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1 The Facrs That Make Unmake Migration Policies Author(s): Stephen Castles Reviewed work(s): Source: International Migration Review, Vol. 38, No. 3, Conceptual Methodological Developments in Study International Migration (Fall, 2004), pp Published by: The Center for Migration Studies New York, Inc. Stable URL: Accessed: 15/03/ :52 Your use JSTOR archive indicates your acceptance Terms & Conditions Use, available at. JSTOR is a notforprit service that helps scholars, researchers, students discover, use, build upon a wide range content in a trusted digital archive. We use information technology ols increase productivity facilitate new forms scholarship. For more information about JSTOR, please contact The Center for Migration Studies New York, Inc. is collaborating with JSTOR digitize, preserve extend access International Migration Review.

2 The Facrs that Make Unmake Migration Policies Stephen Castles University Oxford Migration policies ten fail achieve ir declared objectives or have unintended consequences. This article discusses three sets reasons for this: facrs arising from social dynamics migrary process; facrs linked globalization transnationalism; facrs within political systems. Effective are policies ten hampered by onesided explanary models used as explain, well as by interest conflicts in both domestic international politics. In many cases this leads policies with contradicry or objectives hidden agen das. The article on goes discuss some elements a frame conceptual work for improving policy formation possible components fairer more effective policies at national, regional global levels. Observers international are ten struck by failure states effectively manage its effects on society. In particular, undocumented keeps growing despite control efforts by states supranational bodies. "Paradoxically, ability control has shrunk as desire do so has increased" (Bhagwati, 2003). This is not say that states always, or even mostly, fail influence through ir policies. As Mark Miller has written: "what governments do matters a great deal" (Castles Miller, 2003:94). But re are many cases in which governments fail achieve ir declared objectives. Here are two examples. Australia defined itself hisrically as a white outpost Europe. Ever since British settlement in 1788, Australians have felt threatened by 'Asia's teeming millions.' When Australian federal state was founded in 1901, one its first legislative acts was establish White Australia Policy. After World War II, Australia set up a largescale im program. The government believed that small population (7.5 million in a continent as 1Xhis article is based on a paper presented at Conference on Conceptual Method ological Developments in Study International Migration, Princen University, May 23?24, I thank discussant, Mark J. Miller or participants for ir comments. I also thank Alejro Portes Josh DeWind for ir suggestions. An earlier version some parts argument is be found in Castles (2004).? 2004 by Center for Migration Studies New York. All rights reserved /04/ IMR Volume 38 Number 3 (Fall 2004):852884

3 The Facrs that Make Unmake Migration Policies 853 as big United States) made country vulnerable invasion that a larger labor force was vital industrial growth. The government persuaded a skeptical public accept policy by declaring that great majority immigrants would be British rest white European. As non British entries grew, public was assured that a policy assimilation would prevent cultural change. However, by 1970s, White Australia Policy was unsustainable in face increasing trade with Asia. Increasing numbers were immigrants noneuropean. Similarly, assimilation failed due processes labor market segmentation, residential segregation ethnic community formation. Australia became one world's most ethnically diverse societies, a policy multiculturalism was introduced. Despite a backlash in mid1990s, policy has been retained by suc cessive governments (Castles Vasta, 2004; Jupp, 2002). A second example is Germany, which recruited migrant workers from The were guestworkers come for a few years only were not supposed bring in dependents or settle permanently. Germany's model national identity was based on ideas common descent culture, it had no place for ethnic minorities? as recent hisry had shown so dramatically. After labor recruitment was spped in 1973, newcomers started settle form distinct communities. Yet German leaders continued recite mantra that " German Federal Republic is not a country im." It was not until late 1990s that German were forced nature politicians recognize permanent im. The 1999 citizenship law represented a hisric shift from ius sanguinis (citizenship by descent) ius soli (citizenship by birth on terriry). In 2001, an ficial commission finally recognized that Germany is indeed has always been a country im (Siissmuth, 2001). These cases both concern strong, efficient states with traditions long active it is not policy. Clearly, weak states just that experience policy failures. Moreover, both governments initially saw ir as policies successful failure became policy only obvious after many years. Thus, mi gration policies may fail because y are based on shortterm narrow views migrary process. It is important look at entire migrary process, starting from initial movement right through settlement, community formation emergence new in generations im country. Third, it appears that re were facrs inherent in experience which led outcomes that were not or necessarily expected wanted by It is participants. refore necessary analyze migrary as a process social longterm process with its own inherent dynamics.

4 854 International Migration Review What constitutes 'policy failure'? This is not used here as a normative term. Some people might say that both Germany Australia are better because places im emergence multicultural societies. Rar, policy failure can be said occur when a policy does not achieve its stated in case objectives Australia, remain white monocul tural; in case Germany, import labor not people. This leads an analytical problem: it premises judgments about success on policies existence explicit honest policy objectives. But policymakers may be reluctant declare ir true objectives for fear arousing opposition. This makes it necessary deconstruct ficial goals look for hidden agendas. One yardstick could be failure use effective measures? achieve declared even when such measures are obvious avail objectives able. An is failure enforce sanctions example employer prevent illegal employment in United States, Japan many or countries. In any case, policy success or failure depends on eye beholder. Few policies fail completely. Rar y tend achieve some ir objectives, but not all, or have unintended consequences. This article focuses mainly on from lessdeveloped countries industrial countries. It starts by looking briefly at hisry state management. Then it examines a range facrs which shape migrary processes discusses interaction se facrs in shaping state? in policies m. The central undermining argument is that various facrs are so complex that states tend wards compromises contradicry policies. This is partly because conflicts between competing social interests partly because way policy process works. An important underlying reason is contradiction between national logic control transnational logic international in an epoch globalization. Finally, article suggests some elements a conceptual framework for more effective policy formation discusses elements policies at national, regional global levels. MIGRA TION POLICY IN HISTORY Until recently, many orists (especially in United States) accepted a longsting orthodoxy that was mainly determined by market forces. Neoclassical economists, who ten had ear poli cymakers, argued that this should be so that state action merely disrted " market," ten with negative consequences (Borjas, 1989). However, control by state actually has a long hisry. The

5 The Facrs that Make Unmake Migration Policies 855 market facrs posited as crucial in economic ory ten did not shape, because "border control usually intervenes as a determinative facr." Potential countries restrict receiving entry, by erecting "protective walls" with "small doors that allow for specific flows" (Zolberg, 1989: ). If we look back in hisry, we find a variety state roles, some which go far beyond mere border control. Potential e countries have ten tried prohibit departures. Mercantilist European monarchs saw ir wealth as consisting mainly people forbade departure (Fahrmeir, Faron Weil, 2003:3). In 1820s, industrializing Britain banned e skilled workers, who were being enticed away by employers from France, Russia, Germany America (Thompson, 1968:272). More recently, European fascist regimes refused let people depart. That is why many Portuguese Spanish migrants France in 1960s had cross Pyrenees with help When smugglers. y arrived were as? y workers not regularized refu gees (Castles Kosack, 1973:3435). The Soviet Bloc prohibited depar ture, which made it easy for Western countries have generous asylum policies wards those few who did get out. This was change in early 1990s: once Western nondeparture regime countries collapsed, hastened establish a nonarrival regime (Chimni, 1998; Keeley, 2001). Labor recruitment also goes back a long way. In ancient world, conquest was ten motivated by aim taking slaves as cheap labor power. Capitalism has always needed "unfree labor" (Cohen, 1987). In early modernity, slave trade was part colonial political economy. When slavery was abolished it was succeeded by indentured labor systems, in which colonial states a played central role. Colonial states also played a big part in attracting free immigrants for settler colonies. Australian colonial adminis trations carried out publicity campaigns in Britain, organized subsidized travel, assistance provided migrants upon arrival. European industri alization also used migrant labor, but much was spontane ous or organized by employers, rar than by states. In World War I, main combatant states recruited workers from ir colonies (Britain France) or from European sources (Germany). The Nazi war economy relied heavily on migrant labor? many m recruited by force (Homze, 1967). The idea a past era nonintervention by state is based on U.S. experience between Here role state was encourage screen entrants for disease criminal rec im ords. was Openness limited by discriminary rules against Asians in 1880s was finally spped by national origins system

