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Controlling Immigration Through Criminal Law
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Book Synopsis Controlling Immigration Through Criminal Law by : Gian Luigi Gatta
Download or read book Controlling Immigration Through Criminal Law written by Gian Luigi Gatta and published by Bloomsbury Publishing. This book was released on 2021-01-14 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a systematic and comprehensive overview of the increased role of criminal law in managing migration, from a European, domestic and comparative law perspective. The contributors critically engage with the current trends leading to the criminalisation of irregular migrants, asylum seekers and those who engage in 'humanitarian smuggling' and the national and common policies calling for a broader use of criminal law measures. The chapters explore the measures used to protect borders and their impact in terms of effectiveness and their ability to strike a fair balance between security and the protection of human rights. The contributors to the book cover a range of disciplines within law, human rights and criminology resulting in a broad understanding of the issues at play.
Book Synopsis Race, Criminal Justice, and Migration Control by : Mary Bosworth
Download or read book Race, Criminal Justice, and Migration Control written by Mary Bosworth and published by Oxford University Press. This book was released on 2018 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: In an era of mass mobility, those who are permitted to migrate and those criminalised, controlled, and prohibited from migrating are heavily patterned by race. This volume places race at the centre of its analysis; 14 chapters examine, question, and explain the growing intersection between criminal justice and migration control.
Book Synopsis Immigration And Criminal Law in the European Union by : Elspeth Guild
Download or read book Immigration And Criminal Law in the European Union written by Elspeth Guild and published by Martinus Nijhoff Publishers. This book was released on 2006 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a clear picture of the issues of legal and social legitimacy which surround criminal measures relating to trafficking in human beings in six Member States and the EU. It includes and explains the legal nature of the types of measures which have been adopted and the presentation of criminal sanctions and the positions taken by key actors in civil society.
Book Synopsis Immigration Outside the Law by : Hiroshi Motomura
Download or read book Immigration Outside the Law written by Hiroshi Motomura and published by Oxford University Press. This book was released on 2014-06-02 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Social Control and Justice by : Maria João Guia
Download or read book Social Control and Justice written by Maria João Guia and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
Book Synopsis Crimmigration Law by : César Cuauhtémoc García Hernández
Download or read book Crimmigration Law written by César Cuauhtémoc García Hernández and published by . This book was released on 2022-05-02 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Protect, Serve, and Deport by : Amada Armenta
Download or read book Protect, Serve, and Deport written by Amada Armenta and published by Univ of California Press. This book was released on 2017-06-26 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: Who polices immigration? : establishing the role of state and local law enforcement agencies in immigration control -- Setting up the local deportation regime -- Policing immigrant Nashville -- The driving to deportation pipeline -- Inside the jail -- Lost in translation : two worlds of immigration policing
Book Synopsis Outside Justice by : David C Brotherton
Download or read book Outside Justice written by David C Brotherton and published by Springer Science & Business Media. This book was released on 2013-05-27 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: Outside Justice: Undocumented Immigrants and the Criminal Justice System fills a clear gap in the scholarly literature on the increasing conceptual overlap between popular perceptions of immigration and criminality, and its reflection in the increasing practical overlap between criminal justice and immigration control systems. Drawing on data from the United States and other nations, scholars from a range of academic disciplines examine the impact of these trends on the institutions, communities, and individuals that are experiencing them. Individual entries address criminal victimization and labor exploitation of undocumented immigrant communities, the effects of parental detention and deportation on children remaining in destination countries, relations between immigrant communities and law enforcement agencies, and the responses of law enforcement agencies to drastic changes in immigration policy, among other topics. Taken as a whole, these essays chart the ongoing progression of social forces that will determine the well-being of Western democracies throughout the 21st century. In doing so, they set forth a research agenda for reexamining and challenging the goals of converging criminal justice and immigration control policy, and raise a number of carefully considered, ethical alternatives to the contemporary policy status quo.Contemporary immigration is the focus of highly charged rhetoric and policy innovation, both attempting to define the movement of people across national borders as fundamentally an issue of criminal justice. This realignment has had profound effects on criminal justice policy and practice and immigration control alike, and raises far-reaching implications for social inclusion, labor economies, community cohesion, and a host of other areas of immediate interest to social science researchers and practitioners.
Book Synopsis Immigration and the Law by : Sofía Espinoza Álvarez
Download or read book Immigration and the Law written by Sofía Espinoza Álvarez and published by University of Arizona Press. This book was released on 2018-04-10 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: A critical look at the mechanisms, beliefs, and ideologies that govern U.S. immigration laws, and the social impacts of their enforcement--Provided by publisher.
