Broken lines of Il/legality and the reproduction of state sovereignty: The impact of visa policies on immigrants to Turkey from Bulgaria

Alternatives

Volumn 34, Issue 2, 2009, Pages 203-227

  Kasli, Zeynep ^a   Parla, Ayse ^a  

^a SABANCI UNIVERSITY   (Turkey)

Author keywords

Bulgaria; Immigration; Sovereignty; Turkey; Visa policy

Indexed keywords

EID: 72149124524     PISSN: 03043754     EISSN: None     Source Type: Journal    
DOI: 10.1177/030437540903400205     Document Type: Article

References (104)

1. The literature on this is vast and hence the references we provide inevitably partial. The guiding principle here has been to select a few key works that have been influential across the disciplines of anthropology, sociology, and political science. Stephen Castles and Alastair Davidson, Citizenship and Migration: Globalisation and the Politics of Belonging (London: Macmillan, 2000) ;
2. Arjun Appadurai, Modernity at Large: Cultural Dimensions of Globalization (Minneapolis: Minnesota Press, 1996) ;
3. Ulf Hannerz, Transnational Connections: Culture, People, Places (London: Routledge, 1996) ;
4. David Held and Anthony McGrew, Globalization/Anti-globalization (Cambridge: Polity Press, 2002) ;
5. Eva Ostergaard-Nielsen, "The Politics of Migrants' Transnational Political Practices", International Migration Review 37, no. 3 (2003): 760-786;
6. Linda Basch, Nina Glick-Schiller, and Cristina Szanton-Blanc, Nations Unbound: Transnational Projects, Postcolonial Predicaments and Deterritorialized Nation-States (Amsterdam: Gordon and Breach, 1994) ;
7. James N. Rosenau, "Illusions of Power and Empire", History and Theory 44, no. 4 (Dec. 2005): 73-87.
8. Zygmunt Bauman, Globalization: The Human Consequences (New York: Columbia University Press, 1998), p. 67.
9. Etienne Balibar, We the People of Europe? Reflections on Transnational Citizenship (Princeton, NJ: Princeton University Press, 2004) ;
10. Michael Mann, "Has Globalization Ended the Rise of the Nation-State?" Review of International Political Economy 4, no. 3 (Autumn 1997): 472-496;
11. Aristede Zolberg, "Matter of State: Theorizing Immigration Policy", in Charles Hirschman, Philip Kasinitz, and Joshua DeWind, eds., Handbook of International Migration: The American Experience (New York: Russell Sage Publications, 1999).
12. Christina Boswell, "Theorizing Migration Policy: Is There a Third Way?" International Migration Review 41, no. 1 (2007): 75-100;
13. Simone A. Browne, "Getting Carded: Border Control and the Politics of Canada's Permanent Resident Card", Citizenship Studies 9, no. 4 (2005): 423-438;
14. Kitty Calavita, "Immigration, Law, and Marginalization in a Global Economy: Notes from Spain." Law and Society Review 3 (1998): 529;
15. Kitty Calavita and Liliana Suarez-Navaz, "Spanish Immigration Law and the Construction of Difference: Citizens and 'Illegals' on Europe's Southern Border", in Richard Warren Perry and Bill Maurer, eds., Globalization Under Construction: Governmentality, Law and Identity (Minneapolis: University of Minnesota Press, 2003) ;
16. Russell King, "Towards a New Map of European Migration", International Journal of Population Geography 8 (2002): 89-106 ;
17. Nathalie Peutz, "Out-laws: Deportees, Desire, and 'The Law International Migration 45, no. 3 (2007): 182-191;
18. Ryoko Yamamoto, "Crossing Boundaries: Legality and the Power of the State in Unauthorized Migration", Sociology Compass 1, no. 1 (2007): 95-110.
19. Calavita, "Immigration, Law, and Marginalization in a Global Economy: Notes from Spain", note 4.
20. King, "Towards a New Map of European Migration", note 4, p. 102.
21. Balibar, We the People of Europe? Reflections on Transnational Citizenship, note 3.
22. Bülent Diken, "From Refugee Camps to Gated Communities: Biopolitics and the End of the City", Citizenship Studies 8, no. 1 (2004): 83-106;
23. Prem Kumar Rajaram and Carl Grundy-Warr, "The Irregular Migrant as Homo Sacer: Migration and Detention in Australia, Malaysia, and Thailand", International Migration 42, no. 1 (2004): 33-64;
