The Human Rights of Non-citizens 5 refugees and immigrants in many countries.14 Zero-sum politics around the world frame the issue of non-citizens’ rights as “us against them,” and politicians manipulate fears of economic and physical insecurity to justify hardened borders.15 The result is that many countries are now instituting procedures that effectively deprive migrants and refugees of even the limited rights they might once have had.16 These can be seen as part of a larger trend to “illegalize” migration in the past few decades, following an earlier century of creating legal mechanisms for global migration.17 As Catherine Dauvergne notes, “It has proven extraordinarily difficult to meaningfully extend human rights norms to those with ‘illegal’ status.”18 States’ efforts to limit “illegal migration” have occurred simultaneously with increasingly codified and restrictive asylum law norms at state levels, enabling states to “narrow the constraint on sovereignty to the smallest point possible.”19 Nancy Hiemstra and Alison Mountz highlight that in the United States, immigration legislation passed in 1996 is casting a long shadow on immigration enforcement practices today, where the full force of crafting conditions of “illegality” is brought to bear on racialized groups.20 In recent decades, as well, states have sought to deter asylum seekers through policies of mandatory detention and deportation. The United States and many European countries have aimed to prevent migrants from making claims of asylum at ports of entry and have enacted a queuing process that forces would-be claimants to wait for extended periods of time at sea or a land border in inhumane conditions.21 David Scott Fitzgerald has signaled that rich democracies actively repel asylum seekers, making refuge “beyond reach” for most.22 Yet policies to deter or repel are evident not only at EU, Australian, and U.S. borders, but also increasingly See, e.g., M. Czaika and A. Di Lillo, “The Geography of Anti-Immigrant Attitudes across Europe, 2004–2014” (2018) 44(15) Journal of Ethnic and Racial Studies 2453–2479; J. O. Baker, D. Cañarte, and L. E. Day, “Race, Xenophobia, and Punitiveness among the American Public” (2018) 59(2) The Sociological Quarterly 363–383. 15 M. Hooghe and R. Dassonville, “Explaining the Trump Vote: The Effect of Racist Resentment and Anti-Immigrant Sentiments” (2018) 51(3) PS: Political Science and Politics 528–533; P. C. Gattinara, “Europeans, Shut the Borders! Anti-refugee Mobilisation in Italy and France,” in D. della Porta (ed.), Solidarity Mobilisations in the “Refugee Crisis”: Contentious Moves (Cham, Switzerland: Palgrave MacMillan, 2018), pp. 271–297. 16 R. Vandevoordt, “Resisting Bare Life: Civil Solidarity and the Hunt for Illegalized Migrants” (2020) International Migration 1–16. 17 C. Dauvergne, Making People Illegal: What Globalization Means for Migration and Law (Cambridge: Cambridge University Press, 2008), p. 4. 18 Ibid., p. 5. 19 Ibid. 20 N. Hiemstra and A. Mountz, “Slippery Slopes into Illegality and the Erosion of Citizenship in the United States,” in Howard-Hassmann and Walton-Roberts (eds.), The Human Right to Citizenship, p. 165. 21 C. Dickerson, “Inside the Refugee Camp on America’s Doorstep,” New York Times, October 23, 2020, www.nytimes.com/2020/10/23/us/mexico-migrant-camp-asylum.html. 22 Fitzgerald, Refuge beyond Reach. 14 https://doi.org/10.1017/9781108914994 Published online by Cambridge University Press