6 856 International Migration Review after World War I. Britain, Canada Australia all introduced rules ex cluding specific groups in late nineteenth century Britain against East European Jews; Australia Canada Asians. In against France, where de decline was an mographic already issue, we can observe use early immigrant incorporation for strategic purposes: Nationality Code 1889 was explicitly designed obtain soldiers for future conflicts with Germany (Schnapper, 1994:66). German ficials, by contrast, feared that Polish im in Eastern provinces Reich would dilute German population threaten ir hold on region. They refore devised a policing system designed keep migrants mobile prevent settlement. This is an early example a nonincorporation (or exclusion) regime, which was deliberately used keep wages low create a split labor market (Dohse, 1981:3383). Thus picture an era laissezfaire in that ended with World War I is misleading. "States ok an active interest in 'ir' emigrants in immigrants who crossed ir borders, used various means classifying international migrants as 'desirable' or 'undesirable'" (Fahrmeir et ai, 2003:2). The nineteenth century was an age experimentation in control. Democratic revolutions industrialization led greater freedom movement than ever, but also need register national belonging personal identity. The emergence welfare state reinforced distinction between citizens foreigners, (re) birth passport was an inevitable consequence (Torpey, 2003). In retrospect, it is easy see a logical hisrical progression wards present, yet one could also interpret past in terms experiences 'unintended consequences.' Did British colonial authorities seek create multiracial societies in Fiji, Malaya or Caribbean? Did European labor importers consider longterm effects on demographic ethnic com position ir populations? Did U.S. governments foresee an ethnically diverse society? The answer se many similar questions is "obviously not." Does this mean that day's policymakers should be equally oblivious consequences ir decisions? Again, obviously not. That, in turn, leads questions wher democratic states possess: 1) capacity analyze forecast longterm consequences deci policy sions; 2) political ability reach consensus on longterm goals in this field; 3) policy ols achieve se goals in a manner consistent with democracy rule law. I have my doubts on all se counts.

7 The Facrs that Make Unmake Migration Policies 857 FACTORS SHAPING MIGRATION AND MIGRATION POLICY Political concern about 'unwanted' increased in 1960s in Britain, 1970s in Western Europe Australia, a little later in North America. By 1990s, control had shifted from a merely domestic issue become part 'high politics' that is, an aspect "prob lems affecting relations between states, including questions war peace" (Cornelius, Martin Hollifield, 1994:7). Following September 11, 2001, re was much talk 'securitization'. The terrorist attacks may have focused public attention on issue, but perception mi as a gration security issue goes back much furr. Through 1980s 1990s, efforts at control became more intense in developed countries. In addition a range measures by individual states, were attempts made create multilateral or supranational regulation systems. The most important were 1985 Schengen Agreement (implemented in 1995) European Union's (EU) decision on com mon asylum policies through 1997 Amsterdam Treaty (Castles, Loughna Crawley, 2003; Geddes, 2003). Regional initiatives in North America, Latin America, Africa Asia are less developed, but may point significant future developments (Castles Miller, 2003:Ch. 5). Despite se intensive efforts, re is a public perception that mi gration is out control. The fall in number asylum seeker entries Europe in mid1990s appeared at first show success control. But main reason was that EastWest flows were a large passing phenomenon following collapse Soviet Bloc. The subsequent increase in asylum flows Western Europe Australia was widely seen as demonstrating inefficacy control. Similarly, recent U.S. Census suggested that some 9 million aliens live illegally in United States. Do such figures really indicate a ' crisis,' as has been claimed not only by media politicians but also by some academics (Weiner, 1995; Zol berg, 2001), or are y more a result changed perceptions? To underst se issues, it is necessary examine facrs that drive migrary processes. It is impossible include all possible facrs here, so choice is based on a judgment about ir relative importance. Three types will be discussed: Facrs arising from social dynamics migrary process; Facrs linked transnationalism NorthSouth re globalization, lationships; Facrs within political systems

8 858 International Migration Review Facrs Arising from Social Dynamics Migrary Process Two types belief have been particularly influential in policy formation. One is economic belief in market behavior based on neo classical ory, according which move people maximize ir indi vidual utility (usually through higher income), cease move, or return home, if costbenefit equation changes. The second is bureaucratic belief that regulations designed categorize migrants regulate ir admission residence effectively shape aggregate behavior. Toger se two beliefs add up idea that can be turned on f like a tap by appropriate policy settings. An example is belief German policymakers after 1973 that unwanted guestworkers would go away because temporary residence principle built in labor recruitment system because employment opportunities had declined due Oil Crisis. These predictions proved false. Migrants ok a longterm view changed ir behavior, becoming permanent settlers. Should German policymakers really have been surprised? After all, same thing had happened with regard Polish workers in Ruhr industrial region before World War I. France had had a similar expe rience with Polish Italian workers in interwar period. E countries also ten failed underst such tendencies: Turkey Algeria remained wedded an ficial view e as temporary long after trends wards permanent settlement in Germany France had become clear. In all se cases, hisrical memories were overridden by belief that modern administrative were more systems effective than in past. However, main reason was a probably failure see as a social process. This can be summarized in following facrs. Chain networks. Chain was a term used in older literature describe way an initial usually young work ers would be followed by ors from same family or community, sometimes a recreation leading partial home community in new country (Price, 1963). More recently, focus has been on role migrant networks in easing move a new country providing help with work, housing or needs on arrival (Boyd, 1989). Such links provide vital resources for individuals groups may be referred as 'social capital' (Bourdieu Wacquant, 1992:119). The importance 2I am indebted Mark Miller for this point.

