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Author: Idil Atak Publisher: McGill-Queen's Press - MQUP ISBN: 0773555641 Category : Political Science Languages : en Pages : 441
Book Description
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.
Author: Idil Atak Publisher: McGill-Queen's Press - MQUP ISBN: 0773555641 Category : Political Science Languages : en Pages : 441
Book Description
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.
Author: Alissa Ackerman Publisher: ISBN: 9781611633566 Category : Illegal aliens Languages : en Pages : 0
Book Description
Immigration has become an increasingly popular topic often leading to passionate and powerful debate. The visceral emotions that stem from such debates transcends fact and paves the way for value conflicts over what it means to be an American. For most of our history, one of our most important narratives has been that we are a country that was built by and for immigrants. Indeed, the inscription on the Statue of Liberty reads, in part, "Give me your tired, your poor, your huddled masses yearning to breathe free." For many generations we welcomed new generations of immigrants who added new levels of richness and possibility to our nation. This certainly influenced U.S. policy on the handling of immigrants, refugees, and asylum seekers. Yet, at the same time, a coexisting argument threatened this discourse. In this story, America is a country for Americans, and is threatened by "others". While this part of the story is certainly not new, it has resurfaced in the wake of September 11th and, even more recently, has become a political tool utilized to serve the interests of those in power. \ The Criminalization of Immigration: Contexts and Consequences explores these competing narratives and the consequences of criminalizing immigration in the United States and abroad. It examines the impact of national, state, and local legislation on the psychosocial well being of immigrants. The book explores key ways in which immigration is criminalized, and examines how the problematization of immigration becomes a political tool. The first chapters of the book explore the criminalization of immigration through the lens of pacification and the theater of cruelty. In both chapters, the authors seek to understand the process of "othering" members of the immigrant population to exact social control and to mollify the public. These front chapters set the tone for remainder of the book. They provide the impetus for why states have enacted, or have attempted to enact state level immigration laws that make it nearly impossible for the undocumented to live within the boundaries of these states. In section two, three U.S. states are highlighted: Arizona, Alabama, and Indiana. While the chapters on Arizona and Alabama summarize key aspects of state laws, author Sujey Vega highlights the life of one undocumented immigrant as she navigates life in the Heartland. The book then turns its focus to the criminalization of immigration in a socio-political context. Here, four chapters provide explorations of the criminalization of immigration on labor standards enforcement, immigrant detention, the right wing perspective in the United States and in Europe, and white supremacy. Labor standards impact the rate by which undocumented immigrants are paid, which in turn impacts their health and safety within and outside the workplace, protections from workplace discrimination, and collective activity protections. The criminalization of immigration erodes many of the workplace and labor protections that we have come to view as essential. Similarly, the privatization of corrections has influenced the incarceration and detention of many undocumented immigrants and has even influenced the very laws described in section two of this book. If not for the possibility of profiting off of the detention of the undocumented, many of immigration related laws would not have come to fruition. The next section of the book provides a transnational and international context to the criminalization of immigration. With chapters focusing on human rights violations, the transnational dimensions of Mexican migration, the making of the Maras, and the criminalization of immigration in the United Kingdom, these chapters ask the reader to examine the criminalization of immigration from a broader perspective. The reader learns how national issues become international and, likewise how international immigration issues influence national policy. The final chapters of the book put the human face on the criminalization of immigration. Each chapter represents a case study of a specific aspect of the criminalization of immigration. They approach the issue from the viewpoint of a day laborer, an undocumented woman who has become a victim of domestic violence, a child whose parents are undocumented, and a detention officer who wrestles with his decisions to continue his job. Regardless of which chapters one reads, the raw emotion felt by placing oneself in each context is overwhelming. Overall, The Criminalization of Immigration: Contexts and Consequences provides a complete examination of an issue that cuts through emotional value conflicts. It provides the facts and knowledge essential for a fair and balanced debate. PowerPoint slides are available upon adoption. Sample slides from the full 107-slide presentation are available to view here. Email [email protected] for more information.
Author: Matilde Rosina Publisher: Springer Nature ISBN: 3030903478 Category : Political Science Languages : en Pages : 350
Book Description
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.
Author: Professor Salvatore Palidda Publisher: Ashgate Publishing, Ltd. ISBN: 1409497461 Category : Social Science Languages : en Pages : 303
Book Description
Over the last two decades in the West, there has been a significant increase in the arrest, imprisonment and detention of migrants. The racial criminalization and victimization of migrants and Roma people has led judicial authorities, local governments, the police, mass media and the general population to perceive migrants and 'gypsies' as responsible for a wide range of offences. Taking into consideration the political and cultural conditions that affect and interconnect societies of emigration and immigration, the contributors examine and compare a range of cases in Europe and the United States. The contributions demonstrate how the persecution of the 'current enemy' is the 'total political fact' of the 21st century in that it ensures consensus and business, or what might be termed the 'crime deal' of today. This provocative book has international appeal and will be a valuable resource for academics, researchers and policymakers with an interest in migration and social and ethnic control.
Author: Valsamis Mitsilegas Publisher: Springer ISBN: 331912658X Category : Law Languages : en Pages : 110
Book Description
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.
Author: César Cuauhtémoc García Hernández Publisher: The New Press ISBN: 1620978350 Category : Political Science Languages : en Pages : 152
Book Description
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.
Author: Hiroshi Motomura Publisher: Oxford University Press ISBN: 0199385300 Category : Law Languages : en Pages : 272
Book Description
In 1975, Texas adopted a law allowing school districts to bar children from public schools if they were in the United States unlawfully. The US Supreme Court responded in 1982 with a landmark decision, Plyler v. Doe, that kept open the schoolhouse doors, allowing these children to get the education that state law would have denied. The Court established a child's constitutional right to attend public elementary and secondary schools, regardless of immigration status. With Plyler, three questions emerged that have remained central to the national conversation about immigration outside the law: What does it mean to be in the country unlawfully? What is the role of state and local governments in dealing with unauthorized migration? Are unauthorized migrants "Americans in waiting?" Today, as the United States weighs immigration reform, debates over "illegal" or "undocumented" immigrants have become more polarized than ever. In Immigration Outside the Law, acclaimed immigration law expert Hiroshi Motomura, author of the award-winning Americans in Waiting, offers a framework for understanding why these debates are so contentious. In a reasoned, lucid, and careful discussion, he explains the history of unauthorized migration, the sources of current disagreements, and points the way toward durable answers. In his refreshingly fair-minded analysis, Motomura explains the complexities of immigration outside the law for students and scholars, policy-makers looking for constructive solutions, and anyone who cares about this contentious issue.
Author: Patrisia Macías-Rojas Publisher: NYU Press ISBN: 1479820822 Category : Social Science Languages : en Pages : 240
Book Description
Winner, 2017 Oliver Cromwell Cox Book Award 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 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.
Author: César Cuauhtémoc García Hernández Publisher: ISBN: 9781641059459 Category : Family & Relationships Languages : en Pages : 304
Book Description
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.
Author: Idil Atak
Author: Idil Atak
Author: Alissa Ackerman
Author: Matilde Rosina
Author: Professor Salvatore Palidda
Author: Valsamis Mitsilegas
Author: César Cuauhtémoc García Hernández
Author: Hiroshi Motomura
Author: Patrisia Macías-Rojas
Author: César Cuauhtémoc García Hernández
Author: