1 .- The territorial sovereignty vs. immigration.
The devaluation of the sovereignty of nation-states in the migration pressure is concentrated as before we have emphasized in several of his own qualities. So call into question the capacity for independence in the development of law rules of the legislature in matters of immigration, it can condition the configuration and implementation of immigration policies, frustrates the power to control and safeguard the territorial integrity and betrays in implementing the resolutions and the sanctions regime stemming from the administrative and judicial bodies touching individuals or groups of immigrants protected by non-governmental activists and international law.
The territory then in the opinion of Sassen (2001:77). as the individual, become regulatory areas of the state and “sovereignty … and border control as the heart of regulatory effort (either in land access in airports or consulates in the countries source) 1 ‘, because among other obligations governmental power and authority is entrusted, protection of such areas where the border as a dividing element is where the controls are exercised over those who seek to enter it. or being effectively and the same in order to formalize the reasons for their stay.
The above statement is stronger if you look at the imbalance of resources allocated to the implementation of policies under Spanish immigration law as summarized simply to safeguard border and the integration of immigrants, where in contrast to the high budget border control with programs aimed at integration of migrants and staffing of government agencies responsible for immigration.
Given the significant geo-strategic position as Spain has like the rest of the Mediterranean countries that corridor makes the movement of people from south to north. “Demographers estimate that over the next decade five million sub-Saharan Africans and Asians try in Europe” Orrantia (2005), where more evidence surfaced then needs control over the territorial jurisdiction and therefore a subject of analysis to examine, is the scope of sovereignty understood as control of the territory in access of people are concerned, the two sides: the supervisory jurisdiction of the geographical space material and coercive measures to regulate the entry, stay and abandonment.
2 .- Reservation in the territory.
The territory has become the connotation of the geographic point over which humans have the reference of the place of birth, development and construction work of family life. Is that the place is safe as it can also become the target site where you may acquire new links can be given advancement opportunities associated with it.
Since ancient times and regardless of the forms of social organization starting from the most primitive to the birth of the modern state territory is the space that serves as a material in which sits the town, and national institutions are exercised and project all imperium powers held by the State on those that dwell therein.
Another object of acquisition and domination, and everything in it as wealth or advantage, the former stronghold neighbor, the Empire or the current hegemonic power. that is why the territory within the state has another important connotation, as stated and is related to the area or constitute a space in which to preserve order, peace and security and to provide such a sense to citizens, therefore the social structure is required to be supervised and controlled by members assigned to the security and defense functions (or the old warrior class), to the possible intrusion of unwanted strangers from threatening armies. Recently, these considerations have been intense following the attacks of the 1 IS and 11 M, because states have turned to strictly confirm the identities of people trying to get to their geographic domains and ensure that the intentions that have not contrary to the stability or national security.
The problem looming over the territory is that its borders have become permeable, because the mass transit, that move thousands of people in one day from the most diverse origins, putting the authorities in the exercise capacity, coordination and effective use of the instruments, if they want to tightly manage the entry and stay of persons in their territories.
Another feature of the border surrounding the migration destination countries such as Spain and geographically located on the Mediterranean apart from the permeability, is the increasing recklessness in the means used to cross the controls in the case of immigration generally illegal to submit the mafia traffickers are taking risks that are increasing proportionally as state agencies aimed at improving the effectiveness of surveillance and control of more resources to equip themselves to achieve it.
The permeability in the territory is the cause of which states that sovereignty is in the State devaluation by demonstrating clear limitations in implementing broad, independent of its sovereign powers, designed to effectively manage the complex problems there because of concentrated immigration, and also manage multiple stresses that in this border area are generated.
The border becomes the source of anxiety permanent government by increasing public demands of the claimant state’s duty to impose their authority in accordance with legal regulations and restrict the entry of workers who only met by limiting and frame State action towards the political and media support approvable constant justifying the legal requirements demanded national and international humanitarian, and finally permanent deal argument against political parties that are in trying to go ^ oposición4 undermining the credibility of policies migration of the executive ruler.
Sovereignty is classified as impaired or compromised, when powers so classically rooted exclusively in the nucleus of the state, as is the safeguarding territorial own police and / or military has been shared or whether conventional or forced supranacionalizado ie has escaped government sphere and has accepted only where appropriate or requested the intervention of foreign powers, because Spain has become the migratory flow in a “threshold to the EU as a destination … [and therefore] you Spanish policy and Influence on the inmigrants important in Europe due to mix Spain’s position as a corridor for Nothem inmigrants to reach Europe “[1].