9 The Facrs that Make Unmake Migration Policies 859 networks not applies only economic migrants, but also refugees asylum seekers, whose choice route destination is strongly influenced by existing connections (Koser, 1997). Networks also provide basis for processes adaptation community formation. Migrant groups develop ir own social economic infrastructure such as places worship, associations, shops, caf?s, lawyers docrs. Family Community. The family community are crucial in. Research on Asian has shown that decisions are usually made not by individuals but by families. In situations rapid a change, family may decide send one or more members work in anor region or country in order maximize income survival chances (Hugo, 1994). Family linkages ten provide both financial cultural capital (that is, knowledge opportunities means mobility), which make possible. The 'new economics labor ' approach, which emerged in 1980s, emphasized importance family strategies de signed obtain secure employment investment capital manage risk over long periods (Stark, 1991; Taylor, 1987). Position within Lifecycle. In economic usually a young man or woman in search, primary migrant is temporary work ten return home once certain intending savings targets have been reached. The difficulty in achieving such targets leads prolonged stay. This, in turn, encourages family reunion. People start see ir life perspectives in new country. This process is especially linked situation migrants' children: once y go school in new country, learn language, form peer group relationships develop bicultural or transcultural identities, it becomes more more difficult for parents return ir home ls. The Migration Industry. The industry develops out networks. Once a gets needs arise for a underway, variety special services. The industry includes travel agents, lawyers, ers, labor recruiters, brokers, interpreters, housing agents. The agents have an interest in continuation may go on organizing it even when governments try restrict movements, form though may change (for from worker recruitment or example, legal asylum undocumented entry). Facilitating is a major largely legal international business (Salt Clarke, 2000:327). Recently, governments have drawn attention illegal side? industry human bank

10 860 International Migration Review smuggling trafficking have attempted control it through inter national legal police measures. Policies as Opportunity Structures. People lucky enough enjoy a middle class position in developed countries tend have fairly positive views state law. This does not necessarily apply majority world's population, who live in inefficient, corrupt violent states. Most people have learn cope despite state, not because it. From this perspective, rules become just anor barrier be overcome in order survive. Potential migrants do not cancel just because state receiving says are not y welcome especially if labor market tells a different sry. Policies become opportunity structures be compared negotiated. Migrant Agency. All facrs mentioned can be summed up in notion migrant agency: migrants are not isolated individuals who react market stimuli bureaucratic rules, but social beings who seek achieve better outcomes for mselves, ir families ir communities by actively shaping migrary process. Migrary movements, once started, become selfsustaining social processes. It is vital add this sociological anthropological insight structural or institutional models provided by economists, political scientists legal specialists. However, structural facrs are also part migrary process. Both e im countries can become structurally dependent on. Structural Dependence on E. Many lessdeveloped countries have identified labor export as important in reducing unemployment, improving balance payments, securing skills investment capital, stimu lating development. In some cases, export discontent reduction political tension also become goals. Migration can become a substitute for development rar than a contribution it (Castles, 2000). Where gov ernments encourage e, as in Philippines under Marcos, it can become a longterm structural feature economy (Abella, 1993; Saith, 1997). This, in turn, can lead a culture e, in which people may migrate 'because everyone else does so,' rar than on basis very precise goals. This happened in Italy between 1861 about 1970 occurs day in certain regions Mexico, Philippines, China or countries.

