Migrants who continue to reside in a country after having received a negative answer to their residence application, or who stay without registering themselves in the first place, challenge the legal framework of national states and citizenship. In this article, we illustrate the situation of migrants without legal residence in light of normative cosmopolitan theory focusing on the universality of rights. We discuss three empirical contexts: life in the so-called waiting reception centers, life outside the waiting reception centers, and the situation of children without legal residence. We illustrate how human rights are not sufficient to protect migrants' well-being and how actual rights do not appear to be so because it is perceived as risky to use them. The article puts normative cosmopolitan theory in perspective by discussing the specific situation of migrants without legal residence, and it closes with the question of what happens if rights are unevenly distributed.

Migration cosmopolitanism Illegal Residency Rights justice

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