Therefore, the wake-up call to international collaboration of the Spanish government sought others mainly European partners have the means and the sending countries to coordinate the actions are based, in being unable to contain the masses want illegal immigrants in its territory (and therefore the European Union), the chances of settlement in any other country are extended on the removal of borders and internal controls that provides greater benefits when it comes to evade police throughout Union, and both supranational institutions at the request of a member, you can help Spain “STI control borders and not to be the weak southern flank of Forstress Europe” [2]. in response to requests that are ultimately aimed at developing the principles of solidarity and collaboration, as the interest the other European members.
“For Spain this is a disproportionate obligation, given the continuing and growing traffic of people in this southern border of the European continent” [3] and that is why efforts to effectively manage the shares borders are always oriented in the two main directions and on which all efforts fall state control
A) The first of these is aimed at geographically delimited space patrolling by the security forces (police, civil guard, rescue at sea, army, etc..) Since immigration has largely consummated at the junction and subsequent establishment in another space that belongs to a jurisdiction other than the individual moves.
The major problem posed by mass immigration countries with ample land, is that logistics and material are limited in their ability to monitor and manage their borders, because the levels of traffic of people are getting higher and if it is some border controls have mejorado41 ‘and perfected over time, the allocation to the legal authorities of the budgetary and technological upgrading or intergovernmental cooperation, the fact remains by demonstrating that contrary to the reality of being loved in the plans designed.
Just look at the growing stock of irregular migrants in very short periods emerging from the implementation of the processes of “normalization” or “adjustments”. the frequent arrival of “boat people” from Africa, or the thousands of tourists go undercover at the airports, are clear signs of this.
The Spanish government showing overflow as a result of the latest waves of immigrants to the Canary Islands has requested the implementation of joint action to preserve its sovereignty with nine other European Union countries for the first time putting up the plan of the European Borders (FRONTEX) to patrol the areas and routes used by illegal immigration which enters from the south to Europe [4]. Demonstrating the continued increase in budget and staffing of the devices and monitoring tools in the development of a policy of containment, with the staging of the operational capacity of five helicopters, five patrol and reconnaissance aircraft in perfect coordination commanded by the art technology for detection, reconnaissance and communications. The military-police activity is also very evident in the fence that separates Morocco from Spain, where the improvements include “adding 3 new fences, higher cough of control, more lighting and closed-circuit television Further fortifications are” [5].
The continuous strengthening of border control generates a paradoxical situation with often fatal outcomes, because as the control intensifies and becomes tight, people try to avoid choosing routes and methods that seriously risk physical integrity of them, what captures their attention dramatic elements from all sectors for the protection and safeguarding of human life. For example in the report UN rights commission whose rapporteur defends the thesis of “border control per se does not ensure an orderly and dignified migration management”?, And formally elevated to the international body that moral complaint and all known to have deadly consequences of clandestine boats trips to Europe.
Strengthening the police or military control of the borders from growth of prices and conditions required by the business mafias that have the entry of foreigners into the territory irregularly, evidently by the growing risk of being discovered by government institutions , with a contingent of immigrants increasingly vulnerable and dependent on these criminal organizations have promised to introduce the agreed destination, and that does not “released” until paid in semi-slavery conditions for debts incurred by the transfer, that will be payable by the victims themselves or their family well in the country of origin, avoiding any jurisdiction or involvement of the host country.
The authorities’ efforts to stem migration flows not only culminates at sea or in airports, because the moment they have been effective supervisory mechanisms triggered by the authorities, individuals involved in the border itself can at least theoretically benefit in the presence of the same authorities or some humanitarian organization and focused by the media in the case of passage of the Strait, the legal regimes of international law on asylum, refugee status or from what the law itself Aliens, allowing them to legally access and protection measures under which the agencies will have to admit liability in case of processing from different files, and then if you run different routes of return, return, hospitalization, so that might arise.
B) The second measure of access control and stay in the territory are the administrative cut filters set in the legislation on immigration, which are conducted by consular offices and embassies on behalf of Spain outside its borders, which process applications that motivate the journey to the Spanish territory that spans the fulfillment of the parameters and bureaucratic requirements established by law and we have studied in the previous chapter.
It means that the effort to control migration flows has been largely decentralized to reach even beyond the national territory, advocating for compliance with the law flows from the same country of origin. We proceed to examine aliens as are the various activities and status intending to establish themselves in the host country (students, workers, tourists), which fulfilled the Green Card Lottery administrative procedures designed to verify the identity, good citizen behavior, and health aspects are naturally related to recruitment and conditions of the job, visas are issued corresponding to reaching the border checkpoint and can finally bring to the attention of immigration officials and foreigners the various exhibits and will be allowed the entering the country.
