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Towards a Systemic Theory of Irregular Migration

Gabriel Echeverría · 2020

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Licence: CC BY 4.0 · repository export licence (OAPEN) · Echeverría, Gabriel (2020), Towards a Systemic Theory of Irregular Migration, Springer - licensed CC BY 4.0 (https://creativecommons.org/licenses/by/4.0/)

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About this book

Author
Gabriel Echeverría
Language
English
Published
2020
Length
108,452 words · about 7 h 36 min
Sections
10 reader sections
Text
Digital text
Rights
CC BY 4.0 · repository export licence (OAPEN)

 

Contents (10)

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Front matter

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1 Tniroduchon. aia 1

1.1 Research Questions and Desion.< cccssccscdenccaaisoagise iti 3

1.2 Structure of Me BOCK osorno aer 6

Part II Empirical Study

Bibliography . A E A E E EEE E EEA

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118 121 123

129 129 132 134 135

Contents xi

6 Ecuadorian Migration in Amsterdam and Madrid:

6.1 En adorian 1 ETR E EE ee E EET PERRE E ... 140

6.2.2 143

6.2.3 145

6.2.4

6.3.1 Migration His | y nds 152

6.3.2 154

6.3.3 ae ries Bix 156 6.3.4 ics, Labour Market anid Un i s ic Opir on, ES 163

Regularization St eee O Strategies i in a Madrid... Miran (OS GIA Weck Si O 194 93.2. Work in Madrid csi ras 202

P34 Compa oi erai a EEEREN porra ría EU xii Contents ZA Interal Contróls...ocisosvisro raro ARAS 209 7.4.2 Internal Controls in Madrid 25.240 cormrirrrs ae roces 212 TAS COMPAMSON. eo ocipocaias TEETE pipes la Ta Housing and Healthcare cocinas RRA 215 TIL AMS ras ds LA Tad Maid rr 218 Taa COMPO iii A 219 7.6 Irregular Migration Realities i in n Amsterdam and Madrid AS 220 A geteesaracsnens y eee TD Madd soc 224 Part I Conclusion 8.1.1 Ecuadorian Irregular Migration in Amsterdam and Madrid: The Weaknesses of “Classic”

Theoretical Explanations ¿escoria pee 230 8.1.2 Ecuadorian Irregular Migration in Acdece and Madrid: An Attempt to Explain It Through a Social Systems Perspechive:. ...2cicnisdegievandanans 234 8.2 Further Steps Towards a Systemic Theory of Irregular MESA ociaitatane eee gee e MIRC eee ae eat eee A 242

Chapter 1 A Introduction Greek for L'universo come cosmo regolare e ordinato

o come proliferazione caotica.

insiemi di insiemi... (Mr. Palomar’s mind has wandered, he has stopped pulling up weeds. He no longer thinks of the lawn: he thinks of the universe. He is trying to apply to the universe everything he has though about the lawn. The universe as regular and ordered cosmos or as chaotic proliferation. The universe perhaps finite but countless, unstable within its borders, which discloses other universes within itself. The universe, collection of celestial bodies, nebulas, fine dust, force fields, intersections of fields, collections of collections...)

Italo Calvino

Irregularity is a juridical status that describes the relation between a migrant and one or more states. As a social phenomenon, it does not derive from the migrations themselves, rather, it is the result “of the existence of a structural tension between the social preconditions and the political preconditions” that support them (Sciortino, 2007). The social space, following this interpretation, is the scenario where two different and opposed logics interact. On the one hand, there is the logic of free movement of people and goods that is favoured by socio-economic forces like the market-economy, globalization or transnationalism. On the other hand, there is the logic of the states, political-juridical constructions, historically and ideologically differentiated, that claim the power to delimit the space and to regulate the movement of factors across it. Irregularity would then be the result of the clash between these two logics that determine a numerical difference between the migrants that

© The Author(s) 2020 1 G. Echeverría, Towards a Systemic Theory of Irregular Migration, IMISCOE Research Series, https://doi.org/10.1007/978-3-030-40903-6_1

2 1 Introduction move across the geographical space, established by the first logic, and the migrants who are allowed to do that, established by the second logic.

