Crimmigration Law


Author: César Cuauhtémoc García Hernández
Publisher: N.A
ISBN: 9781627223874
Category: Law
Page: 292
View: 3849

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Crimmigration Law provides readers with a fundamental understanding of this developing area of law, tracks the legal developments that have created crimmigration law, and explains the many ways that the line between criminal law and immigration law has melted away.

Social Control and Justice

Crimmigration in the Age of Fear
Author: Maria João Guia,Joanne van der Leun
Publisher: Eleven International Pub
ISBN: 9789490947781
Category: Law
Page: 340
View: 9475

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This book offers a fresh, multi-disciplinary, and international examination of a phenomenon that has altered the landscape of migration in the United States and is now taking root in Canada and throughout Europe: 'crimmigration law.' Crimmigration law consists of the letter and practice of laws and policies at the intersection of criminal law and immigration law. Crimmigration scholars study the creation of laws and policies, their enforcement, as well as the institutional dynamics that create crimmigration law and are created by it. Many have written about the use of crimmigration law to exert social control over groups marginalized by ethnic bias, class, or citizenship status. This book's contents include: Crimmigration, Securitization, and the Criminal Law of the Crimmigrant * A Reflection on Crimmigration in the Netherlands * Entering the Risk Society: A Contested Terrain for Immigration Enforcement * The Changing Landscape of the Criminalization of Migration in Europe * Disappearing Rights: How States Are Eroding Membership in American Society * The Impact of Immigration Enforcement Outsourcing on Ice Priorities * The Spirit of Crimmigration * Crime and Immigration: The Discourses of Fear as a Theoretical Approach of Critical Evaluation * Recorded Crime Committed by Migrant Groups and Native Dutch in the Netherlands * The Foreign-Born in the Canadian Federal Correctional Population * The Impact of Safety on Levels of Ethnocentrism * The Control of Irregular Migrants and the Criminal Law of the Enemy * Crime among Irregular Immigrants and the Influence of Crimmigration Processes * The Wide Scope of Immigration in the Azores and Its Relationship with Crime * Irregular Immigrants and Their Irish Citizen Children: The Limits of National Citizenship * The Treaty of Prum * Unauthorized Migration

Understanding Immigration Law


Author: Kevin R. Johnson,Raquel Aldana,Bill Ong Hing,Leticia Saucedo
Publisher: LexisNexis
ISBN: 0769881971
Category: Law
Page: N.A
View: 7910

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The Second Edition of Understanding Immigration Law lays out the basics of U.S. immigration law in an accessible way to newcomers to the field. It offers background about the intellectual, historical, and constitutional foundations of U.S. immigration law. The eBook also identifies the factors that have historically fueled migration to the United States, including the economic "pull" of jobs and family in the United States and the "push" of economic hardship, political instability, and other facts of life in the sending country. In the middle chapters, the authors provide a capsule summary of the law concerning the admissions and removal procedures and criteria in the Immigration and Nationality Act. The book ends with a chapter speculating about the future of U.S. immigration law and the challenges and opportunities facing the nation. This eBook provides a comprehensive overview of U.S. immigration law. It has been designed to supplement the most widely adopted immigration law casebooks. The eBook versions of this title feature links to Lexis Advance for further legal research options.

Race, Ethnicity and Law


Author: Mathieu Deflem
Publisher: Emerald Group Publishing
ISBN: 1787146030
Category: Social Science
Page: 304
View: 614

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This new volume of Sociology of Crime, Deviance and Law addresses issues of race and ethnicity within the law and law-related phenomena.

Justice and Security in the 21st Century

Risks, Rights and the Rule of Law
Author: Barbara Hudson,Synnove Ugelvik
Publisher: Routledge
ISBN: 1136451021
Category: Social Science
Page: 256
View: 9451

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This book examines the question of whether justice or security is the primary virtue of 21st-century society. The issue of enhancing security without undermining justice – managing risk without undermining the rule of law – has always been problematic. However, recent developments such as new counter-terrorism measures, the expanding scope of criminal law, harsher migration control and an increasingly pronounced concern with public safety, have posed new challenges. The key element of these contemporary challenges is that of membership and exclusion: that is, who is to be included within the community of justice, and against whom is the just community aiming to defend itself? Justice and Security in the 21st Century brings together researchers from various academic disciplines and different countries in order to explore these developments. It attempts to chart the complex landscapes of justice, human rights and the rule of law in an era when such ideals are challenged by increasing demands for efficiency, effectiveness, public safety and security. This edited volume will be of much interest to students of critical legal studies, criminology, critical security studies, human rights, sociology and IR in general.

