Legal Studies C134
kinship principle
Definition: "Give priority to relatives of citizens in immigration policy" It is a feature of families that their members are morally connected to people they have NOT chosen. Importance: That is current policy in the United States, and it seems especially appropriate in a political community largely formed by the admission of immigrants. It is a way of acknowledging that labor mobility has social price: since laborers are men and women with families , one cannot admitted them for the sake of their labor without accepting some commitment to their aged parents, say, or to their sickly brothers and sisters ( Walzer p. 41) Example: US immigration law gives a considerable percentage of visas the lion shares to family members of US citizens and legal permanent residence. So prioritising citizen relatives, family members of citizens and immigration policy. References: Walzer, Spheres of Justice, Ch2_WithEndnotes, and "Should states be able to control immigration," Lecture (10/27).
Alienage
Definition: A designation by law of individuals who lack citizenship status and are denied the full enjoyment of social, political and civil rights in the receiving society Importance: Alienage is a long term and permanent condition constructed by law excluding membership from a political community, which results in disadvantages for the non-citizen. This could contravene the egalitarian norms of liberal democratic societies. That said, in the United States, the status of alienage is a hybrid legal status. On one hand, immigration law regulates the entry and exit of non-citizens/ aliens into the territory, where alienage is a permissible basis for discrimination. On the other hand, alienage law requires the equal treatment of all persons in a territory, regardless of their legal status. As an example where alienage is not a legitimate basis for discrimination is in in Yick Wo (1886), the Supreme Court overturned ordinances by the city of San Francisco meant to shut down non-citizen Chinese-owned laundries, claiming that the status of alienage was not a legitimate basis to deny individuals the equal protection of the law. Contrastingly, immigration policy and alienage law converge in Mathews v. Diaz (1978). Here, the Supreme Court ruled that the 5 year residency requirement was a rational basis, making it harder for non-citizens to access social benefits. Thus, alienage represents an example of the gradient of rights that people within territorial boundaries can enjoy or be denied. Example: According to Linda Bosniak, American law is ambivalent about how significant the status of alienage should be for the allocation of rights and benefits. In Plyler v Doe (1982), the Supreme Court ruled that it was illegitimate to withold state funding for the education of undocumented immigrants, preventing discrimination on the basis of alienage. References: Linda Bosniak, Chapter 2: and Chapter 3: The Difference that Alienage Makes
mixed-status household
Definition: A mixed-status household is a household where some members are citizens and others are not. Importance: Living in a mixed-status household can help create pathways for non-citizens to become citizens through their family members, but it can also create potential division between family members with the differences in privileges and status. Example: In households where one child is a citizen and the other is not, the citizen may get more benefits from public services and be given more opportunities to exceed than their sibling. References: "How should we Acquire Citizenship?" Irene Bloemraad. September 24.
Postnational citizenship
Definition: A model of citizenship that moves beyond the nation-state and its territory. Individual rights are less tied to citizenship in a nation-state and more tied to personhood. Importance: This model is important because it takes into account the equal value of humans and human rights. Example: Some versions of cosmopolitanism and being a "world citizen" instead of a national citizen, the European Union also has citizens that belong to the entire union as opposed to just one nation in the union References: Soysal, Limits of Citizenship, Lecture 15 Postnational Citizenship
Denizen
Definition: A suggested classification for foreigners who are long term residents of European states and possess substantial rights and privileges. This classification is usually applied to guestworkers and acknowledges their long-term residence but separates them from the classification of citizens. Importance: One critique is that it makes denizens an irregular case within the nation-state and is based on territoriality. It is inclusive of guest workers but keeps them within the bounds of the nation-state even though the institution of citizenship has and continues to transform in its meaning. Example: Guest workers References: Soysal, Limits of Citizenship.
Ascriptive Americanism
Definition: Ascriptive Americanism refers to Smith's idea that while American society doesn't have the specific ascriptive hierarchy of Europe, ascription still exists based on factors such as race, religion, or gender. This ascriptional inequity is excused due to scientific racism and longstanding intolerances. Importance: This idea serves contrary to to Toqueville's thesis that "America has been most shaped by unusually free and egalitarian ideas." Ascriptive Americanism helps to identify the inherent inequalities in the history of American society. Example: Voting rights in the United States have been historically denied due to natural factors such as race or gender. This ascriptive Americansim stood opposed to supposed ideas of equality. References: Smith, Beyond Tocqueville, Myrdal, Hartz Pages 549-550
Associative obligations
Definition: Associative Obligation is the idea that people feel more obligated towards members of their group rather than outsiders. Associative obligations can exist between family members or members of the same political or religious group. Importance: Associative obligations can benefit society by creating tight knit communities with strong interpersonal connections. However, it can also lead to strong nationalist views because people care more about people similar to them. Example: Associative Obligations can lead to people feeling threatened by outsiders because of the worry that outsiders will cause harm to people like them. For instance many Americans fear that Immigrants will take American jobs. References: "The Power and Challenges of Normative Thinking" Sarah Song. September 3. Immigration and Democracy, Sarah Song. Pages 8-10.
