The Criminalization Of Migration

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.

Immigration has become an increasingly popular topic often leading to passionate and powerful debate. The visceral emotions that stem from such debates transcends fact and paves the way for value conflicts over what it means to be an American. For most of our history, one of our most important narratives has been that we are a country that was built by and for immigrants. Indeed, the inscription on the Statue of Liberty reads, in part, "Give me your tired, your poor, your huddled masses yearning to breathe free." For many generations we welcomed new generations of immigrants who added new levels of richness and possibility to our nation. This certainly influenced U.S. policy on the handling of immigrants, refugees, and asylum seekers. Yet, at the same time, a coexisting argument threatened this discourse. In this story, America is a country for Americans, and is threatened by "others". While this part of the story is certainly not new, it has resurfaced in the wake of September 11th and, even more recently, has become a political tool utilized to serve the interests of those in power. \ The Criminalization of Immigration: Contexts and Consequences explores these competing narratives and the consequences of criminalizing immigration in the United States and abroad. It examines the impact of national, state, and local legislation on the psychosocial well being of immigrants. The book explores key ways in which immigration is criminalized, and examines how the problematization of immigration becomes a political tool. The first chapters of the book explore the criminalization of immigration through the lens of pacification and the theater of cruelty. In both chapters, the authors seek to understand the process of "othering" members of the immigrant population to exact social control and to mollify the public. These front chapters set the tone for remainder of the book. They provide the impetus for why states have enacted, or have attempted to enact state level immigration laws that make it nearly impossible for the undocumented to live within the boundaries of these states. In section two, three U.S. states are highlighted: Arizona, Alabama, and Indiana. While the chapters on Arizona and Alabama summarize key aspects of state laws, author Sujey Vega highlights the life of one undocumented immigrant as she navigates life in the Heartland. The book then turns its focus to the criminalization of immigration in a socio-political context. Here, four chapters provide explorations of the criminalization of immigration on labor standards enforcement, immigrant detention, the right wing perspective in the United States and in Europe, and white supremacy. Labor standards impact the rate by which undocumented immigrants are paid, which in turn impacts their health and safety within and outside the workplace, protections from workplace discrimination, and collective activity protections. The criminalization of immigration erodes many of the workplace and labor protections that we have come to view as essential. Similarly, the privatization of corrections has influenced the incarceration and detention of many undocumented immigrants and has even influenced the very laws described in section two of this book. If not for the possibility of profiting off of the detention of the undocumented, many of immigration related laws would not have come to fruition. The next section of the book provides a transnational and international context to the criminalization of immigration. With chapters focusing on human rights violations, the transnational dimensions of Mexican migration, the making of the Maras, and the criminalization of immigration in the United Kingdom, these chapters ask the reader to examine the criminalization of immigration from a broader perspective. The reader learns how national issues become international and, likewise how international immigration issues influence national policy. The final chapters of the book put the human face on the criminalization of immigration. Each chapter represents a case study of a specific aspect of the criminalization of immigration. They approach the issue from the viewpoint of a day laborer, an undocumented woman who has become a victim of domestic violence, a child whose parents are undocumented, and a detention officer who wrestles with his decisions to continue his job. Regardless of which chapters one reads, the raw emotion felt by placing oneself in each context is overwhelming. Overall, The Criminalization of Immigration: Contexts and Consequences provides a complete examination of an issue that cuts through emotional value conflicts. It provides the facts and knowledge essential for a fair and balanced debate. PowerPoint slides are available upon adoption. Sample slides from the full 107-slide presentation are available to view here. Email [email protected] for more information.

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 book explores the criminalisation of irregular migration in Europe. In particular, it investigates the meaning, purpose, and consequences of criminalising unauthorised entry and stay. From a theoretical perspective, the book adds to the debate on the persistence of irregular migration, despite governments’ attempts at deterring it, by taking an interdisciplinary approach that draws from international political economy and criminology. Using Italy and France as case studies, and relying on previously unreleased data and interviews, it argues that criminalisation has no effect on migratory flows, and that this is due to factors including the latter’s structural determinants and the likely creation of substitution effects. Furthermore, criminalisation is found to lead to adverse consequences, including by contributing to vicious cycles of irregularity and insecurity.

