Crimmigration Law: Global Crimes (Border Criminology) PDF

Global crimes (border criminology) VALERIA FERRARIS T H U R S D AY A N D F R I D AY 2-4 PM What is migration? IOM define migration as: “The movement of a person or a group of persons, either across an international border, or within a State. It is a population movement, encom...

Global crimes (border criminology) VALERIA FERRARIS T H U R S D AY A N D F R I D AY 2-4 PM What is migration? IOM define migration as: “The movement of a person or a group of persons, either across an international border, or within a State. It is a population movement, encompassing any kind of movement of people, whatever its length, composition and causes; it includes migration of refugees, displaced persons, economic migrants, and persons moving for other purposes, including family reunification.” Migration began with industrialization when people migrated from farms to cities in search of work. Effect of living in a globalized world: one may seek work in Dubai, Australia or else may study in different countries, etc. Words Highly skilled worker Seasonal worker Stateless person Long-term resident Asylum seeker Overstayers Applicant for international protection Foreigner Illegal immigrant Refugee Non-EU national International protection holder Environmental migrant Immigrant Economic migrant Migrant Emigrant Is all migration the same? Often these categories are used interchangeably and are blurred. Their use is connected to issues of race, ethnicity and the idea of being “a foreigner” somewhere. Understanding Mobility à Control of Mobility Contemporary mobilities challenge the state apparatus of control Borders are central sites of management and control Bordering practices now dispersed throughout society Stratification of population (Bauman): the immobile underclass/mobile upper class. Some require to move freely and fast everywhere, others cannot move. Classification of mobilities Desirable/Undesirable Skilled/Unskilled Reasons § Ease of integration? § Relationship to Class ? § Or Citizenship? Migration control as a criminological problem Border as a location of punishment. Objections: 1) Border crossing is not a crime 2) Immigration law enforcement is not a form of punishment. Migration control as a criminological problem 1) Criminalisation of migration 2) The emergence of the industry of border control 3) Which pains are inflicted or rights withdrawn as a penality for infraction and which are the justifications.  Criminalisation of migration Nothing new. But modalities change. Increased criminalization of migration (also related to terrorism threat) And more recently also ‘criminalization of solidarity’ – Criminalization of migration – means the criminalization of mobility of people. 10/11/24 Crimmigration thesis S T U M P F, J. P. ( 2 0 0 6 ) « T H E C R I M M I G R AT I O N C R I S I S : I M M I G R A N T S , CRIME, AND SOVEREIGN POWER», IN SAMPLE FOOTER TEXT A M E R I C A N U N I V E R S I T Y L A W R E V I E W, 5 6 , 367. 9 Crimmigration law: how and why CRIMMIGRATION LAW à Merging of immigration law (administrative law) and criminal law. Focus: originally US, then, also Europe What happened? What are the theoretical foundations of the merging? ) How did the merging happen?  Crimmigration WHAT? Analysis of the impact of legal and policy reforms implemented in the US in the 1990s and 2000s. Although immigration law and criminal law were traditionally two distinct and unrelated legal branches, they have been recently merged into a new legal order, which differs from its two components. Crimmigration merger is the outcome of two processes: The criminalisation of immigration law and, The ‘immigrationization’ of criminal law It pursues both border control + crime prevention agendas. Crime is being governed through migration laws and human mobility through criminal law.  Crimmigration WHAT? Stumpf identifies three fronts of criminal policy : 1) criminal law consequences for immigration law violations; 2) immigration law consequences to criminal convictions; 3) criminal-type tools and procedures for immigration law violations Description of the merging of criminal and migration law (HOW) The substance of immigration law and criminal law increasingly overlaps; Deportation for criminal conducts Immigration-related criminal offences Detention and deportation for people perceived at risk (terrorism) Immigration enforcement has come to resemble criminal law enforcement (but with important differences) The procedural aspects of prosecuting immigration violations have taken on many of the characteristics of criminal procedures. 10/11/24 Some examples Criminalisation of immigration law breaches (immigration crimes) à migrants become criminals for not having right documents. What harm? What level of culpability? Deportation added to sentences in criminal cases Penalties for employers, airliners, house owners, etc Similar law enforcement agencies and instruments (police, FRONTEX, immigration detention) Both criminal law and immigration law expand the exercise of social control over people seen as outsiders 14 «Using exclusion or deportation to punish criminal offenses and prevent recidivism may be efficient, but it circumvents criminal constitutional protections and fails to account for serious costs to the noncitizen, family members, employers and the community» (p. 396) Why crimmigration law? Core function played by criminal law and migration law in our societies «Both systems act as gatekeepers of membership in our society» (Stumpf, 2006, p. 396) Both immigration law and criminal law are tools for defining membership (inclusion/exclusion) à Migrant à Offender The convergence of immigration control and crime control The convergence of immigration enforcement and criminal justice systems had been facilitated also by fundamental shifts in governamental thinking that are common to both systems: 1) New penology «pre-emptive approach» à risk management 2) Populist punitiveness (law and order policy to gain consensus) The Industry of border control: Technology The rising of the Computational turn (Hildebrandt et al, 2013). Technology provides new ‘physical’ means of control (drones, radar, X-ray, lie detection technologies, etc.) and tools for targeted governance (Valverde e Mopas, 2004), such as large-scale biometric databases. More recently, AI technologies are proliferating in the migration domain to forecast movements, trends, and levels of risk. A MASSIVE DATA COLLECTION Technology driven borderscape In recent years, the EU established multi-purpose large scale databases, IT system or information exchange system in the areas of asylum, borders and visa. The instruments require the collection and the processing of personal data on third-country nationals. Three centralised databases in place since several years (SIS VIS EURODAC) and two are under implementation (EES and ETIAS), all under the management of EU-LISA. q SIS – Schengen Information System q EURODAC – European Dactyloscopy q VIS – Visa Information System q EES – Entry-Exit System q ETIAS – European Travel information system The systems will be interoperable due to the recent adopted Interoperability initiative. Also the European criminal records information system (ECRIS-TCN) is part of the interoperability initiative.  The Industry of border control: border police Police beyond the border (eg Frontex) & within the border Police as border enforcers, but also humanitarian actors Border police work is similar to other police work Who are the police & who do they work with in policing migration? (eg public, landlords, universities, immigration enforcement)  The Industry of border control: immcarceration The emergence of immigration detention Deportation The Pains Deaths Does the infliction of these harm amount to punishment ? Contemporary research shows that there is punitive intent and a deterrent function. See you next week! T H U R S D AY A N D F R I D AY 2-4 PM