Law and the Study of Migration
Chapter 7 of MIGRATION THEORY: TALKING ACROSS THE DISCIPLINES, Caroline B. Brettell and James F. Hollifield, eds., Routledge, 2000
23 Pages Posted: 23 May 2000
Date Written: August 1999
Abstract
This paper first discusses how law affects migration flows by helping to construct the incentives that drive the decisions of potential migrants. It then turns to the more specific modalities, structures, and institutions through which law attempts to control and shape migration. Next, it explains why contemporary immigration law has failed in its stated enforcement mission, which also suggests that this ostensible failure, in fact, serves certain latent social functions. Finally, it explores the possibility that much illegal immigration is a victimless offense, and discusses some of the ways in which this reality may affect immigration enforcement and politics.
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