It is fundamental that foreign countries concerned about the status, safety, and security of their nationals in the United States must be able to confer and communicate on this subject with one national sovereign, not the 50 separate States. Arizona v. United States, 132 S. Ct. 2492 (2012) This affirmation by Justice Kennedy written for the majority opinion of the US Supreme Court on 25 June 2012 would not have been possible in Europe, at least not for the time being. Construed as an essentially internal policy, part of the area of freedom, security and justice (AFSJ) and closely linked with the abolition of internal borders, EU immigration policy is only developing its external dimension, in sharp contrast to the American construction of immigration as an integral part of foreign relations. Yet, this was not always the case. Originally, immigration was used in and by the EEC to enhance integration (and interdependence) between states through deregulatory concessions on cross-border mobility of economic actors. EC law secured migration-related rights to workers, service providers, and later also service recipients 1 – rights that could be enforced against the state directly in national courts, fuelling bottom-up integration. Enforcement of an agreement
European Journal of Migration and Law – Brill
Published: Jan 1, 2013
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