Who “We” Really Are – National Identities Tested By (Mass-)Migration?

‘The West’ seems to lose its compass and traditional western values, such as respect for human rights, democracy, minority protection, international cooperation and rule of law, on which peace, stability, and welfare after the Second World War are built, are fading. Increasing influence of nationalistic thought and ever louder voices calling to curb, if not completely stop immigration, appear all over the 'western' world. This paper will look at changes to immigration and asylum law to reflect how the above mentioned traditional western ideals and values still govern daily decision making by legislators, administration, and the judiciary. The paper will focus on legislative initiatives on EU Level and in Germany, the Netherlands, Austria, Hungary, and the USA to see what changes were adopted and proposed after the summer of 2015, i.e. when the so-called refugee crises peaked in Europe. It will then seek two answer two basic questions: (1) what was the (official) motivation driving changes to regulation and its implementation, and (2) what is the relationship of these changes and proposals with said ideals governing western society. Starting point for this paper is the assumption that regulation of immigration and asylum after recent changes appears to (partially) conflict with national and constitutional values; however, the application and interpretation of it by the administration and courts, who often consider traditional constitutional norms, makes this conflict less pungent.