The divergence between these two logics has become particularly relevant in the present age of globalization. In the previous historical phase, the “social space”, understood as the space within which the majority of social transactions take place, tended to better overlap with the “political space”, understood as the space where those transactions are regulated by a sovereign power. In that context, the main social interactions occurred within the boundaries of the states and those that crossed frontiers were rather limited and then more easily controllable. Human mobility, which is, of course, not a novelty of the current historical moment, took place massively before globalization, but 1t largely occurred through channels established by the states and often under their own auspice.

The growing liberalization in the exchange of goods, capital and information, as well as the drastic reduction in the costs of, and time needed for, the exchanges, in other words globalization, have determined a dramatic change in the previous patterns of mobility. Indeed, the fast and worldwide development of interconnections between individuals and societies has led to an inversion in that overlapping tendency between the “social space” and the “political space”. This process has uncovered, once more, the possible conflict between the inner logic of the each space. In a certain sense, it could be said that globalization is determining a spill-over of the “social space” beyond the boundaries of the “political space” as was prefigured by the modern national state. Faced by these phenomena, states have reacted in a differentiated way. On the one hand, they seem to be ceding sovereignty as regards the circulation of goods, capital and information. On the other, however, they seem to be widely opposed to the free circulation of people. The contradiction between these two tendencies has been successfully summarized by James Hollifield’s image of a clash between markets and states (Hollifield, 2000). Focusing on the effects of this conflict over migrations, Douglas Massey highlighted the existence of a “postmodern paradox” because it is possible to see at work at the same time “global forces” and “restrictive policies” (Massey, 1999).

It is within the frame of this paradox that irregularity can be better understood. Social forces seem to be pushing for a greater mobility of peoples across the globe, while political forces try to regulate or stop such movement. The mismatch between the fluxes generated by the former and those accorded and legitimated by the latter determines that a consistent number of migrants move, reside and work irregularly.

Tf, in an abstract manner, irregularity can be explained as the result of this conflict, reality, as always happens, provides a more complex scenario where a number of different factors have to be considered and where the role of the actors (e.g. states, migrants, capital, etc.) is more ambiguous and less decisive than it may appear at first sight.

The growing impact of irregular migration in receiving countries in the last few decades, in spite of the efforts against 1t taken by the states, has fostered anxieties in the public opinion of the latter and attracted the attention of the scientific community (Arango, 2013; Broeders, 2009). From the mid-seventies in the United States and the early nineties in Europe, the study of irregularity and control policies by the

1.1 Research Questions and Design 3 states has produced a great variety of interpretations and analyses. These, from a diversity of perspectives, have tried to answer four fundamental questions: A. How can irregular migration be explained? B. What determines the failure or low efficacy of the control policies? C. What are the main impacts of irregular migration on the receiving societies? D. How do irregular migrants manage to live in a supposedly hostile environment? What strategies do they develop? What abuses do they suffer?

Answers, as highlighted by many authors, have been in general partial, if not inadequate, in their explicative capacity. This was often the consequence of oversimplistic analyses or mono-causal argumentations. The criticism has discovered that the reasons for this problems lie both in the lack of theoretical ambition and in the scarcity of empirical evidence (Baldwin-Edwards, 2008; Bommes, 2012; Cvajner & Sciortino, 2010; Diivell, 2006). This two different perspectives, the theoretical and the empirical, moreover, have often operated without establishing an effective dialogue with one another.

This study has started precisely from the two elements that have emerged from this brief discussion. On the one hand, irregular migration represents an extremely interesting phenomenon, one that particularly reveals the dynamics, conflicts and contradictions of our age. As pointed out by McNevin: “perhaps more than any other cross-border flow, irregular migration captures the symbolism of borders under siege in an age of globalization” (McNevin, 2009, p. 168). On the other hand, the comprehension of irregular migration still presents a number of limitations. Yet, the research on irregular migration does not aim at being simply a way to elucidate the particular aspects of a specific social phenomenon, but rather to provide a viewpoint from which to observe the structure and dynamics of contemporary society as a whole. In this sense, through the study of irregular migration, this book aspirates to contribute, with the highest humility, to the greatest task for every generation of researchers, the comprehension of “the spirit of their time”.

