scholarly journals Gaining Institutional Permission: Researching Precarious Legal Status in Canada

2021 ◽  
Author(s):  
Judith K. Bernhard ◽  
Julie E. E. Young

Gaining Institutional Permission: Researching Precarious Legal Status in Canada

2019 ◽  
Vol 7 (1) ◽  
pp. 63-89
Author(s):  
Indrė Balčaitė

AbstractThis study probes the relationship between legal precarity and transborder citizenship through the case of the Karen from Myanmar in Thailand. Collected through ethnographic multi-sited fieldwork between 2012 and 2016, interconnected individual life stories evolving across the Myanmar-Thailand border allow the critical interrogation of the political and legal categories of ‘migrancy’, ‘refugeeness’, and ‘citizenship’, teasing out their blurry boundaries in migrants’ experience. Following the recent critical research in legal ethnography, this study demonstrates that legal precarity is not simply an antithesis to citizenship. The social and legal dimensions of citizenship may diverge, creating in-between areas of not-yet-full-citizenship with varying levels of heft (Macklin 2007). The article consists of three parts. First, it offers a theoretical framework to reconcile the Karen legal precarity (even de facto statelessness) and citizenship, even on both sides of the border (legally impossible). Second, it presents the three groups of Karen in Thailand, produced by the interaction of three major waves of Karen eastward migration and tightening Thai citizenship and migration regulations: Thai Karen, refugees, and migrant workers. All three face varying levels of legal precarity of temporary status without full citizenship. However, the last part demonstrates the intertwined nature of those groups. A grassroots transborder perspective reveals the resilience of the Karen networks when pooling together resources of the hubs established on Thai soil by the three waves. Even the most recent arrivals in Thailand use those resources to move from one precarious legal status to another and even to clandestinely obtain citizenship.


Contexts ◽  
2018 ◽  
Vol 17 (2) ◽  
pp. 46-51 ◽  
Author(s):  
Jooyoung Lee ◽  
Sasha Reid

How do serial killers get away with murder? For years, law enforcement, true crime writers, and journalists have portrayed serial killers as criminal masterminds. But, a closer look at serial homicide cases reveals a different story: Serial killers are opportunists who target marginalized and vulnerable populations. Specifically, they target street sex workers, who become “easy prey” because of their precarious legal status.


Refuge ◽  
2007 ◽  
pp. 101-114 ◽  
Author(s):  
Judith K. Bernhard ◽  
Luin Goldring ◽  
Julie Young ◽  
Carolina Berinstein ◽  
Beth Wilson

This study focused on the effects of precarious status on the well-being of fifteen participants with particular attention to their attempts to claim services, their feelings of belonging and sense of social support, and the effects of parents’ status on children. It investigates ways in which the status of one family member can affect the well-being of the entire family. Those who had children reported that the family’s status disadvantaged their children, whether they were Canadian or foreign-born, as parents’ status was used to justify denying children rights to which they are entitled by international, national, and provincial laws. The paper challenges approaches to citizenship and immigration status that fail to consider the implications of legal status for a person’s primary social units and networks.


2021 ◽  
Author(s):  
Judith K. Bernhard ◽  
Luin Goldring ◽  
Julie Young ◽  
Carolina Berinstein ◽  
Beth Wilson

Living with Precarious Legal Status in Canada: Implications for the Well-Being of Children and Families


2021 ◽  
Author(s):  
Judith K. Bernhard ◽  
Luin Goldring ◽  
Julie Young ◽  
Carolina Berinstein ◽  
Beth Wilson

Living with Precarious Legal Status in Canada: Implications for the Well-Being of Children and Families


2021 ◽  
Vol 15 (1) ◽  
Author(s):  
Stephanie M. Koning ◽  
Kaylee Scott ◽  
James H. Conway ◽  
Mari Palta

Abstract Background Human rights violations (HRVs) are common in conflict and displacement contexts. Women are especially vulnerable to HRVs in these contexts, and perinatal health is acutely sensitive to related stressors and health care barriers. However, how HRVs affect immediate and long-term perinatal health in chronic displacement settings has not been closely investigated. Furthermore, it remains unclear whether and how HRVs in these contexts are tied directly to displacement circumstances or other marginalizing factors affecting local migrant and minority populations generally. Methods We investigated these questions using novel survey data from 577 women at the northern Thai-Myanmar border, where thousands of people have fled conflict in Shan State, Myanmar, for refuge in a range of precarious settings in Thailand, including unofficial refugee camps, villages, and worksites. We compared HRV exposures by ethnicity, country of birth, legal documentation, and residential setting. We then analyzed perinatal outcomes associated with HRV frequency, timing, and type. Results Birth in Myanmar, and ethnic minority and precarious legal status more broadly, predicted higher HRV prevalence. HRV frequency significantly predicted unmet antenatal care and lower birth weight, along with HRVs related to labor exploitation and violence or conflict. HRVs timed closer to pregnancies were more adversely associated with perinatal outcomes. Resource/property deprivation was the strongest predictor of pregnancy complications. Conclusions Human rights must be urgently attended to, through expanded HRV screenings and responsive care, and policy changes to further protect migrant workers, displaced persons, and others in precarious legal status situations.


2020 ◽  
Author(s):  
◽  
Caroline Schultz

This dissertation investigates salient policy dilemmas of migration control in liberal democracies, thereby offering novel perspectives on the study of immigration policies in political science and beyond.


2020 ◽  
Vol 119 (820) ◽  
pp. 297-302
Author(s):  
Luisa Feline Freier ◽  
Soledad Castillo Jara ◽  
Marta Luzes

Forced migrants and refugees are affected by the COVID-19 pandemic in different and often more profound ways than local populations. This article examines the multilayered vulnerabilities these groups face due to forced immobility, precarious legal status, loss of income, and risks of eviction due to lockdown measures, as well as forced return migration. It discusses the public health and socioeconomic implications of each of these contexts, providing examples from different world regions, with a focus on South America. A key conclusion is the importance of providing regularization mechanisms for migrants, as well as including migrant and refugee populations in states’ emergency responses.


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