urban fear has brought forward important insights around the relationship between fear, mobility and social exclusion, questions relating to legal exclusion have largely been left outside the scope of inquiry. In cities around the world there are, however, a growing number of people who are not only de facto excluded from rights to/within the city (based on their gender, class, age etc.) – but de jure excluded based on their non-citizen or ‘illegal’ status in the host country. Drawing upon field work conducted in the Malaysian city George Town this study examines how both regular and irregular Burmese migrants perceive safety and danger in the city and how this, in turn, influences how they navigate urban space. The results of the study reveal how the migrants in George Town navigate the city as a ‘borderscape’ – producing a(nother) geography of fear which does not primarily reflect a fear of crime but rather a fear of state institutional practices, such as police controls, road blocks and raids. This shows, the paper argues, the need to pay attention towards both social and legal exclusions when examining how people in cities around the world are able to access and take possession of urban space. [ABSTRACT FROM AUTHOR]

This article examines whether its desire to join the European Union exerted any influence upon Latvian nationality policy. The author concludes that external pressure upon Latvian policymakers during the accession process led to a significantly more liberal and inclusive citizenship law than might have otherwise been adopted. The analysis includes an assessment of current concerns in nationality and minority policy in Latvia including the large number and status of non-citizens, the application of language legislation, and the reform of the education system. EU membership is expected to make Latvian citizenship more attractive for non-citizens and the country will continue to be required to meet its international obligations regarding treatment of the non-citizen population and minorities. However, there is a risk that the completion of accession negotiations and accompanying reduction in European Commission influence coupled with intense pressure on limited economic and administrative resources in the new member states will sideline respect for and protection of minority rights.

This article considers two questions: (1) Do democratic states have the right to deport non-citizens present or residing on their territory? (2) And, if so, what principles should guide deportation in democratic states? The overall objective is to offer an account of what deportation should look like in a liberal democratic state. I begin by situating the practice of deportation in larger discussions of the extent of state discretion in controlling both borders and membership; here, I will argue that potential deportees occupy an awkward middle space, i.e. it is not clear whether they should be treated according to the principles that regulate discretion at the border or discretion in admitting migrants to membership. I then consider more deeply whether deportation can be rendered non-arbitrary, or whether it is bound to remain unjustly applied; where it cannot be rendered non-arbitrary, it must be rejected, or so I shall argue. To be non-arbitrary, the practice of deportation must meet three criteria: a publicity criterion, a justification criterion, and a collective interest criterion. In the final section of the article, I disentangle deportation into its component parts – I distinguish just cause for deportation from just action in deportation – and consider how the criteria that stem from a commitment to non-arbitrariness constrain its application to non-citizen residents. The consequence of requiring deportation to be applied, if at all, in a non-arbitrary way is that there will certainly be cases where liberal democracies find themselves unable to deport those who might otherwise be thought eligible for deportation. Ultimately, I conclude that deportation from liberal democratic states can be fair only in a small number of cases. [ABSTRACT FROM AUTHOR]