Birthright Citizenship
Definition: Birthright citizenship can be defined as a means of citizenship acquisition through birth on territory. Also known as jus soli ("right of soil"), it is one form of obtaining membership within a state, citizenship here being understood as a legal status. This pathway to citizenship is ascriptive, meaning that it is attributed to a person without their active consent. Importance: Something significant to note about birthright citizenship is that not all nations exercise this form of citizenship, in fact, "only 18% of countries in the world give birthright citizenship." It is also important to think about the arbitrariness of where one is born in relation to birthright citizenship, the inclusion and exclusion this means of acquisition may create, or how much protections or choice it may extend to individuals. Example: The United States is a country that currently grants birthright citizenship to the people born within its territorial boundaries, however this legal status does not grant everyone the same rights/protections. For example, people born in Puerto Rico may hold US citizenship as a legal status but are not given the right to vote in general elections. References: Lecture Notes Week 4 & 5, How and Why do We Acquire Citizenship? Sep. 2020, Professors Song and Bloemraad https://www.usatoday.com/story/news/politics/elections/2019/05/07/why-puerto-rico-residents-cant-vote-even-though-they-are-us-citizens/1119543001/
brain drain/ gain
Definition: Brain drain is the theory that wealthy, developed nations which incentivize the migration of highly-skilled workers are depriving less developed countries of citizens with the most productive, innovative, and/or intellectual potential. However, some scholars suggest that the evidence shows the very opposite: that highly-skilled migrants actually contribute more to their home country by capitalizing upon opportunities abroad than they would have if they stayed at home. Brain gain takes place through the sending of remittances, "technological and knowledge transfers, cultural transmission, start-up investments, and so on" (Shachar 192). Importance: Brain drain/gain factors into both normative and empirical considerations surrounding migration policy. First, there is the empirical question of whether or not brain drain/gain exists, and to what extent. Secondly, if, say, the evidence concludes brain drain does exist, anybody interested in the normative implications of migration should consider how to balance the freedoms of individual migrants against the impact of their emigration on their home country and their immigration on the destination country (if, for instance, an influx of highly-skilled migrants leads to disinvestment in native citizens). Example: A doctor from India who received scholarship money from the government to attend medical school emigrates to work in the United States. The "brain drain" perspective would argue that in this case migration has deprived India and its population of a highly-skilled professional; from a "brain gain" or "circulation" perspective, the doctor's emigration would be, on balance, economically beneficial to India in the long-run because of the new potential for remittances and knowledge-sharing. References: Ayelet Shachar, "Selecting by Merit" in Migration in Political Theory, 192-195; Kimberly Clausing, Open: The Progressive Case for Free Trade, Immigration and Global Capital, 206-207; "Who should be let in and why? Economic and cultural concerns," lecture by Prof. Song (November 17, 2020)
Chain Migration
Definition: Chain migration is a process in which migrants with established social networks will encourage other people in those networks to also migrate. This can include friends, family, and other community members. When people from the sending country hear about the successes of a migrant, they are more likely to migrate. Importance: Chain migration creates patterns of migration. Social ties perpetuate migration and initiate later stages of migration. Information, resources, norms, and personal ties are shared between networks, characterizing migration patterns. Example: In Kenya, research shows that there is a strong relationship between human capital and migration, relating to pre-established social networks. People with little capital migrate when they hear other migrant success stories. References: Human Development Report 2009, Ch. 2 "Why Do People Migrate," Lecture by Prof. Bloemraad, October 22
Liberal conception of citizenship
Definition: Citizenship as entitlement to and enjoyment of rights, deriving from the Roman / Gaian ideal of citizenship that posits the citizen as a legal being (legalis homo) with entitlement to specific privileges and rights. Liberal conception of citizenship revolving around empowering diverse social beings to claim rights and use these rights to fulfill one's own potential. Importance: Liberal conception of citizenship framed by the Gaian ideal, which enables us to define an indefinite series of interactions between persons and things, which are restated as rights and used to define new persons as citizens. May be incompatible with republican tradition of citizenship as active political engagement. Facilitates the creation of a welfare state. Example: Right to public education → afforded to both citizens and non-citizens, empowers people to fulfill their own potential and pursue personal goals and interests. References: Liberal traditions from Locke, Hamilton, T.H. Marshall, Rawls, Smith. Derived from Roman / Gaian ideals.
