Race and Citizenship in the context of the War on Terror

Lead Research Organisation: University of York
Department Name: Sociology

Abstract

This research will investigate the growing insecurity of citizenship in the context of the War on Terror with a particular focus on different forms of citizenship removal and exclusion and their racial dimensions. In the post 9/11 context the use of extradition, citizenship deprivation and charter flight deportations have been promoted, assisted in part by changes to the law, yet little is known about the extent of these forms of removal; who it is that is being extradited, having their citizenship deprived and being deported en masse; what the conditions are in which these removals occur; and what the justifications are for their use. This research will attempt to address these issues.

Race, immigration and citizenship have always been deeply connected to each other but there have been stark changes in the context of the War on Terror which have intensified processes of removal in different ways. They have impacted disproportionately on Muslim and black and minority ethnic communities and have made it more difficult to access and make claims to rights of citizenship. Under the counter-terrorism agenda, revisions to law in 2003 have meant it has become easier to extradite individuals and initial analysis suggests the number of requests for extradition to the US have increased significantly since 2003. In this context, there have been a number of high profile cases whereby the protections of British citizenship, such as the possibility to respond to accusations in a UK court of law prior to removal, have been suspended. Political debates have ensued concerning who should have protections of British citizenship and who should not. Further amendments to nationality law mean it is also possible to deprive dual-nationals of their British citizenship if the Home Secretary makes a decision that their presence is 'not conducive to the public good'. More than 23 individuals have been stripped of their citizenship since 2003 and over 18 of these have been since 2010. These more severe measures of removal have also impacted on longstanding processes of deportation. In 2001 the Government began to use charter flights in order to ease and speed up the process of enforced removals. There have been charter flights to Afghanistan, Nigeria, Sri Lanka, Ghana, Pakistan and Iraq, and between December 2012 and April 2013 972 individuals were removed in this way.

Against this background, the proposed research will conduct an investigation into the policies and processes of extradition, citizenship deprivation and mass deportation since 2001 examining the extent to which these processes are occurring, who they are happening to, what the racial dimensions of these processes are and what the narratives are which justify or contest these processes of removal. The findings will be brought together to assess what the implications are for the relationship between race and citizenship.

The research will include documentary analysis of policy literature and legal decisions; interviews with lawyers; analysis of statistical data obtained through freedom of information requests; case studies of individuals subject to extradition and citizenship deprivation which will include interviews with family members, and third sector organisations; and discourse analysis of parliamentary debates and media representations.

An advisory group made up of users will be consulted throughout the research project and subsequent dissemination activities. This is to ensure that the data collected is of use beyond the academy, and to ensure that the research has impact. Research outputs will include dissemination to practitioners (through a one-day workshop, and a 15-page research report), dissemination to the general public (through newspaper coverage, commentary pieces in popular press, a report, a project website and blog), and academic dissemination (through conference presentations, journal articles, and a research monograph in hard copy and digital format).

Planned Impact

This research project will draw on the expertise of an advisory group throughout the process from research design to dissemination. Representatives will include Paul Wiles (visiting Professor of Criminology at the University of Oxford and former scientific advisor to the Home Office), Ian Macdonald QC (leading barrister in immigration, race relations law), a senior representative from Leigh Day law firm, Asim Qureshi (Research Director at Cage Prisoners), a representative from the Home Office, and a representative from Liberty, who will assist with access to key interviewees and help promote the dissemination and impact. This will ensure a commitment to research that is of interest and use to non-academics. Overall the findings of this research will be of significant interest to all interested in equality, human rights and the state of citizenship in Britain. Interested parties will include, but will not be limited to:

(1) Human Rights and Immigration Lawyers
(2) Third Sector organisations such as Liberty, Cage Prisoners, Migrant Rights Network, Runnymede Trust, Institute for Race Relations
(3) The Home Office
(4) The Equality and Human Rights Commission and the Government Equalities Office
(5) Thinktanks working on immigration and citizenship
(6) Families and communities who have had direct involvement with citizenship deprivation, extradition and mass deportation
(7) The national media including the Bureau of Investigative Journalism, The Guardian, The Independent
(8) General Public

The research has clear relevance for these parties because of their investments in issues concerning citizenship, equality and human rights. In the case of lawyers and third-sector organisations, their interest is in ascertaining the extent to which these processes of removal are occurring in order to gain an overview of the situation beyond the cases in which they are directly involved. In respect to the Home Office and the equality bodies, the research will be of direct interest to their respective policy agendas concerning citizenship, equality and human rights. Thinktanks working on immigration and citizenship will be interested in learning more about the details of particular forms of removal and how they inform and impact upon processes of immigration as a whole; families and individuals affected will have an interest in raising awareness of these issues; and the national media and general public will respond to the high public interest in the research.

