La condición del migrante irregular. Una reflexión de la noción “apátrida” desde Hannah Arendt y Giorgio Agamben

One of the contemporary state challenges is mass migration. Many of these migrations occur irregularly, generating situations where human rights are not guaranteed. Irregular migrants face a loophole, where the successful claim of their human rights is compromised by the actual non-belonging to a State. Hannah Arendt and Giorgio Agamben analyze how the consequence of statelessness is the ineffectuality of their human rights by not being sheltered by a guarantor State. Hence the question arises: How does the contemporary irregular migrant become stateless according to the dialogue between Hannah Arendt and Giorgio Agamben? To answer this, we described how the decline of the nation-state concept served as a prelude to the emergence of statelessness and its consequences. The notion of irregular migrant is conceptualized by alluding to their legal status, and, finally, the contemporary irregular migrant is related to the notion of the stateless person according to Arendt and Agamben. In the previous argument it is important to understand how the contemporary irregular migrant, by not having an effective practice and protection of their human rights, represents the stateless person of Arendt and Agamben. All of the above is a result of the implementation of a critical hermeneutical methodology.