civil rights
Definition: Civil rights can be defined as rights that provide legal protections to individuals against discrimination and are ideally supposed to ensure equal social opportunities in a democratic setting. Importance: Civil rights have been understood by scholars such as Marshall as an integral component of the concept of citizenship - claiming that "the civil element is composed of the rights necessary for individual freedom - liberty of the person, freedom of speech, thought and faith, and the right to own property and to conclude valid contracts, and the right to justice." Example: According to Marshall, the judicial courts are the institutions most directly associated with civil rights. References: Marshall, "Citizenship and social class" pgs. 9-11 https://www.law.cornell.edu/wex/civil_rights
Cosmopolitan Justice
Definition: Cosmopolitan Justice is the "normative conception of cosmopolitan citizenship." This idea examines the moral perspective of an ideal cosmopolitan citizen -- how citizens view and treat others from different parts of the world. Importance: An important aspect of Cosmopolitan Citizenship lies in how people treat and view other people. Cosmopolitan justice advocates for increased education and knowledge about the world as a whole (rather than just one's own country). Example: Martha Nussbaum explains that people have little sympathy for the plights of people from distant countries. This apathy prevents the world from taking on a more cosmopolitan nature. If more people can take on a perspective of cosmopolitan justice then people may move closer to being global citizens. References: "Patriotism and Cosmopolitanism," Martha Nussbaum. "Cosmopolitan Citizenship," Kok-Chor Tan page 705 "Erasing Citizenship? Cosmopolitanism and Post-Nationalism," Sarah Song. October 13
First-generation immigrant
Definition: First-generation immigrants are simply foreign-born immigrants. In other words, this principle applies to anybody who immigrates to a country in which neither the individual nor their parents were born in. Importance: First-generation immigrants oftentimes come to the host country with an abundance of experiences and cultural history from their native country which ultimately helps to diversify the host population. Example: if an individual who was born and raised in Turkey decided to immigrate to the United States, then that individual would be considered a first-generation immigrant. References: Vink, Prokic-Breur, and Dronkers. Immigrant Naturalization in the Context of Institutional Diversity.
social citizenship
Definition: Institutionalized acceptance into membership within the state's community (not political community) and its resources and its social acceptance (whether through assimilation or resources given to allow a sense of belonging) Importance: This idea/concept of citizenship allows us to think past the legal definitions of citizenship and to understand the different levels of participation in political and civic engagement. In these communities, social integration and fulfillment of social citizenship happens in spite of political or civic engagement + legal citizenship status. Example: Even immigrants, through their social citizenship, are not only entitled to public education for their children and themselves, but also resources from the state, such as welfare assistance. References: Stephanie J. Nawyn (2011) 'I have so many successful stories', 10/1 Lecture
Liberal Nationalism
Definition: Liberal nationalism "takes liberalism as the starting point, and limits nationalist pursuits against liberal democratic values and principles" (Tan 700). The goal of liberal nationalists is similar to cosmopolitans, in that they desire a solution to the global democratic deficit and embrace a diversity of lifestyles and cultures. But they believe that a national setting is a requirement for the exercise of liberal democracy due to the existence of a common language and identity, which provide a foundation of trust for democratic deliberation that is (theoretically) absent at a global level. Importance: Liberal nationalists pose a significant critique of the democratic conception of cosmopolitan citizenship, which envisions the sustained participation of "individuals dislocated from local and national communities" in world governance (Tan 704). They argue that shoring up traditional bedrocks of democracy at the local and national levels as well as existing international institutions is the most effective path towards a vigorous global democracy. Example: Liberal nationalists might advocate for strengthening and expanding national representation in the United Nations to achieve an "international democracy instead of a cosmopolitan" one—in other words, a democracy which invites the robust participation and cooperation of nation-states rather than a democracy which erases national boundaries altogether (Tan 704). References: Kok-Chor Tan, "Cosmopolitan Citizenship" in The Oxford Handbook of Citizenship, 699-704; "Erasing Citizenship? Cosmopolitanism and Post-Nationalism," lecture by Prof. Song (October 13, 2020).
Liberal constitutionalism
Definition: Liberal principles are embedded in the Constitution, principles such as personal freedom and equality. These values are intended to shape laws that ensure basic rights for all. Importance: Liberal constitutionalism, which in theory would motivate more open immigration, often conflicts with other impulses, such as nationalism and representative democracy, in the government and among the population. Opinions on immigration depend upon which principle is most prevalent. Example: Legal advocacy, appealing to human rights discourse, has tried to block the government from restraining immigration in ways deemed unjust according to constitutionally defined principles of equality. References: Lecture Slide 23 Enforcement and Hampshire, Politics of Immigration by James Hampshire
Market Citizenship
Definition: Market citizenship means that people are defined as either members or nonmembers based on whether they are productive workers and contribute to the market economy. Importance: When market citizenship is the paramount definition of membership, poor people, disabled people who cannot work, and those without material resources who utilize government welfare and assistance, are denied inclusion. Example: Refugee resettlement organizations emphasize the importance of market citizenship through job training programs and by valorizing the success stories of refugees who after immigrating become business owners and entrepreneurs. References: 'I have so many success stories', Nawyn pg 679-681
Mixed methods
Definition: Mixed Methods is a research approach meant to reach broader sets of data by collecting, both, quantitative and qualitative evidence. Quantitative data is made up of numerical data used to discover averages, patterns, and make predictions. Qualitative data is non-numerical and takes a more social approach to further understand the behavior of the actors and topics being explored. Importance: Using a mixed methods approach allows for a deeper exploration and understanding of the topic to be performed. Many topics of exploration are multifaceted and require for a complex method of research to truly understand the layers of information that it contains. Through the fusion of data we acquire a more accurate set of conclusions as it takes into account a broader range of data. Example: Professor Bloemraad discusses in her book that she used quantitative data to get a grasp on the number of immigrants eligible for citizenship. Similarly, she used qualitative data to understand the social barriers that immigrants had to overcome. Together, these different aspects of data came together to conclude an accurate story of how migrants live around the world. References: Baubock, Rainer. 2008. "Normative Political Theory and Empirical Research," in Approaches and Methodologies in the Social Sciences: A Pluralist Perspective, pp. 40-52, 58-59. Bloemraad, Irene. 2012. "What the Textbooks Don't Tell You: Moving from a Research Puzzle to Published Findings." Pp. 502-520 in Handbook of Research Methods in Migration, edited by Carlos Vargas-Silva. Cheltenham, UK: Edward Elgar Publishing.
