No More Foreigners? The Remaking of German Naturalization and Citizenship Law, 1990–2000

Since the beginning of the 1990s, Germany has been taking controversial policy measures that had been quite unimaginable, even in the 1980s. On the one hand, regulations for asylum seekers and ethnic Germans have gradually become restrictive in nature. On the other hand, changes to the Citizenship and Nationality Law of 1913 (Reichs und Staatsangehörigkeitsgesetz) and the Alien Act of 1965 (Ausländergesetz) have dramatically altered the naturalization process. Before the passage of the new German citizenship law in 1999, the acquisition of citizenship in Germany was solely based on the principle of descent (jus sanguinis). This paper attempts to explain why German government altered its citizenship policy and introduced birthright citizenship. It reviews the post-war contextual factors that have shaped the debate on citizenship and asks whether it is external or internal factors, that is international-level norms and institutions or domestic politics, that led to the change. If domestic politics can fully explain the adoption of the new citizenship law, what domestic forces played an important role? Was state action taken in the name of protecting “the national interest” or was it party politics? What role did societal forces play in the making of new citizenship policy? Did the act seek to mitigate anti-foreigner sentiment growing in Germany since the 1990s? Using archival and documentary research and secondary data on socio-economic and demographic trends in Germany, this paper concludes that domestic politics explain the changes in the citizenship law. I argue that granting and withholding national citizenship, including birthright citizenship, is exclusively in the hands of a nation state. Considering a purely ethnocultural understanding of nation-hood now includes legal and territorial components, the new German citizenship law is a major reform at the both theoretical and conceptual level. However, the practical consequences of the new naturalization process remain to be seen. The main question for the future research agenda is whether the new naturalization and citizenship laws will bring full integration of foreigners living in German society.     

Dry land drowning or rip current survival? Haitians without status in the Bahamas

Recent scholarship contends that collective action emerges when human rights are violated. This article investigates why Haitians without status in the Bahamas have yet to mobilize collectively for basic rights and protections, despite discrimination and exploitation. The article examines two analogies to explain their immobilization. The analogy of dry land drowning utilizes Goffman's Stigma (1963) framework to describe how social prejudice hinders the ability of Haitians without status to act, while the analogy of rip current survival explains how institutional drawbacks pull Haitians without status away from movement activity through a political process analysis. The article contends that both interpretations are inadequate when taken alone and provides suggestions for future research into Bahamian-Haitian relations.     

‘Have you got the Britísh?’: narratives of migration and settlement among Albanian-origin immigrants in London

Studies on migration and integration in Britain have noted the paucity of research on ‘new’ migrants, especially ‘illegal’ migrants and asylum seekers. This paper focuses on one understudied group – Albanian immigrants and their children – and looks at their migration and settlement, based on sixty interviews conducted in two phases either side of a 2003 mini-amnesty that gave many indefinite leave to remain. This regularization is the fulcrum around which our analytical narrative is built. Focusing on the interaction of migrants' agency with host-country structure, the paper shows that an unsettled asylum policy and delays in implementation have had deleterious effects on migrants' integration and sense of belonging, even after citizenship acquisition. As they search for a social and ethnic positioning within a multi-ethnic host society, the eventual realization of Albanians' migration project is accompanied by culture shock, intergenerational difference and ambivalence towards integration.     

The limits of post-national citizenship: European Muslims,human rights and the hijab

Innovative approaches to citizenship emerged in the 1990s. Post-national theory suggested that European minorities no longer needed national citizenship because supra-national political structures such as the European Court of Human Rights (ECtHR) offered them protections. Denationalized citizenship held that universal human rights were now available at the national level too as the Council of Europe's member countries had to incorporate human rights principles within their own jurisdictions. New forms of claims-making among European Muslims were cited as evidence of this trend as religious claims, especially relating to the hijab, began to be made through human rights litigation. This paper demonstrates the limits of post-nationalism through a discussion of the outcomes of such claims. While European Muslims are indeed mobilizing around human rights, there is no evidence – at the level of litigation – that this has helped them to win recognition of their religious or cultural rights. This paper explores the reasons for this.     