24. Mark B. Salter, "The Global Visa Regime and the Political Technologies of the International Self: Borders, Bodies, Biopolitics", Alternatives: Global, Local, Political 31, no. 2 (2006): 167-189;
25. Peutz, "Out-laws: Deportees, Desire, and 'The Law note 4;
26. Miriam Ticktin, "Policing and Humanitarianism in France: Immigration and the Turn to Law as State of Exception", Interventions 7, no. 3 (2005): 347-368.
27. Giorgio Agamben, Homo Sacer: Sovereign Power and Bare Life (Stanford, CA: Stanford University Press, 1998), pp. 128-133.
28. Salter, "Global Visa Regimes", note 8, p. 176.
29. Salter, "Global Visa Regimes", note 8, p. 180.
30. Agamben, Home Sacer, note 9, p. 131.
31. Veena Das and Deborah Poole, "The State and Its Margins: Comparative Ethnographies", in Veena Das and Deborah Poole, eds., Anthropology in the Margins of the State (Santa Fe, NM: School of American Research Press, 2004), p. 19.
32. Calavita, "Immigration, Law, and Marginalization in a Global Economy: Notes From Spain", note 4;
33. Calavita and Suarez-Navaz, "Spanish Immigration Law and the Construction of Difference: Citizens and 'Illegals' on Europe's Southern Border", note 4;
34. Nicholas De Genova, "The Legal Production of Mexican/Migrant 'Illegality Latino Studies 2, no. 2 (July 2004): 160-185;
35. Belkis Kümbetoglu, "Enformellesme Süreçlerinde Genç Göçmen Kadinlar ve Dayanisma Aslari", Folklor/Edebiyat 11, no. 41 (2005): 5-25;
36. Leyla J. Keough, "Mobile Domestics and Trafficking Discourse in the Margins of Europe", Focaa-European Journal of Anthropology 43 (2004): 14-26;
37. Mine Eder, "Moldavyali Yeni Göçmenler: üzerinden Turkiye'de Neoliberal Devled Yeniden Düsünmek", Birikim 108 (2007): 129-142;
38. Sema Erder and Selmin Kaska, Düzensiz Göç ve Kadin Ticareti: Türkiye örnesi (Geneva: International Organization for Migration-UNFPA, 2003).
39. Ahmet Içduygu, "Turkey", in Philippe Fargues, ed., Mediterranean Migration 2005 Report (The European Commission, MEDA Programme: Robert Schuman Center for Advanced Studies, 2005), pp. 327-371;
40. Kemal Kirisci, "Turkey: A Country of Transition from Emigration to Immigration", Mediterranean Politics 12, no. 1 (2007): 91-97.
41. Joanna Apap, Sergio Carrera, and Kemal Kirisci, "Turkey in the European Area of Freedom, Security and Justice", EU-Turkey Working Papers, no. 3 (Brussels: CEPS, 2004) ;
42. Didem Danis, "Integration in Limbo: Iraqi Afghan and Maghrebi Migrants in Istanbul", MireKoç Project, no. 6 (Istanbul: Koç University, 2006).
43. Deniz Yükseker, "Trust and Gender in a Transnational Marketplace: The Public Culture of Laleli, Istanbul", Public Culture 16, no. 1 (2004): 47-65.
44. Ayse Akalin, "Hired as a Caregiver, Demanded as a Housewife: Becoming a Migrant Domestic Worker in Turkey", European Journal of Women's Studies 14, no. 3 (2007): 209-225;
45. Didem Danis, "A Faith that Binds: Iraqi Christian Women on the Domestic Service Ladder of Istanbul", Journal of Ethnic and Migration Studies 33, no. 4 (2007): 601-615;
46. Eder, "Moldavyali YeniGöç-menler üzerinden Türkiye'de Neoliberal Devleti Yeniden Düsünmek", note 15;
47. Selmin Kaska, "The New International Migration and Migrant Women in Turkey: The Case of Moldovan Domestic Workers", MireKoç Project, no. 25 (Istanbul: Koç University, 2006) ;
48. Keough, "Mobile Domestics and Trafficking Discourse in the Margins of Europe", note 14;
49. Kümbetoglu, "Enformellesme Süreçlerinde Genç Göçmen Kadinlar ve Dayanisma Aslari", note 14.
50. Içduygu, "Turkey", note 15. As of 2008, a handful have been able to obtain this permit, pointing to the difficulty, indeed virtual impossibility, of taking advantage of this law in practice.
51. In 2005, there were around 132, 000 foreign nationals with residence permit in the country, nearly 50, 000 from Bulgaria, around 8, 000 from Azerbaijan, 7, 000 from Germany, almost 5, 000 from Iraq, more than 4, 000 from Iran, and another 4, 000 from the Russian Federation. In 2006 there were over 187, 000 foreigners residing in Turkey with residence permits. While 18 percent of them were people with work permits and 13 percent were students, the remaining proportion of foreigners with residence permits were mostly people who are the dependents of working and studying foreigners. For more detailed information see "Table 7: Indicative Number of Migration to Turkey, 1996-2006", by MiroKoç at Koç University, Istanbul, available at: http://www.mirekoc.com/mirekoc-documents/research-andstatistics/ statistical-data/2007/table07.htm