nationalism
Definition: Nationalism refers to one's identity aligning with the unconditional support of one's own nation, even as it excludes or undermines the interest of other nations. This ideology is based on the shared identities of a nation's population and can include but is not limited to shared languages, cultures, religion, and ethnicity. Importance: As many concepts, nationalism can be seen through different perspectives. One would be a lens of support towards your own nation and one of an unhealthy connection to that identity. Though many scholars would agree that shared identities pose a positive sense of community, some might acknowledge it as dangerous. Nationalism poses a threat to the rest of humanity if we only focus on the connections we have to those within our nation. Shared identity can be explored on many levels and should not be limited to the borders of a nation. Example: Nussbaum explains extreme patriotic pride can be both morally dangerous and necessary to live in a civil society. For example, it is pointed out that the goal of national unity in the United States, is based upon values of justice and equality. References: Nussbaum, Martha. 1996. "Patriotism and Cosmopolitanism," in For Love of Country. Beacon Press. pp. 3-17.
Normative political theory
Definition: Normative political theory mainly concentrates on statements of value and morality. It deals with determining whether a course of action is the right and just thing to do under the circumstances. Importance: Normative political theory is extremely applicable to citizenship and immigration policies because it helps individuals address the fairness and justice of policies and essentially serves as a moral compass. In other words, it causes individuals to ask whether the policy is "just" and beneficial to all parties involved. Example: Rawl's Theory of Justice (1971) was an influential book on the topic in which he debated the morality of certain statements regarding both political views as well as basic human rights. Within this book, he used normative political theory to assess the morality and equality of certain policies and laws in an effort to come to the most effective and morally just solution.
Multi-culturalism
Definition: Objectively, multiculturalism is a term used to denote the presence of several ethnic or racial groups coexisting within a community. As an ideology, multiculturalism is the acceptance of cultural differences and belief that multiple groups can live cohesively and peacefully among one another. Multiculturalism as a policy initiative is governmental action taken to promote harmonious relations between groups and inclusion for all into the body politic. Multiculturalism is different from assimilation which attempts to absorb all groups into the dominant mainstream culture. Importance: If a government approaches policy with an ideology of multiculturalism, federal money will be directed towards programs that increase inclusion and that demonstrate acceptance and appreciation for multiple cultural practices. If a government doesn't recognize the objective presence of multiculturalism, then policies may be unreflective of the needs of the population and continue a system of exclusion. Example: In the 1970s, Canada sponsored heritage language schools for children to learn the language that their immigrant parents spoke. References: Becoming a Citizen, Bloemraad pg 72-74
Jus nexi principle
Definition: Political membership is conveyed by connection, rootedness, or linkage. In order to obtain membership, more than mere accident of birth, as embodied in jus sanguinis and jus soli principles, is required to determine who is eligible for membership and its resources. Frames citizenship as a legal bond with its basis as the social fact of attachment, genuine connection of existence, interests, sentiments, together with the existence of reciprocal rights and duties. "Connection" is determined by habitual residence, family ties, participation in public life, etc. Jus nexi principle proposes ascending membership entitlement: the longer one resides in a country, the deeper their connections, so the stronger their claim to membership. Importance: Offers a remedy for some of the most glaring inequalities in citizenship for those ineligible for nation's citizenship according to traditional jus sanguinis or jus soli principles, despite sharing in its society and economy. Jus nexi principle critiques automatic inheritance of property from one generation to another in perpetuity. Jus nexi principle would exclude nominal heirs from citizenship by declining membership entitlement and open access to citizenship for resident stakeholders who have settled in a new country, made connections, and participated in public life but who have not yet received membership. Offers an improvement in that it accounts for the significance of an immigrant's actual community membership and the social fact of their attachment to the nation, rather than simply relying on the initial moment of entry that fails to account for the subsequent immersion and changed expectations over time. Allows for highlighting of notions of interdependence, acquiescence and reliance, as well as the importance of state action or omission in giving right to a legal obligation. Example: Child born to citizen parents is not granted citizenship solely because they were born on state territory to parents who are citizens. An undocumented immigrant who has lived in the U.S. for several years, involved in their community, has been contributing to economic productivity, contributing to public / civic life should be granted citizenship because they exhibit a genuine connection to the political community that is not solely predicated on birthright. References: Ayelet Schahar, "Earned Citizenship"
