In a time of crisis, social distinctions arise not only on the basis of where we live, but how we move. The ongoing COVID-19 crisis — where one must remain at home and limit one’s movements in... Show moreIn a time of crisis, social distinctions arise not only on the basis of where we live, but how we move. The ongoing COVID-19 crisis — where one must remain at home and limit one’s movements in order to protect communities from the virus — demonstrates this fact. Mobility has become a resource that is disproportionately distributed: some people have access to it and some people don’t. Tim Cresswell, writing on this theme, argues that the way we experience mobility is informed by the narratives and meanings that surround it. Immigration, for instance, has become a polarized issue in contemporary political discourse, as those in power advance negative stereotypes about migrants in order to uphold specific political agendas. Maria C. Ledesma, likewise, posits the “[E]bolification of immigration reform,” a development which serves to perpetuate anti-immigrant sentiments and stereotypes. These political narratives come with specific uses of language, freighted with assumptions about the effects of migrant arrival in the receiving state. One such use of language is the term “illegal,” which in conservative political discourse is a noun rather than an adjective, as in the usual sense — naming the immigrant as a criminal, as if an inherently morally delinquent person. Commenting on such words as “illegal,” philosophers like Jacques Derrida and Judith Butler have argued that violence is embedded in language. This violence has the power to determine the public perception and fate of immigrants to the West from former colonies, and other diasporic subjects. Show less
Out of the remnants of colonial empire and following generations of intra-European conflict, the post-World War II era has seen the emergence of new technologies and laws facilitating the... Show moreOut of the remnants of colonial empire and following generations of intra-European conflict, the post-World War II era has seen the emergence of new technologies and laws facilitating the transnational movement of people to Europe and amongst European countries. Among these countries, the United Kingdom has been no exception, having over the past seventy years made various legal provisions facilitating transnationalism. That said, the UK has also repeatedly revoked these provisions and replaced them with policies that frustrate transnationalism and foster racial and ethnic discrimination. In this article, I will discuss British immigration and nationality policy in the mid-twentieth century in relation to legislative changes that took place at the time of the UK’s entry in the European Union. I will also discuss the UK’s midcentury immigration and nationality policy in relation to the legislative changes which took place upon the UK’s exit from the EU. To do this, I will examine two categories of primary source material. The first will be a selection of nationality and immigration acts from the mid-twentieth century: the British Nationality Act 1948, the Commonwealth Immigrants Act 1962 and the Immigration Act 1971. The second category will be primary source material relating to the UK’s entry into the EU and subsequent exit: the 1992 Treaty of Maastricht, the 2020 Withdrawal Agreement, and the 2019 EU Settlement Scheme. In the texts of these acts and agreements, key legal terms such as “leave to remain” and “settled status” give form to categories of legal subject. “Leave to remain” is a term that defines rights of the Windrush generation after the Immigration Act 1971, who were free from immigration controls and had no limit on the duration of their permitted residency in the UK. The existence of this unique legal status distinguishing them from UK citizens led them to face unjust scrutiny from immigration authorities. Reminiscent of “leave to remain,” “settled status” describes the legal status of EU citizens living in the UK who, following Brexit, register with the EU Settlement Scheme. These EU citizens are given unique proof of their status to show employers, landlords and government officials, allowing them to access critical services when required. Show less
