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Global Health Econ Sustain                                           Latin American Liberal migration policies



            and Australia — shifted from permissive or liberalized   These discourses, policies, and laws have been coined
            immigration policies to more control-oriented, restrictive   as the “liberal tide,” a term akin to the title of a book edited
            policies  (Vollmer, 1992). The shift  was accompanied by   by Cantor et al. in 2015.  We posit that this definition does
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            political rhetoric that increasingly linked migration to   capture the contextual essence, although with problematic
            the destabilization of public order and the weakening of   nuances, given the same essence of liberalism, built on the
            societal homogeneity (Doty, 1996). Since 2000, marked   centrality of basic individual rights, private property, and
            by the rise of terrorism at the world level, this restrictive   representative government, which derives largely from
            trend has been reinforced through a shift toward security   the classical liberal theories of John Locke and Thomas
            issues (Huysmans, 2000). The criminalization of migrants   Hobbes (Doyle, 2008). Moreover, the Latin American
            has justified the focus on border control, which has been   “liberal tide” has been propelled by the leftist governments
            placed at the core of political discourses and debates among   that were predominant in the region from the late 1990s
            politicians both in Europe and the USA. Notable instances   until at least 2010 — a period referred to as the “pink tide.”
            include Donald Trump’s electoral campaign in 2015 and   It is important to note that a considerable proportion of
            2016, as well as the persistent challenges associated with   these governments were not all “liberal.”
            the Mediterranean border for the European Union.     The “pink tide” governments can be divided between the
              The heated debate surrounding borders, such as the   “liberal left” and the “state interventionist” left (Weyland et
            Mexico-USA wall and Frontex patrols in the Mediterranean,   al., 2010; Levitsky & Roberts, 2012). Both groups expressed
            presents a paradox in times of increasing globalization.   intense criticism of the dominant economic model known
            In fact, Hollifield (2004) speaks of the “liberal paradox”   as “neo-liberalism,” which had gained prominence in
            between free circulation of ideas, trade, and finance on the   the late 1980s and early 1990s. Starting in 1998, most
            one hand and limits imposed on the movement of people   Latin American countries encountered serious economic
            on the other hand: “Migration is (…) at the core of what   problems, which provoked a critical view of neoliberalism
            James Hollifield (1992) called the ‘liberal paradox’ between   among the population and a return to state interventionism
            free circulation of ideas, trade, and finance on the one hand   (Panizza,2009).
            and limits imposed on the movement of people on the other   From 2010 onwards, following the resurgence of right-
            hand, the right of entry and the right to residency having   wing governance, state interventionism was abandoned,
            become increasingly restricted in developed countries, through   paving the way for the revival of neo-liberal policies of
            the introduction of visas and border control systems (Bigo &   deregulation and privatization. However, the return of the
            Guild, 2005).” Regrettably, viable solutions to this paradox   right-leaning leadership did not signify the termination
            have yet to materialize on the horizons of either the USA or   of the “liberal tide” in migration policies. In the case of
            Europe, but in other parts of the world, things look different.  Argentina, efforts were undertaken by the government to
                                                               introduce restrictive migratory policies, but the attempt
              Since 2000, a group of Latin American countries   was halted by the judges. Interestingly, even the far-right
            has embarked on a markedly different trajectory. The   Brazilian government refrained from exploiting the
            securitization approach, which dominated during the   migration issue, instead welcoming Venezuelan refugees.
            military dictatorships in the 1970s and 1980s, has given   Curiously, it was a left-wing Chilean government in
            place to a progressive language based on human rights   recent years that introduced certain drastic measures
            principles: “a distinctive note of the regional approach   — such as expulsions — in the face of a significant flow
            to migration in this period is a strong narrative based on   of irregular migrants and the mounting concerns of the
            human rights principles. The recognition of migration as   local populace over rising crime rates. The case of Chile
            a human  right, political  and legal positions on the  non-  is interesting, underscoring that even a very progressive
            criminalization of irregular migration, and among others,   migratory law cannot always answer to crisis situations
            evidenced that discourse orientation.” (Cernadas, 2018,   between  migrants and local  populations, especially in
            p.  4). These principles have been included in the new   border areas.
            pieces of legislation approved: “Beginning with political and
            legal recognition of migration as a human right, during these   5      “Over the past decade, a paradigm shift in migration
            years several positive legislative changes have been adopted,   and asylum law and policymaking appears to have
                                                                      taken place in Latin America. Does this apparent
            including equal protection  of  social  rights  of  all  migrants,   “liberal tide” of new laws and policies suggest a new
            non-detention based on migration status, due process      approach to the hot topics of migration and refugees
            safeguards, and access to justice.” (Cernadas, 2018, p. 3). In   in Latin America distinct from the regressive and
            fact, certain scholars even suggest a reversal of the “liberal   restrictive attitudes on display in other parts of the
            paradox” (Arcarazo & Freier, 2015).                       world?” (Cantor et al., 2015)


            Volume 1 Issue 1 (2023)                         3                        https://doi.org/10.36922/ghes.0861
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