Book Review: Citizenship in Times of Turmoil?
without other EU citizenships. 13 She underlines how the procedure breaks
previous EU commitment to EU citizenship as a fundamental status. 14 She further
points out the paradox that a transition period in which the UK has formally left
the EU, but EU law continues to apply in the UK while new arrangements are
negotiated, implies that UK citizens will lose their EU citizenship rights while
remaining bound by EU legal decisions. 15
The remaining three chapters focus on different implications of the Hostile
Environment policy, through which the Home Office has imposed on landlords,
employers and other private figures duties to verify the immigration status of their
tenants, employees etc. 16 David Smith analyses the implications of the policy for
the right to rent, underlining both how the Home Office has promoted unrealistic
expectations about the capacity of landlords to verify the immigration status of
their tenants, and how the policy instigates discrimination on the basis of ethnicity
and race, as tenants for whom the verification of immigration status is
straightforward (eg the ‘white British’) can be preferred to those who have the
right to rent but that need more proof of their status. 17 Bertram’s chapter is a
philosophical analysis of this Hostile Environment. 18 Bertram advances the
position that the Hostile Environment does not only harm undocumented migrants
who are the explicit target of the policy, but can be likened to hate speech. 19 He
shows that the actions included in the Hostile Environment policy (which at a
certain point included a large diffusion of public hostile messages telling
undocumented migrants to ‘go home’) and the political discourse linked to it, also
depict the larger population of those with migrant backgrounds as outside the
symbolic membership of British community. Fiona Bawdon analyses the
‘Windrush scandal’ — the situation in which people with the right to stay in the
UK, and in some cases with UK citizenship, were denied the right to work and
rent and were, in some cases, deported. 20 Such a situation was caused by the
introduction of the Hostile Environment checks and the fact that, when the victims
of the Windrush scandal arrived in the UK, they did not need or receive the
documentation required by the Hostile Environment policy. 21 The victims of the
Windrush scandal indeed arrived from former British colonies before 1973, and
had full rights to move to and reside in the UK at the time, and were, in fact, not
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Patricia Mindus, ‘A Constitutional Eyesore after Brexit: EU Citizenship and British
Nationality’ in Devyani Prabhat (ed), Citizenship in Times of Turmoil: Theory, Practice and
Policy (Edward Elgar 2019) 151, 151–53.
ibid 159.
ibid 163.
Immigration Act 2014 (UK) s 23.
David Smith, ‘The Immigration Act 2014 and the Right to Rent’ in Devyani Prabhat (ed),
Citizenship in Times of Turmoil: Theory, Practice and Policy (Edward Elgar 2019) 112.
Christopher Bertram, ‘Citizenship, Semi-Citizenship and the Hostile Environment: The
Performativity of Bordering Practices’ in Devyani Prabhat (ed), Citizenship in Times of
Turmoil: Theory, Practice and Policy (Edward Elgar 2019) 94, 94–95.
ibid 95.
Fiona Bawdon, ‘Remember When Windrush Was Still Just the Name of a Ship?’ in Devyani
Prabhat (ed), Citizenship in Times of Turmoil: Theory, Practice and Policy (Edward Elgar
2019) 173, 173–75.
ibid 179.
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