Crimmigration Under International Protection

"By exploring crimmigration at its intersection with international refugee law, this book exposes crimmigration as a system focused on the governance of territorially present migrants, which internalizes the impracticability of removal and replaces expulsion with domestic policing. The convergence of criminal law and immigration law, known as crimmigration, has become perhaps the paradigmatic model for governing migration in the age of globalization. This book offers a unique way of understanding crimmigration as a system of governmentality, the primary target of which is the population, its principal form of knowledge being political economy, and its essential mechanism being the apparatus of security. It does so by characterizing a particular model of crimmigration, termed crimmigration under international protection, which targets refugees and asylum-seekers who are principally undeportable under international law. The book draws on a comparative research of such models implemented worldwide, combined with a detailed case study of the immigration detention system instigated in Israel for coping with asylum-seekers specifically and exclusively. These models demonstrate that, at its core, crimmigration is not a system of outright social exclusion focused on the expulsion of undesirable migrants, but rather one focused on the management, classification and policing of domestic populations. It is argued that under crimmigration regimes criminal law becomes instrumental in the facilitation of gradual assimilation, by shifting immigration enforcement from the margins of the state to the daily supervision of territorially present migrants. The book illustrates this point by focusing on three main themes: crimmigration as domestication; crimmigration as civic stratification; and crimmigration as a mechanism coined by Foucault as the apparatus of security and by Deleuze as the society of control. By exploring these themes, the book offers a comprehensive framework for understanding the rise of crimmigration and the particular ways in which it targets resident migrants. The book will be of interest to researchers and academics working in the areas of Criminal law and Criminology, Immigration law, Citizenship Studies, Globalization Studies, Border Studies and Critical Refugee Studies"--

By exploring crimmigration at its intersection with international refugee law, this book exposes crimmigration as a system focused on the governance of territorially present migrants, which internalizes the impracticability of removal and replaces expulsion with domestic policing. The convergence of criminal law and immigration law, known as crimmigration, has become perhaps the paradigmatic model for governing migration in the age of globalization. This book offers a unique way of understanding crimmigration as a system of governmentality, the primary target of which is the population, its principal form of knowledge being political economy, and its essential mechanism being the apparatus of security. It does so by characterizing a particular model of crimmigration, termed ‘crimmigration under international protection’, which targets refugees and asylum-seekers who are principally undeportable under international law. The book draws on comparative research of such models implemented worldwide, combined with a detailed case study of the immigration detention system instigated in Israel for coping with asylum-seekers specifically and exclusively. These models demonstrate that, at its core, crimmigration is not a system of outright social exclusion focused on the expulsion of undesirable migrants, but rather one focused on the management, classification and policing of domestic populations. It is argued that under crimmigration regimes criminal law becomes instrumental in the facilitation of gradual assimilation, by shifting immigration enforcement from the margins of the state to the daily supervision of territorially present migrants. The book illustrates this point by focusing on three main themes: crimmigration as domestication; crimmigration as civic stratification and crimmigration as a mechanism coined by Foucault as the apparatus of security and by Deleuze as the society of control. By exploring these themes, the book offers a comprehensive framework for understanding the rise of crimmigration and the particular ways in which it targets resident migrants. The book will be of interest to researchers and academics working in the areas of criminal law and criminology, immigration law, citizenship studies, globalization studies, border studies and critical refugee studies.

Western societies are immersed in debates about immigration and illegality. This book examines these processes and outlines how the figure of the "crimmigrant other" has emerged not only as a central object of media and political discourse, but also as a distinct penal subject connecting migration and the logic of criminalization and insecurity. Illegality defines not only a quality of certain acts, but becomes an existential condition, which shapes the daily lives of large groups within the society. Drawing on rich empirical material from national and international contexts, Katja Franko outlines the social production of the crimmigrant other as a multi-layered phenomenon that is deeply rooted in the intricate connections between law, scientific knowledge, bureaucratic practices, politics and popular discourse.