The Borders of Punishment

Migration, Citizenship, and Social Exclusion
Author: Katja Franko Aas,Mary Bosworth
Publisher: OUP Oxford
ISBN: 0191648140
Category: Law
Page: 336
View: 6304

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The Borders of Punishment: Migration, Citizenship, and Social Exclusion critically assesses the relationship between immigration control, citizenship, and criminal justice. It reflects on the theoretical and methodological challenges posed by mass mobility and its control and for the first time, sets out a particular sub-field within criminology, the criminology of mobility. Drawing together leading international scholars with newer researchers, the book systematically outlines why criminology and criminal justice should pay more attention to issues of immigration and border control. Contributors consider how 'traditional' criminal justice institutions such as the criminal law, police, and prisons are being shaped and altered by immigration, as well as examining novel forms of penality (such as deportation and detention facilities), which have until now seldom featured in criminological studies and textbooks. In so doing, the book demonstrates that mobility and its control are matters that ought to be central to any understanding of the criminal justice system. Phenomena such as the controversial use of immigration law for the purposes of the war on terror, closed detention centres, deportation, and border policing, raise in new ways some of the fundamental and enduring questions of criminal justice and criminology: What is punishment? What is crime? What should be the normative and legal foundation for criminalization, for police suspicion, for the exclusion from the community, and for the deprivation of freedom? And who is the subject of rights within a society and what is the relevance of citizenship to criminal justice?

Crimmigration Law in the European Union (Part 2)

The Return Directive: Return Decision and Detention
Author: Aniel Pahladsingh
Publisher: Wolf Legal Publishers
ISBN: 9789462403406
Category:
Page: 286
View: 5789

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In the European Union the Return Directive aims at establishing common standards and procedures to be applied in Member States for returning illegally staying third-country nationals (Article 1). In Part 2 of the series on crimmigration in the EU, the research is focused on two other instruments of the Return Directive: the return decision and the detention. As defined in Article 3 (4), a return decision "means an administrative or judicial decision or act, stating or declaring the stay of a third country national to be illegal and imposing or stating an obligation to return." According to Article 6 of the Return Directive, Member States are obliged to issue a return decision to any third-country national staying illegally in their territory, unless an express derogation is foreseen by Union Law. As studies have showed in some countries of nationality there is, for the illegal third-country national who is expelled by EU Member States, a risk of criminalization in the form of criminal sanctions such as fines and detention. This is the situation when these countries of nationality criminalize emigration. Forced to return immediately to their countries of departure or nationality, these "inadmissibles" never fully become immigrants. These failed migrants become suspect citizens and they risk a form of double crimmigration in their countries of departure or nationality as they risk being penalized twice: firstly by their involuntary return and secondly by the instigation of ciminal proceedings against them in the country of nationality. Double crimmigration will be a hot topic in EU return policy and security policy in which the EU needs to formulate solutions. [Subject: Crimmigration, Immigration Law, EU Law]

Beyond Deportation

The Role of Prosecutorial Discretion in Immigration Cases
Author: Shoba Sivaprasad Wadhia
Publisher: NYU Press
ISBN: 1479880469
Category: Law
Page: 240
View: 7349