‘It's almost like white supremacy’: interracial mixed-status couples facing racist nativism

This article expands the theoretical debate on racist nativism and the specific impact that it has on the experiences of interracial mixed-status couples in the USA. In-depth interviews suggest that the costs of racist nativist microaggressions and macroaggressions are experienced differently, depending on the social status of each member of the couple. Microaggressions target Latinos/as, while racial profiling, a macroaggression, is mainly experienced by Latino men; however, in both cases their white partners also experience rebound racism on behalf of their partners. White women partnered with Latinos experience the greatest rebound effects of racist nativism. Larger macro-policies create a precarious position for couples; this leads them to make calculated legal risks to sustain their families and ultimately constrains their freedoms.     

Response to Ethnic and Racial Studies interlocutors

This symposium on my book, The Specter of Race: How Discrimination Haunts Western Democracy (Princeton, 2018) provides an opportunity to engage specialists in classical and modern political theory and philosophy, comparative racial and ethnic politics, and political sociology who have provided commentary on different aspects of the two overarching arguments intertwined in The Specter of Race; how students of democracy have largely ignored how racial and ethno-national hierarchy has been historically tethered to its practice , and how students of comparative politics have, for the most part, ignored how these hierarchies have informed the very development of modern democracies.     

Sub-state nationalism in Spain: primers and triggers of identity politics in Catalonia and the Basque Country

This article builds on recent attempts to explain divergent uses of sub-state nationalism to push for policies of assimilation or multiculturalism and drive popular support for independence. It analyses the dynamics of discourses and policies in Spain before, during and after peak times of identity politics to provide a more nuanced understanding of the conditions leading to the activation of identity-driven policies. Substantive ethnographic evidence is presented to explain recent alterations to national discourses of identity, surprising reversals of immigration policies, and the modulation of Catalan and Basque independence movements. The main finding is that both identity discourses and resulting policies depend on the affinity for identity politics at the sub-state level, and this affinity is in large part primed by the popular perception of how secure sub-state national identity is against the ‘official’ state narrative.     

Citizenship,Belonging, and Moldovan Migrants in Post-Soviet Russia

Drawing on ethnographic research among transnational Moldovan households in Moscow, this essay considers how ideals of belonging, assertions of historically inflected rights, and aspirations for mobility are all part of the everyday practice of citizenship. Mobile subjects encountering increasingly restrictive post-Soviet citizenship regimes often recall incorporation into a greater historical polity than their current passports would suggest. Three key areas are examined: the intersection of citizenship regimes and popular understandings of belonging; the sense of rights driven by cultural logics informed by previous history; and the way in which ideals and practices of citizenship are diverse among migrants from apparently homogeneous migration streams. The post-Soviet context where the Soviet promise of enfranchisement continues to inform how people on the margins view citizenship illustrates just how deeply citizenship regimes come to be incorporated into popular understandings of belonging even long after formal citizenship ceases to exist.     

Looking for immigration law

Culling the Masses by Professors David Scott FitzGerald and David Cook-Martín is an impressive work that makes important scholarly contributions. It analyses the trend in the USA, Canada, Cuba, Mexico, Brazil and Argentina away from explicit racial discrimination in immigration laws. One layer of the book's argument examines how ‘vertical’ (domestic) and ‘horizontal’ (external) forces led these countries to abandon explicit racism. In another layer, the book argues that this anti-racist turn was not a product of democracy. Instead, racist immigration laws were often the product of democratic influences and institutions. The nuanced examination of external influences on national immigration laws in Culling the Masses is an invaluable contribution. However, its inconsistent definition of ‘immigration law’ across countries leaves incomplete both its assessment of racism in the present-day immigration laws, and in turn, its assessment of the relationship between democracy and racism.     

The geo‐classifications of colonial statelessness: The anthropology of Kastom,land and citizenship in the decolonisation of Vanuatu

Anthropological accounts of Vanuatu's independence have emphasised both the materiality of land alienation and the importance of kastom (custom) as a symbol of cultural practice, political resistance and national unity in accounts of decolonisation and postcolonial nation‐making. For 74 years indigenous ni‐Vanuatu were stateless and lacked all forms of citizenship and nationality in the Anglo‐French Condominium of the New Hebrides (1906–1980). This article situates anthropological accounts of land, kastom and the state in Vanuatu's transition to independence in relation to statelessness, citizenship and hierarchies of ethnographic authenticity within the geo‐classificatory frameworks of colonial rule established by the condominium. The embodiment of citizenship and demands to end the cumulative humiliations of statelessness that ni‐Vanuatu experienced in the condominium illuminate both tensions and continuities in idealist and materialist accounts of Melanesian nationalisms evident in kastom and land as they were mediated by the emancipatory claims and promises of postcolonial citizenship.