This article seeks to show that liberal law continues to justify and legitimize displacements of minority populations, even in an age of universal human rights. As demonstrated by the Israeli court’s 1988 decision legitimating the deportation of Mubarak Awad, citizenship and immigration laws provide juridical justifications for contemporary ethno-national settler projects. In the aftermath of a territorial conflict that defines or redefines the bounds of the state, racially-marked indigenous populations are vulnerable to being legally recast as “aliens” or “virtual immigrants.” National conflict may thus be transformed by legal formalism into a question of immigration law, allowing the power relations that produce state sovereignty to slip into the background.
"This is an Accepted Manuscript of an article published by Taylor & Francis in Citizenship Studies on October 27, 2010, available online: http://dx.doi.org/10.1080/13621025.2010.506716."
Kawar, Leila, "Legality and [Dis]membership: Removal of Citizenship and the Creation of ‘Virtual Immigrants'" (2010). Political Science Faculty Publications. 3.
Taylor & Francis