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Paper chains: tied visas, migration policies, and legal coercion

Niezna, Maayan (2022) Paper chains: tied visas, migration policies, and legal coercion. Journal of Law and Society, . ISSN 1467-6478. E-ISSN 1467-6478. (doi:10.1111/jols.12366) (KAR id:95141)

Abstract

‘Tied visa’ regimes are labour migration policies that condition migrants’ visas on employment with a particular employer, thus restricting their access to the labour market. This article considers how, under such regimes, control by the state shapes control by employers, and investigates the resemblance between official migration control policies and private means of control and coercion, amounting to forced labour and trafficking. The discussion includes the theoretical analysis and empirical consideration of a case study: the Israeli tied visa regime, regulating migrant workers and Palestinian workers. The consideration of two groups of non-citizen workers, subject to different but related regimes, enables a novel analysis of the coercive impact of common labour migration policies, and of the justifications offered for such policies. The Israeli Supreme Court demonstrated some commitment to constitutional principles protecting non-citizens, but later withdrew from these principles and justified tied visas on the grounds that they serve the perceived public interest.

Item Type: Article
DOI/Identification number: 10.1111/jols.12366
Uncontrolled keywords: Labour migration, forced labour, Israel, Palestine, labour law, human rights
Subjects: J Political Science > JV Colonies and colonization. Emigration and immigration. International migration
J Political Science > JX International law
K Law
Divisions: Divisions > Division for the Study of Law, Society and Social Justice > Kent Law School
Funders: European Research Council (https://ror.org/0472cxd90)
Depositing User: Maayan Niezna
Date Deposited: 22 May 2022 07:23 UTC
Last Modified: 15 Nov 2022 12:27 UTC
Resource URI: https://kar.kent.ac.uk/id/eprint/95141 (The current URI for this page, for reference purposes)

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