Migration Law and the Externalization of Border Controls

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Publisher : Routledge
ISBN 13 : 0429798989
Total Pages : 120 pages
Book Rating : 4.4/5 (297 download)

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Book Synopsis Migration Law and the Externalization of Border Controls by : Anna Liguori

Download or read book Migration Law and the Externalization of Border Controls written by Anna Liguori and published by Routledge. This book was released on 2019-03-27 with total page 120 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the last few decades, both the European Union and European States have been implementing various strategies to externalize border controls with the declared intent of saving human lives and countering smuggling but with the actual end result of shifting borders, circumventing international obligations and ultimately preventing access to Europe. What has been principally deplored is the fact that externalizing border controls risks creating ‘legal black holes’. Furthermore, what is particularly worrying in the current European debate is the intensification of this practice by multiple arrangements with unsafe third countries, exposing migrants and asylum seekers to serious human rights violations. This book explores whether European States can succeed in shifting their responsibility onto Third States in cases of human rights violations. Focusing, in particular, on the 2017 Italy-Libya Memorandum of Understanding, the book investigates the possible basis for triggering the responsibility of outsourcing States. The second part of the book examines how the Italy-Libya MoU is only a small part of a broader scenario, exploring EU policies of externalization. A brief overview of the recent decisions of the EU Court vis-à-vis two aspects of externalization (the EU-Turkey statement and the issue of humanitarian visas) will pave the way for the conclusions since, in the author’s view, the current attitude of the Luxembourg Court confirms the importance of focusing on the responsibility of European States and the urgent need to investigate the possibility of bringing a claim against the outsourcing States before the Court of Strasbourg. Offering a new perspective on an extremely topical subject, this book will appeal to students, scholars and practitioners with an interest in European Law, International Law, Migration and Human Rights.

Externalizing Migration Management

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Publisher : Routledge
ISBN 13 : 1317308298
Total Pages : 292 pages
Book Rating : 4.3/5 (173 download)

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Book Synopsis Externalizing Migration Management by : Ruben Zaiotti

Download or read book Externalizing Migration Management written by Ruben Zaiotti and published by Routledge. This book was released on 2016-02-05 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: The extension of border controls beyond a country’s territory to regulate the flows of migrants before they arrive has become a popular and highly controversial policy practice. Today, remote control policies are more visible, complex and widespread than ever before, raising various ethical, political and legal issues for the governments promoting them. The book examines the externalization of migration control from an interdisciplinary and comparative perspective, focusing on ‘remote control’ initiatives in Europe and North America, with contributions from the fields of politics, sociology, law, geography, anthropology, and history. This book uses empirically rich analyses and compelling theoretical insights to trace the evolution of ‘remote control’ initiatives and assesses their impact and policy implications. It also explores competing theoretical models that might explain their emergence and diffusion. Individual chapters tackle some of the most puzzling questions underlying remote control policies, such as the reasons why governments adopt these policies and what might be their impact on migrants and other actors involved.

Externalizing Migration Management

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Author :
Publisher : Routledge
ISBN 13 : 131730828X
Total Pages : 307 pages
Book Rating : 4.3/5 (173 download)

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Book Synopsis Externalizing Migration Management by : Ruben Zaiotti

Download or read book Externalizing Migration Management written by Ruben Zaiotti and published by Routledge. This book was released on 2016-02-05 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: The extension of border controls beyond a country’s territory to regulate the flows of migrants before they arrive has become a popular and highly controversial policy practice. Today, remote control policies are more visible, complex and widespread than ever before, raising various ethical, political and legal issues for the governments promoting them. The book examines the externalization of migration control from an interdisciplinary and comparative perspective, focusing on ‘remote control’ initiatives in Europe and North America, with contributions from the fields of politics, sociology, law, geography, anthropology, and history. This book uses empirically rich analyses and compelling theoretical insights to trace the evolution of ‘remote control’ initiatives and assesses their impact and policy implications. It also explores competing theoretical models that might explain their emergence and diffusion. Individual chapters tackle some of the most puzzling questions underlying remote control policies, such as the reasons why governments adopt these policies and what might be their impact on migrants and other actors involved.

