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47 Yale J. Int'l L. Online 1 (2022)

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Symposium


Managing Mixed Migration

     The  term mixed migration is typically used to describe the cross-border
movements   of people who are prima facie refugees and people who move for
economic  reasons. But the term also characterizes many individual migrants'
mixed  rationales for leaving home: It is possible to migrate both to escape
persecution and to seek opportunity, and, indeed, vast numbers of people have
done just that. In recent years, governments around the world have seized upon
migration's mixed character to justify restrictive responses to new arrivals, to
appeal to domestic constituencies, and to incentivize cooperation with foreign
partners.
     There  is no shortage of contemporary  examples. The  displacement of
Ukrainians to the rest of Europe in 2022; the reported instrumentalization of Iraqi
migrants by Belarus in 2021; and the repeated caravans of migrants leaving
Central America  for the United States in 2018 are just a few of the mobility
events that have defined the contemporary era. Taken together, these events have
demonstrated  the wide  range  of public and  governmental  perceptions of
migration's mixed character.
     The  essays collected in this Symposium  survey the law, politics, and
history of mixed migration. They reveal how states have interpretated the term
and showcase  the promise and perils of migrant categorization. Above all, they
tell a story about how governments rely on the mixed character of migrant flows
and  the mixed  motives of people  on  the move  to draw  categories, force
emigration, and constrain immigration.
     The  Symposium   begins with two essays that grapple with the economic
rights of asylum seekers and refugees, exploring how the categories of refugee
and economic  migrant have  complicated asylum seekers' right to work. In
Refugees as Workers, Jaya Ramji-Nogales argues that several provisions of the
1951  Convention Relating to the Status of Refugees conceptualize refugees as
laborers, in contrast to the prevailing consensus. In Impoverishing Asylum,
Zachary Manfredi explores how a recent U.S. regulatory regime restricts asylum-
seekers' access to work   authorization, departing from international law's
recognition of asylum-seekers as bearers of social and economic rights.
     Two  subsequent essays address the strategies that states use to externalize
migration control and, when asylum seekers reach state territory, the measures
that governments take to avoid categorizing noncitizens as refugees. As Craig
Damian   Smith  argues in Visa Policies, Migration Controls, and  Mobility
Aspirations, recent global regimes  of  closure have  foreclosed regular
migration, frustrated people's mobility aspirations, and encouraged new mixed
flows. When   noncitizens arrive on a state's territory, the state is left to
distinguish between those deemed deserving of entry and those deemed outside

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