Foreigners´ law and its influence on migrant transnationalism

Abstract

Transnationalism as perspective study of new forms of migration has gained importance in recent decades, showing that many migrants have closed and sustained links with their home communities. Many transnational studies focus on the identification and enumeration of transnational activities of migrants to differentiate what is a transnational migration than it is not. We proceed from the assumption that transnational activity manifested does not necessarily match with the potential insofar as factors that influence it change. Among these factors is the Law and the rules on foreigners´ residence and stay permits. The article aims to substantiate the need to open a space for reflection and a solid line of research that focuses on the impact of the law on the creation or impeding the migrant transnationalism. To do this we rely on the information provided by a comprehensive study on the Andean population in the Basque Country (604 respondant survey and 35 interviews-in-depth) which give us solid evidence to support further research. These findings show how there are migration decisions and activities transnational that migrants undertake forced by specific norms (induced trasnationalism); while in other cases, migrants would like to engage in transnational relations with origin (or third countries) but the legal conditions surrounding them which prevent them from them (latent transnationalism).

Keywords

• Migraciones internacionales
• transnacionalismo
• Derecho de extranjería.