1.1 Research Questions and Design

There have been two driving forces that have sustained and fostered the research work at the base of this study: firstly, the curiosity for a phenomenon, irregular migration, that is emblematic of the contradictions and complexities of the age of globalization and then the dissatisfaction with most of the available explanations. The curiosity was not so much aroused by the scenes of the overcrowded boats trying to cross the Mediterranean or of the people jumping over the fences in Tijuana, in order to achieve their “American dream”. After all, a great deal of human history has been about people trying to overcome barriers, no matter whether they are geographical or political, in order to improve their living conditions. What really intrigued me was on the other side of those barriers. Why were the rich states that cried against the “invasion”, with all their armies, resources and technologies, still unable to stop these hordes of “miserable” people? Was it possible that after four centuries of adjustments and rethinking, the state, epitome of modern politics, had

4 1 Introduction not yet been able to solve the most elemental problem, that of populations coming and going? How could irregular migrants live, work and fulfil their dreams within societies that, at least in principle, refused their presence? Irregular migration appeared to me as a captivating phenomenon because it evidenced the incongruence between the idea of states as the all-embracing, all-mighty controllers of socio-political interactions, and a much more complex and thriving reality made up of conflicts, ambivalences and uncertainty. Reflecting and researching on irregular migration, from this point of view, seems to me not simply a way to elucidate the particular aspects of a specific social phenomenon, but rather to provide a viewpoint from which to observe the structure and dynamics of contemporary society as a whole in the current age of globalization.

A preliminary review of the literature on irregular migration provided me with a large number of different, often contrasting, answers. Depending on the point of view, scholars and researchers had explained the phenomenon as the results of disparate causes, such as: the weaknesses of states, the ability of migrants, the interests of capitalists, the support of criminal networks, etc. As I proceeded in the exploration, I found myself in the paradoxical situation of becoming more and more fascinated by the new approach I found, and, at the same time, more frustrated by the incongruence of the complex puzzle that was emerging. Furthermore, it appeared that each theorization effort usually emerged from the analysis of a particular national case. Thus, for instance, if in a certain place, the role of efficient smuggler networks had been crucial, irregular migration had to be explained everywhere as the result of smuggler networks. Besides, since the studied cases were rather limited, these mono-causal, undifferentiated explanations were generalized without a solid empirical control base. What seemed to be missing, then, was broader and more systematic work of comparison, in other words, one that made it possible to assess similarities and differences between different cases and therefore to offer material for the development of a more general and sophisticated understanding of irregular migration.

On the basis of these initial reflections, I decided to start this work with a very broad and general research question in mind: How can irregular migration be explained? A twofold strategy was formulated in order to add a grain of sand to the building of a better understanding of this phenomenon.

On the one hand, a theoretical study was developed. The objective of this study was to critically analyse the different theories that have been proposed to explain irregular migration and to prepare an alternative theoretical framework. The main research questions of this study were: what it is known about irregular migration? What have been the main theoretical explanations of the phenomenon? What are the strengths and weaknesses of such explanations? Is it possible to find an alternative theoretical framework that is able to reconcile the strengths and overcome the weaknesses of the other theories? Building on the critiques to the principal theoretical explanations of irregular migration, the study focused on the theoretical work of Niklas Luhmann in order to search for a more effective theoretical framework. This approach helped to overcome a number of theoretical difficulties that have characterized this field of research. For instance, it was possible to go beyond a dichotomist

1.1 Research Questions and Design 5 understanding of the relation between agency/structure and to retrieve a social perspective where a statist one had been clearly dominant. The result was the elaboration of an analytical framework that enabled the possibility of linking the social characteristics of the irregular migration phenomenon to the structural features of the considered contexts, as well as the understanding of irregular migration as a systemic and differentiated phenomenon.

