Work

Changing tracks in the map of migration and asylum law: an analysis of (im)mobility across multiple legal statuses within the ‘transit migration’ phenomenon

Year: 2026

Type: article

Abstract: This article takes as its empirical reference the phenomenon of ‘migration in transit’, which gained relevance in 2018 with the arrival of thousands of migrants, mainly from Africa, on the southern coast of Spain, bound for other European countries. Based on a series of specific cases of irregular migrants, asylum seekers, unaccompanied minors or those at risk of statelessness involved in this phenomenon, I have attempted to trace their ‘legal routes’ and their determining factors (regulatory assumptions, legal documents, time frames, etc.) as if they were movements across the map of migration and asylum law. I conclude that, similar to geographical (im)mobility, although these legal itineraries are largely constructed on the basis of the legal provisions (requirements, deadlines, bureaucracy, etc.) set out in immigration and asylum regulations, there are also elements of social practice, such as legal advice, solidarity or social perceptions, which facilitate the transition between legal statuses.

Source: International Journal of Law in Context

DOI: 10.1017/s1744552326100585

Author: Iker Barbero

Institution: University of the Basque Country

Language: English

Topic: Gender and Women's Rights

Subfield: Political Science and International Relations

Field: Social Sciences

Domain: Social Sciences

SDGs: Peace, justice, and strong institutions, Sustainable cities and communities

Open Access status: hybrid

Estimated APC paid: $3,550