EU Immigration and Asylum Law (Text and Commentary): Second Revised Edition

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Author :
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004222375
Total Pages : 419 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis EU Immigration and Asylum Law (Text and Commentary): Second Revised Edition by : Steve Peers

Download or read book EU Immigration and Asylum Law (Text and Commentary): Second Revised Edition written by Steve Peers and published by Martinus Nijhoff Publishers. This book was released on 2012-07-25 with total page 419 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since 1999, the EU has adopted legislation harmonizing many areas of immigration law, in particular rules on borders, visas, legal migration, and irregular migration. The much-enlarged and fully updated second edition of this book contains the text of and detailed commentary upon every significant measure in this field proposed or adopted up until 1 September 2011. It includes commentary on the EU visa code, the Schengen Borders Code, the Frontex Regulation, the Returns Directive, the Directives on family reunion, long-term residents and single permits for migrant workers, and many more besides. This is the essential guide for any lawyers, academics, civil servants, NGOs and students interested in this area of law. The authors of each commentary are academic and practitioner experts in the field of EU immigration law based in the UK, Ireland and the Netherlands. Also available as a set of 3 volumes see isbn 9789004222304

EU External Migration Policies in an Era of Global Mobilities: Intersecting Policy Universes

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Publisher : BRILL
ISBN 13 : 9004354239
Total Pages : 417 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis EU External Migration Policies in an Era of Global Mobilities: Intersecting Policy Universes by : Sergio Carrera

Download or read book EU External Migration Policies in an Era of Global Mobilities: Intersecting Policy Universes written by Sergio Carrera and published by BRILL. This book was released on 2018-12-10 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection examines the evolving European Union legal-institutional and policy frameworks for governing migration, borders and asylum post-2015/16. It is the first study on why and how the ‘intersectionality’ across policy areas and actors affects democratic rule of law and the mobility, livelihood and human rights of refugees and immigrants.

Extraterritorial Immigration Control

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Publisher : BRILL
ISBN 13 : 9004172335
Total Pages : 460 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis Extraterritorial Immigration Control by : Bernhard Ryan

Download or read book Extraterritorial Immigration Control written by Bernhard Ryan and published by BRILL. This book was released on 2010 with total page 460 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work analyses the legal challenges posed by contemporary practices of extraterritorial immigration control: visas, pre-embarkation checks and the interception of irregular migrants. It examines the international law framework, and provides case-studies from Europe, Australia and the United States.

The Borders of "Europe"

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Author :
Publisher : Duke University Press
ISBN 13 : 0822372665
Total Pages : 376 pages
Book Rating : 4.8/5 (223 download)

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Book Synopsis The Borders of "Europe" by : Nicholas De Genova

Download or read book The Borders of "Europe" written by Nicholas De Genova and published by Duke University Press. This book was released on 2017-08-18 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years the borders of Europe have been perceived as being besieged by a staggering refugee and migration crisis. The contributors to The Borders of "Europe" see this crisis less as an incursion into Europe by external conflicts than as the result of migrants exercising their freedom of movement. Addressing the new technologies and technical forms European states use to curb, control, and constrain what contributors to the volume call the autonomy of migration, this book shows how the continent's amorphous borders present a premier site for the enactment and disputation of the very idea of Europe. They also outline how from Istanbul to London, Sweden to Mali, and Tunisia to Latvia, migrants are finding ways to subvert visa policies and asylum procedures while negotiating increasingly militarized and surveilled borders. Situating the migration crisis within a global frame and attending to migrant and refugee supporters as well as those who stoke nativist fears, this timely volume demonstrates how the enforcement of Europe’s borders is an important element of the worldwide regulation of human mobility. Contributors. Ruben Andersson, Nicholas De Genova, Dace Dzenovska, Evelina Gambino, Glenda Garelli, Charles Heller, Clara Lecadet, Souad Osseiran, Lorenzo Pezzani, Fiorenza Picozza, Stephan Scheel, Maurice Stierl, Laia Soto Bermant, Martina Tazzioli

Migrants Before the Law

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Author :
Publisher : Springer
ISBN 13 : 3319987496
Total Pages : 264 pages
Book Rating : 4.3/5 (199 download)

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Book Synopsis Migrants Before the Law by : Tobias G. Eule

