2023 was, to put it mildly, a terrible year for (im)migrants and their human rights. With the declared end of the Covid pandemic came an end to the exceptional border policies it had led to which had further restricted already weakened migrants’ rights. Yet governments have largely chosen to replace them with legal frameworks that incorporated many of the same rights negating policies and ideas- except for this time they put them on a permanent legal basis. Liberated from their initial emergency rationales, asylum bans have now joined outsourcing and overpopulated mass detention camps as standard methods of migration governance. Previously, it was possible that governments simply did not know how to respond to sudden mass influxes of refugees and asylum seekers – thus perhaps explaining (though not excusing) the adoption of measures that ended up violating, undermining or simply denying the applicability of human rights norms. Yet this is hardly tenable anymore. Not only is there nothing unforeseeable about the number of arrivals anymore but there is increasing evidence that governments simply do not care for human rights or basic rule of law norms when it comes to governing (im)migration. What they do care about is their re-election. And in many countries, this is seemingly best secured these days by trading in rhetoric and policies that paint migration exclusively as an existential threat to be managed with the full and legally unregulated power of the sovereign state, with all the cruelty and violence this entails.

Citation
Anja Bossow, Rethinking the Law and Politics of Migration, Verfassungblog (February 26, 2024).
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