Political theorists hardly ever use empirical data when they discuss the problem of irregular migration. This article tries to fill this gap by engaging with sociological records provided by the CLANDESTINO project, which has produced country reports of data and trends of undocumented migration across Europe. After criticizing the attempt to offer undocumented individuals a large package of rights even if they are not regularized, the article discusses the options left for a host state: deportation and regularization. But none of the empirical and normative reasons for which states can legitimately exclude foreigners can justify already settled irregular immigrants’ expulsion. Since some form of regularization of already settled irregular migrants is thus morally required, the article surveys several views of an appropriate residence threshold and argues for a short-time threshold view of one year.

Publication details and link to source: Stavila Andrei, ‘No land’s man: irregular migrants’ challenge to immigration control and membership policies’, Journal of Ethnic and Racial Studies (2014).