The Administration of the previous Otherwise, try also to compel or deter those who have actually already reached Spanish territory and are therefore living and working in an irregular situation, to give it up, denying the documentation that proves to be the bearer of all rights scheme residents and workers, through exercising the expulsions (in most cases only becomes effective at the border itself, since then the country it is very difficult for the authorities for the arduous, costly and cumbersome process of managing such returns) or by undertaking strong sanctions on employers who hire illegal labor, while in Spain they can oscillate if the offense is very serious in the record penalties between 6001 to 60,000 euros in fines, or simply denying access to certain benefits as basic for the normal development of personality.
Also encouraged to leave the territory through voluntary return programs in which some NGOs with government budget funded the return of migrants and their families bear the cost of travel and also provides a modest cash prize money, with the promise of not to be punished with a ban on entry to Spain (and the Schengen area) and the possibility of return provided it meets the requirements.
Measures seek to crush all resistance to a permanent establishment outside the law, which have not been without controversy due to, reviews and constant complaints from the various sectors of national life, and where no successes to counter are encouraging. It is very difficult to crumble a consolidated structure methods and administrative practices of coercion, unless there is substantive legislative reform both substantive and adjective. The dialectic and relationships can not be established in terms of a struggle and constant tension, with obvious imbalance between the parties, we face a claim by side with all the means of the institutional apparatus of claim seeking compliance with the standard and interests State and the other legal and moral recognition of the contribution of immigration as a source that helps progress desired by all.
Hence the role of host societies as the strengths of the relationship have to start the journey toward maturity and self drive change those patterns sociological and political leaders to their government demanding a paradigm shift to address migration not a problem to be solved with the formula of the restriction, but as an opportunity to transform the root causes strong and drive the global diasporas as a result of inequalities between peoples, environmental instability or armed conflict.
3.-The Nationality and / or citizenship
Nationality as the legal relationship – political unites the person with a nation, and under which the State is the guarantor of the owner of all the privileges and guarantees emanating from the legal order, in exchange for loyalty to the established order by nationals, is thus one of the institutions of public law more strategic to any State where the individual title he becomes a reason of birth on the floor, blood inheritance or grant by an administrative act, creating no less that individualized bond leading to both the citizen and the state as the real holders of rights and reciprocal obligations.
Traditionally national status regarding the status distinguished foreigner, because it meant that membership in the political community is on the faculty of the State of enforcement privileges that such a condition, such as access to justice, health or education, etc.. inversely as the State’s power to impose the assumption of obligations such as national defense or classical taxation solidarity contribution in the form of public spending.
Citizenship aims to identify the subjects as belonging to the same territorial political entity whose mission is also supported legitimize the demonstration of the conglomerate as having shared loyalties, common values and culture, while affinities intertwined role of the construction historical, and architects of the institutional and regulatory structures, which presumably has submitted car conventionally through the social contract and from which in turn have set criteria that included the likes of the holders of the same condition.
For those not defined as part of the national collective, have been developed in the host societies almost different categories of citizenship in which we find from asylees, refugees, economic migrants and illegal immigrants, as a legal category that pivot on the relations duties and rights of the jurisdiction of state and vice versa.
Thus the nationality does not operate only as a binding element of the individual to a given political community, but corresponds to an effective mechanism for inclusion or exclusion to full membership of the state, according to their interests where these criteria may take more conducive to the development policies on immigration and nationality.
“Some countries highly difficult for immigrants to become citizens, while others grant citizenship in exchange for cultural assimilation, and a third group enables immigrants to
become citizens while retaining their specific cultural identities “[6].
For example, the granting of Spanish citizenship is arguably becoming less formal or inclusive to the case of Latin Americans as it may apply under the assumption of legal and continuous residence of two years (since for the rest of the foreigners is ten years) since the origin of these citizens whose countries have strong and undeniable historical ties with Spain, common language, same religion, which in principle could lead to faster social integration. Also motivated by the Spanish respect the principle of reciprocity which in turn also exert Latin American countries to grant citizenship even legal cases Constitucional5 preferred range “1 to the Spanish resident and their willingness to access that particular nationality, without even having to renounce the original nationality.
Some authors such as Jacobson (1997:125) and Sassen (2001:103) argue that immigrants are increasingly indifferent to get on the ground that legal residence almost homologous in their aspirations and compared with the national law regarding the treatment received from the State . This in our view is a partial truth, starting because it is a general statement and you should take the particular State and review the terms of granting citizenship and the benefits that behavior be obtained or not. analyzing the legal rules altogether.