52. These numbers are compiled by Ahmet Içduygu from data obtained from UNHCR Ankara Office (2002-2005). Bureau for Foreigners, Borders, and Asylum at the Directorate of General Security of the Ministry of Interior, (2000-2005). Available at: http://www.mirekoc.com/mirekoc-documents /research-and-statistics/statistical-data/2007/table11.htm
53. The endemic difficulties of obtaining quantative figures for undocumented migration is extensively elaborated in Douglas Massey and Chiarac Capoferro, "Measuring Undocumented Migration", in Alejandro Portes and Josh DeWind, eds., Rethinking Migration: New Theoretical and Empirical Perspecties (New York: Berghan, 2007).
54. Eder, "Moldavyali Yeni Göçmenler üzerinden Turkiye'de Neoliberal Devleti Yeniden Düsünmek", note 14;
55. Kaska, "The New International Migration and Migrant Women in Turkey: The Case of Moldovan Domestic Workers", note 18;
56. Yükseker, "Trust and Gender in a Transnational Marketplace: The Public Culture of Laleli, Istanbul", note 17.
57. Ahmet Içduygu, "Irregular Migration in Turkey", IOM Research Paper Series, no. 12 (Geneva: International Organization for Migration, 2003).
58. Apap et al., "Turkey in the European Area of Freedom, Security and Justice", note 16.
59. This change further encouraged the development of the "suitcase trade", while illegal employment as well as prostitution and security, became the other "questionable aspects" of this "flexible" visa policy. Apap et al., "Turkey in the European Area of Freedom, Security and Justice", note 16;
60. Içduygu, "Irregular Migration in Turkey", note 24;
61. Kirisci, "Turkey: A Country of Transition from Emigration to Immigration", note 15;
62. Keough, "Mobile Domestics and Trafficking Discourse in the Margins of Europe", note 14;
63. Eder, "Moldavyali Yeni Göçmenler üzerinden Turkiye'de Neoliberal Devleti Yeniden Düsünmek", note 14;
64. Erder and Kaska, "Düzensiz Göç ve Kadin Ticareti: Türkiye örnesi", note 14;
65. Gaye Burcu Yildiz, "Foreign Workers in Turkey, Their Rights and Obligations Regulated in Turkish Labour Law", European Journal of Migration and Law 9, no. 2 (2007): 207-227.
66. Kirisci, "Turkey: A Country of Transition from Emigration to Immigration", note 15.
67. For detailed information see Tables 1 and 2 in Kemal Kirisci, "A Friendlier Schengen Visa System as a Tool of 'Soft Power': The Experience of Turkey", European Journal of Migration and Law 7 (2005): 343-367.
68. Apap et al., "Turkey in the European Area of Freedom, Security and Justice", note 16.
69. For detailed information, see the bilateral agreement between Turkish and Bulgarian governments. Available at: http://rega.basbakanlik.gov. tr /eskiler/2007/05/20070509-3.html
70. Kemal Kirisci, "Disaggregating Turkish Citizenship and Immigration Practices", Middle Eastern Studies 36, no. 3 (2000): 1-22;
71. Kirisci, "Turkey: A Country of Transition from Emigration to Immigration", note 15;
72. Turgut Tarhanli, "A Legal Analysis of Court Decisions in Turkey Concerning Refugee, Asylum and Immigration Issues" in BMMYK, ed., Court Decisions in Turkey Concerning Asylum, Refugee and Immigration Issues (Turkey: BMMYK, 2000), pp. 1-37.
73. Apap et al., "Turkey in the European Area of Freedom, Security and Justice", note 16;
74. Kirisci, "Disaggregating Turkish Citizenship and Immigration Practices", note 31;
75. Kirisci, "Turkey: A Country of Transition from Emigration to Immigration", note 15.
76. Soner çasaptay, Islam, Secularism, and Nationalism in Modern Turkey: Who Is a Turk? (London: Routledge, 2003).
77. Apap et al., "Turkey in the European Area of Freedom, Security and Justice", note 16.
78. Ayse Parla, "Longing, Belonging and Locations of Homeland among Turkish Immigrants from Bulgaria", Journal of Southeast European and Black Sea Studies 6, no. 4 (2006): 543-557.
