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. 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.
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.
Immigration is among the most prominent, enduring, and contentious features of our globalized world. Yet, there is little systematic, cross-national research on why countries "do what they do" when it comes to their immigration policies. Rights, Deportation, and Detention in the Age of Immigration Control addresses this gap by examining what are arguably the most contested and dynamic immigration policies—immigration control—across 25 immigrant-receiving countries, including the U.S. and most of the European Union. The book addresses head on three of the most salient aspects of immigration control: the denial of rights to non-citizens, their physical removal and exclusion from the polity through deportation, and their deprivation of liberty and freedom of movement in immigration detention. In addition to answering the question of why states do what they do, the book describes contemporary trends in what Tom K. Wong refers to as the machinery of immigration control, analyzes the determinants of these trends using a combination of quantitative analysis and fieldwork, and explores whether efforts to deter unwanted immigration are actually working.
"A 1975 state-wide law in Texas made it legal for school districts to bar students from public schools if they were in the country illegally, thus making it extremely difficult or even possible for scores of children to receive an education. The resulting landmark Supreme Court case, Plyler v. Doe (1982), established the constitutional right of children to attend public elementary and secondary schools regardless of legal status and changed how the nation approached the conversation about immigration outside the law. Today, as the United States takes steps towards immigration policy reform, Americans are subjected to polarized debates on what the country should do with its "illegal" or "undocumented" population. In Immigration Outside the Law, acclaimed immigration law expert Hiroshi Motomura takes a neutral, legally-accurate approach in his attention and responses to the questions surrounding those whom he calls "unauthorized migrants." In a reasoned and careful discussion, he seeks to explain why unlawful immigration is such a contentious debate in the United States and to offer suggestions for what should be done about it. He looks at ways in which unauthorized immigrants are becoming part of American society and why it is critical to pave the way for this integration. In the final section of the book, Motomura focuses on practical and politically viable solutions to the problem in three public policy areas: international economic development, domestic economic policy, and educational policy. Amidst the extreme opinions voiced daily in the media, Motomura explains the complicated topic of immigration outside the law in an understandable and refreshingly objective way for students and scholars studying immigration law, policy-makers looking for informed opinions, and any American developing an opinion on this contentious issue"--
This book examines the role of criminal law in the enforcement of immigration controls in the UK, critically analyses the process of formal criminalization of immigration status, and explores whether and how these offences are enforced in practice.
This book provides a clear picture of the issues of legal and social legitimacy which surround criminal measures relating to trafficking in human beings in six Member States and the EU. It includes and explains the legal nature of the types of measures which have been adopted and the presentation of criminal sanctions and the positions taken by key actors in civil society.
On any given day nearly 3000 foreign national citizens are detained under immigration powers in UK detention centres alone. Around the world immigrants are routinely detained in similar conditions. The institutions charged with immigrant detention are volatile and contested sites. They are also places about which we know very little. What is their goal? How do they operate? How are they justified? Inside Immigration Detention lifts the lid on the hidden world of migrant detention, presenting the first national study of life in British immigration removal centres. Offering more than just a description of life behind bars of those men and women awaiting deportation, it uses staff and detainee testimonies to revisit key assumptions about state power and the legacies of colonialism under conditions of globalization. Based on fieldwork conducted in six immigration removal centres (IRCs) between 2009 and 2012, it draws together a large amount of empirical data including: detainee surveys and interviews, staff interviews, observation, and detailed field notes. From this, the book explores how immigration removal centres identify their inhabitants as strangers, constructing them as unfamiliar, ambiguous and uncertain. In this endeavour, the establishments are greatly assisted by their resemblance to prisons and by familiar racialized narratives about foreigners and nationality. However, as staff and detainee testimonies reveal, in their interactions and day-to-day life women and men find many points of commonality. Such recognition of one another reveals the goal and effect of detention to be incomplete. Denial requires effort. In order to minimize the effort it must expend, the state 'governs at distance', via the contract. It also splits itself in two, deploying some immigration staff onsite, while keeping the actual decision-makers (the caseworkers) elsewhere, sequestered from the potentially destabilizing effects of facing up to those whom they wish to remove. Such distancing, while bureaucratically effective, contributes to the uncertainty of daily life in detention, and is often the source of considerable criticism and unease. Denial and familiarity are embodied and localized activities, whose pains and contradictions inhere in concrete relationships.