Book Synopsis The Criminalisation of Migration in Europe by : Valsamis Mitsilegas
Download or read book The Criminalisation of Migration in Europe written by Valsamis Mitsilegas and published by Springer. This book was released on 2014-10-31 with total page 110 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Crimes of Mobility by : Ana Aliverti
Download or read book Crimes of Mobility written by Ana Aliverti and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the role of criminal law in the enforcement of immigration controls in the UK, critically analyses the process of formal criminalization of immigration status, and explores whether and how these offences are enforced in practice.
Book Synopsis From Deportation to Prison by : Patrisia Macías-Rojas
Download or read book From Deportation to Prison written by Patrisia Macías-Rojas and published by NYU Press. This book was released on 2016-10-11 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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. From Deportation to Prison presents 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 in unexpected and important ways."--Back cover.
Book Synopsis Inside Immigration Detention by : Mary Bosworth
Download or read book Inside Immigration Detention written by Mary Bosworth and published by OUP Oxford. This book was released on 2014-09-18 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: On any given day nearly 3000 foreign national citizens are detained under immigration powers in UK detention centres alone. Around the world immigrants are routinely detained in similar conditions. The institutions charged with immigrant detention are volatile and contested sites. They are also places about which we know very little. What is their goal? How do they operate? How are they justified? Inside Immigration Detention lifts the lid on the hidden world of migrant detention, presenting the first national study of life in British immigration removal centres. Offering more than just a description of life behind bars of those men and women awaiting deportation, it uses staff and detainee testimonies to revisit key assumptions about state power and the legacies of colonialism under conditions of globalization. Based on fieldwork conducted in six immigration removal centres (IRCs) between 2009 and 2012, it draws together a large amount of empirical data including: detainee surveys and interviews, staff interviews, observation, and detailed field notes. From this, the book explores how immigration removal centres identify their inhabitants as strangers, constructing them as unfamiliar, ambiguous and uncertain. In this endeavour, the establishments are greatly assisted by their resemblance to prisons and by familiar racialized narratives about foreigners and nationality. However, as staff and detainee testimonies reveal, in their interactions and day-to-day life women and men find many points of commonality. Such recognition of one another reveals the goal and effect of detention to be incomplete. Denial requires effort. In order to minimize the effort it must expend, the state 'governs at distance', via the contract. It also splits itself in two, deploying some immigration staff onsite, while keeping the actual decision-makers (the caseworkers) elsewhere, sequestered from the potentially destabilizing effects of facing up to those whom they wish to remove. Such distancing, while bureaucratically effective, contributes to the uncertainty of daily life in detention, and is often the source of considerable criticism and unease. Denial and familiarity are embodied and localized activities, whose pains and contradictions inhere in concrete relationships.
Book Synopsis Rights, Deportation, and Detention in the Age of Immigration Control by : Tom K. Wong
Download or read book Rights, Deportation, and Detention in the Age of Immigration Control written by Tom K. Wong and published by Stanford University Press. This book was released on 2015-05-13 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Immigration is among the most prominent, enduring, and contentious features of our globalized world. Yet, there is little systematic, cross-national research on why countries "do what they do" when it comes to their immigration policies. Rights, Deportation, and Detention in the Age of Immigration Control addresses this gap by examining what are arguably the most contested and dynamic immigration policies—immigration control—across 25 immigrant-receiving countries, including the U.S. and most of the European Union. The book addresses head on three of the most salient aspects of immigration control: the denial of rights to non-citizens, their physical removal and exclusion from the polity through deportation, and their deprivation of liberty and freedom of movement in immigration detention. In addition to answering the question of why states do what they do, the book describes contemporary trends in what Tom K. Wong refers to as the machinery of immigration control, analyzes the determinants of these trends using a combination of quantitative analysis and fieldwork, and explores whether efforts to deter unwanted immigration are actually working.