This is the first monograph providing a comprehensive legal analysis of the criminalisation of migration in Europe. The book puts forward a definition of the criminalisation of migration as the three-fold process whereby migration management takes place via the adoption of substantive criminal law, via recourse to traditional criminal law enforcement mechanisms including surveillance and detention, and via the development of mechanisms of prevention and pre-emption. The book provides a typology of criminalisation of migration, structured on the basis of the three stages of the migrant experience: criminalisation before entry (examining criminalisation in the context of extraterritorial immigration control, delegation and privatisation in immigration control and the securitisation of migration); criminalisation during stay (examining how substantive criminal law is used to regulate migration in the territory); and criminalisation after entry and towards removal (examining efforts to exclude and remove migrants from the territory and jurisdiction of EU Member States and criminalisation through detention). The analysis focuses on the impact of the criminalisation of migration on human rights and the rule of law, and it highlights how European Union law (through the application of both the EU Charter of Fundamental Rights and general principles of EU law) and ECHR law may contribute towards achieving decriminalisation of migration in Europe.

Over the last two decades in the West, there has been a significant increase in the arrest, imprisonment and detention of migrants. The racial criminalization and victimization of migrants and Roma people has led judicial authorities, local governments, the police, mass media and the general population to perceive migrants and 'gypsies' as responsible for a wide range of offences. Taking into consideration the political and cultural conditions that affect and interconnect societies of emigration and immigration, the contributors examine and compare a range of cases in Europe and the United States. The contributions demonstrate how the persecution of the 'current enemy' is the 'total political fact' of the 21st century in that it ensures consensus and business, or what might be termed the 'crime deal' of today. This provocative book has international appeal and will be a valuable resource for academics, researchers and policymakers with an interest in migration and social and ethnic control.

Over the last two decades in the West, there has been a significant increase in the arrest, imprisonment and detention of migrants. The racial criminalization and victimization of migrants and Roma people has led judicial authorities, local governments, the police, mass media and the general population to perceive migrants and 'gypsies' as responsible for a wide range of offences. Taking into consideration the political and cultural conditions that affect and interconnect societies of emigration and immigration, the contributors examine and compare a range of cases in Europe and the United States. The contributions demonstrate how the persecution of the 'current enemy' is the 'total political fact' of the 21st century in that it ensures consensus and business, or what might be termed the 'crime deal' of today. This provocative book has international appeal and will be a valuable resource for academics, researchers and policymakers with an interest in migration and social and ethnic control.

The book illustrates how the trend of associating migrants and refugees with criminality is on the rise. In political discourses and popular media alike, migrants and refugees are frequently portrayed as being dangerous, while cultures intent on welcoming newcomers are increasingly seen as being naïve, and providing assistance to migrants is more and more frequently subject to administrative or criminal penalties. At the same time, nondemocratic trends and practices that violate human rights and equality are gaining momentum in Europe, the US and Australia. Racism, xenophobia and anti-Islamism are simultaneously becoming more open and public; they are no longer restricted to clandestine platforms but are increasingly being mainstreamed into the political programs of parties that are entering both the EU parliaments and member state legislatures. Similar developments can be seen in the US and Australia. Such transformations in societies, governments, and institutions seem to reflect a growing amnesia regarding the lessons of the two World Wars of the 20th century, and the role that Europe, the US and Australia played in developing a post-war legal framework based on a shared, if imperfect, commitment to human rights. The book presents individual national analyses to reveal an emerging trend of “crimmigration” regardless of the peculiarities of national legislatures and internal political dynamics. By collecting original contributions from scholars based in and focused on each of these regions, it addresses above all the causes and impacts of the criminalization of migration in the early 21st century. It tackles the direct causes of these trends and encourages readers to rethink their broader political and socio-historic context. Importantly, the book does so by highlighting the ties between the criminalization of migration and equality, racism, and xenophobia. As the politics of migration become more perilous for political alliances like the EU as well for individual migrants, it is more important than ever to critically examine the cause and consequences of migrant criminalization. This collection does so from a variety of disciplinary perspectives and political traditions, seeking to overcome the distractions of charismatic politicians and the peculiar factions of national political systems, in order to reveal the underlying trends and disturbing patterns that are of interest to a broad, internationally-focused audience.