Beyond dead-end strategies: European migrant rights lawyering before closing doors
Year: 2026
Type: article
Abstract: This article examines how migrant rights lawyers sustain legal advocacy when previously effective pathways to justice are systematically closed. Focusing on European migrant rights lawyering between 2015 and 2025, it investigates responses to the retrenchment of migrant protections at the European Court of Human Rights, where rights-expanding jurisprudence has increasingly given way to migration-control logics. Drawing on interviews with migrant rights lawyers and documentary analysis, we identify five recurring forms of impasse: adverse judicial rulings, procedural barriers, restrictive European Union asylum reforms, hostile political environments, and unstable funding conditions. The article develops the concept of “dead-end strategies” to describe legal approaches that emerge when traditional pathways to legal victory become structurally blocked. The findings reveal a shift away from precedent-focused litigation toward mitigation-oriented practices emphasizing sustained presence, community engagement, and long-term relationships with highly mobile clients. The article argues that existing theories of legal opportunity structures inadequately explain legal mobilization under conditions of systemic closure. By highlighting the generative potential of profound constraints, we show that shrinking legal opportunities can generate new forms of advocacy. Migrant rights lawyers increasingly reimagine their work as both a means of securing favorable judgments and a practice of remaining present when the doors of the law are closed.
Source: Social & Legal Studies
Authors: Hannah Katz, Itamar Mann
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
Estimated APC paid: $3,650
Funder: Israel Science Foundation
OpenAlex ID: W7223952876