4
Introducing ‘unwanted’
noncitizens
‘Unwanted’ noncitizens here refers to those noncitizens with whom a State or
States would rather have no relationship at all. This chapter considers in particular the situation for irregular migrants and stateless persons within a State
built on liberal democratic principles. While the contexts for those defined in
these two ways are different, both can be characterised by State non-recognition
of its relationship with individuals, putting them at risk of extreme vulnerability
with regard to core capabilities. There are other commonalities. For example,
many stateless persons in fact lack travel documents. If such individuals want to
travel internationally, they must do so irregularly. Conversely, irregular migrants
or their children may end up effectively or formally stateless, or at risk of statelessness, because of lost documents or difficulties with birth registration, for
example.1 This chapter focuses largely on ‘unwanted’ noncitizens in situ. This is
because in these cases, the nature of the individual-State relationship is particularly easy to uncover. There is much discussion here of their vulnerability, but
irregular immigrants and stateless persons should not only or even primarily be
seen as vulnerable. They are active agents (albeit constrained) who are potentially challenging a State and the State system.
The rights and interests of ‘unwanted’ noncitizens are usually the last to be
considered, if at all. Yet their relationships with the States where they live can
tell us much about the construction of noncitizen-vulnerability and how dehumanisation, stigma and shame create and recreate this vulnerability in new ways.
Existing arguments for the rights of these ‘unwanted’ noncitizens often rely upon
humanitarian concerns and rights which, as they are seen as outside the institutional framework, can sometimes appear to be supererogatory. Yet, irrespective
of a particular State’s intentions or interests, a State based on liberal democratic
principles has a fundamental and substantive relationship with its noncitizens,
including those with whom it would rather have no relationship at all. Noncitizens in general, and ‘unwanted’ noncitizens in particular, are made vulnerable to
that State, a vulnerability that is reinforced rather than neutralised by its denial.
1 Jacqueline Bhabha (2011) Children Without a State: A Global Human Rights Challenge, MIT
Press; Laura van Waas (2009) Nationality Matters: Statelessness Under International Law,
Intersentia Publishers p. 12.