political rights
Definition: Political rights are rights that allow people to participate in governmental institutions. According to Marshall, these rights grant the ability to exercise political power, in relationship to a political authority. Importance: Political rights, alongside social and civil rights, are the building blocks of membership in a society. Political rights allow members to dictate the direction in which leaders and bodies of governments operate within a society. Additionally, political rights conceptualize citizenship because citizenship is attached to having a certain access to rights; this belief comes from the Roman/Gaian ideal. Example: Citizens in a state having the political right and power to elect officials to represent them through a political institution. More specifically, American citizens exercising their political right to elect the president every 4 years. References: Marshall, T.H. 1950. Citizenship and Social Class pg.10-11 "The Substance of Citizenship," Lecture by Prof. Song, September 10
territorial rights
Definition: Territorial rights are the rights of a nation to create and enact policy for trade and immigration into the country. Importance: It is important that nations are allowed to create their own policy for immigration and trade because governments are allowed to make unique decisions that are best for their country. Example: Territorial rights allow for countries to prioritize different goals with immigration. For example, Canada can prioritize economic contribution while the United States prioritizes family. References: "Should states be able to control immigration," Prof. Song, October 27
Gaian conception of citizenship
Definition: The Gaian conception of citizenship envisions the citizen as a legal rather than a political being, enjoying a status that entitles one to a bundle of rights (Pocock 36). Whereas Aristotle's citizens interact with each other immediately, the Gaian citizen forms and defines their relationships with others through the medium of res, or things. A citizen, to a Roman jurist, was somebody with legal standing in the community, who possesses certain rights according to law, including the right to the law's protection. Importance: The Gaian conception of citizenship gave rise to the emphasis on possessive individualism in modern ideas about citizenship, and strongly influenced the liberal conception of citizenship as a status conferring a bundle of rights. This is a realistic conception of citizenship as opposed to the idealism of the Aristotlean concept, which dealt in a world of actions and words rather than things and conceived of the practice of citizenship as a noble or heroic endeavor. Example: A citizen can enforce their legitimate ownership of property by bringing the power of the state to bear on somebody who has stolen from them. References: J.G.A Pocock, "The Ideal of Citizenship Since Classical Times," p. 34-42; "What is Citizenship," lecture by Professor Song (September 8, 2020)
Social capital theory
Definition: The Social Capital theory recognizes the many social factors that drive migration. It refers to the use of personal relationships, identities, and shared values to make decisions. Through these resources, migrants are able to assess for themselves whether or not the costs and risks of immigration are beneficial to their situation. Importance: Social Capital theory plays an important role in understanding the social factors that play out in the topic of migration. Through this framework we are able to better understand how modes of social connection help migrants make the best decision possible for themselves. Without this perspective the focus and perspective might be shifted to only understanding empirical factors that drive migration and would not allow for a complete comprehensive understanding of what truly is involved in the decision making of migrants. Example: Professor Bloemraad discusses in her book, Becoming a Citizen, the experience of migrants in the U.S and Canada. Specifically she shares the story of Duc, a Vietnamese immigrant who relied on the help of friends and community members that had already been through the process of migration. They provided Duc with translations of important documents and assisted help with practice questions. Through Duc's story we are able to see the importance of social ties with his experience; one that might not have been possible without the help of his community. References: Bloemraad, Irene. 2006. Becoming a Citizen: Incorporating Immigrants and Refugees in the United States and Canada. UC Press. Introduction, 2 & 3.
