Controlling Immigration Through Criminal Law

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Controlling Immigration Through Criminal Law

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Author : Gian Luigi Gatta
language : en
Publisher: Bloomsbury Publishing
Release Date : 2021-01-14

Controlling Immigration Through Criminal Law written by Gian Luigi Gatta and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-01-14 with Law categories.

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.

Race Criminal Justice And Migration Control

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Author : Mary Bosworth
language : en
Publisher: Oxford University Press
Release Date : 2018

Race Criminal Justice And Migration Control written by Mary Bosworth and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with Social Science categories.

In an era of mass mobility, those who are permitted to migrate and those criminalised, controlled, and prohibited from migrating are heavily patterned by race. This volume places race at the centre of its analysis; 14 chapters examine, question, and explain the growing intersection between criminal justice and migration control.

Social Control And Justice

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Author : Maria João Guia
language : en
Publisher:
Release Date : 2013

Social Control And Justice written by Maria João Guia and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Law categories.

This book offers a fresh, multi-disciplinary, and international examination of a phenomenon that has altered the landscape of migration in the United States and is now taking root in Canada and throughout Europe: 'crimmigration law.' Crimmigration law consists of the letter and practice of laws and policies at the intersection of criminal law and immigration law. Crimmigration scholars study the creation of laws and policies, their enforcement, as well as the institutional dynamics that create crimmigration law and are created by it. Many have written about the use of crimmigration law to exert social control over groups marginalized by ethnic bias, class, or citizenship status. This book's contents include: Crimmigration, Securitization, and the Criminal Law of the Crimmigrant * A Reflection on Crimmigration in the Netherlands * Entering the Risk Society: A Contested Terrain for Immigration Enforcement * The Changing Landscape of the Criminalization of Migration in Europe * Disappearing Rights: How States Are Eroding Membership in American Society * The Impact of Immigration Enforcement Outsourcing on Ice Priorities * The Spirit of Crimmigration * Crime and Immigration: The Discourses of Fear as a Theoretical Approach of Critical Evaluation * Recorded Crime Committed by Migrant Groups and Native Dutch in the Netherlands * The Foreign-Born in the Canadian Federal Correctional Population * The Impact of Safety on Levels of Ethnocentrism * The Control of Irregular Migrants and the Criminal Law of the Enemy * Crime among Irregular Immigrants and the Influence of Crimmigration Processes * The Wide Scope of Immigration in the Azores and Its Relationship with Crime * Irregular Immigrants and Their Irish Citizen Children: The Limits of National Citizenship * The Treaty of Prum * Unauthorized Migration

The Borders Of Punishment

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Author : Katja Franko Aas
language : en
Publisher: OUP Oxford
Release Date : 2013-07-11

The Borders Of Punishment written by Katja Franko Aas and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-07-11 with Law categories.

The Borders of Punishment: Migration, Citizenship, and Social Exclusion critically assesses the relationship between immigration control, citizenship, and criminal justice. It reflects on the theoretical and methodological challenges posed by mass mobility and its control and for the first time, sets out a particular sub-field within criminology, the criminology of mobility. Drawing together leading international scholars with newer researchers, the book systematically outlines why criminology and criminal justice should pay more attention to issues of immigration and border control. Contributors consider how 'traditional' criminal justice institutions such as the criminal law, police, and prisons are being shaped and altered by immigration, as well as examining novel forms of penality (such as deportation and detention facilities), which have until now seldom featured in criminological studies and textbooks. In so doing, the book demonstrates that mobility and its control are matters that ought to be central to any understanding of the criminal justice system. Phenomena such as the controversial use of immigration law for the purposes of the war on terror, closed detention centres, deportation, and border policing, raise in new ways some of the fundamental and enduring questions of criminal justice and criminology: What is punishment? What is crime? What should be the normative and legal foundation for criminalization, for police suspicion, for the exclusion from the community, and for the deprivation of freedom? And who is the subject of rights within a society and what is the relevance of citizenship to criminal justice?

The Criminalisation Of Migration In Europe

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Author : Valsamis Mitsilegas
language : en
Publisher: Springer
Release Date : 2014-10-31

The Criminalisation Of Migration In Europe written by Valsamis Mitsilegas and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-10-31 with Law categories.

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.

Privatising Border Control

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Author :
language : en
Publisher: Oxford University Press
Release Date : 2022-11-07

Privatising Border Control written by and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-11-07 with Law categories.