11 The Facrs that Make Unmake Migration Policies 861 Structural on Dependence Immigrant Labor. Structural dependence on im migrant labor has been significant in many countries. In 1970s, Western European countries found y could not dispense with migrants despite existence high unemployment, because migrant workers were concen trated in jobs which locals were unable or unwilling do. The U.S. agri cultural secr needs undocumented Mexican workers in order keep pro duction costs low. When Malaysia tried repatriate large numbers Indonesian Filipino workers during Asian financial crisis, plantation employers requested government admit thouss new workers, arguing that U.S.$500 million had been lost in 1997 due labor shortages (Pillai, 1999). Western European governments claim y do not need lowskilled workers, yet carry out privatization mea deregulation sures which have led a burgeoning informal secr (Reyneri, 2001). Facrs Linked Globalization, Transnationalism NorthSouth Relationships International has always been linked trends wards cross border activity was especially marked in early phase accelerated globalization prior However, rapid economic, political, tech nological cultural changes associated with current phase global ization have had important effects on volume, directions character istics. Until recently, United Nations statisticians argued that international migrants only made up about 2 percent world's population that most was intraregional that is, within Africa, Asia or Europe, rar than from South North (Zlotnik, 1999). Recent data from U.N. Population Division makes it necessary revise this view. In 2000, re were 175 million international migrants worldwide (defined as people who had lived outside ir country birth for at least 12 months). The global tal has doubled since Sixty percent migrants now live in developed countries, where one in ten persons is a with migrant, compared one in 70 in developing countries. Migrants make up about 3 percent global population. From , number migrants increased by 21 million persons or 14 percent. The tal net growth ok place in de veloped countries: Europe, North America, Australia, New Zeal Japan an registered increase in migrant sck 23 million, while mi grant population lessdeveloped regions fell by 2 million. Thus, trend

12 862 International Migration Review is wards an acceleration SouthNorth Migration (United Nations Popu lation Division, 2002). The NorthSouth Divide Generates Migration. International borders help maintain inequality (Zolberg, 1989:406). However, most crucial borders are no between longer nationstates, but those between North South that is, between powerful industrial nations (North America, Western Europe, Japan, Australia New Zeal), poorer countries Africa, Asia Latin America.3 In recent years, disparities in income, social conditions, human rights security have increased. Despite some areas rapid growth, or parts South have become disconnected from global economy, leading stagnation conflict (Castells, 1998). Since weak economies weak states generally go ger, people move both escape impoverishment human rights abuse (Duffield, 2001). Such 'multiple motivations' lead a 'asylum nexus,' which makes it hard distinguish clearly between economic migrants refugees. Thus perceived crisis is really a crisis in NorthSouth relations, caused by uneven development gross inequality. Migration control is about NorthSouth relations. Because norrn coun essentially regulating tries are doing ir best? sp with exception highly skilled? movement can ten only take means place through classified as illegal by receiving countries. Globalization Creates Cultural Capital Technical Means Needed for Migration. Globalization essentially means flows across borders flows capital, commodities, ideas people. States welcome first two types, but are suspicious ors. Especially mobility people is regulated differentiated. Bauman argues that, in globalized world, "mobility has become most powerful most coveted stratifying facr." The new global economic political elites are able cross borders at will, while are poor meant at stay home: " riches are global, misery is local" (Bauman, 1998:9, 74). However, also creates globalization strong pressures move. Global media beam idealized images First World lifestyles in poorest villages. Electronic communications facilitate dissemination 3The NorthSouth divide expresses not a geographical configuration, but a political social one. The North also includes areas groups subject social exclusion, while South has elite groups enclaves which enjoy considerable prosperity. There are also important regions groups in intermediate or transitional positions.

13 The Facrs that Make Unmake Migration Policies 863 knowledge routes work opportunities. Longdistance travel has become far cheaper more accessible than in past. Globalization Transforms Character Migration. The cultural tech nological facrs that drive also change its forms. People move farr, leading greater ethnocultural diversity in receiving countries. In past, moved eir with intention migrants permanent settlement or a temporary sojourn in one receiving country. Now it is possible go back forth or move on or countries. For example, research on transmediterranean has revealed careers migrant which lead neir permanent settlement nor permanent return, but rar repeated sojourns varying duration, punctuated by returns country origin (Peraldi, 2001). Similarly, even classical coun tries like Australia now find that temporary entry for work study exceeds permanent settler entry (DIMIA, 2001). At same time, many young Australians discover that a period work abroad is important for pres sional advancement. There is, however, no guarantee that temporary migrants will not become settlers. Indeed, recent are legal changes designed turn Asian students information or technology business studies in permanent settlers (Birrell, 2001). recent Transnational Communities. Globalization leads changes in ways im migrants migrants are incorporated in society {see also Faist, 2004). In past, most were treated eir as permanent settlers, who were be assimi lated, or as temporary who were be sojourners, kept separate from host population through special ( ten discriminary) legal regimes. The experience community formation ethnic mobilization led rise a third? approach multiculturalism? in 1970s. But all se ap proaches were on premised idea that people would focus ir social existence on one at a just society time would refore owe ir alle one nationstate. The new ease giance just movement communi cation has made it possible for many people live ir lives across borders. Transnational communities may be defined as groups based in two or more countries, which engage in recurrent, crossborder enduring significant activities, which may be economic, political, social or cultural (Portes, Guarnizo Lolt, 1999). If mobility across borders is a part a group's economic, social, cultural political life, this provides a powerful moti vation overcome barriers imposed by states.

