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Immigration concerns the movement of people across national borders; citizenship concerns who legally belongs to a state. People legally assimilate through citizenship, which excludes and includes. Citizenship is distinct from being a subject of a monarchy in that it implies participating in government. The ideal type of citizenship has been that it is “egalitarian, sacred, national, democratic, unique and socially consequential” (Brubaker 1997: 132). States typically receive people who settle as asylum seekers or refugees, family members of those already settled, labor migrants, or retirees with sufficient resources.

The legal regulation of people movement and national membership leads to disputes, and courts, administrative tribunals, and case level officials work out much of the politics of inclusion and exclusion. The places those disputes are addressed include both local and transnational arenas. The number of officials in charge of enforcing borders has expanded as state officials enlist nonstate actors to exclude or enforce. Enforcement officials include reluctant or uninterested employers, airlines, and vindictive neighbors as well as police, immigration officers, and schools. Transnational agreements provide guidance and establish structures but do not articulate clearly enforceable rules. In the twenty-first century, these issues are at the top of political agendas in many Western countries. While the focus of discussion in recent years has been on control and exclusion in Western postindustrial states, in earlier decades this was not the case, or at least not for all potential immigrants.

Citizenship Based on Birth or Residence

States have historically organized citizenship through blood and soil, jus sanguinis (law of blood) or jus soli(law of soil or place). Germany, for instance, was a paradigmatically blood-based country for citizenship. France and the United States, alternatively, have seemed more republican, offering citizenship first to all who are born in the territory and second to most who would naturalize. A measure of how open a state is would be the accessibility of naturalization. These two paradigmatic frameworks blur in practice. For example, Germany no longer bases citizenship only on ethnicity, and the United States until 1952 excluded Asians from citizenship on the belief that they were intrinsically not suitable for it. Responsibilities and rights of citizenship have not been available to all who are formally members of society.

The classical idea of citizenship is under question as citizenship has become less sacred, nonexclusive, and postnational. First, states marked “sacredness” by military service; feminist scholars have questioned whether that means women simply could not be citizens. Not all countries require military service; what, then, would mark citizenship as sacred? The inequality in rights by race and gender has also raised problems with how realities fall short of the ideal. Next, with mass migration, many families live transnationally, whether through travel or extended family in multiple countries. Finally, citizenship rights have become tied to universal human rights frameworks rather than membership in a national state. Perhaps paradoxically, legal citizenship facilitates transnationality because it more readily allows family ties across borders through making international travel legal and relatively easy.

Immigration and Deportation Law

Immigration law has made nations. Whom states have chosen to exclude has often demonstrated who they think can culturally belong. For many years, Australia and Canada had “white” policies. The United States first excluded the Chinese from immigration in 1882, and later extended this exclusion to other Asians, making them ineligible for citizenship. From the 1920s until 1965, the United States excluded people in a way that favored those from northern Europe and Canada.

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