Naturalization
Definition: The ability for a foreigner to acquire citizenship through several processes such as through descent, marriage, historic, or birthright on territory. This promotes an inclusive model of citizenship allowing those who are less fortunate to immediately obtain membership to apply for citizenship through naturalization processes. Importance: This is important because it promotes an inclusive model of citizenship and also the propagation of immigrant based culture and lifestyles to feel comfortable in leaving their own home while being able to receive the benefits of a different country Example: A form of naturalization that is very popular in the United States is through the process of marriage allowing an associative tie to those who are already domestic members or citizens providing an alternative to acquiring citizenship. References: "How and Why Do We Acquire Citizenship?" September 15, 2020
principle of consent
Definition: The ability to consent in membership should be based upon the ability for the citizen to make a voluntary choice in whether they would like to participate in the political community or choose whether to accept civic responsibility rather than being enforced to do so. Shuck and Smith juxtapose the role of consent during political obligations arguing that the social contract should be defined or available to all members but should not be placed upon those who would not participate, on the other hand those who uphold the social contract consent their allegiance to the sovereign state. Importance: Consent is important in developing the personal autonomy of those who regularly participate in the social order while giving the freedom to those would prefer to be outsiders. Example: When a child is born under American soil they are immediately granted the responsibility of being a member without their consent but able to participate or remove themselves from the social atmosphere. References: "How should we acquire citizenship?"Sept 22, 2020 Schuck and Smith, Citizenship Without Consent
Aristotelian conception of citizenship
Definition: The aristotelian model of citizenship asserts that in order for a member, who is usually considered to be a male that owned property in the city of Athens, to be able to vote in the polis they are required to be politically and socially active during the grand hearings. It is the members civic responsibility in order to participate in the collective political action allowing active citizenship to be enforced and required in Athens promoted greater dialogue. Importance: This is important because the Aristotelian model of Democracy separates the public and private spheres; it shows the weaknesses of how women were excluded from political action and certain men who did not hold power. Example: The Athenian polis held men of power responsible for upholding their citizenship as a civic duty as Aristotle sought it to be the most important to give back to the community that protects and ensures your liberties. References: Week 3: What is citizenship? September 8, 2020 Prof Sarah Song
Structured Mobilization
Definition: The formation of government policy provides material and symbolic resources that are generated in hopes of integrating a non active member into a committed voluntary actor in society. This is proliferated through the development of ethnic organizations and community leaders who assist in the infrastructure through the government resources to provide beneficial aid towards ordinary immigrants. This is done in order to mobilize immigrants into mainstream actors who would then reciprocate the methods towards their community in hopes of creating a system of local support justified by government resources. Importance: This is important because it provides a feedback loop towards immigrants who usually would not feel comfortable in seeking aid or being unable to locate it. Example: Ethnic organizations provide comfort for incoming immigrants as they are provided considerate care and structure in order for them to be able to provide similar benefits back towards their local community. References: Why Do Immigrants Acquire Citizenship?Professor Irene BloemraadWeek 4| Thursday September 17, 2020
Cosmopolitanism
Definition: The idea that all people across the planet can be members of one singular global community. According to Kok-Chor Tan, cosmopolitan citizenship can be understood as a legal-political ideal in which membership is derived from a world government and people can participate in global, democratic governance. Importance: Cosmopolitanism offers a different perspective that heavily contrasts to state derived membership and citizenship. Cosmopolitanism poses new questions about the global citizen, questions regarding people's relationships to each other outside of state boundaries and the validity of the factors that construct contemporary membership. Example: States have historically critiqued the concept of cosmopolitanism because it threatens nation sovereignty and national culture, speaking against a global hegemony. References: Tan, K. (2017). Cosmopolitan Citizenship. The Oxford Handbook of Citizenship
differentiated conception of citizenship
Definition: The means in which nations states grant privileges to certain people (nationals or internationals) considered valuable in a market-driven world, while excluding others (considered less valuable) from rights by law. Importance: certain individuals may view citizenship as an important status to protect themselves from oppression and survive. Differentiated conceptions of citizenship may encourage and discourage people from applying for or obtaining citizenship. It may also promote immigration between countries that have different conceptions of citizenship. Example: "An undocumented citizen who migrated illegally three years ago may have a differentiated conception of citizenship compared to a citizen who was born in the United States and both of their parents were citizens at the time of their birth." References:
neoclassical model
Definition: The neoclassical model, in relationship to migration, is centered around wage differences, labor markets, distance to destination, and unemployment rates. Migrants use cost/benefit analysis and economic knowledge to decide if it will be beneficial to migrate. Importance: The neoclassical model characterizes the reasoning behind migration, it offers an economic perspective behind movement. The economic dynamics of sending and receiving nations are crucial to examine to understand immigration. Example: The wages in the U.S. are much higher than many countries in Latin America. When examining low-wages and high costs of living, people in countries like Mexico and Honduras are prompted to reach the U.S. to get higher wages and possibly send capital back to their home countries. References: "Why do people migrate," Lecture by Prof. Song, October 20