Download or read book Migrants Before the Law written by Tobias G. Eule and published by Springer. This book was released on 2018-11-19 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book traces the practices of migration control and its contestation in the European migration regime in times of intense politicization. The collaboratively written work brings together the perspectives of state agents, NGOs, migrants with precarious legal status, and their support networks, collected through multi-sited fieldwork in eight European states: Austria, Denmark, Germany, Italy, Latvia, Lithuania, Sweden and Switzerland. The book provides knowledge of how European migration law is implemented, used, and challenged by different actors, and of how it lends and constrains power over migrants’ journeys and prospects. An ethnography of law in action, the book contributes to socio-legal scholarship on migration control at the margins of the state. “This book is a major achievement. A remarkable and insightful study that through close analysis of the practices of migration control in 8 European countries (Austria, Denmark, Germany, Italy, Latvia, Lithuania, Sweden and Switzerland) provides powerful new insight into the power of the state at its margins and over those that are marginalised.” - Andrew Geddes, Director, Migration Policy Centre, European University Institute “Migrants Before the Law provides a much-needed account of the dizzying legal labyrinth that migrants navigate as they seek to survive in Europe. Based on multi-sited ethnography in detention centres, migration offices, police stations, and non-governmental organizations as well as on interviews with key government actors, advocates, and migrants themselves, this book explores the systems of control and forms of migrant precarity that operate along Europe’s internal borders, in multiple national and transnational contexts. Readers will come away with a deepened understanding of the perverse workings of power, the ways that the uncertainty and unpredictability of law foster both despair and hope, the degree to which the immigration “crisis” is both manufactured and experienced as real, and the ingenuity of migrants themselves in the face of Kafkaesque state practices.” - Susan Bibler Coutin, Professor of Criminology, Law and Society and Anthropology, University of California, Irvine, USA “Migrants Before the Law is an excellent exposition of the dispersed sites of the law and the hinges and junctions through which this apparatus is actualized in the lives of migrants facing deportation, contesting their status as illegal migrants or seeking to regularize their precarious position. Written with great sensitivity and an eye to minute details this book is also an achievement in furthering the method of collaborative ethnography and new ways of staging comparisons.” - Veena Das, Krieger-Eisenhower Professor of Anthropology, Johns Hopkins University, USA

Fundamental Rights Challenges in Border Controls and Expulsion of Irregular Immigrants in the European Union

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Author :
Publisher : Routledge
ISBN 13 : 9781032174877
Total Pages : 308 pages
Book Rating : 4.1/5 (748 download)

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Book Synopsis Fundamental Rights Challenges in Border Controls and Expulsion of Irregular Immigrants in the European Union by : Taylor & Francis Group

Download or read book Fundamental Rights Challenges in Border Controls and Expulsion of Irregular Immigrants in the European Union written by Taylor & Francis Group and published by Routledge. This book was released on 2021-09-30 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited volume examines the extent to which the various authorities and actors currently performing border management and expulsion-related tasks are subject to accountability mechanisms capable of delivering effective remedies and justice for abuses suffered by migrants and asylum seekers. Member states of the European Union and State Parties to the Council of Europe are under the obligation to establish complaint mechanisms allowing immigrants and/or asylum seekers to seek effective remedies in cases where their rights are violated. This book sheds light on the complaint bodies and procedures existing and available in Austria, Greece, Hungary, Italy, Spain, Poland, and Romania. It assesses their role in overseeing, investigating, and redressing cases of human rights violations deriving from violent border and immigration management practices, and expedited expulsion procedures. This book therefore provides an assessment of the practical, legal, and procedural challenges that affect the possibility to lodge complaints and access remedies for human rights violations suffered at the hands of the law enforcement authorities and other security actors operating at land, air, and sea borders, or participating in expulsions procedures - in particular, joint return flights. The volume will be of key interest to students, scholars, and practitioners working on human rights, migration and borders, international law, European law and security studies, EU politics, and more broadly, international relations.

Borders, Migration and Class in an Age of Crisis

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Publisher : Bristol University Press
ISBN 13 : 1529201810
Total Pages : 248 pages
Book Rating : 4.5/5 (292 download)

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Book Synopsis Borders, Migration and Class in an Age of Crisis by : Vickers, Tom

Download or read book Borders, Migration and Class in an Age of Crisis written by Vickers, Tom and published by Bristol University Press. This book was released on 2019-07-03 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book responds to global tendencies toward increasingly restrictive border controls and populist movements targeting migrants for violence and exclusion. Informed by Marxist theory, it challenges standard narratives about immigration and problematises commonplace distinctions between ‘migrants’ and ‘workers’. Using Britain as a case study, the book examines how these categories have been constructed and mobilised within representations of a ‘migrant crisis’ and a ‘welfare crisis’ to facilitate capitalist exploitation. It uses ideas from grassroots activism to propose alternative understandings of the relationship between borders, migration and class that provide a basis for solidarity.

