Irregular Migration in Israel– A Legal Perspective

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dc.contributor.author MUNDLAK, Guy
dc.date.accessioned 2009-01-09T13:33:05Z
dc.date.available 2009-01-09T13:33:05Z
dc.date.issued 2008
dc.identifier.uri http://hdl.handle.net/1814/10104
dc.description Euro-Mediterranean Consortium for Applied Research on International Migration (CARIM)
dc.description.abstract Two competing views of irregularity in migration dominate the legal debate. The first sees irregularity as a form of deviant behavior that justifies the denial of rights, deportation and the development of negative incentives for illegal migrants. The second holds irregularity to be an outcome of diverse circumstances, some of which are beyond the migrant's control and some of which require the state to adjust its immigration policy. According to this second viewpoint, irregularity should sometimes be addressed by means of regularization, securing rights and strengthening the state's responsibility toward its migrants. The two views clash: (a) over the understanding of who the irregular migrants are and the reasons for their irregularity, (b) over the balance between the state's monopoly on determining citizenship, and the view that de facto affiliation with the community and other values such as moral obligation and moral worth can impose on the state recognition of status (c) over the conceptual relationship between uninvited presence and rights, and (d) over the likely effects of granting rights on the inflow of further irregular migrants. This report describes Israel's legal regime in the context of illegal migration. It looks at the reasons for irregularity, possibilities for regularization, extension and the denial of rights to irregular migrants and the debate on the incentives, negative and positive alike, employed by the state for individuals with an irregular status. en
dc.language.iso en en
dc.relation.ispartofseries [Migration Policy Centre]
dc.relation.ispartofseries [CARIM-South]
dc.relation.ispartofseries CARIM Analytic and Synthetic Notes
dc.relation.ispartofseries 2008/59
dc.relation.ispartofseries Irregular Migration Series
dc.relation.ispartofseries Legal Module
dc.relation.uri http://www.carim.org/
dc.title Irregular Migration in Israel– A Legal Perspective en
dc.type Technical Report en
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