As detailed in the Pathway to Impact attachment, findings will be disseminated to these non-academic respondents through various channels including a one-day workshop, and 15-page research report. It is anticipated that the workshop will promote important discussion between lawyers, third sector organisations, Home Office and government officials and representatives from equality bodies, and will lead to a series of agreed 'next steps' which all participants will commit to act upon. The findings report will also inform future campaigns by organisations such as Liberty, Cage Prisoners and Migrants' Rights Network. In this respect, it is anticipated that the results of this research will have an impact beyond the academy.

The research findings will be further disseminated to the general public and participants through a project website and blog, press releases to the national media, commentary articles on the issues of citizenship and removal published in a range of outlets, and an overview report accessible for non-specialists. In this manner, the research findings will be used to promote awareness concerning the extent of citizenship removal and exclusion and prompt debate with regards to the implications of these changes to policy for citizenship as a whole. Academic dissemination will also be communicated to the general public through a separate portal on the project website which will link to publications associated with the project.

Publications

10 25 50
 
Title Aaden and the Spiders 
Description Through the project I worked with director Ken Fero to produce two short films, documenting the stories of some of the research participants. The second of the two films is titled 'Aaden and the Spiders' 
Type Of Art Film/Video/Animation 
Year Produced 2018 
Impact The aim of the films is to help promote engagement with stakeholders and wider publics and over we are planning a number of events with multiple partner human rights organisations over 2018 to show and discuss the films and project findings more broadly. 
URL http://www.dde.org.uk/resistance
 
Title The Eyes of Aliyah 
Description Through the project I worked with director Ken Fero to produce two short films, documenting the stories of some of the research participants. The first of the two films is titled 'The Eyes of Aliyah' 
Type Of Art Film/Video/Animation 
Year Produced 2017 
Impact The aim of the films is to help promote engagement with stakeholders and wider publics and over we are planning a number of events with multiple partner human rights organisations over 2018 to show and discuss the films and project findings more broadly. 
URL http://www.dde.org.uk/resistance
 
Description The key findings of the research indicate that the policing strategies and techniques that have been employed against individuals suspected of engaging in terrorism-related activities through the domestic war on terror has involved a significant enhancement of authoritarian practices that both lead to the criminalisation of Muslims who are denied due process, but also leads to the wider implementation of such techniques. We have found that there has been an enhancement and escalation of the use of secret evidence in immigration, other administrative and now criminal proceedings, so individuals accused of terrorism-related offences are often not privy to the evidence against them. This procedure has now also been used in non-terrorism-related cases. We have found that citizenship deprivation and/or the deformation of citizenship (such as passport removals) is often used as a substitute for criminal proceedings. Since citizenship deprivation orders and passport removals are orders granted by the Home Secretary they do not need to be scrutinised by an independent judiciary and these measures are usually used pre-emptively. We also found that terrorism cases have been used to justify a move away from the European Court of Human Rights which also means the British Government's military interventions overseas will not be subject to supra-national judicial scrutiny as they have been in the past.
Exploitation Route The research will be of use to human rights lawyers and human rights organisations, a number of whom have already expressed interest in the research and are eagre to meet for further discussions. Over the last year I have met with lawyers, policy and advocacy staff in the UK, Europe and the US, including: UK- Liberty, York Amnesty, Just Yorkshire, Scotland Against Criminalising Communities, MEND (Muslim Engagement and Development), Islamic Human Rights Commission, Institute for Race Relations, Greater Manchester Law Society, Garden Court Chambers, Birnberg Peirce. USA- Center for Constitutional Rights, CLEAR (CUNY Law School) France- Justice and Liberties For All Committee (Paris) A number of Human Rights organisations have expressed interest in integrating the key findings from the research project into their broader human rights agendas and centring the impact of counterterrorism legislation and policy on human rights. I have collaborated with other scholars in the UK and US working on Islamophobia and securitisation to draft an alternative security/ counterterrorism policy with the aim that some of our recommendations may be taken up by the shadow government. The monograph produced from the project has been used to inform the script of a play 'Cuts of the Cloth' written by Hafsah Aneela Bashir and directed by Nikki Mailer. The play will be screening in the UK through 2019.
Sectors Government, Democracy and Justice