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The first book to comprehensively describe the history, theory, and application of prosecutorial discretion in immigration law When Beatles star John Lennon faced deportation from the U.S. in the 1970s, his lawyer Leon Wildes made a groundbreaking argument. He argued that Lennon should be granted “nonpriority” status pursuant to INS’s (now DHS’s) policy of prosecutorial discretion. In U.S. immigration law, the agency exercises prosecutorial discretion favorably when it refrains from enforcing the full scope of immigration law. A prosecutorial discretion grant is important to an agency seeking to focus its priorities on the “truly dangerous” in order to conserve resources and to bring compassion into immigration enforcement. The Lennon case marked the first moment that the immigration agency’s prosecutorial discretion policy became public knowledge. Today, the concept of prosecutorial discretion is more widely known in light of the Obama Administration’s Deferred Action for Childhood Arrivals or DACA program, a record number of deportations and a stalemate in Congress to move immigration reform. Beyond Deportation is the first book to comprehensively describe the history, theory, and application of prosecutorial discretion in immigration law. It provides a rich history of the role of prosecutorial discretion in the immigration system and unveils the powerful role it plays in protecting individuals from deportation and saving the government resources. Shoba Sivaprasad Wadhia draws on her years of experience as an immigration attorney, policy leader, and law professor to advocate for a bolder standard on prosecutorial discretion, greater mechanisms for accountability when such standards are ignored, improved transparency about the cases involving prosecutorial discretion, and recognition of “deferred action” in the law as a formal benefit.

Strange Neighbors

The Role of States in Immigration Policy
Author: Gabriel J. Chin
Publisher: NYU Press
ISBN: 0814737803
Category: Law
Page: 276
View: 5227

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Since its founding, the U.S. has struggled with issues of federalism and states’ rights. In almost every area of law, from abortion to zoning, conflicts arise between the states and the federal government over which entity is best suited to create and enforce laws. In the last decade, immigration has been on the front lines of this debate, with states such as Arizona taking an extremely assertive role in policing immigrants within their borders. While Arizona and its notorious SB 1070 is the most visible example of states claiming expanded responsibility to make and enforce immigration law, it is far from alone. An ordinance in Hazelton, Pennsylvania prohibited landlords from renting to the undocumented. Several states have introduced legislation to deny citizenship to babies who are born to parents who are in the United States without authorization. Other states have also enacted legislation aimed at driving out unauthorized migrants. Strange Neighbors explores the complicated and complicating role of the states in immigration policy and enforcement, including voices from both sides of the debate. While many contributors point to the dangers inherent in state regulation of immigration policy, at least two support it, while others offer empirically-based examinations of state efforts to regulate immigration within their borders, pointing to wide, state-by-state disparities in locally-administered immigration policies and laws. Ultimately, the book offers an extremely timely, thorough, and spirited discussion on an issue that will continue to dominate state and federal legislatures for years to come.

Immigration consequences of criminal activity

a guide to representing foreign-born defendants
Author: Mary E. Kramer,Stephanie L. Browning,American Immigration Lawyers Association
Publisher: Amer Immigration Lawyers Assn
ISBN: N.A
Category: Law
Page: 390
View: 5892

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Violent Borders

Refugees and the Right to Move
Author: Reece Jones
Publisher: Verso Books
ISBN: 1784784729
Category: Political Science
Page: 224
View: 7865

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A major new exploration of the refugee crisis, focusing on how borders are formed and policed Forty thousand people died trying to cross international borders in the past decade, with the high-profile deaths along the shores of Europe only accounting for half of the grisly total. Reece Jones argues that these deaths are not exceptional, but rather the result of state attempts to contain populations and control access to resources and opportunities. “We may live in an era of globalization,” he writes, “but much of the world is increasingly focused on limiting the free movement of people.” In Violent Borders, Jones crosses the migrant trails of the world, documenting the billions of dollars spent on border security projects and their dire consequences for countless millions. While the poor are restricted by the lottery of birth to slum dwellings in the aftershocks of decolonization, the wealthy travel without constraint, exploiting pools of cheap labor and lax environmental regulations. With the growth of borders and resource enclosures, the deaths of migrants in search of a better life are intimately connected to climate change, environmental degradation, and the growth of global wealth inequality.