On the other hand, an empirical study was developed. The objective of this study was to compare the experience of irregular migrants in two receiving contexts and to assess the differences and similarities that characterized the two cases. The aim was to offer empirical material for the theoretical reflection. The chosen case was that of Ecuadorian irregular migrants in the cities of Amsterdam and Madrid. This choice responded to two main explanations. The Ecuadorian migration phenomenon, because of its relatively time circumscribed characteristics and its economical motivations, appeared particularly appropriate for a “at destination” comparative research. Migrants in the two receiving contexts could be considered reasonably similar. In addition, the two cities, while having enough elements in common to avoid the risk of comparing “oranges and apples”, were at the same time very different. This allowed for a “most different cases” research strategy, which appeared particular stimulating for theory testing and possible extension.

The empirical study consists of two parts. First, a context study was developed, which comparatively analysed the main structural characteristics of the two cities. Then, a fieldwork that combined ethnography and the collection of 30 in-depth interviews with irregular migrants in each context was developed. The main research questions that prompted this study were: What have been the main structural characteristics affecting migration in the two contexts (migration history, migration regime, economics, welfare state typology, public and political opinion)? What has been the experience of Ecuadorian irregular migrants within the two different contexts? What have been the most important differences and similarities? In particular: what have been the main legal trajectories developed by the migrants within the two contexts? What has been their experience regarding the work sphere (sectors, conditions, controls)? What has been their experience of state controls? Finally, what was their experience regarding basic life facets such as housing and healthcare access?

Although the theoretical and the empirical studies can be considered as separate entities and each has a certain degree of autonomy, they were actually developed together and imagined as complementary parts of a single research effort. Following Derek Layder’s “adaptive theory” methodology (Layder, 1998), a purely inductive or a purely deductive approach was avoided. Instead, an attempt was made to establish a permanent dialogue between the theoretical and empirical parts of this study. Adaptive theory focuses on the construction of novel theory by utilizing elements of prior theory (general and substantive) in conjunction with theory that emerges from data collection and analysis. It is the interchange and dialogue between prior theory (models, concepts, conceptual clustering) and emergent theory that forms the dynamic of adaptive theory (Layder, 1998, p. 27). The results that gradually emerged from the empirical work in this study influenced the theoretical reflections while, at

6 1 Introduction the same time, the concepts and ideas emerging from the theoretical work helped to orient and improve the empirical work.

In the concluding part, then, the initial and more general research questions — what is irregular migration and how is it possible to explain it? — were raised again. Combining the results of the contextual study and the fieldwork concerning Amsterdam and Madrid, an attempt was made to establish possible relations between the structural characteristics of the two contexts and the different irregular migration realties that emerged within them. As a result, a differential, systemic explanation of irregular migration was proposed, and its advantages, in comparison with more “orthodox” explanations, were discussed. Finally, combining the results of the theoretical and empirical studies, and by means of a process of abstraction, a preliminary theoretical typology of irregular migration realities in relation to the structural characteristics of the contexts was suggested.

1.2 Structure of the Book

The book is divided into three main parts. In the first part, the results of the bibliographical and theoretical study are presented. In Chap. 2 the existing literature on irregular migration is examined, identifying the main topics, lines of inquiry and scientific debates. Chapter 3 contains a critical analysis of the different theoretical approaches that have been developed towards an understanding of irregular migration. In Chap. 4 an alternative framework for the theoretical understanding of irregular migration, based on the works of Niklas Luhmann’s social systems theory, is proposed.

In the second part, the results of the empirical study are portrayed. In Chap. 5 the empirical research design and methodology are discussed. In Chap. 6, a comparative analysis of the main structural characteristics of the cities of Amsterdam and Madrid is made. Chapter 7 deals with an elaboration and discussion of the results of the fieldwork on the experience of Ecuadorian irregular migrants in Amsterdam and Madrid.