URL http://www.dde.org.uk
 
Description The key findings from the grant have been used and engaged with by a range of different stakeholders in multiple ways. The key findings of the research have been reported through a number of different formats- a monograph titled Deport Deprive Extradite, which sold 1000 copies in the first three months; a website www.dde.org.uk which reports the key findings and case studies from the project and hosts multiple resources from the project for visitors to engage with; and two short films, The Eyes of Aliyah and Aaden and the Spiders, both available online through the website and which detail the stories of some of the interviewees from the project. Producing the findings of the research in this way has aided the achievement of impact beyond the academy, which has been realised in a number of ways. The research findings were read, via my monograph and website, by colleagues at Liberty, who invited me to talk to all Liberty staff at their London office in more detail with them about the research, the broader human rights concerns around the counterterrorism agenda and the impact on Muslim communities. I also talked about the key findings and screened the films with colleagues at local and national human rights and race equality organisations including York Amnesty, Just Yorkshire, Scotland Against Criminalising Communities, MEND (Muslim Engagement and Development), and the Islamic Human Rights Commission. These events involved engagement and dialogue with third sector professionals and public audiences. Further knowledge exchange events and conferences were held with lawyers from Birnberg Pierce and Garden Court Chambers where human rights lawyers acknowledged the importance of the research and indicated that the findings might help them prepare facts for future cases. I have also engaged with artists and community activists in the UK. My monograph was used to help inform the script of a play titles 'Cuts of the Cloth' written by Hafsah Aneela Bashir and directed by Nikki Mailer. The play will be screening across the UK throughout 2019. In addition, the project and research findings inspired the curation of an event at Rich Mix London in September 2018, where poets, artists, film makers and community and race equality organisations, including the Institute for Race Relations, came together to discuss the significance of the themes of the project. Subsequent to this I have been asked to do a podcast with Suhaiymah Manzoor-Khan in March 2019, a poet and artist, who is interested to explore these issues further. In France, the Justice and Civil Liberties Committee based in Paris held an event around the themes of the book in October 2018 engaging with a number of Paris-based community organisations, policy makers and activists. The work may inform future policy briefings they produce. The research findings have also been engaged with by the Centre for Constitutional Rights in the USA who participated in an event promoting my monograph and a film screening in New York in April 2018. We are in dialogue about holding future events and the possibilities for future collaboration.
First Year Of Impact 2017
Sector Government, Democracy and Justice
Impact Types Societal

 
Description Written evidence to Citizenship and Civic Engagement Committee
Geographic Reach National 
Policy Influence Type Contribution to a national consultation/review
URL http://data.parliament.uk/writtenevidence/committeeevidence.svc/evidencedocument/citizenship-and-civ...
 
Description ESRC Impact Acceleration Award
Amount £9,045 (GBP)
Organisation Economic and Social Research Council 
Sector Public
Country United Kingdom
Start 01/2018 
End 12/2018
 
Description Philip Leverhulme Prize
Amount £100,000 (GBP)
Funding ID PLP-2020-298 
Organisation The Leverhulme Trust 
Sector Charity/Non Profit
Country United Kingdom
Start 10/2021 
End 09/2023
 
Description Europe, Migration and the Politics of (In)security 
Organisation White Rose University Consortium
Country United Kingdom 
Sector Academic/University 
PI Contribution The Europe, Migration and the Politics of (In)security is a White Rose funded network that aims to examine the new politics of insecurity in Europe with a focus on migration and securitisation. I have been involved in a planning workshop to help develop and shape the work agenda for the network and the content for a series of workshops that will work to explore these themes. These will take place across the partner university institutions. There will be opportunity for us to present and discuss research findings from the project at these workshops.
Collaborator Contribution Colleagues from the University of York, Leeds and Sheffield who hold shared research interests all contribute to this network through discussion of their own research projects, ideas and findings.
Impact First Workshop: 'Experiencing Insecurities', University of Leeds, 3rd March 2017. This was an interdisciplinary event and involved representatives from Sociology, Politics, Geography, Anthropology and Human Rights.
Start Year 2016
 