New Economics of Labor Migration
Definition: The new economics of labor migration is a migration theory based on the collective household decision to send someone elsewhere to work in a different area/sector in order to diversify sources of income and minimize risk. This theory of migration can be based on internal or external migration. Importance: This theory stems from the neoclassical theory of migration, which is based on migrating for the purpose of increasing wages and/or job opportunities in a different country. However, this model does not focus on one's individual decision to migrate, instead it takes into account the entire household, and focuses on stabilizing income as opposed to maximizing it. Example: One example could be of a small family farm in a rural area of Mexico that relies on rainfall to water its crops. However, if they are expecting a drought or just want to minimize the risks of losing income, they would send one family member to work in a different sector (industrial) elsewhere (United States). References: On The Move (Appendix), Garip Filiz
racial selection
Definition: The practice of legalising or barring immigrants on the basis of their race and national origins Importance: In spite of the apparent contradiction of ethnic discrimination with liberalism and democratic institutions, racial selection served as the basis of naturalization and immigration in the Americas, notably exclusion. After a slew of exclusionary immigration policies and World War 2, racial selection had progressively been rendered an illegitimate basis of exclusion, culminating in the 1965 Hart-Celler Act) that prohibited preferences or discrimination in the issuance of immigrant visas based on "race, sex, nationality, place of birth, or place of residence". That said, while national-origins quota systems were replaced, there remained efforts that favoured certain groups, such as Europeans, and continued to differentially impact ethnic groups. The concept of racial selection elucidates how in spite of being a democracy, elites sought to restrict admissions on grounds of their fit to be self-governed. Example: The 1882 Chinese Exclusion Act represented the first limitation on immigration on the basis of racial selection, where Chinese labourers were denied entry into the United States in fear of the danger posed on local order. References: Culling the Masses, David Fitzgerald, Chapter 2 and 3
expatriation/denationalization
Definition: The right to expatriation means the right to renounce one's membership of a political community (nation-state). It means to terminate allegiance between a natural born subject/ citizen and their sovereign. Importance: This is important when discussing the principles of ascription and consent because under ascriptive principles, expatriation is considered contrary to natural law. However, under the consent principle, it is respected as a person's right to consent (or not) to membership in a political community. Example: A person voluntarily gives up their American citizenship when acquiring Canadian citizenship. References: Schuck and Smith, Citizenship Without Consent
the rights "master" frame
Definition: The rights master frame is based upon the discussion of equal rights regardless of personal characteristics such as race, ethnicity, and gender. Using this type of framework increases participation in social movements. Importance: As mentioned, using a framework like this increased participation in movements because of the ability to target a specific group of people through the language and concepts used. However, this framework has limitations to the extent that it can work. Example: During the civil rights movement, this framework was at the center of the movement as its focus was on equal rights and opportunities despite race. Using this framework with modern issues, like immigration, has been contemplated as it will resonate as familiar with the American public. References: Bloemraad, I., Silva, F., Voss, K. 2016. Rights, Economics or Family? Frame Resonance, Political Ideology and the Immigrant Rights Movement. Social Forces 94(4): 1647-1674.
social rights
Definition: The social aspect of citizenship that entails the right to social goods such as economic welfare and security, sharing social heritage, and living according to the civilized standards of the society. Today, this is closely linked to the education system and social services. Importance: Social rights is just one aspect of citizenship, which also includes civil and political rights. Each of these are tied to different time periods in which they were formed : civil rights (18th cent) political rights (19th cent) and social rights (20th cent). Examples: Public school education for all, social services : EBT, WIC, housing assistance, public housing, etc References: T.H. Marshall, Citizenship and Social Class
Utilitarianism
Definition: Utilitarianism is the approach to immigration that focuses on maximizing utility or in other words maximizing the benefits for the largest number of people whether it be in regards to restrictions on immigration, relaxation of these restrictions or open borders. Importance: Utilitarianism attempts to be based on moral equality, which would bring about changes in immigration in hopes of benefiting all people. Moreover, this theory applies not only to citizens but to all people as equals. Example: Open borders would bring about the opportunity for anyone to be able to take on employment anywhere in the world, which would then bring about gains estimating from 50 to 150% of gross world product. References: Aliens and Citizens: The Case for Open Borders, Joseph H Carens Page 14 (263), Lecture 19: Should states be able to control immigration?, Professor Sarah Song 10/29/20, Slide 9
Cosmopolitan Democracy
Definition: a conceptualization where citizenship is defined by the act of democratic participation in an international community. Importance: Cosmopolitan democracy is important for it introduces a much more global interpretation of citizenship, allowing all those who are affected by policy to have a voice in the decision making, regardless of whether you are inside or outside the nation's borders. Direct implementation of this form of government is very difficult, however, due to foreign relations and nation histories already in place. Example: The closest thing we have to this today is the United Nations, which is a body that comprises representatives from 51 nations that work to maintain international security and peace. A World Parliament would mimic this idea, constituting elected officials that represent nations. References: Song, Sarah. Erasing Citizenship? Cosmopolitanism and Post-Nationalism. Oct. 13 2020. Legal Studies C134 Lecture.
