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Migration Policies beyond Discretionary Power: Towards a Relational Approach of Implementation Studies

Policy
Methodology
TOU012
Andrew Crosby
Université catholique de Louvain
Federica Infantino
European University Institute

Building: D, Floor: 3, Room: MD306

Tuesday 09:30 - 17:00 CEST (25/04/2023)

Wednesday 09:45 - 17:00 CEST (26/04/2023)

Thursday 11:00 - 17:00 CEST (27/04/2023)

This Workshop aims to bring a relational approach to the study of the implementation of migration policies. In recent years, scholarship in migration studies has increasingly focused on implementation practices. Some scholars have engaged critically with the street-level bureaucracy approach (Lipsky 1980) focused on state actors (Infantino & Sredanovic 2022; Pratt & Sossin 2009; Jordan, Stråth & Tryandafillidou 2003), illustrating how discretionary practices do not merely arise from organisational constraints, but also from actors’ reactions to, and anticipations of, rules and of other actors, as well as emulation and mutual influence. They have shown, for example, how migration officers whose decisions are exposed to appeal procedures pay attention to and anticipate court rulings (Alpes & Spire 2014; Mascia 2021), how border guards partly act on the basis of trust of other instances of the network-border (Crosby & Rea 2016), or how visa officers from different countries informally learn from each other and share practices in what Infantino (2019) has called a ‘community of practice’. In short, they have shown how state practices are situated within a wider continuum of practices that influence each other, albeit indirectly and to different degrees. Hence, as argued by Darling (2022) discretionary power is structured by (and structures) power relations since it implies various forms of negotiations, and thus strategies, between multiple intervening actors with different degrees of power. Furthermore, a growing literature on non-state actors has illustrated how they too contribute (albeit to different degrees) to the final result of migration policies, and as such have to be considered implementing actors sensu lato. Infantino found that outsourcing parts of the migration policy implementation turns private actors into street-level organisations resulting in greater distance between applicant migrants and the final administrative decisions (Infantino 2016). Other scholars have looked at how the relation between private economic actors and policy-makers has led to the emergence of a migration industry (Gammeltoft-Hansen & Sørensen 2013; Anderssen 2016) and a market for border security (Baird 2018), which shape migration policies in practice. Next to economic actors, the literature has also pointed out the role of international organisations (Pécoud & Geiger 2011), NGOs (Lopez-Sala & Godeneau 2022), ordinary citizens (Lemaire 2021), as well as the migrants who are targeted by restrictive policies themselves (Darley 2009, Maâ 2022) in the facilitation or restriction of international migrations. Against this background, this Workshop proposes to investigate relational approaches to analyse the practices of implementing (state or non-state) actors and to engage critically with the notion of discretionary power. Although the literature has shown that migration policies are increasingly implemented by diverse actors, there has been little study of the relations between these actors. The Workshop intends to fill this gap.

This Workshop aims to attract Papers from junior and senior scholars who work on migration policies with a focus on actors’ practices. We invite contributions that examine cases from the global South and/or the global North, and which cover policy areas such as (but not limited to):  deportation  detention  visa policies  resettlement  family reunification  integration policies. Given the diversity of relational approaches, we are not limiting our Workshop to one policy area. Rather, we invite scholars who think relationally, whether influenced by Foucault’s relational approach of power, Crossley’s relational sociology, Bourdieu’s field theory, or Massey’s relational approach to space. We welcome contributions that apply qualitative methods, as well as qualitative statistical approaches such as multiple correspondence analysis or qualitative comparative analysis. Considering how the practices of state and non-state actors are situated in a continuum, we welcome Papers which: 1. Explore relational approaches to analyse the ways in which actors:  incorporate and/or resist existing (legal and social) norms (which ones?)  anticipate and/or react to the actions of other actors  try to influence other actors or are influenced by them 2. Attempt to describe this continuum of practices. In particular we welcome analyses that map the various relations of power to understand how this asymmetry leads to differential outcomes of policy implementation. 3. Critically engage with, redefine or question the notion of ‘discretionary power’ beyond the setting of street-level bureaucracy. In fact, if policy is implemented by such a wide variety of actors such that discretion always implies negotiation, influence and strategy, what analytical strength does the notion of ‘discretion’ still have? 4. Reflect on the theoretical, epistemological and methodological implications of relational approaches in conducting research. In fact, from a reflexive epistemological perspective, what impact do relational approaches have on our research design, methods and research questions? The aim of this Workshop is to provide a collaborative setting in which participants reflect on interdependency, power relations, struggles and negotiations between the various venues of policy-making in migration and border control policy areas, and consider how these dynamics shape the implementation. Papers discussed during this Workshop will form part of a proposal for a journal special issue.

Title Details
Border Bureaucracies: A Literature Review of Discretion in Migration Control View Paper Details
‘Finding common ground’? Transnational spaces of negotiation, co-production and resistance in deportation practices and norms in Europe View Paper Details
The Impact of Safe Third Country Policies on the Human Rights of Asylum Seekers: an Analysis of Actors’ Practices View Paper Details
Beyond discretion – the implementation of immigration detention policy from the perspective of collective decision-making View Paper Details
Turning gatekeeping into resistance: power struggels surrounding healthcare access of undocumented migrants in Belgium View Paper Details
The Getting and Granting of Citizenship: Examining the Inequalities of Naturalization Policy Implementation involving Discretion View Paper Details
The relational dimension of decision-making process: how local civil servants follow suggestions. View Paper Details
To recognize or to moralize : the influence of politicization of social workers and volunteers in the treatment of migrants View Paper Details
The Relocation of Refugees in the EU: a Relational Approach View Paper Details
Discretion under competition: Exploring the visa marketing and visa dumping practices of Schengen consulates in China View Paper Details
Linguistic bordering in Sweden: Actors, Everyday Politics, and Resistance View Paper Details
Putting Relational Power in the Implementation of Migration Policy : the Discretionary decisions of Railway Workers at the French-Italian Border View Paper Details
Migrant Returnees as Migration Managers? Outward migration and street-level bureaucracy in Senegal View Paper Details
Law Enforcement Agents in European Borders. From relational implementation to international interdependence in migration management. View Paper Details