In recent years, many breaches of immigration law have been criminalised. Foreign nationals are now routinely identified in court and in prison as subjects for deportation. Police at the border and within the territory refer foreign suspects to immigration authorities for expulsion. Within the immigration system, new institutions and practices rely on criminal justice logic and methods. In these examples, it is not the state that controls the national border: instead, it is often privately contracted companies. This collection of essays explores the growing use of the private sector and private actors in border control and its implications for our understanding of state sovereignty and citizenship. Privatising Border Control is an important empirical and theoretical contribution to the growing, interdisciplinary body of scholarship on border control. It also contributes to the academic inquiry into the growing privatisation of policing and punishment. These domains, once regarded as central to the state's police power and its monopoly on violence, are increasingly outsourced to private providers. With contributions from scholars across a range of jurisdictions and disciplines, including Criminology, Law, and Political Science, Privatising Border Control provides a novel and comparative account of contemporary border control policy and practice. This is a must-read for academics, practitioners, and policymakers interested in immigration law and the growing use of the private sector and private actors in border control.

Immigration And Criminal Law In The European Union

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Author : Elspeth Guild
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2006

Immigration And Criminal Law In The European Union written by Elspeth Guild and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Law categories.

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.

Outside Justice

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Author : David C Brotherton
language : en
Publisher: Springer Science & Business Media
Release Date : 2013-05-27

Outside Justice written by David C Brotherton and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-05-27 with Social Science categories.

Outside Justice: Undocumented Immigrants and the Criminal Justice System fills a clear gap in the scholarly literature on the increasing conceptual overlap between popular perceptions of immigration and criminality, and its reflection in the increasing practical overlap between criminal justice and immigration control systems. Drawing on data from the United States and other nations, scholars from a range of academic disciplines examine the impact of these trends on the institutions, communities, and individuals that are experiencing them. Individual entries address criminal victimization and labor exploitation of undocumented immigrant communities, the effects of parental detention and deportation on children remaining in destination countries, relations between immigrant communities and law enforcement agencies, and the responses of law enforcement agencies to drastic changes in immigration policy, among other topics. Taken as a whole, these essays chart the ongoing progression of social forces that will determine the well-being of Western democracies throughout the 21st century. In doing so, they set forth a research agenda for reexamining and challenging the goals of converging criminal justice and immigration control policy, and raise a number of carefully considered, ethical alternatives to the contemporary policy status quo.​​Contemporary immigration is the focus of highly charged rhetoric and policy innovation, both attempting to define the movement of people across national borders as fundamentally an issue of criminal justice. This realignment has had profound effects on criminal justice policy and practice and immigration control alike, and raises far-reaching implications for social inclusion, labor economies, community cohesion, and a host of other areas of immediate interest to social science researchers and practitioners.

The Crimmigrant Other

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Author : Katja Franko
language : en
Publisher: Routledge
Release Date : 2019-12-06

The Crimmigrant Other written by Katja Franko and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-12-06 with Law categories.

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.

Criminal Justice Research In An Era Of Mass Mobility

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Author : Andriani Fili
language : en
Publisher: Routledge
Release Date : 2018-05-08

Criminal Justice Research In An Era Of Mass Mobility written by Andriani Fili and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-05-08 with Social Science categories.

We live in an era of mass mobility where governments remain committed to closing borders, engaging with securitisation discourses and restrictive immigration policies, which in turn nurture xenophobia and racism. It is within this wider context of social and political unrest that the contributors of this collection reflect on their experiences of conducting criminological research. This collection focuses on the challenges of doing research on the intersections between criminal justice and immigration control, choosing and changing methodologies while juggling the disciplinary and interdisciplinary requirements of the work’s audience. From research design, to fieldwork to writing-up, this book captures every part of the research process, drawing on a range of topics such as migration control, immigrant detention and border policing. It also reflects on more neglected areas such as the interpersonal and institutional contexts of research and the ontological and epistemological assumptions embedded within data analysis methods. It makes a significant contribution to our understanding of the major developments in current research in this field, how and why they occur and with what consequences. This book seeks to shake off the phantom of undisturbed research settings by bringing to the fore the researchers' involvement in the research process and its products. An interdisciplinary collection, it can be used as a reference not just for those interested in the criminology of mobility but also as a learning tool for anyone conducting research on a highly charged topic in contemporary policy and politics.