Scientific racism
Definition: a form of racial discrimination based on the physical, apparent biology of an individual, often used to rationalize social and economic superiororities Importance: Scientific racism is important for it has been highly influential and permitted many racist policies to be enacted based on the grounds that a certain racial group is inadequate for meeting a standard due to unchangeable biology. In fact, these intrinsic biases against certain racial groups are often considered by politicians during elections, and are used to sway votes for a certain candidate, for "they have that special reason for exclusion". Example: Latin American eugenicists believe incentivising European migration in order to create a mixed "master race". References: Culling the Masses, Fitzgerald
Majoritarian politics
Definition: a politics of the masses in a representative democracy through and affected by outlets such as the political party system, political/interest groups, mass media, and etc. Importance: Majoritarian politics in the US serves as a restrictive feature of a liberal democratic state, especially because of the collaborative nature of the narrative around immigration between mass media and the state. Example: The creation of "illegal" as a term for immigrants as a result of an irresponsibly sharp change in legislation (end of the Bracero program which sponsored 450,000 visas) and the discourse in creating the threat narrative by mass media and politicians are both symptoms of majoritarian politics that goes unchecked. References: 11/12 Lecture and 11/14 Lecture
cumulative causation of migration
Definition: a theory of migration that not only recognizes the growing labor demands or more economically favorable opportunities in the receiving country, but also the continuation and triggering of migration through culture and social networks Importance: While not diametrically opposed to the economic theories of migration (such as Neoclassical Theory of Migration or "new economics" of migration), this idea of cumulative causation of migration underscores the inability of an economic lens to fully depict the phenomenon of migration. These social networks and their different cultures of migration allow migrants access to information about the receiving country, resources to reduce the transactional cost of migration (in an economic theory), norms of who is to go and what is possible for these migrants, and personal ties to people already in the receiving country. Example: For the Philippines, their women are the ones most likely to migrate for both social and economic reasons: because of the societal pressure for women to serve and provide for their children and family, Phillipina women are usually the ones to migrate to a country like the US for the labor need for reproductive labor in the home as well as their moral and societal culture of migration. References: 10/22 Lecture
performative citizenship
Definition: citizenship is not about patriotism or ancestry, but what one does. Respondents' emphasis on performative citizenship stands in contrast to many measures used in opinion surveys, which ask about ascriptive characteristics for national belonging (e.g., ancestry) or values (e.g., attachment to the Constitution). Their views suggest that US citizenship offers a pathway to membership, even if inclusion may be conditional on being law-abiding, hard-working, a good person, and involved in the community. Furthermore, while legal citizenship is a categorical, dichotomous distinction between those who hold the status and those who do not, inclusion through actions provides pathways for noncitizens, including undocumented residents, to claim membership. (21) Importance: Performative citizenship directs attention to different claims of inclusion: based on what members do(Abrams 2017; Coll 2010; Isin 2009). Markers of economic contribution or "good moral" behaviour are harder to convert into dichotomies. (6) Example: Market citizenship: defines state membership based on a person's economic productivity (Nawyn 2011 p. 679) Social citizenship: a sense of belonging to the state, and having the right to access institutional resources from the state such as education and welfare assistance (Nawyn 2011 p.679) References: Bloemraad, Membership in the US-spring 2020 ; Nawyn, I have so many successful stories sep 2008
Principle of Ascription
Definition: the idea that membership is assigned to an individual based off their birth-assigned sovereign (not necessarily a geographic location) to which they owe unconditional allegiance. We discussed this idea in the context of membership, but it could also be applied to other principles, like social class, race, and gender. Importance: When asking how citizenship should be acquired, we can examine the principle of ascription to understand how nations can allocate rights and assign membership. Under this principle of ascribed status, membership allegiance is perpetual, regardless of the state's ability to provide protections, and the sovereign has absolute authority. Example: The United States government imposes its birthright citizenship policy following the principle of ascription. References: Song, Sarah. How Should we Acquire Citizenship. Sept. 8 2020. Legal Studies C134 Lecture.
Libertarianism
Definition: the philosophy that prioritizes individual freedoms over all other values. Importance: Libertarianism is important for it is a common philosophy used by many members of the Republican party in the United States. It mirrors their belief that an individual's rights to property, finances and resources should be protected and prioritized. This concept is used to defend individual rights over the state, and creates a form of checks and balances negotiation when discussing personal rights when laws are enforced by government institutions. Example: Members of the Republican Party often stand against the Affordable Care Act for they don't believe the government should play any role in providing assets to underprivileged communities. These individuals are typically pro-choice, pro open borders, and pro recreational drug use. This worsens income inequality and denies the systematically disadvantaged the government assistance they need to access healthcare. References: Song, Sarah. Should States be able to Control Immigration. Oct. 29 2020. Legal Studies C134 Lecture.
Point system for immigration
The point system of immigration is used to determine a migrants eligibility for immigration using a point based system. It scores individuals in different categories and welcomes the individuals that meet or exceed the threshold limit. The score system is made up of categories such as wealth, education level, and ability to speak the language of the host country. Importance: The point system for immigration has proven to be a more inclusive system as it takes a holistic approach to understand the circumstances that each individual might find themselves in. However, this method also allows for a bias to exist which can be very classist and elitist, which would consequently negatively impact those who might need to migrate the most. As we continue to learn about immigration methods, taking the best ideas from each policy is essential in creating a more inclusive system for all. Example: Australia, Canada, Japan, and South Korea are among the countries that use this method as their preferred immigration system. Specifically, Canada uses a point based system based on the following categories: skills, education, language ability, and work experience. References: 10_Sept 29-Exclusions & inclusions