Policing Immigrants

Local Law Enforcement on the Front Lines
Author: Doris Marie Provine,Monica W. Varsanyi,Paul G. Lewis,Scott H. Decker
Publisher: University of Chicago Press
ISBN: 022636321X
Category: Political Science
Page: 208
View: 2261

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The United States deported nearly two million illegal immigrants during the first five years of the Obama presidency—more than during any previous administration. President Obama stands accused by activists of being “deporter in chief.” Yet despite efforts to rebuild what many see as a broken system, the president has not yet been able to convince Congress to pass new immigration legislation, and his record remains rooted in a political landscape that was created long before his election. Deportation numbers have actually been on the rise since 1996, when two federal statutes sought to delegate a portion of the responsibilities for immigration enforcement to local authorities. Policing Immigrants traces the transition of immigration enforcement from a traditionally federal power exercised primarily near the US borders to a patchwork system of local policing that extends throughout the country’s interior. Since federal authorities set local law enforcement to the task of bringing suspected illegal immigrants to the federal government’s attention, local responses have varied. While some localities have resisted the work, others have aggressively sought out unauthorized immigrants, often seeking to further their own objectives by putting their own stamp on immigration policing. Tellingly, how a community responds can best be predicted not by conditions like crime rates or the state of the local economy but rather by the level of conservatism among local voters. What has resulted, the authors argue, is a system that is neither just nor effective—one that threatens the core crime-fighting mission of policing by promoting racial profiling, creating fear in immigrant communities, and undermining the critical community-based function of local policing.

Governing Through Crime

How the War on Crime Transformed American Democracy and Created a Culture of Fear
Author: Jonathan Simon
Publisher: Oxford University Press
ISBN: 0195181085
Category: History
Page: 330
View: 795

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Across America today gated communities sprawl out from urban centers, employers enforce mandatory drug testing, and schools screen students with metal detectors. Social problems ranging from welfare dependency to educational inequality have been reconceptualized as crimes, with an attendant focus on assigning fault and imposing consequences. Even before the recent terrorist attacks, non-citizen residents had become subject to an increasingly harsh regime of detention and deportation, and prospective employees subjected to background checks. How and when did our everyday world become dominated by fear, every citizen treated as a potential criminal?In this startlingly original work, Jonathan Simon traces this pattern back to the collapse of the New Deal approach to governing during the 1960s when declining confidence in expert-guided government policies sent political leaders searching for new models of governance. The War on Crime offered a ready solution to their problem: politicians set agendas by drawing analogies to crime and redefined the ideal citizen as a crime victim, one whose vulnerabilities opened the door to overweening government intervention. By the 1980s, this transformation of the core powers of government had spilled over into the institutions that govern daily life. Soon our schools, our families, our workplaces, and our residential communities were being governed through crime.This powerful work concludes with a call for passive citizens to become engaged partners in the management of risk and the treatment of social ills. Only by coming together to produce security, can we free ourselves from a logic of domination by others, and from the fear that currently rules our everyday life.

Immigration and American Democracy

Subverting the Rule of Law
Author: Robert Koulish
Publisher: Routledge
ISBN: 1135843317
Category: Political Science
Page: 240
View: 8431

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While the idea of immigration embodies America’s rhetorical commitment to democracy, recent immigration control policies also showcase abysmal failures in democratic practice. Immigration and American Democracy examines these failures in terms of state sovereignty, neoliberalism, and surveillance-based techniques of social control. The ideological argument for privatization is not new. But immigration has provided a laboratory for replicating on American soil the sorts of outsourcing travesties that have occurred in America’s war in Iraq. As an outcome, abusive executive powers—many delegated to state and local governments and private actors—are manifested every day in data collection, spying, detention, and deportation hearings, and in many cases bypassing the Constitution. The practice of privatization extends this leviathan immigration state by clamping down on civil liberties without having to oblige the courts. Ultimately, Koulish examines the contested terrain between democratic and undemocratic forces in the immigration policy domain and concludes with recommendations for how democratic forces might well still win out.

Globalisation and the Challenge to Criminology


Author: Francis J. Pakes
Publisher: Routledge
ISBN: 0415686075
Category: Political Science
Page: 184
View: 2697

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This book highlights criminology's analysis and engagement in new understandings of globalisation, in particular its harmful and unethical manifestations, and offers a mode of scrutiny and vigilance.