14 864 International Migration Review National versus Transnational Logic. All above facrs connected with transnationalism can be summarized in statement that globalization state control efforts still follow a national logic, while many forces driving follow a transnational logic {see also Levitt Glick Schiller, 2004 Vervec, 2004). It would be misleading claim that logic or globalization transnationalism has fully superseded national logic. As already noted, only about 3 percent world's are mi population grants, most se probably still see mselves eir as settlers or But sojourners. re is a clear trend wards in transnational be growth havior consciousness. Castells has written that means a globalization change in spatial organization world from 'a space places' a 'space flows' (Castells, 1996:Ch. 6). The new forms mobility transnational behavior fit this logic much better than do state rules. Non Policies. Non policies may be more powerful in shaping SouthNorth movements than explicit policies. Econo mists argue that most effective way encouraging development is through policies designed bring about free trade encourage foreign direct investment (FDI), reby including less developed countries in global economic relationships (Martin Straubhaar, 2002). This is likely lead increased in short run ( ' hump') but should, in long run, lead greater equality reduced pressure for South North (Martin Taylor, 2001:106). Similarly, when authori tarian regimes re collapse, may be a as seize 'refugee hump' people opportunity flee, but, in long run, democratization improved governance are likely lead reduced outflows return exiles (Schmeidl, 2001). The implication is that developedcountry policies on trade, human rights conflict prevention may be crucial in reducing especially flows undocumented workers asylum seekers. However, record developed countries international financial institutions in this area is far from positive. Former World Bank Vice President Stiglitz argues that free market ideologies narrow financial interests have prevailed in International Monetary Fund (IMF), leading policies which exacerbated crises in East Asia, Latin America Russia in 1990s (Stiglitz, 2002). Similarly, World Trade Organiza tion (WTO) is designed freeup world trade by creating a system fair universal rules. Yet developed countries continue subsidize ir own producers. U.S. subsidies cotn farmers so depress world prices that

15 The Facrs that Make Unmake Migration Policies 865 peasant farmers in Africa lose over $350 million a year more than entire U.S. aid budget for se areas (Stiglitz, 2002:269). Some West African farmers are likely abon cotn production emigrate Europe, due hisrical links between countries like Mali France. Oxfam estimates that trade restrictions by rich countries cost develop ing countries around $ 100 billion a year? twice as much as y receive in aid. The EU's Common Agricultural Policy remains a major barrier trade. EU agricultural products are exported at subsidized prices one third lower than production costs, causing considerable in less damage producers developed countries (Oxfam, 2002:11). On a more positive note, EU has built human clauses in its trade rights cooperation agreements since early 1990s (Castles et ai, 2003:3435). Yet trade in oil, diamonds, timber or commodities continues fuel conflicts in Africa Asia. "... arms Spping exports that regimes persecute ir citizens countries engulfed in violent internal conflicts or wars aggression against or countries could be biggest single step wards reducing number asylum seekers" (UNHCR, 2000:22). The United States along with EU countries like United Kingdom, France Germany are among world's arms largest exporters. Overall, it could be argued that Norrn policies in areas trade, international cooperation affairs are causes foreign major very migrary flows that Norrn policies seek control. Facrs within Political Systems The problems policies arise largely from interactions be tween facrs already mentioned political systems states concerned. However, are political systems in complex contradicry mselves. This applies particularly liberaldemocratic receiving states, but countries also face e contradictions, even less democratic states find that control comes receiving up against competing interests. Political Conflicts in E Countries. Structural dependence on labor was export referred above. Some governments have labor encouraged, while ors concluded that, since y could not prevent it, at least some form was regulation desirable (Abella, 1995). Several sending countries have set up special departments manage recruitment protect workers, such as Bureau Bangladesh's Manpower, Employment Training (BMET) India's Office Protecr Emigrants. The