Essential Texts on European and International Asylum and Migration Law And Policy

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Author :
Publisher : Maklu
ISBN 13 : 9046609154
Total Pages : 1347 pages
Book Rating : 4.0/5 (466 download)

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Book Synopsis Essential Texts on European and International Asylum and Migration Law And Policy by : Gert Vermeulen

Download or read book Essential Texts on European and International Asylum and Migration Law And Policy written by Gert Vermeulen and published by Maklu. This book was released on 2017-12-04 with total page 1347 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume comprises the relevant legal instruments and principal policy documents in the area of international and European asylum and migration, including the latest versions of pending legislative proposals. The range of issues covered is comprehensive: human rights; nationality and statelessness; equal treatment, non-discrimination, racism and xenophobia; citizenship, residence and free movement; borders, border management and entry; visa and passenger data; labour migration; family reunification; asylum, subsidiary and temporary protection; irregular migration; and trafficking in human beings. The texts have been ordered according to the multilateral co-operation level within which they were drawn up: either the United Nations, the Council of Europe or the European Union (including Schengen-level instruments). This edition provides practitioners, authorities, policy makers, scholars and students throughout Europe with an accurate, up-to-date and forward-looking compilation of essential texts on asylum and migration matters.

Crossing and Controlling Borders

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Publisher : Verlag Barbara Budrich
ISBN 13 : 3863884116
Total Pages : 290 pages
Book Rating : 4.8/5 (638 download)

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Book Synopsis Crossing and Controlling Borders by : Mechthild Baumann

Download or read book Crossing and Controlling Borders written by Mechthild Baumann and published by Verlag Barbara Budrich. This book was released on 2011-05-30 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume highlights the impact of border controls on migrants’ journeys in two major areas of immigration: the European Union and the United States of America. In order to show the linkages between border control policies and migratory practices, the book combines empirical insights from ethnography with approaches from political science. Describing migrants’ realities reveals that the impact of border control policies goes beyond the actual border area affecting many lives and states.

Accessing Asylum in Europe

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Publisher : Oxford Studies in European Law
ISBN 13 : 9780198701002
Total Pages : 0 pages
Book Rating : 4.7/5 (1 download)

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Book Synopsis Accessing Asylum in Europe by : Violeta Moreno Lax

Download or read book Accessing Asylum in Europe written by Violeta Moreno Lax and published by Oxford Studies in European Law. This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Europe is currently experiencing a migration crisis, demonstrated by millions of displaced people unseen since World War II. This book examines the interface between extraterritorial border and migration controls taken by EU member states, and the rights asylum seekers acquire from EU law.Control measures such as the enforcement of visas, fines on carriers transporting unsatisfactorily documented migrants, and interception at sea are investigated in detail in an effort to assess the impact these measures have on access to asylum in the EU. The book also explores the rights recognisedby the EU Charter of Fundamental Rights to persons in need of international protection, inclusive of the principle of non-removal to a place of persecution, the prohibition of ill-treatment, the right to asylum, and the right to effective judicial protection.The fundamental focus of the book is the relationship between the aforementioned border and migration controls and the rights of asylum seekers, and importantly, how these rights limit the nature of such control measures and the ways in which they are implemented. The ultimate goal of the book is toconclude whether the current series of extraterritorial mechanisms or pre-entry vetting is compatible in EU law with the rights of refugees and forced migrants.

EU Borders and Shifting Internal Security

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Publisher : Springer
ISBN 13 : 3319175602
Total Pages : 238 pages
Book Rating : 4.3/5 (191 download)

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Book Synopsis EU Borders and Shifting Internal Security by : Raphael Bossong

Download or read book EU Borders and Shifting Internal Security written by Raphael Bossong and published by Springer. This book was released on 2016-02-19 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited volume analyzes recent key developments in EU border management. In light of the refugee crises in the Mediterranean and the responses on the part of EU member states, this volume presents an in-depth reflection on European border practices and their political, social and economic consequences. Approaching borders as concepts in flux, the authors identify three main trends: the rise of security technologies such as the EUROSUR system, the continued externalization of EU security governance such as border mission training in third states, and the unfolding dynamics of accountability. The contributions show that internal security cooperation in Europe is far from consolidated, since both political oversight mechanisms and the definition of borders remain in flux. This edited volume makes a timely and interdisciplinary contribution to the ongoing academic and political debate on the future of open borders and legitimate security governance in Europe. It offers a valuable resource for scholars in the fields of international security and migration studies, as well as for practitioners dealing with border management mechanisms.

