This book unmasks the cultural and gender stereotypes that inform the legal regulation of the migrant. It critiques the postcolonial perspective on how belonging and non-belonging are determined by the sexual, cultural, and familial norms on which law is based as well as the historical backdrop of the colonial encounter, which differentiated overtly between the legitimate and illegitimate subject. The complexities and layering of the migrant’s existence are seen, in the book, to be obscured by the apparatus of the law. The author elaborates on how law can both advance and impede the rights of the migrant subject and how legal interventions are constructed around frameworks rooted in the boundaries of difference, protection of the sovereignty of the nation-state, and the myth of the all-embracing liberal subject. This produces the ‘Other’ and reinforces essentialised assumptions about gender and cultural difference. The author foregrounds the perspective of the subaltern migrant subject, exposing the deeper issues implicated in the debates over migration and the rights claims of migrants, primarily in the context of women and religious minorities in India.

With reference to South Asia.

Derived from the renowned multi-volume International Encyclopaedia of Laws, this monograph on the rules on immigration and right of residence of non-nationals in United States examines the legal and administrative conditions for persons not having the citizenship of a State to enter the country and to stay and reside there. It provides a survey of the subject that is both usefully brief and sufficiently detailed to answer most questions likely to arise in any pertinent legal setting. It follows the common structure of all monographs appearing in the International Encyclopaedia for Migration Law, thus allowing easy comparison between the country studies. As migration and economic activities are often interlinked, the analysis pays particular attention to labour market access and regulation of self-employed activities for non-nationals. The book describes the status of such specific categories of persons as students, researchers, temporary workers, and asylum seekers, as well as the position of family members, detailing applicable legislation and providing practical information on administrative procedures, sanctions, and legal remedies and guarantees. The impact of international human rights law and various bilateral and multilateral agreements is considered, along with the broader application of national and local law to non-citizens in such areas as family relations, labour, social security, and education. Lawyers, scholars, practitioners, policymakers, government administrations, and non governmental organizations involved in the development, practice and study of migration law will find this book indispensable. It will be welcomed by lawyers representing parties with interests in United States and immigration specialists in both public and private organizations. Academics and researchers also will appreciate its value in the study of comparative trends and harmonization initiatives affecting migrants.

Offers a novel contribution to immigration legal scholarship by rewriting Supreme Court immigration law opinions from a critical immigration legal theory lens. Contests fundamental presumptions in doctrinal immigration law and shows how entrenched system of power, alongside racism, sexism, and stereotypes, have marred the immigration law landscape.

Routledge Readings on Law and Social Justice: Dispossessions, Marginalities, Rights presents some of the finest essays on social justice, rights and public policy. With a lucid new Introduction, it covers a vast range of issues and offers a compelling guide to understanding law and socio- legal studies in South Asia. The book covers critical themes such as the jurisprudence of rights, justice, dignity, with a focus on the regimes of patriarchy, labour and dispossession. The fourteen chapters in the volume, divided into three sections, examine contested sites of the constitution, courts, prisons, land and complex processes of migration, trafficking, digital technology regimes, geographical indications and their entanglements. This multidisciplinary volume foregrounds the politics and plural lives of/ in law by including perspectives from major authors who have contributed to the academic and/ or policy discourse of the subject. This book will be useful to students, scholars, policymakers and practitioners interested in a nuanced understanding of law, especially those studying law, marginality and violence. It will serve as essential reading for those in law, socio- legal studies, legal history, South Asian studies, human rights, jurisprudence and constitutional studies, gender studies, history, politics, conflict and peace studies, sociology and social anthropology. It will also appeal to legal historians and practitioners of law, and those in public administration, development studies, environmental studies, migration studies, cultural studies, labour studies and economics.

Are Human Rights for Migrants? Critical Reflections on the Status of Irregular Migrants in Europe and the United States examines upon the possibilities and limitations which arise from approaching the situation of migrants in human rights terms.