"Criminal prosecutions for immigration offenses have more than doubled over the last two decades, as national debates about immigration and criminal justice reforms became headline topics. What lies behind this unprecedented increase? From Deportation to Prison unpacks how the incarceration of over two million people in the United States gave impetus to a federal immigration initiative--The Criminal Alien Program (CAP)--designed to purge non-citizens from dangerously overcrowded jails and prisons. Drawing on over a decade of ethnographic and archival research, the findings in this book reveal how the Criminal Alien Program quietly set off a punitive turn in immigration enforcement that has fundamentally altered detention, deportation, and criminal prosecutions for immigration offenses. Patrisia Macías-Rojas presents a "street-level" perspective on how this new regime has serious lived implications for the day-to-day actions of Border Patrol agents, local law enforcement, civil and human rights advocates, and for migrants and residents of predominantly Latina/o border communities. From Deportation to Prison presents a thorough and captivating exploration of how mass incarceration and law and order policies of the past forty years have transformed immigration and border enforcement in unexpected and important ways."--Back cover.
The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. This innovative casebook approaches immigration law and policy from a public interest perspective with a special emphasis on issues of social justice. Along with cases and statutory material, Immigration Law and Social Justice employs a variety of materials from appellate cases, client examples, article excerpts, and hypotheticals. These materials not only provide the basic framework for immigration law, but also engage students with the greater social, political, and economic context necessary to understand the movement of immigrants to the United States, as well as the human impact of immigration law enforcement and administration. Through examples, notes and questions that raise the social, racial, and political questions of admission and enforcement, as well as discussion of public interest lawyers’ strategies, this casebook advances students’ understanding of the creative approaches used in the field. Ultimately, this book encourages students to think broadly about relevant social, economic, and political forces. New to the Second Edition: Supreme Court decisions on expedited removal and DACA Analysis of the Trump administration approaches to relief from removal, judicial review, and the rights of noncitizens Major Supreme Court decisions, including Trump v. Hawaii (Muslim ban) and Dimaya v. Sessions (2018) (aggravated felonies) Administrative decisions such as Matter of A-C-M- (material support bar), Matter of A-B- (domestic violence and particular social group) Developments in how immigration courts define convictions Additional/updated material on: History of U.S. immigration laws Race-conscious lawyering; racial justice and immigrant rights New ICE enforcement guidance under the Biden administration; U.S. v. California (upholding California’s sanctuary policies) Citizenship for orphans; renunciation of citizenship Public charge grounds and Title 42 COVID exclusions; I-601A waiver; firearms offenses; crimes involving moral turpitude Restrictions on bond hearings imposed by the Trump administration; monitoring of children’s detention centers under Flores settlement; Zepeda Rivas v. Jennings (requirements on ICE detention facilities in light of COVID-19) Border wall and related litigation; Operation Streamline; worksite enforcement; state and local cooperation Pereira v. Sessions and Niz-Chavez v. Garland (defective Notice to Appear and eligibility for cancellation of removal); cancellation of removal Examination of right to counsel for minors and for non-detained respondents with mental challenges; ineffective assistance of counsel; restrictions imposed by Trump administration on immigration court continuances; problems with distance videoconference hearings New refugee numbers under the Biden administration; past persecution; membership in particular social groups Professors and student will benefit from: Deep background on the social context of immigration law and its enforcement in the context of a sophisticated examination of the technicalities of relevant statutory and administrative law Materials encouraging students to learn relevant law with an eye toward potential advocacy, including litigation strategies, and which challenge students to evaluate critically the mutually constitutive work of race and immigration law Contextual background to understand immigration and immigration enforcement Unique focus on immigration and social justice, as well as public interest immigration lawyering Focus on issues of contemporary relevance, highlighting some of the most contentious areas of immigration law and policy Materials designed to facilitate student understanding of the letter of immigration law, and to encourage students to think creatively about possible reform Integrated critical materials exploring the role of race, class, religion, gender, and disability in immigration law and policy Problems designed to encourage active learning and application of law
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.
