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The Human Rights of Migrants and Refugees in European Law$
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Cathryn Costello

Print publication date: 2015

Print ISBN-13: 9780199644742

Published to Oxford Scholarship Online: March 2016

DOI: 10.1093/acprof:oso/9780199644742.001.0001

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Constructing Migration Status

Constructing Migration Status

(p.63) 3 Constructing Migration Status
The Human Rights of Migrants and Refugees in European Law

Cathryn Costello

Oxford University Press

This chapter explores the notion of legal and illegal immigration from a dynamic and multilevel perspective. With this perspective, the binary structure of legal/illegal becomes blurred, presenting sites of contestation and opportunities both for inclusion and exclusion. The chapter’s central normative premise is that migrants, even those with irregular status, should have long residence recognized with a right to stable residence, as they have become members of their societies of residence. It explores the highly tentative recognition of that claim in the case law of the European Court of Human Rights, and the EU role in this respect. The EU both creates and cures illegality in various ways.

Keywords:   legal and illegal migration, migration status, social membership thesis, security of residence, EU Employer Sanctions Directive, EU Returns Directive

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