The Borders of Punishment

Migration, Citizenship, and Social Exclusion
Author: Katja Franko Aas
Publisher: Oxford University Press
ISBN: 0199669392
Category: Law
Page: 315
View: 6779

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What is punishment? What is crime? What should be the normative and legal foundation for criminalization, for police suspicion, for the exclusion from the community, and for the deprivation of freedom? Who is the subject of rights within a society and what is the relevance of citizenship to criminal justice? These are fundamental and enduring questions of criminal justice and criminology, examined in this book as it charts the controversial use of immigration lawfor the purposes of the war on terror, closed detention centres, deportation, and border policing.The Borders of Punishment: Migration, Citizenship, and Social Exclusioncritically assesses the relationship between immigration control, citizenship, and criminal justice. It reflects on the theoretical and methodological challenges posed by mass mobility and its control and for the first time, sets out a particular sub-field within criminology, the criminology of mobility. Drawing together leading international scholars with newer researchers, the book systematically outlines why criminology and criminal justice should pay more attention to issues ofimmigration and border control.

International Refugee Law

A Reader
Author: B S Chimni
Publisher: SAGE Publications Pvt. Limited
ISBN: N.A
Category: Education
Page: 613
View: 3958

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Focusing on the 1951 UN Convention on the Status of Refugees, this book in intended as an introduction to international refugee law. After a comprehensive introduction, the reader is divided into eight chapters. Each chapter begins with a short introduction which identifies the key issues and themes it deals with and the particular readings which address them, as also draws attention to the on-going debates in a bid to encourage critical thinking.

Nordic Nationalism and Penal Order

Walling the Welfare State
Author: Vanessa Barker
Publisher: Routledge
ISBN: 1351980149
Category: Social Science
Page: 168
View: 3202

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In late summer 2015, Sweden embarked on one of the largest self-described humanitarian efforts in its history, opening its borders to 163,000 asylum seekers fleeing the war in Syria. Six months later this massive effort was over. On January 4, 2016, Sweden closed its border with Denmark. This closure makes a startling reversal of Sweden’s open borders to refugees and contravenes free movement in the Schengen Area, a founding principle of the European Union. What happened? This book sets out to explain this reversal. In her new and compelling book, Vanessa Barker explores the Swedish case study to challenge several key paradigms for understanding penal order in the twenty-first century and makes an important contribution to our understanding of punishment and welfare states. She questions the dominance of neoliberalism and political economy as the main explanation for the penalization of others, migrants and foreign nationals, and develops an alternative theoretical framework based on the internal logic of the welfare state and democratic theory about citizenship, incorporation, and difference, paying particular attention to questions of belonging, worthiness, and ethnic and gender hierarchies. Her book develops the concept of penal nationalism as an important form of penal power in the twenty-first century, providing a bridge between border control and punishment studies.

Globalisation and the Challenge to Criminology


Author: Francis Pakes
Publisher: Routledge
ISBN: 1136744630
Category: Social Science
Page: 184
View: 1329

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There is no doubt that globalisation has profound effects on crime, justice and our feelings of security, identity and belonging. Many of these affect both the making of laws and the breaking of laws. It has been argued however that criminology has been too provincial, focusing as it often does on national laws and issues, whilst others have said that globalisation is the stuff of international relations, global finance and trade, not of criminology. This book disputes this by asserting that criminology has a firm place in this arena and globalisation offers the discipline a challenge that it should relish. Some of the field’s top scholars from the UK, the US, Canada, Australia and New Zealand consider these challenges and present cutting-edge analysis and debate. Topics covered include transnational organised crime, international policing and a range of other issues involving global harm such as genocide, the workings of international financial institutions, the fate of international migrants and the impact of anti-immigration sentiments in Europe. A particular focus is on borders and arrangements that deal with migration and populations that are excluded and adrift. This book highlights criminology’s analysis and engagement in new understandings of globalisation, in particular its harmful and unethical manifestations, and offers a mode of scrutiny and vigilance. Globalisation and the Challenge to Criminology will be of particular interest to those studying criminology, criminal justice, policing, security and international relations as well as those who seek to understand globalisation and, in particular, its harmful outcomes.