In her article-based dissertation, Unravelling Unauthorized Migrants’ Legal Consciousness Processes, Mieke Kox provides a comprehensive and empathetic examination of the intricate relationships between unauthorized migrants and the legal systems that govern their lives.1 This work is a significant contribution to the field of crimmigration—a term that captures the intersection of criminal law and immigration law—highlighting the lived experiences of unauthorized migrants in the Netherlands. Legal scholars, particularly those focused on crimmigration, will find Kox’s ethnographic approach and insights invaluable for understanding the often-overlooked human dimensions of immigration law and enforcement.
Kox’s dissertation stands out for its unique ethnographic research, which sheds light on the personal and often harrowing experiences of unauthorized migrants. By documenting these experiences, Kox offers a critical perspective on how legal frameworks and immigration policies impact individuals on a daily basis. This perspective is crucial for legal scholars who aim to develop more humane and effective immigration policies. Kox’s work challenges the reader to consider the moral and ethical implications of current immigration laws and practices, making it an essential read for those engaged in the crimmigration debate.
Kox’s central research question—how the law matters to migrants lacking legal status and what this means for the functioning of the law—is explored through various sub-questions. These include how unauthorized migrants understand the law, how the law manifests in their everyday lives, how they give meaning to it in terms of empirical legitimacy, and how these understandings influence their interactions with the law.
Kox’s findings reveal that unauthorized migrants have a nuanced understanding of the law, often viewing it as a comprehensive system that significantly impacts their lives. This system includes not only formal legal provisions but also the practices and institutions associated with law enforcement and immigration control. The dissertation emphasizes the omnipresence of the law in the lives of unauthorized migrants, who experience it as a multi-layered control system that affects their ability to access basic necessities and rights.
One of the most intriguing aspects of Kox’s research is her examination of the role of humanitarian organizations in the migration control system. Initially established to support unauthorized migrants, these organizations have, over time, become integrated into the broader framework of migration control. This integration has led to a paradoxical situation where humanitarian organizations, while providing essential support, also contribute to the enforcement of restrictive immigration policies. Kox’s analysis highlights the complexities and contradictions inherent in the involvement of these organizations, offering a critical view of how they navigate their dual roles.
Kox delves into unauthorized migrants’ perceptions of the legitimacy of the Dutch immigration system. Her findings suggest that while migrants may recognize the legal validity of restrictive immigration laws, they often question their moral authority. This perceived legitimacy deficit is a crucial factor in shaping migrants’ interactions with the law. Kox’s work underscores the importance of considering migrants’ substantive needs and human rights when evaluating the legitimacy of immigration policies. Her research suggests that policies perceived as unjust by those they affect are less likely to achieve compliance and may even provoke resistance.
A particularly poignant chapter of Kox’s dissertation is her exploration of the “pains of being unauthorized.” Drawing parallels to the pains of imprisonment, she documents the various deprivations faced by unauthorized migrants, including lack of access to health care, secure housing, and social mobility. These deprivations have profound effects on migrants’ physical and mental well-being, reinforcing the punitive nature of migration controls. Kox’s empathetic portrayal of these struggles provides a compelling argument for rethinking the human costs of current immigration policies
Kox also examines how unauthorized migrants’ legal consciousness evolves over time. She identifies two distinct processes: one where migrants initially avoid engagement with the law, hoping to remain unnoticed, and another where they actively seek legalization and engage with legal mechanisms. These processes are influenced by migrants’ proximity to and expectations of the law, as well as their perceptions of its legitimacy. Kox’s longitudinal approach offers valuable insights into the dynamic and fluid nature of legal consciousness among unauthorized migrants.
Mieke Kox’s Unravelling Unauthorized Migrants’ Legal Consciousness Processes is a groundbreaking work that provides a detailed and humanistic view of the impact of immigration law on unauthorized migrants. By highlighting the voices and experiences of these migrants, Kox challenges anyone interested in migration policies and politics to rethink the moral and practical implications of crimmigration. Her dissertation is an essential read for legal scholars, policymakers, and anyone interested in the human dimensions of immigration law. It is a poignant reminder that behind every legal provision and policy decision are real people whose lives are profoundly affected.
- An article-based dissertation consists of a string of scholarly, peer-reviewed, articles, the majority of which have been accepted and/or published by the time the dissertation gets defended.