Description 'Racism, Rights and Resistance: Poetry and Spoken Word Event' (public engagement event York, UK) 
Form Of Engagement Activity Participation in an activity, workshop or similar
Part Of Official Scheme? No
Geographic Reach National
Primary Audience Public/other audiences
Results and Impact The event was intended as a public engagement event and involved a collaborative effort between the researchers for the project and four poets and spoken word artists who responded to the themes that the research project is trying to showcase - deportation, extradition, citizenship deprivation - in their own words. The poets were invited to respond to issues around racism, rights and resistance. The event allowed for some of the key research themes to be expressed in an accessible format reaching a wider non-academic audience (approximately 30 people attended in person). The event also included a live Twitter stream and was videoed and subsequently uploaded onto Youtube (the video has had 158 views thus far). Most of the attendees expressed an interest in keeping informed of the project and finding out more and a public engagement email list was created as a result.
Year(s) Of Engagement Activity 2016
URL https://www.youtube.com/watch?v=qTWLLmVBcDU&t=2s
 
Description 'Unmaking Citizens: Racial exclusions and the privilege of a passport' Public Lecture 
Form Of Engagement Activity A talk or presentation
Part Of Official Scheme? No
Geographic Reach Regional
Primary Audience Undergraduate students
Results and Impact I gave a public lecture at the University of York in November 2016. The event, which was sold out, offered an opportunity to present early findings from the research project. The talk sparked multiple questions and engaged debate from the audience and the student organisers filmed a short q&a with me to promote the event online. I received a number of follow up queries about my research following the talk.
Year(s) Of Engagement Activity 2016
URL https://www.york.ac.uk/sps/seminars/2016-17/dr-nisha-kapoor/
 
Description Article for Verso Blog titled 'When They Take Babies from Mothers and Mothers from Babies' 
Form Of Engagement Activity Engagement focused website, blog or social media channel
Part Of Official Scheme? No
Geographic Reach International
Primary Audience Public/other audiences
Results and Impact This was a blog written for International Women's Day to highlight the criminalisation of Muslim women through their children as part of the extension of counter-terrorism policing that has proceeded through family courts. It drew on particular elements of the Deport Deprive Extradite research project. The blog received significant attention on social media and helped expand the scope of feminist issues that were being debated and discussed on International Women's Day.
Year(s) Of Engagement Activity 2018
URL https://www.versobooks.com/blogs/3662-when-they-take-babies-from-mothers-and-mothers-from-babies
 
Description Blog piece for Verso blog, titled 'Citizenship Deprivation at the Nexus of Race, Gender and Geopolitics' 
Form Of Engagement Activity Engagement focused website, blog or social media channel
Part Of Official Scheme? No
Geographic Reach International
Primary Audience Public/other audiences
Results and Impact I wrote a blog piece, which drew on analysis and findings from the research project, in response to the news that Shamima Begum, a British Muslim citizen who had travelled to Syria, had been stripped of her citizenship. This particular incident raised the profile of citizenship deprivation within the public domain significantly and I had a received a number of media requests to respond. This blog article was thus an intervention into public debate. It has been shared on facebook over 620 times and received significant attention on Twitter. My tweet of the article alone received 32,479 impressions with 866 engagements, and the article was prolifically retweeted by others. A number of people commented that the article offered an insightful analysis of the key issues at hand.
Year(s) Of Engagement Activity 2019
URL https://www.versobooks.com/blogs/4250-citizenship-deprivation-at-the-nexus-of-race-gender-and-geopol...
 
