Temporary Legality: Regulating Asylum through Housing and Education in the Swedish Welfare State

· Linköping Studies in Arts and Sciences Book 928 · Linköping University Electronic Press
Ebook
180
Pages

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This thesis examines the shift towards temporary protection for refugees in Sweden since 2016 and its implications for access to permanent residency and family reunification. Situated at the intersection of welfare law and critical border studies, the thesis conceptualises this shift and its implications in terms of ‘temporary legality’: a prevailing condition of asylum marked by legal conditionality and protracted deportability. Drawing on research on borders, racialisation, and neoliberal welfare reforms, it analyses how spatial, temporal, and racial dimensions converge in shaping this condition.

The thesis examines residence-permit requirements tied to housing and education to show how such requirements function as internal borders that are negotiated across and within municipalities, revealing how migration law is enacted through welfare institutions. Methodologically, it adopts a socio-legal lens to trace migration law beyond the Migration Agency and the courts into welfare sites, foregrounding the municipality as a bordering space. The analysis draws on 31 interviews with welfare practitioners, local politicians, and civil society actors, complemented by policy documents, court cases, and press material.

The analysis shows clearly that temporary legality produces a fluctuating space between legality and illegality, delegated to welfare practitioners to regulate. In such a space, municipal discretion, enacted through local policies and everyday practices, contests, cushions, or exacerbates migration law, generating locally differentiated status trajectories for individuals in need of protection. It is within such a condition, the thesis argues, that residence-permit requirements operate as internal borders, producing uneven and racialised access to welfare rights, family reunification, and permanent status. That is, by governing asylum through temporary legality, the Swedish state creates protracted forms of uncertainty and differentiates and dismantles the right to asylum.

This thesis examines the shift towards temporary protection for refugees in Sweden since 2016 and its implications for access to permanent residency and family reunification. Situated at the intersection of welfare law and critical border studies, the thesis conceptualises this shift and its impl...

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