Book Synopsis Immigration Law and Social Justice by : Bill Ong Hing
Download or read book Immigration Law and Social Justice written by Bill Ong Hing and published by Aspen Publishing. This book was released on 2021-09-14 with total page 1557 pages. Available in PDF, EPUB and Kindle. Book excerpt: The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. This innovative casebook approaches immigration law and policy from a public interest perspective with a special emphasis on issues of social justice. Along with cases and statutory material, Immigration Law and Social Justice employs a variety of materials from appellate cases, client examples, article excerpts, and hypotheticals. These materials not only provide the basic framework for immigration law, but also engage students with the greater social, political, and economic context necessary to understand the movement of immigrants to the United States, as well as the human impact of immigration law enforcement and administration. Through examples, notes and questions that raise the social, racial, and political questions of admission and enforcement, as well as discussion of public interest lawyers’ strategies, this casebook advances students’ understanding of the creative approaches used in the field. Ultimately, this book encourages students to think broadly about relevant social, economic, and political forces. New to the Second Edition: Supreme Court decisions on expedited removal and DACA Analysis of the Trump administration approaches to relief from removal, judicial review, and the rights of noncitizens Major Supreme Court decisions, including Trump v. Hawaii (Muslim ban) and Dimaya v. Sessions (2018) (aggravated felonies) Administrative decisions such as Matter of A-C-M- (material support bar), Matter of A-B- (domestic violence and particular social group) Developments in how immigration courts define convictions Additional/updated material on: History of U.S. immigration laws Race-conscious lawyering; racial justice and immigrant rights New ICE enforcement guidance under the Biden administration; U.S. v. California (upholding California’s sanctuary policies) Citizenship for orphans; renunciation of citizenship Public charge grounds and Title 42 COVID exclusions; I-601A waiver; firearms offenses; crimes involving moral turpitude Restrictions on bond hearings imposed by the Trump administration; monitoring of children’s detention centers under Flores settlement; Zepeda Rivas v. Jennings (requirements on ICE detention facilities in light of COVID-19) Border wall and related litigation; Operation Streamline; worksite enforcement; state and local cooperation Pereira v. Sessions and Niz-Chavez v. Garland (defective Notice to Appear and eligibility for cancellation of removal); cancellation of removal Examination of right to counsel for minors and for non-detained respondents with mental challenges; ineffective assistance of counsel; restrictions imposed by Trump administration on immigration court continuances; problems with distance videoconference hearings New refugee numbers under the Biden administration; past persecution; membership in particular social groups Professors and student will benefit from: Deep background on the social context of immigration law and its enforcement in the context of a sophisticated examination of the technicalities of relevant statutory and administrative law Materials encouraging students to learn relevant law with an eye toward potential advocacy, including litigation strategies, and which challenge students to evaluate critically the mutually constitutive work of race and immigration law Contextual background to understand immigration and immigration enforcement Unique focus on immigration and social justice, as well as public interest immigration lawyering Focus on issues of contemporary relevance, highlighting some of the most contentious areas of immigration law and policy Materials designed to facilitate student understanding of the letter of immigration law, and to encourage students to think creatively about possible reform Integrated critical materials exploring the role of race, class, religion, gender, and disability in immigration law and policy Problems designed to encourage active learning and application of law
Book Synopsis The Crimmigrant Other by : Katja Franko
Download or read book The Crimmigrant Other written by Katja Franko and published by Routledge. This book was released on 2019-12-06 with total page 221 pages. Available in PDF, EPUB and Kindle. Book excerpt: Western societies are immersed in debates about immigration and illegality. This book examines these processes and outlines how the figure of the "crimmigrant other" has emerged not only as a central object of media and political discourse, but also as a distinct penal subject connecting migration and the logic of criminalization and insecurity. Illegality defines not only a quality of certain acts, but becomes an existential condition, which shapes the daily lives of large groups within the society. Drawing on rich empirical material from national and international contexts, Katja Franko outlines the social production of the crimmigrant other as a multi-layered phenomenon that is deeply rooted in the intricate connections between law, scientific knowledge, bureaucratic practices, politics and popular discourse.
Book Synopsis Immigration Law in the European Community by : Elspeth Guild
Download or read book Immigration Law in the European Community written by Elspeth Guild and published by BRILL. This book was released on 2021-10-18 with total page 387 pages. Available in PDF, EPUB and Kindle. Book excerpt: Immigration law continues to be an issue of substantial interest in the European Union. The institutions and the Member States are formulating the type of immigration law which the Union will have following the substantial move of competence in the field from Member State level to the Union with the amendments to the EC Treaty introduced by the Treaty of Amsterdam in 1999. This is a particularly important period within which to take stock of the existing immigration law of the European Union and how it has been developed. In order to understand the current law and lay the foundations for the future, a historical analysis of the development of European Union immigration law is needed. This volume charts the development of European Community immigration law from the conclusion of the EEC Treaty to the present day, first focussing on the development of the law relating to Community nationals and their third country national dependents, then looking at the extension of Community immigration law to third country nationals through agreements between their states of origin and the EC. Special attention is given to the rights of Turkish workers under the agreement between Turkey and the EC and the possibilities of residence and economic activity for nationals of the Central and Eastern European countries under the Europe Agreements. The centre of analysis of this book is the individual migrant: what are the rights and duties of the individual and what is his or her relationship of rights on the one hand with the Member State and on the other hand with the European Community? This book examines the structure and content of European Community immigration law from the perspective of the individual most closely affected by that law.
