Verfassungsblog (Feb 2024)

Rethinking the Law and Politics of Migration

  • Anja Bossow

DOI
https://doi.org/10.59704/7f4717912cbed96d
Journal volume & issue
no. 2366-7044

Abstract

Read online

2023 was, to put it mildly, a terrible year for (im)migrants and their human rights. With the declared end of the Covid pandemic came an end to the exceptional border policies it had led to which had further restricted already weakened migrants’ rights. Yet governments have largely chosen to replace them with legal frameworks that incorporated many of the same rights negating policies and ideas- except for this time they put them on a permanent legal basis. Liberated from their initial emergency rationales, asylum bans have now joined outsourcing and overpopulated mass detention camps as standard methods of migration governance. What is the role of legal scholarship and discourse at a time where governments seem increasingly comfortable to eschew many long-standing legal rules and norms, often with majority support?

Keywords