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: 441

ISBN-13: 0773555641

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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.


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.


Punishing Immigrants

Punishing Immigrants

Author: Charis E. Kubrin

Publisher: NYU Press

Published: 2012-10-15

Total Pages: 273

ISBN-13: 0814749496

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Arizona’s controversial new immigration bill is just the latest of many steps in the new criminalization of immigrants. While many cite the presumed criminality of illegal aliens as an excuse for ever-harsher immigration policies, it has in fact been well-established that immigrants commit less crime, and in particular less violent crime, than the native-born and that their presence in communities is not associated with higher crime rates. Punishing Immigrants moves beyond debunking the presumed crime and immigration linkage, broadening the focus to encompass issues relevant to law and society, immigration and refugee policy, and victimization, as well as crime. The original essays in this volume uncover and identify the unanticipated and hidden consequences of immigration policies and practices here and abroad at a time when immigration to the U.S. is near an all-time high. Ultimately, Punishing Immigrants illuminates the nuanced and layered realities of immigrants’ lives, describing the varying complexities surrounding immigration, crime, law, and victimization. Podcast: Susan Bibler Coutin, on the process and effects of deportation —Listen here.


Governance Beyond the Law

Governance Beyond the Law

Author: Abel Polese

Publisher: Springer

Published: 2019-03-29

Total Pages: 372

ISBN-13: 3030050394

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This volume explores the continuous line from informal and unrecorded practices all the way up to illegal and criminal practices, performed and reproduced by both individuals and organisations. The authors classify them as alternative, subversive forms of governance performed by marginal (and often invisible) peripheral actors. The volume studies how the informal and the extra-legal unfold transnationally and, in particular, how and why they have been/are being progressively criminalized and integrated into the construction of global and local dangerhoods; how the above-mentioned phenomena are embedded into a post-liberal security order; and whether they shape new states of exception and generate moral panic whose ultimate function is regulatory, disciplinary and one of crafting practices of political ordering.


Crossing the Border

Crossing the Border

Author: Jorge Durand

Publisher: Russell Sage Foundation

Published: 2004-08-11

Total Pages: 356

ISBN-13: 1610441737

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Discussion of Mexican migration to the United States is often infused with ideological rhetoric, untested theories, and few facts. In Crossing the Border, editors Jorge Durand and Douglas Massey bring the clarity of scientific analysis to this hotly contested but under-researched topic. Leading immigration scholars use data from the Mexican Migration Project—the largest, most comprehensive, and reliable source of data on Mexican immigrants currently available—to answer such important questions as: Who are the people that migrate to the United States from Mexico? Why do they come? How effective is U.S. migration policy in meeting its objectives? Crossing the Border dispels two primary myths about Mexican migration: First, that those who come to the United States are predominantly impoverished and intend to settle here permanently, and second, that the only way to keep them out is with stricter border enforcement. Nadia Flores, Rubén Hernández-León, and Douglas Massey show that Mexican migrants are generally not destitute but in fact cross the border because the higher comparative wages in the United States help them to finance homes back in Mexico, where limited credit opportunities makes it difficult for them to purchase housing. William Kandel's chapter on immigrant agricultural workers debunks the myth that these laborers are part of a shadowy, underground population that sponges off of social services. In contrast, he finds that most Mexican agricultural workers in the United States are paid by check and not under the table. These workers pay their fair share in U.S. taxes and—despite high rates of eligibility—they rarely utilize welfare programs. Research from the project also indicates that heightened border surveillance is an ineffective strategy to reduce the immigrant population. Pia Orrenius demonstrates that strict barriers at popular border crossings have not kept migrants from entering the United States, but rather have prompted them to seek out other crossing points. Belinda Reyes uses statistical models and qualitative interviews to show that the militarization of the Mexican border has actually kept immigrants who want to return to Mexico from doing so by making them fear that if they leave they will not be able to get back into the United States. By replacing anecdotal and speculative evidence with concrete data, Crossing the Border paints a picture of Mexican immigration to the United States that defies the common knowledge. It portrays a group of committed workers, doing what they can to realize the dream of home ownership in the absence of financing opportunities, and a broken immigration system that tries to keep migrants out of this country, but instead has kept them from leaving.