With over 240 million migrants in the world, including over 65 million forced migrants and refugees, states have turned to draconian measures to stem the flow of irregular migration, including the criminalization of migration itself. Canada, perceived as a nation of immigrants and touted as one of the most generous countries in the world today for its reception of refugees, has not been immune from these practices. This book examines "crimmigration" – the criminalization of migration – from national and comparative perspectives, drawing attention to the increasing use of criminal law measures, public policies, and practices that stigmatize or diminish the rights of forced migrants and refugees within a dominant public discourse that not only stereotypes and criminalizes but marginalizes forced migrants. Leading researchers, legal scholars, and practitioners provide in-depth analyses of theoretical concerns, legal and public policy dimensions, historic migration crises, and the current dynamics and future prospects of crimmigration. The editors situate each chapter within the existing migration literature and outline a way forward for the decriminalization of migration through the vigorous promotion and advancement of human rights. Building on recent legal, policy, academic, and advocacy initiatives, The Criminalization of Migration maps how the predominant trend toward the criminalization of migration in Canada and abroad can be reversed for the benefit of all, especially those forced to migrate for the protection of their inherent human rights and dignity.

This multidisciplinary book introduces readers to original perspectives on crimmigration that foster holistic, contextual, and critical appreciation of the concept in Australia and its individual consequences and broader effects. This collection draws together contributions from nationally and internationally respected legal scholars and social scientists united by common and overlapping interests, who identify, critique, and reimagine crimmigration law and practice in Australia, and thereby advance understanding of this important field of inquiry. Specifically, crimmigration is addressed and analysed from a variety of standpoints, including: criminal law/justice; administrative law/justice; immigration law; international law; sociology of law; legal history feminist theory, settler colonialism, and political sociology. The book aims to: explore the historical antecedents of contemporary crimmigration and continuities with the past in Australia reveal the forces driving crimmigration and explain its relationship to border securitisation in Australia identify and examine the different facets of crimmigration, comprising: the substantive overlaps between criminal and immigration law; crimmigration processes; investigative techniques, surveillance strategies, and law enforcement agents, institutions and practices uncover the impacts of crimmigration law and practice upon the human rights and interests of non-citizens and their families. Analyse crimmigration from assorted critical standpoints; including settler colonialism, race and feminist perspectives. By focusing upon these issues, the book provides an interconnected collection of chapters with a cohesive narrative, notwithstanding that contributors approach the themes and specific issues from different theoretical and critical standpoints, and employ a range of research methods.

"This book provides a systematic and comprehensive overview of the increased role of criminal law in managing migration, from a European, domestic and comparative law perspective. The contributors critically engage with the current trends leading to the criminalisation of irregular migrants, asylum seekers and those who engage in "humanitarian smuggling" and the national and common policies calling for a broader use of criminal law measures and the like. The chapters explore the measures used to protect borders and their impact in terms of effectiveness and their ability to strike a fair balance between security and the protection of human rights. The contributors to the book cover a range of disciplines within law, human rights and criminology resulting in a broad understanding of the issues at play"--

This book presents the enduring debates and emerging challenges in crime and justice studies from an international and multi-disciplinary perspective.

This multidisciplinary book introduces readers to original perspectives on crimmigration that foster holistic, contextual, and critical appreciation of the concept in Australia and its individual consequences and broader effects. This collection draws together contributions from nationally and internationally respected legal scholars and social scientists united by common and overlapping interests, who identify, critique, and reimagine crimmigration law and practice in Australia, and thereby advance understanding of this important field of inquiry. Specifically, crimmigration is addressed and analysed from a variety of standpoints, including: criminal law/justice; administrative law/justice; immigration law; international law; sociology of law; legal history feminist theory, settler colonialism, and political sociology. The book aims to: explore the historical antecedents of contemporary crimmigration and continuities with the past in Australia reveal the forces driving crimmigration and explain its relationship to border securitisation in Australia identify and examine the different facets of crimmigration, comprising: the substantive overlaps between criminal and immigration law; crimmigration processes; investigative techniques, surveillance strategies, and law enforcement agents, institutions and practices uncover the impacts of crimmigration law and practice upon the human rights and interests of non-citizens and their families. analyse crimmigration from assorted critical standpoints; including settler colonialism, race and feminist perspectives By focusing upon these issues, the book provides an interconnected collection of chapters with a cohesive narrative, notwithstanding that contributors approach the themes and specific issues from different theoretical and critical standpoints, and employ a range of research methods.