Causes and Consequences of Migrant Criminalization

Causes and Consequences of Migrant Criminalization

Author: Neža Kogovšek Šalamon

Publisher: Springer Nature

Published: 2020-07-01

Total Pages: 302

ISBN-13: 3030437329

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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.


The Criminalization of Migration

The Criminalization of Migration

Author: Idil Atak

Publisher: McGill-Queen's Press - MQUP

Published: 2018-12-30

Total Pages: 440

ISBN-13: 0773555633

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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.


The Criminalization of Immigration

The Criminalization of Immigration

Author: Alissa Ackerman

Publisher:

Published:

Total Pages: 289

ISBN-13:

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Immigration has become an increasingly popular topic, often leading to passionate and powerful debate. The visceral emotions that stem from such debates transcend fact and pave the way for value conflcts 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 incription on the Statue of Liberty reads, in part, "Give me your tired, your poor, your huddled masses yearing 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 th threatended 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 immigratns. The book explores key ways in which immigration is criminalized, and examines how the problematization of immigration becomes a political tool--back cover.


The Criminalization of Immigration

The Criminalization of Immigration

Author: Robert Hartmann McNamara

Publisher:

Published:

Total Pages: 0

ISBN-13:

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Presents the history of immigration to the United States; its criminalization under the Trump administration; debates over criminalization; effects on immigrants, U.S. residents, and the U.S. economy; and this country's relationships with other nations. This book offers a comprehensive understanding of past and current immigration policy in the United States and exposes falsehoods in the rhetoric and narrative portraying Latino and Mexican immigrants in the U.S. Much support for intensified immigration enforcement and deportation is based on repeated statements by federal officials, including the U.S. president, that immigrants pose a threat to national security, contribute to crime, and take jobs away from native-born residents. The evidence has consistently concluded that these narratives are inaccurate. This text examines white nationalism as a backdrop to understanding the rationale behind current immigration policy and tactics. It examines how political and economic factors, broadly defined as neoliberal policies, shape the immigration narrative. It addresses the criminal justice system's applicability to immigration, law enforcement efforts, problems with immigration courts and judges, and how the detention of immigrants is part of a larger mass incarceration of people of color. Finally, the text offers insight into the reasons for massive migration, with the U.S. contributing to the problem by supporting regimes that endorse or allow humanitarian crisis.


Crimmigration Law

Crimmigration Law

Author: César Cuauhtémoc García Hernández

Publisher:

Published: 2022-05-02

Total Pages: 304

ISBN-13: 9781641059459

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Crimmigration Law is a must-read for law students and practitioners seeking an introduction to the complex legal doctrine and practice challenges at the merger of immigration and criminal law.


The International Law of Migrant Smuggling

The International Law of Migrant Smuggling

Author: Anne T. Gallagher

Publisher: Cambridge University Press

Published: 2014-07-21

Total Pages: 841

ISBN-13: 1107015928

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This book, a companion volume to The International Law of Human Trafficking, presents the first-ever comprehensive and in-depth analysis of the international law of migrant smuggling. The authors call on their direct experience of working with the United Nations to chart the development of new international laws.


Handcuffs and Chain Link

Handcuffs and Chain Link

Author: Benjamin Gonzalez O'Brien

Publisher: University of Virginia Press

Published: 2018-07-25

Total Pages: 192

ISBN-13: 0813941334

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Handcuffs and Chain Link enters the immigration debate by addressing one of its most controversial aspects: the criminalization both of extralegal immigration to the United States and of immigrants themselves in popular and political discourse. Looking at the factors that led up to criminalization, Benjamin Gonzalez O’Brien points to the alternative approach of the Immigration Reform and Control Act of 1986 and how its ultimate demise served to negatively reinforce the fictitious association of extralegal immigrants with criminality. Crucial to Gonzalez O’Brien’s account thus is the concept of the critical policy failure—a piece of legislation that attempts a radically different approach to a major issue but has shortcomings that ultimately further entrench the approach it was designed to supplant. The IRCA was just such a piece of legislation. It highlighted the contributions of the undocumented and offered amnesty to some while attempting to stem the flow of extralegal immigration by holding employers accountable for hiring the undocumented. The failure of this effort at decriminalization prompted a return to criminalization with a vengeance, leading to the stalemate on immigration policy that persists to this day.


The Immigrant Other

The Immigrant Other

Author: Rich Furman

Publisher: Columbia University Press

Published: 2016-03-01

Total Pages: 305

ISBN-13: 0231541139

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The immigrants profiled in The Immigrant Other shed light on a system designed to dehumanize and disenfranchise them, and they describe the difficulty of finding shelter in an increasingly globalized and unsympathetic world. They include Muslims facing discrimination from both the "War on Terror" and the "War on Immigration," Latino day laborers, Filipino immigrants supporting themselves and their families back home, and Brazilian parents terrified of being separated from their naturalized children. Immigrants living in Spain, Australia, Greece, and Qatar are also represented, showcasing the similarities and differences in the treatment of immigrants worldwide. Each chapter in this anthology pairs a description of specific state, national, and transnational immigration laws and regulations with the testimony of individuals struggling to find legitimacy and sanctuary among them.