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Author: Gian Luigi Gatta
Publisher: Bloomsbury Publishing
ISBN: 150993393X
Category : Law
Languages : en
Pages : 311
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Book Description
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.
Author: Gian Luigi Gatta
Publisher: Bloomsbury Publishing
ISBN: 150993393X
Category : Law
Languages : en
Pages : 311
Get Book
Book Description
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.
Author: Gian Luigi Gatta
Publisher: Bloomsbury Publishing
ISBN: 1509933921
Category : Law
Languages : en
Pages : 305
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Book Description
Introduction / Gian Luigi Gatta, Valsamis Mitsilegas and Stefano Zirulia -- Assessing migration management and the role of criminal law / Elspeth Guild -- The criminalisation of migration in the law of the European Union : challenging the preventive paradigm / Valsamis Mitsilegas -- Global trends in 'crimmigration' policies : from the EU to the USA / Gian Luigi Gatta -- The connections between migration, crime, and punishment : historical and sociological questions / Dario Melossi -- Current trends, numbers and routes in EU migrations : is existing legislation creating more irregularity? / Maria Giovanna Manieri -- Crimmigration in Spain / José A Brandariz -- Ethnicity based immigration checks : crimmigration and the how of immigration and border control / Maartje van der Woude -- Crimmigration in Greece : a story of exceptional derogations from the rule of law within a permanent situation of emergency / Nikolaos Chatzinikolaou -- Immigration detention between law and practice in Italy : managing the border through arbitrary detention / Francesca Cancellaro -- Detention as a tool of immigration and asylum enforcement in the EU / Justine N Stefanelli -- Is that a smuggler? : the blurring line between facilitating illegal immigration and providing humanitarian assistance at the European borders / Stefano Zirulia -- Reversing the perspective : criminal responsibility of Italian authorities for human rights violations in Libya? / Luca Masera.
Author: Gian Luigi Gatta
Publisher: Bloomsbury Publishing
ISBN: 1509933948
Category : Law
Languages : en
Pages : 312
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Book Description
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.
Author: Mary Bosworth
Publisher: Oxford University Press
ISBN: 0198814887
Category : Social Science
Languages : en
Pages : 289
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Book Description
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.
Author: Maria João Guia
Publisher:
ISBN: 9789490947781
Category : Law
Languages : en
Pages : 0
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Book Description
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
Author: Elspeth Guild
Publisher: Martinus Nijhoff Publishers
ISBN: 9004150641
Category : Law
Languages : en
Pages : 432
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Book Description
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.
Author: Hiroshi Motomura
Publisher: Oxford University Press
ISBN: 0199385300
Category : Law
Languages : en
Pages : 272
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Book Description
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.
Author: Ana Aliverti
Publisher:
ISBN: 9780415839228
Category : Criminal justice, Administration of
Languages : en
Pages : 0
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Book Description
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.
Author: Amada Armenta
Publisher: Univ of California Press
ISBN: 0520296303
Category : Social Science
Languages : en
Pages : 212
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Book Description
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
Author: Valsamis Mitsilegas
Publisher: Springer
ISBN: 331912658X
Category : Law
Languages : en
Pages : 110
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Book Description
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.
