When Deportation Fails - Non-Removable Migrants in the European Union

When Deportation Fails examines non-removable migrants who, despite being in an irregular situation, cannot be deported, creating a legal 'limbo.' It analyzes mechanisms in the EU that cause this paradox, its impact on migrants' rights, and their struggles to obtain residence permits in the countries where they live.

List of contents

• Part I. Introduction


• 1: Introduction: State Sovereignty, Deportation, and Non-Deportability-The Case of the European Union


• Part II. Manufacturing Non-Removability in the European Union


• 2: Human Rights, Non-Refoulement, and Non-Removability-The Mismatch Between Asylum and Human Rights in the EU


• 3: Membership Claims, Expulsion, and Non-Removability in the EU


• 4: EU Readmission Policies, Practical Obstacles to Deportation, and Non-Removability


• Part III. The Rights of Non-Removable Migrants and the Search for a Regular Status


• 5: Status Formation and Non-Removable Migrants-A Subtle But Far-Reaching Role for EU Law?


• 6: In Search of Legal Status-Non-Removability and Paths to Regularization


• Part IV. Conclusions


• 7: Conclusions: Between Deportation and Belonging

About the author

Diego Ginés Martín is an Assistant Professor in European and International Law at the Law Faculty (ICADE) of Universidad Pontificia Comillas, Madrid, Spain. In 2023, he worked as a lecturer at Utrecht University. He completed his doctorate at the European University Institute (EUI), Florence, in 2022. Diego has also been a visiting researcher at the EU Agency for Fundamental Rights (FRA), Vienna, and the Hertie School, Berlin.

Product details

• Authors: Diego (Assistant Professor in Europe Gines Martin, Diego Ginés Martín
• Publisher: Oxford University Press
• Languages: English
• Product format: Hardback
• Release: 30.01.2026
• EAN: 9780198938972
• ISBN: 978-0-19-893897-2
• No. of pages: 264
• Series: Oxford Studies in European Law
• Subjects: Social sciences, law, business > Law > International law, foreign law; Europe, SOCIAL SCIENCE / Emigration & Immigration, POLITICAL SCIENCE / Human Rights, LAW / International, LAW / Constitutional, LAW / Public, LAW / Emigration & Immigration, immigration law, Migration, immigration & emigration, Migration, immigration and emigration, Public international law: human rights, International human rights law, Asylum Law, Relating to migrant groups / diaspora communities or peoples