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    Illegalised and undeportable migrants as translocal legal subjectivities

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    The mechanisms of border control display a transnational dimension, in which a variety of legal and normative orders affect the norm-making processes. The presence of unauthorised migrants in receiving societies reveals the emergence of new forms of normativity, produced by the interactions of local, national, supra-national, regional legal and normative processes. Mechanisms of border control can be better understood if we look at illegalised and undeportable migrants as translocal legal subjectivities, who are able to change the functioning of normative systems through their very existence as mobile subjects. Drawing from a case study of the interaction between the police and illegalised and undeportable migrants in Bologna (Italy), this article empirically assesses translocal legalities in the field of border control, and demonstrates how these encounters challenge an idea of law as based in the logic of sovereign authority, while opening new spaces of possible governanc

    «These are crimes for poor people and sex workers!»: Reading Europe through immigration crimes and local «frames of dangerousness»

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    In this article, I use the ethnographic study of immigration courts to show how internal borders operate, making a distinction not between legal/illegal migrants, but between undocumented migrants who must be deported and those who can stay. In the case study, the justices of the peace share the idea that police only select «dangerous» migrants, and that only these should be convicted of immigration crimes. The supposition of who is/is not a criminal is based on three assumptions and on what the migrant was charged for. The distinction is then mapped on six different «frames of dangerousness» («drug dealer» vs «perfect labourer», «sex worker» vs. «care worker», «asylum seeker», «family member»), positions that are attributed along lines of gender, racialized nationality, and class. I make the point that Europe is shaping itself vis-à-vis both those undocumented migrants who are eventually deported, and those who keep on living in the country of arrival as «differentially incorporated» subjects

    La prospettiva translocale nell’analisi socio-giuridica dei confini

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    In this paper, I will first explain the theoretical concept of “trans-local legalities”, departing from the debate around transnational law, then I will apply it to the socio-legal study of border control. Such concept provides us with a theoretical lens to observe the transformations of law that: a) occur in other sites than the traditional ones of law-making processes, and b) develop from below, namely, from the encounter between local struggles and transnational law. This concept provides thus some tools to rethink the relationship between law and borders. Although illegalised and un-deportable migrants are invisible to law, their very presence in host societies reveals the emer-gence of new forms of normativity, through which these subjectivities are produced, acknowl-edged and regulated, resulting from the intersection between legal and normative processes at the transnational level. This situation raises some crucial questions: what is law when it comes to borders? On what scale does law operate in this field? On what level can law be trans-formed? Is it possible to use law to enhance inclusion

    Managing illegality at the internal border. Governing through “differential inclusion” in Italy

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    This article interrogates whether a crimmigration frame could be used to assess immigration control in Italy. It argues that even if crimmigration laws are similar across European countries, the outcomes of European border control depend on the local context. It looks at the interaction between police, judges, and migrants at the internal borders in Bologna, Italy. The article is based on quantitative data (analysis of case files on pre-removal detention in Bologna’s detention centre) and qualitative data (one-to-one in-depth interviews with migrants and justices of the peace, and participant observation). The case study focuses on ‘differential inclusion’ of undocumented migrants informally allowed to remain in the Italian territory. Police manage illegality rather than enforcing removals, using selective non-enforcement of immigration laws as effectively as enforcement itself. The article’s main hypothesis is that, at the local level, the production of borders works as a provisional admission policy to include undocumented migrants, though in a subordinated position
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