Institutional and Policy Dynamics of EU Migration Law

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Publisher : BRILL
ISBN 13 : 9047410483
Total Pages : 419 pages
Book Rating : 4.0/5 (474 download)

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Book Synopsis Institutional and Policy Dynamics of EU Migration Law by : Georgia Papagianni

Download or read book Institutional and Policy Dynamics of EU Migration Law written by Georgia Papagianni and published by BRILL. This book was released on 2006-06-30 with total page 419 pages. Available in PDF, EPUB and Kindle. Book excerpt: The main objective of this book is to present the on-going process of European integration via a comprehensive analysis of the institutional dynamics of, and politics linked with, the emerging migration law and policy of the European Union. More specifically, it presents the historical evolution, the main institutional legislative and policy steps, the position of, and interactions among, the different actors, and the factors impeding the formation of a common policy at EU level. On this basis a critical analysis is provided of the main institutional problems, the current policy framework, the overarching rationale as well as of the content and quality of the nascent EU migration law. The book is divided into three parts. The first two parts provide a comprehensive study of the institutional framework and the substantive EC/EU law respectively. The third and final part provides a more general analysis of the policy-making process. Since the major achievements in the field of migration are recent, the book focuses to a great extent on the post-Amsterdam era. However, for reasons of coherence and in order to better evaluate recent developments, a concise overview of the origins of this policy is provided. Moreover, special emphasis is placed on the Schengen acquis, since its mark on European affairs has been and remains pronounced. Overall the attempt has been to provide an account, which is up to date with extensive historical references and combines both an academic and practical perspective to the legal and political issues involved. The approach based on the above elements will contribute to a new understanding of the main aspects of EU migration law and its policy ramifications and will be of use to both academics and practitioners alike.

Illegality, Inc.

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Publisher : Univ of California Press
ISBN 13 : 0520958284
Total Pages : 360 pages
Book Rating : 4.5/5 (29 download)

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Book Synopsis Illegality, Inc. by : Ruben Andersson

Download or read book Illegality, Inc. written by Ruben Andersson and published by Univ of California Press. This book was released on 2014-08-01 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this groundbreaking ethnography, Ruben Andersson, a gifted anthropologist and journalist, travels along the clandestine migration trail from Senegal and Mali to the Spanish North African enclaves of Ceuta and Melilla. Through the voices of his informants, Andersson explores, viscerally and emphatically, how Europe’s increasingly powerful border regime meets and interacts with its target–the clandestine migrant. This vivid, rich work examines the subterranean migration flow from Africa to Europe, and shifts the focus from the "illegal immigrants" themselves to the vast industry built around their movements. This fascinating and accessible book is a must-read for anyone interested in the politics of international migration and the changing texture of global culture.

Privatising Border Control

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Author :
Publisher : Oxford University Press
ISBN 13 : 0192671413
Total Pages : 289 pages
Book Rating : 4.1/5 (926 download)

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Book Synopsis Privatising Border Control by :

Download or read book Privatising Border Control written by and published by Oxford University Press. This book was released on 2022-11-07 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, many breaches of immigration law have been criminalised. Foreign nationals are now routinely identified in court and in prison as subjects for deportation. Police at the border and within the territory refer foreign suspects to immigration authorities for expulsion. Within the immigration system, new institutions and practices rely on criminal justice logic and methods. In these examples, it is not the state that controls the national border: instead, it is often privately contracted companies. This collection of essays explores the growing use of the private sector and private actors in border control and its implications for our understanding of state sovereignty and citizenship. Privatising Border Control is an important empirical and theoretical contribution to the growing, interdisciplinary body of scholarship on border control. It also contributes to the academic inquiry into the growing privatisation of policing and punishment. These domains, once regarded as central to the state's police power and its monopoly on violence, are increasingly outsourced to private providers. With contributions from scholars across a range of jurisdictions and disciplines, including Criminology, Law, and Political Science, Privatising Border Control provides a novel and comparative account of contemporary border control policy and practice. This is a must-read for academics, practitioners, and policymakers interested in immigration law and the growing use of the private sector and private actors in border control.