Last year the Court of Justice of the European Union issued two judgments on the Syrian refugee crisis. Both cases concerned Europe’s externalization of migration policy – i.e. the legal and practical measures taken to enforce refugee exclusion outside or at the borders of the territories of EU member states. These policies have been labeled as the politics of non-entrée by Hathaway & Gammeltoft-Hansen. In the judgments, the Court decided that it was not competent to rule on the cases because it had no jurisdiction. As I have argued more extensively in an article published open access in the Journal of Refugee Studies, the result of this is that law is not only an instrument for excluding people from European territory. The exclusion now runs through law itself. Although European fundamental human rights law is still formally neutral, the exclusion of non-Europeans is becoming a core element of European law.
Officials see them as cruel exploiters of human misery: criminals, traffickers, predators. Indeed, many policymakers seem to suggest that if only we crack down on smugglers, refugee crises would be solved. Popular culture—including through Oscar-nominated documentaries—glorifies Greek and Italian Coast Guards and other anti-smuggler agents as saviors from the machinations of evil smugglers. Syrian migrants have a different view.