ABSTRACT

This chapter demonstrates in miniature the new twists that have appeared in the old coupling of nation and migration in the era of globalization. It outlines the relationship between migration law and nation that is shifting in the era of globalization. The chapter considers what aspects of the globalizing phenomenon are most important in turning illegal into an identity category. The significant debates within this theory include whether globalization is a new phenomenon, whether it is inevitable, whether it is liberal and whether it heralds the end of the nation stat. era. The chapter offers some insight into both how the nation-state is responding to globalization and to unearthing the liberal nature of at least some of globalization's aspects of illegal migration. In the present state of international law, the importance of making people illegal in this way is most problematic for refugees. The legal category and legal identity of refugees is subsumed by that of illegals.