If also taking Doubled current trends in immigration receiving countries see that “the Changes include the French immigration and citizenship Laws of 1993. Proposition of the State of California, 1996 U.S. Immigration and Legislation or citizenship. Indeed. Este Seems to recent Legislation Indicate a reassertion of national Sovereignty and, particularly, to Renewed Recognition of the Importance of citizenship “^. prospects look bleak for the generation of a sufficient invocation of universal standards of human rights as a preferred and effective law over domestic law and the sovereign authority of the State to establish them. Progress in the implementation and effectiveness of international law of human rights is insufficient to be considered that immigrants do not want access to citizenship for equal treatment.
If indeed there was a clear and growing equality of rights between domestic and foreign residence for an effective exercise for universal human rights would be more lax states the conditions for granting nationality or citizenship since its domestic law would had to yield to the prevailing international system and would not be for the state and its recipient the privilege of being a national or not.
Resident status in the case of Spain, the Constitution according to Article 13.1 equates to the Spanish to foreigners only “in the terms established by treaties and the law” that is, not equal rights sensu lato with the Spanish, as there are many legal restrictions associated with this condition (without even talking of immigrants without legal status), as compared to the instability of legal residence and work permits short-term fall off, the restrictions that surround the work activities employed in certain sectors and geographical areas, lack of political participation in terms of access to certain magistrates of representation
55 Grosby. Stevcn (1997): The Decline of the Nation State?, Sociological l; orum. Vol 12. N ° 2. p. 332.
which is dedicated exclusively to nationals by birth, the performance of work activities as a competitive path requires the nationality requirement, or the endless red tape to get rid of the immigration matters become more cumbersome and slow to conexionar the jurisdictions of two or more countries, and foreigners in their applications to the administrative organs of the host country must comply with constant requests for certified statements, and recognition of legal situations, and so to be granted in advance by the authorities of the countries of origin .
Immigrants do not agree to apply as briefly as possible because at first nationality are requests that are left to the absolute discretion of the State and against whose decisions there is no recourse, where the preconditions for the application are consolidated over time As a general rule in Spain requires ten years of legal residence (which could be extended in time if the common preceding irregular periods), is a sick waiting room where Latin Americans are fortunate to be less than the time for them (at least two years residence) and consequently lead the statistics in the acquisition of Spanish citizenship as demonstrated by the Yearbook are 24,264 new Inmigración6 Spanish when compared with 9991 are African, or European Community are only 1163.
Some countries have already begun to tighten the conditions of access to citizenship requirements increase in complexity, such as the presentation of tests which record levels of integration that has the applicant as in the case of the UK where the “test” requires demonstrate loyalty to the British forms of questions concerning culture, idiosyncrasies, history, lifestyles of those who claim to be subjects to the English Crown, just as Germany has introduced similar lifeless, and Spain in the future may also be required the applicant to confirm their Spanish which is intended to be a carrier.
Ministry of Labour and Social Affairs. Secretary of State for Immigration and Emigration. Permanent Immigration Observatory (2004): Immigration Statistical Yearbook 2004. In http:/A \ \ v \ v.mari.es, p. 564.
What else seems to be undermining the status of citizen direct access to that condition you have, is the marriage of foreigners with natives, as the national law can not restrict ‘as easily as it does to foreigners in other legal areas. The numbers of mixed marriages taking place in Spain is increasing which will also have the birthdays happening of such unions, the state will emerge to susceptible individuals after a year of marital relationship, the right to claim no opposition to legal recognition provides for the granting of nationality by marriage effect.
As the laws of immigration and foreigners, following the loss of sovereign independence in the process of drafting the laws that have experienced the nation – state, either because their lawmakers are under pressure from unions, businesses, minorities organizations and NGOs, or simply because they have moved these competences to supranational institutions, is then at the national and / or citizenship has become one of the last bastions where states exercise their powers of exclusion and are therefore reluctant to leave. Recall that the sharing of competences between the EU and its member countries, the nationality has been reserved as exclusive state, on the sensitivity that implies, and has become Ferrajoli view (1996:178): “In the last personal privilege, the last factor of discrimination and the last relic of the pre-modern status differentiations, as such, opposes the acclaimed universality and equality of human rights. ”
The near equality of the alien against a citizen or national is a logical demand of these groups, but its size is not limited to a situation merely entitled, but the legal-administrative recognition has been reluctant to grant at the outset, also claims moral attention also has been absent, because the rights of immigrants become
57 “You can not restrict so easily,” he says, because the exercise of this right has begun to be monitored not without resistance of the contracting parties, as judges, prosecutors and officials in civil law, have begun to exercise research and monitoring functions of the procedures for conjugale links, in order to prevent one of the intending spouses use this pathway in fraud against the law to achieve normal or administrative regulation or unjust enrichment.
at the end of a process within which they have had to endure and overcome both exclusion and social marginalization, given indifferent laws and administrative practices of recipient countries.
