6
Molly Land, Kathryn Libal, and Jillian Chambers
in many Global South states as well, as Yajaira Ceciliano-Navarro, Tanya GolashBoza, and Luis Rubén González Márquez elaborate in Chapter 6.
The prevalent assumption that rights are tied to citizenship leaves countless
people without protection as they flee violence, persecution, and famine. This
assumption also coexists uncomfortably with the reality of the current moment, in
which many people live and reside outside their country of nationality.
Furthermore, the countries that fight hardest to close their borders are often also
responsible for the very conditions and polices that have caused or contributed to
displacement and migration, such as the United States with respect to historic
role in destabilization of Central American governments and economies.23
Systematically denying human rights to those in situations of vulnerability – both
within a state’s borders and outside of them – is unjustified from both a moral and a
practical perspective.
Finally, assuming that citizenship is the primary foundation for the enjoyment of
rights also fails to recognize the countless ways in which citizenship itself is under
assault today. From new state policies seeking to strip individuals of their citizenship
status to immigration policies that deprive those in mixed-status families of the rights
to which they are supposedly entitled – citizenship is no longer the foundation we
believed it to be.24 Likely it never was. The pressures of globalization and humanitarian crisis are simply making this more evident than ever before. By bringing
contemporary scholarship on the rights of non-citizens to bear on current debates
about rights and citizenship, the book is intended to help contribute to a dialogue
about the very urgent problems states around the world are facing in grappling with
migration, flight, and the failure of law and institutions.
One of the critical concerns of this collection is the inadequacy of domestic and
international laws and institutions intended to protect those who have sought refuge
beyond borders or who are stateless. As Weissbrodt points out, the rights of noncitizens are addressed in all the major human rights treaties and yet the chasm
between legal principle and lived reality for non-citizens, and especially undocumented migrants, asylum seekers, and refugees, continues to grow.25 Both international law and the international institutions that administer migration (the UN
High Commissioner for Refugees, International Organization of Migration, and
International Labor Organization) are ill equipped to address what is a profound
global challenge.26 This is a sober assessment shared by scholars and practitioners as
we approach the United Nations’ 75th anniversary.
23
M. G. Garcia, Seeking Refuge: Central American Migration to Mexico, the United States, and
Canada (Berkeley: University of California Press, 2006), pp. 13–43.
24
R. E. Howard-Hassmann, “Introduction: The Human Right to Citizenship,” in HowardHassmann and Walton-Roberts (eds.), The Human Right to Citizenship, pp. 1–18.
25
Weissbrodt, “Human Rights of Noncitizens.”
26
P. Nyers, “Humanitarian Hubris and the Global Compacts on Refugees and Migration” (2019)
5(2) Global Affairs at 171–178.
https://doi.org/10.1017/9781108914994 Published online by Cambridge University Press