Causes and Consequences of Migrant Criminalization

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 aswell 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.

Auteur
Nea Kogovek alamon 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).

Contenu
Part I: Crimmigration Across the Globe.- Chapter 1. Global Crimmigration Trends.- Chapter 2. Criminalizing Migration, Ending Rights: The Case of United States Crimmigration Law.- Chapter 3. Governing Felonious Foreigners through Crimmigration Controls in Australia: Administering Additional Punishments?.- Chapter 4. The Criminalization of Migration: No Equal Protection for Asylum Seekers Suspected of Criminality.- Part II: European Union and Its Neighborhood Policies.- Chapter 5. The Rhetoric of European Migration Policy and Its Role in Criminalization of Migration.- Chapter 6. The Effectiveness of the EU Return Policy at All Costs: The Coercive Use of Administrative Pre-removal Detention.- Chapter 7. The Influence of EU Membership Conditionality on Crimmigration in the Western Balkans.- Part III: EU Member States and Coercion of Migrants.- Chapter 8. Refugees and the Misuse of the Criminal Law in the United Kingdom .- Chapter 9. Expulsion on Grounds of Public Policy or Public Security in Belgium: What are the Limits of Punishment? .- Chapter 10. Time Bandits: Time as a Factor of Criminalization of Legality of Asylum Seekers. An Example from Trieste, Italy.- Chapter 11. Television News Discourse Migrant Objectification in the Context of Criminalisation: A Case Study Concerning Slovenian Public Television Broadcast News.- Chapter 12. Pushback as Technology of Crimmigration.- Part IV. Crimmigration in a Broader Context.- Chapter 13. The (In)Surmountable Challenges in Reconciling States' Human Rights Obligations and Crimmigration.- Chapter 14. Crimmigration Law and the Creation of Dual State.- Chapter 15. Crimmigration and Nationalism.