DOI: 10.52241/tjds.1937344 ISSN: 2717-7408

A Comparative Analysis of Migration Regimes within the Framework of Liminal Legality and the Search for Solutions

Şevval Nur Acuner
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This study examines the increasingly widespread use of temporary and uncertain legal statuses in migration law through the concept of “liminal legality.” Derived from the notion of liminality, this approach describes an intermediate condition in which migrants are neither fully protected by legal guarantees nor entirely excluded from the legal system, but are instead kept in a state of ongoing uncertainty. The study first outlines the theoretical foundations of this concept and then provides a comparative analysis of three case studies: Temporary Protected Status (TPS) in the United States, Duldung in Germany, and the Temporary Protection regime in Türkiye. Despite emerging from different legal and institutional contexts, these regimes produce similar outcomes by placing migrants in a condition of “permanent temporariness.” While they protect individuals from deportation, they systematically hinder access to permanent residency or citizenship and render rights contingent upon administrative discretion and unpredictability. The effects of liminal legality extend beyond legal status, significantly impacting access to employment, education, social services, and psychological well-being. The study reveals the human rights risks posed by this structure and, as a solution, proposes the development of predictable, gradual, and rights-based status transition mechanisms.

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