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Causes and Consequences of Migrant Criminalization

✍ Scribed by Neža Kogovšek Šalamon


Publisher
Springer International Publishing;Springer
Year
2020
Tongue
English
Leaves
302
Series
Ius Gentium: Comparative Perspectives on Law and Justice 81
Edition
1st ed.
Category
Library

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✦ Synopsis


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.


✦ Table of Contents


Front Matter ....Pages i-viii
Front Matter ....Pages 1-1
Global Crimmigration Trends (Neža Kogovšek Šalamon, Barry Frett, Elizabeth Stark Ketchum)....Pages 3-25
Criminalizing Migration, Ending Rights: The Case of United States Crimmigration Law (César Cuauhtémoc García Hernández)....Pages 27-41
Governing Felonious Foreigners Through Crimmigration Controls in Australia: Administering Additional Punishments? (Peter Billings)....Pages 43-68
Less Than Criminals: Crimmigration “Law” and the Creation of the Dual State (Vlasta Jalušič)....Pages 69-87
Front Matter ....Pages 89-89
The Rhetoric of European Migration Policy and Its Role in Criminalization of Migration (Tjaša Učakar)....Pages 91-108
The Effectiveness of the EU Return Policy at All Costs: The Punitive Use of Administrative Pre-removal Detention (Izabella Majcher)....Pages 109-129
EU Conditionality in the Western Balkans: Does It Lead to Criminalisation of Migration? (Neža Kogovšek Šalamon)....Pages 131-155
Pushback as a Technology of Crimmigration (Emina Bužinkić, Maddalena Avon)....Pages 157-170
Crimmigration and Nationalist Paranoia (Veronika Bajt)....Pages 171-189
Front Matter ....Pages 191-191
Refugees and the Misuse of the Criminal Law (Yewa S. Holiday)....Pages 193-212
Expulsion on the Grounds of Public Policy or Public Security: What Are the Limits of Punishment? (Christelle Macq)....Pages 213-233
On the Use of Asylum Testimonies in Criminal and Quasi-Criminal Proceedings: H. and J. v the Netherlands and Jaballah (Re) (Didem Doğar)....Pages 235-261
“Time Bandits”: Time as a Factor of the “Criminalisation of Legality” of Asylum Seekers. An Example from Trieste, Italy (Davide Pittioni, Tomaž Gregorc)....Pages 263-285
Migrant Objectification in Television News Discourse in the Context of Criminalisation: An Example Concerning Slovenian Public Television Broadcast News (Rok Smrdelj, Jože Vogrinc)....Pages 287-305

✦ Subjects


Law; Private International Law, International & Foreign Law, Comparative Law; International Criminal Law; European Law


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