Description Blog piece for Verso blog, titled 'On Windrush, Citizenship and its Others' 
Form Of Engagement Activity Engagement focused website, blog or social media channel
Part Of Official Scheme? No
Geographic Reach International
Primary Audience Public/other audiences
Results and Impact The blog piece was a response to news coverage of the deportation of Windrush generation citizens and public debate around race, immigration and citizenship. I felt there were some gaps in public understanding of the key issues particularly in relation to government policy changes around citizenship, and the blog was thus an intervention into this debate. The piece was disseminated widely on social media. My tweet of the article alone received 14,982 impressions and 256 engagements. A number of people commented on the incisiveness of the analysis.
Year(s) Of Engagement Activity 2018
URL https://www.versobooks.com/blogs/3774-on-windrush-citizenship-and-its-others
 
Description Deport Deprive Extradite: Public Engagement Conference 
Form Of Engagement Activity Participation in an activity, workshop or similar
Part Of Official Scheme? No
Geographic Reach National
Primary Audience Third sector organisations
Results and Impact We held an end of project conference in November 2017 to present the final and key findings from the project and to engage key stakeholders in some debate around them. We also showed two short films that were made to present some o the research to a wider audience. The event was really well attended, sparked lots of engagement, debate and wider interest and resulted in a number of queries for further information and engagement including an invitation from the human rights organisation, Liberty, to meet with them to discuss the findings further.
Year(s) Of Engagement Activity 2017
 
Description Islamaphobia Workshop/ Launch Event, Islamic Human Rights Commission 
Form Of Engagement Activity A formal working group, expert panel or dialogue
Part Of Official Scheme? No
Geographic Reach International
Primary Audience Public/other audiences
Results and Impact I spoke as part of a panel event on Islamophobia hosted by the lslamic Human Rights Commission, and talked about some of the key themes from the research protect. Approximately 50 people attended in person, which included the general public as well as representatives from third sector organisations, human right lawyers and journalists. The event was also live streamed on IHRC. TV, the video was posted on social media and received press coverage in national and international press. Some journalists contacted me afterwards to say they would be interested to know about further research findings from the project.
Year(s) Of Engagement Activity 2015
URL http://www.ihrc.org.uk/events/11551-report-press-launch-environment-of-hate-the-new-normal-for-musli...
 
Description Presentation to the Migration and Citizenships Conference (Shimla, India) 
Form Of Engagement Activity A talk or presentation
Part Of Official Scheme? No
Geographic Reach International
Primary Audience Study participants or study members
Results and Impact nn
Year(s) Of Engagement Activity 2016
 
Description Public Lecture 'Unmaking Citizens', University of York, 15 November 2016 
Form Of Engagement Activity A talk or presentation
Part Of Official Scheme? No
Geographic Reach Regional
Primary Audience Undergraduate students
Results and Impact I was invited to give a public lecture at the University of York by students on the Social and Political Sciences undergraduate programme on 15 November 2016. I presented an overview of the Race and Citizenship research project and some of the key findings to the audience. Tickets for the event sold out (there was approximately 100 people in the audience) and there was also much conversation sparked ons social media with key points tweeted on Twitter. There was a lengthy question and answer session and much discussion was generated afterwards. A number of people subsequently got in contact with the project to ask for more information.
Year(s) Of Engagement Activity 2016
 
Description Public engagment article 
Form Of Engagement Activity A magazine, newsletter or online publication
Part Of Official Scheme? No
Geographic Reach International
Primary Audience Public/other audiences
Results and Impact Media article in Open Democracy: Nisha Kapoor and Kasia Narkowicz 'The Character of Citizenship: Denying the rights of asylum seekers and criminalising dissent', Open Democracy. 20 May 2017. I received a number of emails asking for further information about the project in response and the article received a number of comments from members of the public who debated the issues the article raised.
Year(s) Of Engagement Activity 2017
URL https://www.opendemocracy.net/uk/kasia-narkowicz-nisha-kapoor/character-of-citizenship-denying-right...
 
Description Publication in Discover Society 
Form Of Engagement Activity A magazine, newsletter or online publication
Part Of Official Scheme? No
Geographic Reach International
Primary Audience Public/other audiences
Results and Impact I wrote a piece for Discover Society published in July 2015, covering the key themes of interest form the research project, written in an accessible way for the general public. The piece received multiple tweets and re-tweets on social media, significantly raising awareness of the research and led to an increase in the number of people following my work through various social media sites.
Year(s) Of Engagement Activity 2015
URL http://discoversociety.org/2015/07/01/deport-deprive-extradite-on-the-removal-of-rights-in-terrorisi...