Introducing ‘unwanted’ noncitizens

‘Unwanted’ noncitizens here refers to those noncitizens with whom a State or States would rather have no relationship at all. This chapter considers in particular the situation for irregular migrants and stateless persons within a State built on liberal democratic principles. While the contexts for those defined in these two ways are different, both can be characterised by State non-recognition of its relationship with individuals, putting them at risk of extreme vulnerability with regard to core capabilities. There are other commonalities. For example, many stateless persons in fact lack travel documents. If such individuals want to travel internationally, they must do so irregularly. Conversely, irregular migrants or their children may end up effectively or formally stateless, or at risk of state-lessness, because of lost documents or difficulties with birth registration, for example. ¹ This chapter focuses largely on ‘unwanted’ noncitizens in situ. This is because in these cases, the nature of the individual-State relationship is particularly easy to uncover. There is much discussion here of their vulnerability, but irregular immigrants and stateless persons should not only or even primarily be seen as vulnerable. They are active agents (albeit constrained) who are potentially challenging a State and the State system.