Causes and Consequences of Migrant Criminalization

1. Front Matter

   Pages i-viii

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2. Crimmigration Across the Globe

   1. Front Matter

      Pages 1-1

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   2. Global Crimmigration Trends

      • Neža Kogovšek Šalamon, Barry Frett, Elizabeth Stark Ketchum

      Pages 3-25

   3. Criminalizing Migration, Ending Rights: The Case of United States Crimmigration Law

      • César Cuauhtémoc García Hernández

      Pages 27-41

   4. Governing Felonious Foreigners Through Crimmigration Controls in Australia: Administering Additional Punishments?

      • Peter Billings

      Pages 43-68

   5. Less Than Criminals: Crimmigration “Law” and the Creation of the Dual State

      • Vlasta Jalušič

      Pages 69-87

3. European Union and Its Neighbourhood Policies

   1. Front Matter

      Pages 89-89

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   2. The Rhetoric of European Migration Policy and Its Role in Criminalization of Migration

      • Tjaša Učakar

      Pages 91-108

   3. The Effectiveness of the EU Return Policy at All Costs: The Punitive Use of Administrative Pre-removal Detention

      • Izabella Majcher

      Pages 109-129

   4. EU Conditionality in the Western Balkans: Does It Lead to Criminalisation of Migration?

      • Neža Kogovšek Šalamon

      Pages 131-155

   5. Pushback as a Technology of Crimmigration

      • Emina Bužinkić, Maddalena Avon

      Pages 157-170

   6. Crimmigration and Nationalist Paranoia

      • Veronika Bajt

      Pages 171-189

4. State Coercion of Migrants

   1. Front Matter

      Pages 191-191

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   2. Refugees and the Misuse of the Criminal Law

      • Yewa S. Holiday

      Pages 193-212

   3. Expulsion on the Grounds of Public Policy or Public Security: What Are the Limits of Punishment?

      • Christelle Macq

      Pages 213-233

   4. 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

   5. “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

   6. 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

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.

• Migrant Criminalisation
• Immigration Detention
• Criminal Prosecution of Refugees for Illegal Entry
• European Union Migration and Asylum Law
• Informal Pushbacks of Migrants
• Global Crimmigration Trends
• Refugee Rights
• Externalization of Migration Control
• Refugee Crisis
• European Union Enlargement Conditionality

• Peace Institute, Ljubljana, Slovenia

  Neža Kogovšek Šalamon

Neža Kogovšek Šalamon is a Senior Researcher and Director of the Peace Institute, Slovenia. As a Ron Brown Fellow (2003/04), she holds an LL.M. in International Human Rights Law from the University of Notre Dame, USA (2004) and a PhD in law from the University of Ljubljana (2011). She was a Visiting Researcher at the University of Palermo (2016). She is a member of the Odysseus Academic Network, ILA Committee on Human Rights in Times of Emergency, and ECRI at the Council of Europe (2018). She was voted among the top 10 most influential lawyers in Slovenia (2016) and was nominated as a member of 40 Young European Leaders (2017).

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