79. Ali Eminov, Turkish and other Muslim minorities in Bulgaria (London: Routledge, 1997) ;
80. Bilal N. Simsir, Bulgaristan Turkleri (Ankara: Bilgi Yayinevi, 1986).
81. Apap et al., "Turkey in the European Area of Freedom, Security and Justice", note 16.
82. Erder and Kaska, "Düzensiz Göç ve Kadin Ticareti: Türkiye örnesi", note 14.
83. For a comparative analysis of the instrumentalization of ethnicity with regard to Turkish immigrants from Bulgaria and from Iraq, see Didem Danis and Ayse Parla, "Nafile Soydaslik: Irak ve Bulgaristan Türkleri örnesinde Göçmen, Dernek ve Devlet", Toplum ve Bilim 114 (2008): 131-158.
84. The MRF underlines, however, that it is not an ethnic party, which is unconstitutional in Bulgaria. The majority of the electorate are those who identify as Turkish.
85. The amount is calculated according to the Indicative Exchange Rates Announced at 15:30 on 09/28/2007 by the Central Bank of Turkey. Available at: http://www.tcmb.gov. tr/
86. The amount is calculated according to the Indicative Exchange Rates Announced at 15:30 on 09/28/2007 by the Central Bank of Turkey. Available at: http://www.tcmb.gov. tr/
87. We would also like to note that during the trip Zeynep Kasli undertook across the border in September 2007, the difference in treatment was striking. While the researcher asked the customs officer about the fines and was able to receive answers, the immigrants who were inspected in detail and with suspicion were not provided with any explanations but were told to pay the fine that the computer automatically issued without further ado.
88. Nevertheless the same strategy did not work the second time around, and she was fined for her last exit, which was after 90 days of overstay. So it is hard to conclude that the difference in treatment is systematic. We might rather claim that airports seem to "catch up" on this later, as it is extremely rare for labor migrants to travel by plane.
89. This informal interview with the general secretary took place in April 5, 2008, in BTSA office in çemberlitas, Istanbul.
90. In an interview on 8 November 2007 with the head of the neighborhood (muhtar) in which the migrant settlements are located, we were shown this circular by the MRF.
91. Calavita and Suarez-Navaz "Spanish Immigration Law and the Construction of Difference: Citizens and "Illegals" on Europe's Southern Border", note 4;
92. Eder, "Moldavyali Yeni Göçmenler üzerinden Turkiye'de Neoliberal Devleti Yeniden Düsünmek", note 14;
93. Yamamoto, "Crossing Boundaries: Legality and the Power of the State in Unauthorized Migration", note 4.
94. The amount is calculated according to the Indicative Exchange Rates Announced at 15:30 on 07/28/2008 by the Central Bank of Turkey. Available at: http://www.tcmb.gov. tr /The fee is much lower, the general secretary insists, than what a regular lawyer would charge. Our informal meeting with the general secretary took place in 26 July 2008 in BTSA office.
95. The general secretary of BTSA states that this citizenship law will change by the year 2010 and the differentiation between "Turkish descent" and "foreigner" will be no longer pursued by the law.
96. Boswell, "Theorizing Migration Policy: Is There a Third Way?" note 4;
97. Browne, "Getting Carded: Border Control and the Politics of Canada's Permanent Resident Card", note 4;
98. Calavita, "Immigration, Law, and Marginalization in a Global Economy: Notes from Spain", note 4;
99. Calavita and Suarez-Navaz "Spanish Immigration Law and the Construction of Difference: Citizens and 'Illegals' on Europe's Southern Border", note 4;
100. Peutz, "Out-laws: Deportees, Desire, and 'The Law note 4;
101. Yamamoto, "Crossing Boundaries: Legality and the Power of the State in Unauthorized Migration", note 4.
102. Basch et al, Nations Unbound: Transnational Projects, Postcolonial Predicaments and Deterritorialized Nation-States, note 1.
103. Ostergaard-Nielsen, "The Politics of Migrants: Transnational Political Practices", note 1.
104. Agamben, Home Sacer, note 9.