In recent years there has been an increasingly systematic integration of immigration controls into a range of institutions. The ability to access healthcare, social housing, benefits and legal aid, to seek employment, open a bank account, obtain a driving license, and rent a property have each been tied to immigration status. This linkage is mediated by more than a binary between legality and illegality. The regulation of mobility through legal frameworks at the European and international level, as well as the domestic, has generated a range of rights – to reside, of abode, to work, to rent – that are shaped by the interaction of multiple statuses – “EEA national”, “asylum seeker”, “habitual resident”, “jobseeker”, “worker”, “self-sufficient person”.
The rights and entitlements of citizens, as well as migrants, are curtailed and impacted by immigration controls. A citizen cannot claim means-tested benefits without proving habitual residence, they cannot marry a non-EEA national without verifying the partnership’s legitimacy in the eyes of the state, and they cannot bring this spouse into the UK without earning over a minimum income threshold. More broadly, citizens cannot avoid immigration controls without first proving that they are not subject to them.
It is important to understand and reflect upon the consequences of these controls. However, it is also important to think about where the responsibility for their implementation lies. As immigration controls are integrated in an increasingly systematic way into the workplace, university, school, hospital, jobcentre, letting agency, registry office and bank they are pushed away from the centralised state and into the community. This entails both a diversification and a shift in the actors compelled to put them into practice on the ground. Last week’s European Court of Justice decision on the Dano v Jobcentre Leipzig case brings this into focus. For the individual who cannot be subject to formal immigration controls but who can be excluded from social benefits if economically inactive, immigration enforcement responsibilities fall not to the immigration officer but to the frontline public service worker.