16 866 International Migration Review Philippine government takes an active role in management. Pro spective migrants have register with Philippine Overseas Employment Administration (POEA), while Overseas Workers' Welfare Administra tion (OWWA) has tasks assisting protecting workers abroad. But, as economies become on dependent remittances, it becomes increasingly difficult for governments or effectively regulate protect ir citizens. The result can be political mobilization around idea that inability provide a decent livelihood at home is a major failure state (Aguilar, 1996). This was shown vividly in Philippines in 1995 in case Flor Contemplaci?n, a Filipina domestic worker hanged for murder in Singapore, which became a major focus political conflict (Gonzalez, 1998:67). Interest Conflicts in Im Countries. Interest conflicts in im countries are also linked issue structural dependence. Lobbying by plantation owners in Malaysia during economic crisis was mentioned above. This was part a trend politicization involving many interest groups (Pillai, 1999:182?186). By 1999, gov ernment was under pressure from Producers Malaysian Agricultural Association, construction industry some state governments bring in more workers. The Malaysian Trade Unions Congress opposed labor recruitment due its effects on jobs wages for local workers, while Chinese political groups feared that Indonesian im would alter ethnic balance ir disadvantage. The government party, UMNO, main Islamic opposition party, PAS, both supported Indonesian entries as a potential boost Malay Islamic interests (Jones, 2000). Interest Conflicts Hidden Agendas in Migration Policies. Interest group politics are all more important in Western democracies, where such groups are seen as legitimate acrs in policy formation. Typically, employers (at least in certain secrs) favor recruitment migrant workers, while local workers competing may be Unions are ten ambivalent: opposed. y may wish oppose im in interests local workers, but are reluctant do so, because see y need newcomers. At organize social level, some people may oppose settlement immigrants in ir neighborhoods because y feel it will worsen ir housing conditions amenities, while ors may see im as a source urban renewal a more vibrant cultural mix. Politicians, social movements media all have roles in shaping directing people's reactions {see Freeman, 2004). This pic cannot be explored furr here because it

17 The Facrs that Make Unmake Migration Policies 867 requires detailed analysis varying institutional structures political cultures (BaldwinEdwards Schain, 1994; Hollifield, 2000; Koopmans Statham, 2000). The main point is that state cannot easily decide favor interests one group ors. There are such as Ger ignore examples, man guestworker policy that was overwhelmingly driven by employer inter ests. But more ten, state tries balance competing interests, or at least convince certain groups that ir wishes are considered being (see Hol lifield, 2004). The strength nationalist ethnocentric ideologies in im countries has made it easy mobilize public opinion against im. The mass media have done much create hostility immi grants seekers. In asylum response, sometimes service politicians give lip antiim rheric while actually pursuing policies that lead more im, because it is important for labor market economic objectives. This helps explain frequent hidden agendas in policies that is, policies which purport follow certain objectives while actually doing opposite. The tacit acceptance undocumented labor in many countries despite strong control rheric is an example. The Political Ability Control Migration. The notion hidden agendas could be cast differently as wher state (or political class) really has ability will control. Official rheric stresses desire manage flows, but reality seems contradict this. Why, for instance, did 1986 U.S. Im Reform Control Act (IRCA) lead new streams undocumented workers (Martin Miller, 2000)? Was it because authorities were unable conceive effective control measures, especially employer sanctions? Or was it because y lacked political strength in face strong lobbying by employer groups? Simi larly, one could ask why 2002 U.K. Im Asylum Act failed set up a legal entry system for lowskilled workers, even though need for m in such secrs as catering National Health Service was widely recognized? The reason surely lay in heated polemics Britain's tabloid press against im. In a wider sense, growth undocu mented can be seen as a throughout Europe response neoliberal trends wards labor market deregulation, which have led a weakening inspection systems decline trade unions. Growth casual employment subcontracting has led a rapid growth in informal secr, even in Norrn countries. This is a source European major

18 868 International Migration Review attraction for workers. migrant Thus, undocumented is an indi rect effect state policies which have quite different motivations (Reyneri, 1999). Contradictions within Policy Formation Process. Much above un derlines importance economic social interests way state tries balance se, or at least convince public that it is doing so. This leads such ideas as 'clientelist politics,' according which mi gration policymaking can be dominated by powerful organized interests, such as or agricultural employers construction industry (Freeman, 1995). In a similar way, some Australian scholars believe that re is a 'new class,' consisting apparently a mixture employers leftwing intellectuals, which has succeeded in imposing largescale im on an unwilling public (Betts, 1993). Such critiques ten take on a normative ne, with implication that state is somehow being captured or manipulated, yet surely this is how liberal state is meant function as a mechanism for aggregating negotiating group interests. Of course, in countries where can become immigrants easily citizens, y, o, can a play part in such politics. In any case, as Hollifield has pointed out, such approaches tend portray state as a mere reflection powerful economic interests (Hol lifield, 2000:144146) He argues instead for need take state itself as unit analysis in explaining policy formation processes policy outcomes. This approach is also advocated by Sciortino. He seeks explain "low rationality im policy in relation its declared goals," by focusing on "social structure policymaking" rar than on group interests. Using Luhmann's model sociology political system, he argues that im policy is actually close 'unstable/unable pole' policy, but is generally misundersod as being close 'stable/able pole' represented by labor market or economic policy. This explains how policy could shift from seen as an being economic issue a national identity issue in Europe over last two decades (Sciortino, 2000). However, it is important underst that investigating political economy interests studying political sociology state are not mutually exclusive (as Sciortino seems imply). Both clearly influence policy outputs outcomes. The interaction between two is yet anor facr which makes policy so complex contradicry. The Importance Rights. In his 'liberal state sis,' Hollifield draws atten tion importance rights as a facr limiting ability state

