När blir livet sörjbart? - Den svenska statens delaktighet i produktionen av utsatta, papperslösa migranter

This thesis examines how undocumented migrants’ vulnerability is created by the state. This analysis is based on Judith Butler’s theory on when life is grievable and Jacob Lind’s concept of vulnerabilisation. The thesis begins by exploring whether or not undocumented migrants’ lives are grievable according to Butler. Butler’s concept of grievability is used as a criteria to further explore the concept of vulnerabilisation. In order to examine how, in practice, the state can create vulnerable groups, I analyse the potential impact of two new laws in Sweden: “stop and search zones” (säkerhetszoner) and more effective tools for “internal controls in respect of aliens” (effektivare verktyg vid inre utlänningskontroll), and how these laws can be a barrier for undocumented migrants’ accessing their human rights. Finally, the thesis shortly explores how these barriers to human rights can affect the functioning of human rights. The results shows that undocumented migrants are a vulnerable group, and this vulnerability is created partly through their deportability, and partly through the lack of protection from the state. Vulnerabilisation can be used to understand how (i) undocumented migrants’ vulnerability is first created by the state, (ii) then the state labels the group as vulnerable, (iii) and then utilizes this vulnerability as means to govern the group. This is a type of pathogenic vulnerability since it is a by-product of the state’s sovereign power (Lind 2020:52). Irregular migrants in Sweden are vulnerable since they do not have access to the state’s welfare system and are under the constant threat of deportation. The state has thus labelled the group as vulnerable and can govern them through giving them minimal human rights (right to healthcare and right to education) which is then compromised by the implementation of “stop and search zones” and more effective tools for “internal controls in respect of aliens”. Why these laws are considered barriers to undocumented migrants’ human rights, can best be explained with findings from Mona et.al’s (2020) research, which shows that the biggest barrier to undocumented migrants accessing their right to healthcare is the fear of getting caught by the police, and thus being deported. The result of this analysis shows undocumented migrants might have the right in theory to emergency healthcare, but in practice, a large percentage do not dare to go to the hospital, and thus one might argue that the “stop and searc