Rights and controls in the management of migration: the case of Germany

In May 1999 Germany took a significant step away from its reliance on blood based belonging, revising its nationality law to introduce an element of territory (jus soli) in the designation of citizenship. This paper offers Germany as a case study in the management of migration through a hierarchical system for the granting of rights, and considers the likely impact of the new law on the legal structures of inclusion and exclusion. It is argued that alongside the enhanced recognition of the original guestworker population a set of contradictory pressures now dominate the politics of migration ? the recognition of human rights, the management of the labour market and the protection of welfare resources. These pressures are mediated by the granting and withholding of rights as part of a system of selection, surveillance, deterrence and control which has broader implications for our thinking about citizenship.