19 The Facrs that Make Unmake Migration Policies 869 manage (Hollifield, 2000). Similarly, Hammar has shown how acquisition rights within receiving states led a form quasi citizenship which he called 'denizenship' (Hammar, 1990). Soysal (1994) has emphasized role international legal norms in improving migrant rights. Constitutional norms concerning protection family role courts in enforcing se helped frustrate government attempts send guestworkers home in 1970s Europe. Today, European Convention on Human Rights is regularly invoked by migrants, ten through appeals European Court Justice. In Japan, constitutional rights strong legal system have been important in improving migrant rights (Kondo, 2001). As longterm immigrants acquire rights employment welfare in liberal states, it becomes harder see m as temporary outsiders in This society. generates strong pressures for social incorporation eventu ally for access citizenship. It seems that inherent facrs in liberal state lead settlement, integration even multiculturalism in run long (Baub?ck, 1996; Castles Davidson, 2000). The Importance Civil Society. Apart from legal constraints, re has always been an additional facr: civil or society nongovernmental organi zations (NGOs). In most im countries, movements have emerged campaign against discrimination racism for rights mi grants. Much motivation has been value rar than interestbased, as although migrants gain rights y have also an played important role through ir own associations. Civil society is also important in countries where political systems are very resistant granting rights immi grants (Castles, 2001). In Malaysia, for instance, a growing number associations support migrants. The trial Irene Fernez, leader women's rights organization Tenaganita, for exposing bad conditions in migrant detention centers, became a major public issue in late 1990s (Jones, 2000). However, in Ocber 2003, Ms. Fernez was sentenced a year in jail "for publishing false news," showing limits civil society action in authoritarian states (Sittamparam, 2003). The Welfare State. Social are an rights important part bundle citizenship rights in liberal states. Some observers suggest that strong welfare states tend wards closure newcomers (Bommes Halfmann, 1998). This is born out by attempts restrict access welfare for recent immi grants in Australia United States. However, welfare state has also been a major facr driving incorporation immigrants. This is because welfare state follows a logic inclusion: failure grant social rights any

20 870 International Migration Review group residents leads social divisions can undermine rights majority. The local state was far ahead national state in providing integration programs in education welfare in Germany. A de fac local multiculturalism was evolving in 1980s, long before it became a policy issue at national level (CohnBendit Schmid, 1993). In Japan, public authorities are gradually including foreign residents even irregular work ers in health, education, employment welfare services (Mori, 1997: ; OECD, 1998:131). LEARNING FROM POLICY FAILURE The central argument this article is not that all, or even most, policies are misguided unsuccessful. It would be equally possible? useful write an article about wellconceived successful I policies. have chosen here focus on policy failures because widespread perception that " gap between goals national im policy... actual results policies in this area (policy outcomes) is wide growing wider in all major industrialized democracies" (emphasis in original) (Cornelius et al., 1994). This crisis national policies is exacer bated by relative absence global governance with regard interna tional, which contrasts with development global rules institutions in or areas economic political relations. Wher one focuses on policy success or policy failure, point is realize that such outcomes are not coincidental, but systemic potentially If we a changeable. possess conceptual framework, which us un helps derst basic dynamics contemporary international s, n it becomes easier underst why certain policy approaches have failed. This, in turn, should assist in working out more successful approaches policy formation. In this section, I briefly summarize some principles for a conceptual framework. I go on discuss ideas for possible improvements in policy approaches. First, contemporary s should be analyzed within context a broad understing as a social process, with its own inherent dynamics. This can be summed up in three principles: impor tance migrant agency; nature selfsustaining migrary processes; trend wards structural dependence both e immi gration become countries on continuation established. processes, once se have

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