Schmid Comparative Migration Studies
(2020) 8:25
40). If access to citizenship were completely blocked, immigrants could never become
equals. In addition, the transformation of non-citizens into citizens has crucial repercussions on territorial admission: It permanently unlocks access to a state’s territory by
establishing the right of unconditional re-entry and residence. The outer boundary of
immigration is also fundamental. If it were completely blocked, citizenship could never
be reached. Indeed, the territorial boundary is ‘citizenship’s perpetual gatekeeper’
(Joppke 2010, p. 150).
Immigrant rights are important, but not as fundamental as immigration policies and
citizenship policies. Still, one may argue that the architecture of national boundary regimes cannot be properly conceptualised and understood without the dimension of immigrant rights. However, there are empirical, theoretical, and pragmatic reasons to
omit this dimension. First, Huddleston and Vink (2015) provide empirical evidence
showing that various general rights and the ease of access to citizenship are so highly
correlated that they can be reduced to the same empirical dimension. They identify the
citizenship policy component as the ‘best predictor’ of the overall rights regime. Second, granting rights amounts to boundary blurring between citizens and non-citizen
residents, while the establishment of long-term legal residence upon immigration and
the inclusion into a receiving country’s national community regulate the more fundamental aspect of boundary crossing. Lastly, comprehensive data on immigrant rights for the
sample and timeframe used in this study are not available, especially for the last decades
of the old millennium. Such data would be very laborious to collect, especially when one
considers a wide variety of rights. To make such an endeavour possible we would also
have to narrow the number of rights we examine, provoking the need for a selection that
can be widely agreed upon. For these reasons, I leave aside immigrant rights and focus
instead on the fundamental boundaries defined by IRO and CRI.
Theorizing the architecture of national boundary regimes
To theorize the architecture of national boundary regimes, I first take a step back and
examine the idea of the liberal paradox. Coined and elaborated by Hollifield (1992,
2004), it refers to the tension between economic liberalism and political liberalism in
regulating immigration and the access to citizenship. To maximize material welfare in a
globalizing world, transnational economic forces propel liberal states toward greater
openness in territorial admission (Hollifield 2004, p. 902). At the same time, however,
to ensure security, to preserve the democratic social contract, and to protect the cultural cohesion of the national community, political forces push for greater territorial
closure (ibid.). Furthermore, however, whereas economic liberalism tends to see foreign
workers as commodities, the liberal constitutional order of democracies provides the
grounds for granting them rights and citizenship (Hollifield 1992).
Against this background, Hollifield points to two possible outcomes. The first is that
– in the context of a growing international labour market – an individualist understanding of political liberalism points to the possibility of a “gradual resolution of the
liberal paradox” (Hollifield 1992, p. 223). Indeed, for Hollifield, “rights-based liberalism
goes hand-in-hand with the spread of market relations”, and it is this “confluence of
unregulated markets for foreign labour and the rise of rights-based politics that explains the failure of restrictionist policies and the persistence of immigration” (ibid., p.
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