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Global Cities and Immigrants

A Comparative Study of Chicago and Madrid

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Edited By Francisco Velasco Caballero and María de los Angeles Torres

Global Cities and Immigrants provides a detailed set of comparative case studies of the immigration policies of two global cities undergoing dramatic demographic changes. At the heart of this research are several theoretical questions. One is about the increased importance of municipal and local governments in a globalized world, particularly regarding immigrants. As the world global­izes and national governments attempt to tighten their grip, the failure of national policies to address the needs of new global situations encourages local governments to develop policies that resolve these new conditions. Although immigration is a federal policy in the United States and Spain, city and state governments have increasingly played a role in shaping both the enforcement of national laws and integration experiences of immigrants. This creates a local politics and indeed a legality of immigration that is strongly shaped by local views of economic, political, and security interests, as well as differing perceptions of immigrants’ rights and place in the polity.
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Chapter Four: Legal Status of Immigrants: Rights For Illegal Immigrants?

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← 84 | 85 → CHAPTER FOUR

Legal Status of Immigrants

Rights for Illegal Immigrants?

TOMÁS DE LA QUADRA-SALCEDO JANINI, AUTONOMOUS UNIVERSITY OF MADRID



INTRODUCTION

This work aims to analyze the rights of a particular group of aliens as recognized by Spanish law: those that currently live in the country and are unauthorized to do so. To this end we will study the rights that are granted to aliens without legal residency in Spain, both according to the Constitution and to the rest of Spanish law. Firstly, however, we must examine the conditions that must be met for an alien to be able to live in Spain legally, since it is the non-fulfillment of these conditions that determines whether residency is unauthorized or illegal.

With regard to aliens from outside the European Union and the European Economic Area,1 on whom our study is centered, the conditions necessary for obtaining legal residency are governed by Organic Law 4/2000 of January 11, on the rights and freedoms of aliens in Spain and their social integration (henceforth referred to as “Immigration Law”), which was modified by Organic Law 8/2000 of December 22, Organic Law 14/2003 of November 20, Organic Law 2/2009 of December 11, and Organic Law 10/2011 of July 27, among others.

In the Immigration Law mentioned above, which lists the requirements for legally entering national territory, three general situations in which an alien can legally reside...

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