1648
Jo Shaw
by investment.75 The rise in costs has substantially burdened migrant workers and those with
transnational families, for whom travel is part of family life, not a luxury, a recreation, or a lucrative
business.76 This could be described as the decline of the everyday global citizen.77
New norms are emerging in relation to immigration, blurring the distinction between voluntary and involuntary mobility.78 There are still many migrant workers crossing borders in many
parts of the world,79 either returning home because the jobs they performed no longer exist, or
traveling to work because various countries require temporary migrants to do certain types of jobs,
for example, in the agricultural, agri-industrial, and food processing domain. Countries can justify
ostensibly risky mobility on grounds of food security80 or even consumer preference.81 The churn
of migration may have reduced, but it has not ended,82 and this has consequences for public
policy.83 For these purposes, new concepts of essential and inessential travel have been developed,
and the interface between these concepts and economic power and affluence—both at the societal
and individual levels—has given rise to new sites of inequality and sources of vulnerability, for
example, in relation to access to healthcare and vaccines. The application of these concepts needs
to be understood in context: As Audrey Macklin shows, in the context of Canada it is the context
of being a settler colonial “country of immigration” that matters as regards whether travel by noncitizen family members of residents or seasonal workers is deemed essential or inessential.84
A connection is often drawn between borders and citizenship or nationality, as the border is commonly the place where we must prove our identity or our belongingness to a given community.
However, borders are now complex and multi-facetted structures, and understanding them must
go beyond the conventional binary of “open” or “closed”. As Ayelet Shachar argues,85 we need
to take a nuanced perspective on the nature and effects of borders, not all of which are located
at the edges of countries, but may also be found internally. Actions taken by states to restrict
non-citizen entry and to encourage non-resident citizen return along with—at the micro level—
the changes in personal lifestyle and migration calculations made by many migrants all seem to point
to a degree of de-globalization occurring, as well as a reversal of trends in immigration and emigration that may not be reversed for some years or even decades. The picture, however, is complex, and
other factors such as the direction of travel, in or out, the origin and destination of the traveler, and
whether the restriction is on internal movement or movement across state borders will also matter.86
Furthermore, the evolution of green, amber, and red lists of countries, as in the UK, has often been
75
See Džankić, supra note 63.
Andrea Preziosi, When States Steal Christmas: The Citizens’ Right to Return to the Country of Citizenship in
Time of Pandemic, STRASBOURG OBSERVERS (Jan. 7, 2021), https://strasbourgobservers.com/2021/01/07/when-states-stealchristmas-the-citizens-right-to-return-to-the-country-of-citizenship-in-time-of-pandemic/.
77
Atefeh Ramsari, The Rise of the COVID-19 Pandemic and the Decline of Global Citizenship, in COVID-19 VOLUME I:
GLOBAL PANDEMIC, SOCIETAL RESPONSES, IDEOLOGICAL SOLUTIONS 94 (J. Michael Ryan ed., 2021).
78
Mariña Fernández-Reino, Madeleine Sumption & Carlos Vargas-Silva, From Low-skilled to Key Workers: The
Implications of Emergencies for Immigration Policy, 36 OXFORD REV. ECON. POL’Y SUPP. S382–S396 (2020).
79
Diego Acosta & Leiza Brumat, Political and Legal Responses to Human Mobility in South America in the Context of the
Covid-19 Crisis. More Fuel for the Fire?, 2 FRONTIERS HUM. DYNAMICS 592196 (2020).
80
Michael D. Smith & Dennis Wesselbaum, COVID-19, Food Insecurity, and Migration, 150 J. NUTRITION 2855 (2020).
81
Rob Schmitz, Germany Struggles to Fill Its Farm Labor Shortage After Closing Its Borders, NAT’L PUB. RADIO (May 20,
2020), https://www.npr.org/2020/05/20/858564234/germany-is-struggling-to-fill-its-farm-labor-shortage-after-closing-itsborders?t=1610983125442.
82
MIGRATION IN THE TIME OF COVID-19: COMPARATIVE LAW AND POLICY RESPONSES (Jaya Ramji-Nogales & Iris Goldner
Lang, eds. 2021).
83
REFUGEES AND MIGRANTS IN TIMES OF COVID-19: MAPPING TRENDS OF PUBLIC HEALTH AND MIGRATION POLICIES AND
PRACTICES, WHO (Jun. 17, 2021), https://www.who.int/publications/i/item/9789240028906.
84
Audrey Macklin, (In)Essential Bordering: Canada, COVID, and Mobility, 2 FRONTIERS HUM. DYNAMICS 609694 (2020).
85
Ayelet Shachar, Beyond Open and Closed Borders: The Grand Transformation of Citizenship, 11 JURISPRUDENCE 1 (2020).
86
Jouni Häkli, COVID-19 Certificates as a New Form of Mobility Control, 12(2) EUR. J. RISK REGUL. 362 (2021); Jaclyn L.
Neo & Darius Lee, Borders and Entry Controls in Asia, in COVID-19 IN ASIA: LAW AND POLICY CONTEXTS (Victor V. Ramraj
ed., Oxford Univ. Press 2021).
76
https://doi.org/10.1017/glj.2021.77 Published online by Cambridge University Press