In the third and concluding part of the book, a “dialogue” between the previous two parts is attempted and some further steps towards a systemic theory of irregular migration are proposed. Chapter 8 provides a discussion regarding the results of the empirical study, comparing the explicative capacity of the “classical” theoretical approaches, analysed in Chap. 3, and of the systemic approach, developed in Chap. 4. On the basis of this discussion and its results, in the concluding part, a systemic analytical framework of irregular migration is proposed and the strengths and weaknesses of the book are discussed.

Bibliography 7 Bibliography

Arango, J. (2013). Exceptional in Europe? Spain's experience with immigration and integration. Washington DC: Migration Policy Institute.

Baldwin-Edwards, M. (2008). Towards a theory of illegal migration: Historical and structural components. Third World Quarterly, 29(7), 1449-1459.

Bommes, M. (2012). Illegal migration in modern society: Consequences and problems of national European migration policies. In C. Boswell & G. D’ Amato (Eds.), Immigration and social systems. Collected essays of Michael Bommes (pp. 157-176). Amsterdam: Amsterdam University Press.

Broeders, D. (2009). Breaking down anonymity digital surveillance on irregular migrants in Germany and the Netherlands. Rotterdam, The Netherlands: Erasmus Universiteit.

Cvajner, M., & Sciortino, G. (2010). Theorizing irregular migration: The control of spatial mobility in differentiated societies. European Journal of Social Theory, 13(3), 389-404.

Diivell, F. (2006). Illegal immigration in Europe: Beyond control? Basingstoke, UK/New York: Palgrave Macmillan.

Hollifield, J. (2000). The politics of international migration. In C. Brettell & J. Hollifield (Eds.), Migration theory: Talking across disciplines (pp. 137-185). New York: Routledge.

Layder, D. (1998). Sociological practice: Linking theory and social research. London: Sage.

Massey, D. S. (1999). International migration at the dawn of the twenty-first century: The role of the state. Population and Development Review, 25(2), 303-322.

McNevin, A. (2009). Contesting citizenship: Irregular migrants and strategic possibilities for political belonging. New Political Science, 31(2), 163-181. https://doi.org/10.1080/07393 140902872278

Open Access This chapter is licensed under the terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/), which permits use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons licence and indicate if changes were made.

The images or other third party material in this chapter are included in the chapter’s Creative Commons licence, unless indicated otherwise in a credit line to the material. If material is not included in the chapter’s Creative Commons licence and your intended use is not permitted by statutory regulation or exceeds the permitted use, you will need to obtain permission directly from the copyright holder.

Part I Theoretical Study

Chapter 2 A The Study of Irregular Migration ges

The study of irregular migration as a specific social phenomenon took off during the 70s in the US. Since then, the academic interest has continually grown and spread, first to Europe and, in the last years, to other regions worldwide. This interest can certainly be related to the increasing attention paid to the study of migrations more in general (Castles & Miller, 1993). The trend can be linked to those broad and complex social and economic changes, often subsumed under the concept of globalization. The specific focus on irregular migration, though gaining momentum throughout the 1980s, reached preeminent attention in the 1990s. On both sides of the Atlantic, the explosion of the so-called “migration crisis” (Zolberg & Benda, 2001) and the emergence of irregular migration as a widespread social fact raised the attention of public opinion and academics alike. Moreover, in recent years, what seemed at first to be an issue concerning only the high-income regions of the planet, now involves also medium and low-income ones, making irregular migration a truly global structural phenomenon (Cvajner & Sciortino, 2010a; Düvell, 2006).

Accordingly, after a lapse of two decades, a topic that for a long time had been relatively marginal (Anderson & Ruhs, 2010; Bloch & Chimienti, 2011) became the object of numerous studies and of a consistent and diversified literature. Given the complexity of the phenomenon, its multiple dimensions, and levels of social interaction, its study has inevitably taken a multidisciplinary path. The literature has rapidly expanded in many directions and, today, irregular migration constitutes an important subfield within migration studies.