Objectives: To analyse public attitudes towards access for non-citizens to publicly funded health care and to assess the factors that affect such attitudes. Study design: Cross-sectional study. Methods: Data from 29 countries were used for a multilevel regression, and data from four countries (United States, Sweden, Philippines, and Korea) were used for a linear regression. The data were collected from the International Social Survey Program (ISSP), the World Bank, the Organization for Economic Cooperation and Development (OECD), and the United Nations. The dependent variable was considered to be agreement for non-citizen access to publicly funded health care. The independent variables included: the gross national income (GNI), the gross national income coefficient (GINI), sex, age, education, household income, employment, health insurance, self-related health status, chronic illness, percent having insurance, percent having public insurance, percent employed, percent migrants, percent of health expenditure of the total gross domestic product (GDP), and percent of social expenditure of the total GDP. Egalitarianism for education policy (EEP), egalitarianism for health policy (EHP), and willingness to contribute to an egalitarian health policy (WCHP) were also examined. Results: In the countries surveyed, more than half of the citizens agreed that non-citizens should have access to publicly funded health care. Agreement with that statement had a negative trend with respect to the GNI. The percent having public insurance and WCHP had a significantly positive association with agreement while the percent of those with insurance had a negative relationship. In the USA, household income, EHP, and WCHP were positively associated with agreement, while females were inversely associated with agreement. In Sweden, having health insurance had an inverse association to agreement while females, postsecondary education, health insurance coverage, and WCHP were positively associated with agreement. In the Philippines, household income, EEP, and EHP had significant negative associations with agreement while WCHP had a positive relationship. In Korea, household income and self-rated health status were positively associated with agreement, while postsecondary education had a negative association. Conclusion: Public attitudes towards allowing non-citizens to have access to publicly funded health care present high levels of variation, even among developed countries or countries with similar GDPs. The specific socio-economic conditions within a country and an individual's own social, demographic, and economic background can have different effects on the individual's attitudes towards non-citizens. On a global level, coverage of public health insurance plays an important role for enhancing the public's positive attitudes towards noncitizens' access to publicly funded health care. On a national level, health care policies tailored toward non-citizens based on the specific situation of each country and region are necessary. [ABSTRACT FROM AUTHOR]

Proposals to extend the franchise to non-citizens have recently been defended on the basis of principles of democratic inclusion that challenge the sovereign authority of states to decide who may participate as a member in the democratic constituency. Here the requirement of extending the franchise to non-citizens is considered in the context of municipalities dominated by national minorities and in light of the claims of national minorities to self-rule. In these contexts, the settlement and enfranchisement of migrants sometimes dilute the strength and increase the costs of minority nationalist policies. The political dynamics created by extending voting rights to non-citizens where national minorities struggle for self-rule illuminate that moral arguments for extending voting rights to non-citizens can confuse two issues, the first being who has the right to participate in shaping the common projects of a democratic community and the second being whose interests should be considered in the course of decision making by that community. In these contexts, non-citizens have the right to have their interests considered and to have their rights taken seriously, but they may not have a strong claim to participate as voters in community decision making. [ABSTRACT FROM AUTHOR]

We explore how young Hungarians construct active citizenship in a context of political discontent and social and economic uncertainty. From research conducted in the autumn of 2012, we link up young Hungarians voices to the much debated theoretical models of citizenship. We find that while these young people's abstract and normative constructions of active citizenship tend to resonate with a duty-based 'communitarian' model of citizenship, their opinions on social and political issues echo a more 'critical' model of citizenship, which lays emphasis on equality and social justice. Additional themes to emerge, and of which may be a hindrance to political participation, include: the view that demonstrating is 'bad'; and, that young people construct themselves and their peers as 'non-citizens'. We argue that in order to help overcome this passive and non-agentic perception of democratic citizenship, citizenship education in schools should be combined with purposely reflective youth debates on what it means to be a young person in Hungary now. [ABSTRACT FROM AUTHOR]

Contemporary constitutions provide for the protection of fundamental rights not only for citizens but for anyone in its territory. This paper discusses legislation and comparative jurisprudence on this issue. Specifically that in international mechanisms for the protection of human rights and the constitutional systems of the United States, Canada, South Africa and Ireland. [ABSTRACT FROM AUTHOR]

Intensifying processes of globalization have led to a series of tensions around the way in which even the most cosmopolitan democracies now treat people who move across their borders. Non-citizens have become problems. The postcolonial settler nation-states – Australia, Canada, the USA and others – were ‘founded’ by immigrants and refugees who moved globally to become citizens in these ‘new lands’. Such countries were made by migrants displacing indigenous others. However, in a conflict-ridden world in which the displacement of persons has become endemic – and in a media-connected world where the possibility of finding a better place to live has become increasingly imaginable and desired – these countries are now attempting to manage that global flow of people by stringent homeland security measures that are becoming increasingly problematic. While they are constituted through the modern imaginary of liberal democratic norms, human rights and rule of law, in each country over the last few years, rules have been bent, breached or bolstered in order to keep people out. The essay argues that given the globalization of people movement, the nation-state has reached the limits of responding though unilateral or even regional multilateral arrangements. [ABSTRACT FROM PUBLISHER]