The negotiation of irregular migrants' right to education in Germany: a challenge to the nation-state

Despite Western European nation-states’ attempts to control access to their territories, a large number of migrants live in the European immigration countries without a legal residence status. Their access to social rights is restricted by national migration control policies. Focusing on the case of Germany, this article addresses the question of which factors may, against the background of a highly restrictive migration control regime that makes explicit provisions to deny social rights to irregular migrants, encourage policy changes in the field of irregular migrants' social rights. Analysing several recent cases of successful implementation of educational rights for children without a legal residence status, the article argues that the institutional structure of a nation-state can have an important impact regarding policy changes on irregular migration. The article analyses how the interplay of the specific federal structure of the German state and the existence of the international human rights regime have served as preconditions for an improved access of irregular migrants to the right to education.