The Criminalization Of Migration
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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.
The Criminalisation Of Irregular Migration In Europe
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Author : Matilde Rosina
language : en
Publisher: Palgrave Macmillan
Release Date : 2023-03-20
The Criminalisation Of Irregular Migration In Europe written by Matilde Rosina and has been published by Palgrave Macmillan this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-03-20 with Political Science categories.
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.
Causes And Consequences Of Migrant Criminalization
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Author : Neža Kogovšek Šalamon
language : en
Publisher: Springer
Release Date : 2021-07-01
Causes And Consequences Of Migrant Criminalization written by Neža Kogovšek Šalamon and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-07-01 with Law categories.
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 Routledge Handbook On Crime And International Migration
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Author : Sharon Pickering
language : en
Publisher: Routledge
Release Date : 2017-07-14
The Routledge Handbook On Crime And International Migration written by Sharon Pickering and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-14 with Social Science categories.
The Routledge Handbook on Crime and International Migration is concerned with the various relationships between migration, crime and victimization that have informed a wide criminological scholarship often driven by some of the original lines of inquiry of the Chicago School. Historically, migration and crime came to be the device by which Criminology and cognate fields sought to tackle issues of race and ethnicity, often in highly problematic ways. However, in the contemporary period this body of scholarship is inspiring scholars to produce significant evidence that speaks to some of the biggest public policy questions and debunks many dominant mythologies around the criminality of migrants. The Routledge Handbook on Crime and International Migration is also concerned with the theoretical, empirical and policy knots found in the relationship between regular and irregular migration, offending and victimization, the processes and impact of criminalization, and the changing role of criminal justice systems in the regulation and enforcement of international mobility and borders. The Handbook is focused on the migratory ‘fault lines’ between the Global North and Global South, which have produced new or accelerated sites of state control, constructed irregular migration as a crime and security problem, and mobilized ideological and coercive powers usually reserved for criminal or military threats. Offering a strong international focus and comprehensive coverage of a wide range of border, criminal justice and migration-related issues, this book is an important contribution to criminology and migration studies and will be essential reading for academics, students and practitioners interested in this field.
Crimmigration Law
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Author : César Cuauhtémoc García Hernández
language : en
Publisher:
Release Date : 2021
Crimmigration Law written by César Cuauhtémoc García Hernández and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021 with Emigration and immigration law categories.
"At its most basic, "crimmigration" law describes the convergence of two distinct bodies of law: criminal law and procedure with immigration law and procedure. This book lays out crimmigration law's contours. It tracks the legal developments that have created crimmigration law and explains the many ways in which the stark line that once appeared to keep criminal law firmly divided from immi-gration law has melted away. In doing so, it highlights crimmigration law's most salient features-its ability to substantially raise the stakes of criminal prosecutions by dramati-cally expanding the list of crimes that can result in removal from the United States, its willingness to freely rely on crimes that apply only to migrants, and its vast dependence on detention as a means of policing immigration law"--
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.
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 Law 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.
Immigration Outside The Law
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Author : Hiroshi Motomura
language : en
Publisher: Oxford University Press, USA
Release Date : 2014-05
Immigration Outside The Law written by Hiroshi Motomura and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-05 with History categories.
"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"--
The Criminalization Of Migration
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Author : Idil Atak
language : en
Publisher: McGill-Queen's Press - MQUP
Release Date : 2018-12-30
The Criminalization Of Migration written by Idil Atak and has been published by McGill-Queen's Press - MQUP this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-12-30 with Political Science categories.
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.
Migrating To Prison
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Author : César Cuauhtémoc García Hernández
language : en
Publisher: The New Press
Release Date : 2019-12-03
Migrating To Prison written by César Cuauhtémoc García Hernández and has been published by The New Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-12-03 with Political Science categories.
NATIONAL BESTSELLER A powerful, in-depth look at the imprisonment of immigrants, addressing the intersection of immigration and the criminal justice system, with a new epilogue by the author “Argues compellingly that immigrant advocates shouldn’t content themselves with debates about how many thousands of immigrants to lock up, or other minor tweaks.” —Gus Bova, Texas Observer For most of America’s history, we simply did not lock people up for migrating here. Yet over the last thirty years, the federal and state governments have increasingly tapped their powers to incarcerate people accused of violating immigration laws. Migrating to Prison takes a hard look at the immigration prison system’s origins, how it currently operates, and why. A leading voice for immigration reform, César Cuauhtémoc García Hernández explores the emergence of immigration imprisonment in the mid-1980s and looks at both the outsized presence of private prisons and how those on the political right continue, disingenuously, to link immigration imprisonment with national security risks and threats to the rule of law. Now with an epilogue that brings it into the Biden administration, Migrating to Prison is an urgent call for the abolition of immigration prisons and a radical reimagining of who belongs in the United States.