This chapter will present a general overview of the main directions and developments that the research on irregular migration has taken. Even if some scholars have lamented a limited cumulative effort, many studies are available and it is now possible to refer to them as a solid starting point for analysis. To avoid getting trapped in difficult and sometimes redundant disciplinary distinctions, this overview will focus on the key issues that have been researched from different perspectives. In this respect, it seems possible to identify six main general thematic fields.

© The Author(s) 2020 11 G. Echeverría, Towards a Systemic Theory of Irregular Migration, IMISCOE Research Series, https://doi.org/10.1007/978-3-030-40903-6_2

12 2 The Study of Irregular Migration 2.1 Definition and Taxonomies

Since migration is a complex and multifaceted social phenomenon, an important and on-going debate has focused on terminology issues. Many terms and definitions have been proposed: irregular, illegal, undocumented, clandestine, unauthorized, informal, unregistered, sans papier, etc. (Baldwin-Edwards & Kraler, 2009; Diivell, 2006; Jordan & Diivell, 2002; Triandafyllidou, 2009; Vasta, 2011). Each of these has a different focus or emphasis, as well as some advantages and problems.

As pointed out by Nicholas De Genova, the choice of a term does not occur in a social vacuum and it is not politically neutral, for this reason, 1t should therefore not be taken uncritically (De Genova, 2002). In fact, within a field that has become increasingly politicized, 1t is not surprising that the selection of terms has assumed a contested nature (Anderson & Ruhs, 2010). Researchers have had to deal not only with classic epistemological problems of definition and perspective but also with the social meaning and connotations that the different terms have in specific contexts. Especially in the last decade, this issue has become increasingly problematic. A number of negative social myths and stereotypical images, usually associated with crime (Castles, 2010; Coutin, 2005b; Dal Lago, 2004; Koser, 2010), have been connected to irregular migration in the public debate and media (Van Der Leun, 2003; Van Meeteren, 2010). Perhaps the most heated dispute has surrounded the use of the term “illegal migration”. On the one hand, some scholars have considered that the use of this term contributes to the negative social myths (Koser, 2010; Schrover, Van Der Leun, Lucassen, & Quispel, 2008) and has a criminalizing effect (Diivell, 2006). In a similar fashion, others have stated that its use is simply incorrect since an act can be illegal, whereas a person cannot be so (Castles, 2010; Schinkel 2005 in Engbersen & Broeders, 2009). On the other hand, some scholars have alleged that the term must be used, but in a critical way. From this perspective, it is precisely the process of social and political construction of “illegality” and its consequences that needs to be researched, in particular, the way in which migrants become “illegal migrants” (De Genova, 2004; Willen, 2007).

Behind this terminological debate, there is hidden a related, more substantial one, which is conceptual. Whatever term is adopted, two questions need to be addressed: (a) to what phenomenon does it refer?; (b) from whose perspective?

A certain but far from unanimous consensus has been reached about the fact that the term should refer to the relations between a migrant and a set of rules established by the state, and not to a migrant him/herself (De Genova, 2002). Irregular migration would then be the outcome of the interaction between human mobility across social spaces and the enactment of policies within those very same spaces. In this sense, “the adjective, irregular, does not belong to the domain of description of the migration flows, but only to their interactions with political regulations” (Sciortino, 2004b, p. 21). The complexity of the first question becomes evident once it is recognized that there are many possible types, degrees and dimensions of irregularity (Baldwin-Edwards & Kraler, 2009; Broeders & Engbersen, 2007; Diivell, 201 1c; İçduygu, 2007; Triandafyllidou, 2009; Williams & Windebank, 1998).

