Beyond dead-end strategies: European migrant rights lawyering before closing doors

This article examines how migrant rights lawyers sustain legal advocacy when previously effective pathways to justice are systematically closed. Focusing on European migrant rights lawyering between 2015 and 2025, it investigates responses to the retrenchment of migrant protections at the European Court of Human Rights, where rights-expanding jurisprudence has increasingly given way to migration-control logics. Drawing on interviews with migrant rights lawyers and documentary analysis, we identify five recurring forms of impasse: adverse judicial rulings, procedural barriers, restrictive European Union asylum reforms, hostile political environments, and unstable funding conditions. The article develops the concept of “dead-end strategies” to describe legal approaches that emerge when traditional pathways to legal victory become structurally blocked. The findings reveal a shift away from precedent-focused litigation toward mitigation-oriented practices emphasizing sustained presence, community engagement, and long-term relationships with highly mobile clients. The article argues that existing theories of legal opportunity structures inadequately explain legal mobilization under conditions of systemic closure. By highlighting the generative potential of profound constraints, we show that shrinking legal opportunities can generate new forms of advocacy. Migrant rights lawyers increasingly reimagine their work as both a means of securing favorable judgments and a practice of remaining present when the doors of the law are closed.

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Publication Details

Journal
Social & Legal Studies
Published
2026-10-27
DOI
https://doi.org/10.1177/09646639261500460
Primary Topic
Judicial and Constitutional Studies
Type
article
Field-Weighted Citation Impact
0.00

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article

Beyond dead-end strategies: European migrant rights lawyering before closing doors

Itamar Mann, Hannah Katz
2 links
Social & Legal Studies
Judicial and Constitutional Studies
article

Beyond dead-end strategies: European migrant rights lawyering before closing doors

Itamar Mann, Hannah Katz
article en

Abstract

This article examines how migrant rights lawyers sustain legal advocacy when previously effective pathways to justice are systematically closed. Focusing on European migrant rights lawyering between 2015 and 2025, it investigates responses to the retrenchment of migrant protections at the European Court of Human Rights, where rights-expanding jurisprudence has increasingly given way to migration-control logics. Drawing on interviews with migrant rights lawyers and documentary analysis, we identify five recurring forms of impasse: adverse judicial rulings, procedural barriers, restrictive European Union asylum reforms, hostile political environments, and unstable funding conditions. The article develops the concept of “dead-end strategies” to describe legal approaches that emerge when traditional pathways to legal victory become structurally blocked. The findings reveal a shift away from precedent-focused litigation toward mitigation-oriented practices emphasizing sustained presence, community engagement, and long-term relationships with highly mobile clients. The article argues that existing theories of legal opportunity structures inadequately explain legal mobilization under conditions of systemic closure. By highlighting the generative potential of profound constraints, we show that shrinking legal opportunities can generate new forms of advocacy. Migrant rights lawyers increasingly reimagine their work as both a means of securing favorable judgments and a practice of remaining present when the doors of the law are closed.

Social & Legal Studies
Humboldt-Universität zu Berlin (DE), Vrije Universiteit Amsterdam (NL), University of Haifa (IL)
Israel Science Foundation
Peace, justice, and strong institutions, Reduced inequalities
Openalex Percentile: Top 3%
Judicial and Constitutional Studies
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Beyond dead-end strategies: European migrant rights lawyering before closing doors — Itamar Mann, Hannah Katz · Social & Legal Studies (2026) | TGRS Research Map | TGRS