Immigration Policies
Immigration, law, and marginalization in a global economy: Notes from Spain
Scholars of immigration and globalization often argue that a paradox exists between the contemporary forces of globalization and the dismantling of economic borders on one hand, and the increasingly restrictionist stance of Western capitalist democracies regarding immigration on the other (Aman 1994; Cesarani & Fulbrook 1996; de Lucas 1996; Hollifield 1992; Lusignan 1994; Scanlan 1994; Zolberg 1994). One example of this presumed paradox is the increasing ease with which capital and goods move in and out of Western Europe, while at the same time the “European Fortress” steps up control of its external borders (de Lucas 1996; Colectivo Virico 1994; Pugliese 1995; den Boer 1995:95). Perhaps even more conspicuous is the contrast between the North American Free Trade Agreement (NAFTA), which allows for the free movement of investments and goods between Mexico and the United States, and U.S. immigration policies that appear to be increasingly restrictionist.
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Another theme that runs through much of the academic literature on immigration is the recurring gap between the declared intent of immigration laws and their outcomes. It is noted, for example, that despite concerted efforts to control immigration from developing countries, in most advanced capitalist democracies these efforts have been glaringly unsuccessful in controlling either the size of the flow or its composition, and in some cases have had a series of apparently unintended and counterproductive consequences (see Cornelius, Martin, & Hollifield 1994).
The study of Spanish immigration law on which this article is based was undertaken as a way to explore such apparent contradictions. As a country that has undergone enormous political and economic transformation in the last two decades-almost overnight joining the roster of Western capitalist democraciesand that arguably experiences the contradictions of advanced capitalist development in an intensified fashion, Spain provides an interesting case study for such analysis. One of the preeminent scholars of Spanish immigration law has said, “The immigration of workers and their families from the `third world’ is . the social-demographic phenomenon that most clearly reveals the contradictions, internal and international, of Spanish society in the last years of the twentieth century” (Izquierdo 1996:133). As we will see, this recent immigration to Spain and the laws that purportedly attempt to control it can shed light not only on the contradictions of Spanish society, as Izquierdo notes, but also on the broader contradictions of immigration and immigration control in the new global economy.
As I began this study of immigration laws in Spain, I was soon struck by the marked contrast between the integrationist rhetoric accompanying these laws (for example, the Preamble to the first comprehensive law in 1985 proclaims that its purpose is to guarantee immigrants’ rights and assure their integration in the host society) and their actual content, which systematically marginalizes immigrants and circumscribes their rights. I argue here that as Spain’s economy took off in the 1980s and itjoined the emerging European Community, the economic importance of Third World immigrants increased at the same moment that Spain was pressured by its European neighbors to control its borders, which had become the southern gate to the new Fortress Europe. The consequence was a series of contradictory policies that say one thing and do another. While the dual rationale of the 1985 law and its successors has been to control the borders while ensuring immigrants’ rights, they do neither. Indeed, rather than controlling the number of immigrants entering Spain, these laws focus primarily on defining levels of social and economic inclusion/exclusion. I further argue that these policies are crafted in such a way that the predictable consequence is to marginalize Third World immigrants and consign them to the extensive underground economy.
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Immigration Policies
Immigration policies of countries reflect their attitude regarding immigration. There were no strict regulations regarding immigrations in the ancient period. With increase in the consciousness about political identity each country formulated a set of conditions, to regulate migration. Immigration policies are guiding principles for the procedure of immigration. The immigration policy is revised according to the motives of the government. The countries, which have low population growth, have liberal immigration policies. The growth of terrorism has forced countries to become more stringent in their immigration policies.
The policy is a set of terms and conditions, which are essentially satisfied by the immigrants. Legal immigration is possible only for immigrants, who fulfill the eligibility criteria mentioned in the immigration policy of the country. The policy also determines the right of the immigrant in the country. The policy provides a comprehensive outlook to manage the economic and social life of the immigrant. Some countries have strict policies regarding the permitted activities of an immigrant in their country. The immigration promoting countries have lenient policies regarding the civic life of immigrants, which help them to integrate easily with the culture of the country.
The government develops the policy according to the social and economic conditions prevailing in the country. The policies are legalized by immigration law. Population increase and anti immigrant sentiments influence the formulation of strict policies. Policies also consider issues regarding illegal immigration. The policies of many countries enforce strict regulations to limit illegal immigrants. The immigration policies of a few countries have provisions to provide amnesty to illegal immigrants.