2.1 Definition and Taxonomies 13

The term, in fact, can refer to migrants’ non-compliance with the rules of entry, residence, employment or a combination of these (Van Der Leun, 2003; Van Meeteren, 2010); to a number of legal statuses implying very different social and economic conditions (Chavez, 1991; Massey et al., 1998; Van Nieuwenhuyze, 2009); and to different forms of social stratification and hierarchy (Castles, 2004; Cvajner & Sciortino, 2010b; López Sala, 2005; Sciortino, 2013; Vasta, 2011). Status, moreover, is not as clear-cut as one might expect, and there is room for forms of legal ambivalence, semi-legality, legal illegality, and formal informality (Diivell, 2011b). Furthermore, “behind the notion of irregular migration there is today a set of interpretative frames, stereotypes, folk wisdom, icons and slogans that makes it a part of a complex symbolic discourse” (Cvajner & Sciortino, 2010b, p. 390). Finally, “the meaning of irregularity shifts across time and space, it is a fluid construction” (Schrover et al., 2008, p. 10); “It is not an “on-off” condition, but rather a bundle of statuses variously significant in different contexts” (Ruhs & Anderson 2006 in Bommes & Sciortino, 2011, p. 219). Depending on where migrants are, they can move in and out of irregularity (Reyneri, 1998), in different ways (Van Der Leun, 2003), for longer or shorter periods. States, on their side, can turn irregular migrants into legal foreign residents, or the other way around “with the single stroke of a pen” (Sciortino, 2013).

In an attempt to organize this diversity of possibilities, once the aspiration for a clear-cut, yes or no, all-embracing definition was abandoned, two main paths have been followed. The first has aimed to develop more flexible definitions, in order to see irregularity not as a fixed status but as a process (Bloch & Chimienti, 2011; Castles, 2010; Jordan & Diivell, 2002). From this perspective, it has been proposed to go beyond the illegal/legal divide and, instead, to understand irregularity as a particular set of conditions within a continuum between two ideal types. On the one hand, there is the “total irregular” (entry, residence, work, illegal practices) and, on the other, “the perfect citizen”, somewhere in between all the different cases of “semi-compliant” migrants (Bridget Anderson & Ruhs, 2010). In a similar fashion, irregularity has been defined as an “in-between state among regularisability and deportability” (Garcés-Mascarefias, 2012).

The second path has been to develop taxonomies of different types of irregularity (Bloch & Chimienti, 2011; Haidinger, 2007). Many criteria have been used: ways into irregularity (irregular border-crossing, visa overstaying, refused asylumdemand, violation of the obligation to leave the territory, ineffective deportation, bureaucratic failure/befallen irregularity, birth from irregular parents); duration of stay (limited-, circular- or settlement-irregular migration); types of law violation (irregular entry, residence or work); channels and motivations (smuggled, trafficked, voluntary or forced irregular migrations); irregular migration composition (family, refugees or labour irregular migrations) (Diivell, 2011b; Koser, 2010; Sciortino, 2004b; Vogel & Cyrus, 2008). Regarding the different ways in and out of irregularity and, in order to capture the diversity of possibilities, what has recently been proposed is the distinction among geographical or migration flows, demographic flows and status-related flows (Kraler & Reichel, 2011).

The choice of a certain term implies also the adoption of a specific point of view and of a certain “subjective” perspective. Though this is inevitable, it is important to bear it in mind at every stage. From this perspective, it is possible to distinguish between both taxonomies from above (i.e. the state’s point of view) and from below (i.e. the migrant’s point of view) (Bloch & Chimienti, 2011). Many scholars have discussed how the term illegal migration entails the adoption of the point of view of the state, which tends to interpret the phenomenon as problematic and challenging (Frank 2008 in Anderson & Ruhs, 2010). This point echoes a more general epistemological and methodological critique of what has been defined as “methodological nationalism” (Castles, 2010; Mezzadra, 2011; Wimmer € Glick-Schiller, 2003). The uncritical adoption of a terminology developed within a statist paradigm, it is argued, leads to distorted representations and to the misperception of a “constructed reality” as if it were the natural one. In this regard, it is important not to forget that much of the terminology used to address issues relating to migration has been developed by state administrations in order to deal with these very issues. Van der Leun, recalling the work of Scott, has warned against those “state simplifications” that are produced and continuously refined to classify migrants (Scott, 1998; Van Der Leun, 2003).

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