Crimmigration under International Protection: Constructing Criminal Law as Governmentality

ISBN-13: 9781032148915 / Angielski / Twarda / 2023 / 264 str.

Rottem Rosenberg-Rubins

Opis

By exploring crimmigration at its intersection with international refugee law, this book exposes crimmigration as a system focused on the governance of territorially present migrants, which internalizes the impracticability of removal and replaces expulsion with domestic policing.

The convergence of criminal law and immigration law, known as crimmigration, has become perhaps the paradigmatic model for governing migration in the age of globalization. This book offers a unique way of understanding crimmigration as a system of governmentality, the primary target of which is the population, its principal form of knowledge being political economy, and its essential mechanism being the apparatus of security. It does so by characterizing a particular model of crimmigration, termed ‘crimmigration under international protection’, which targets refugees and asylum-seekers who are principally undeportable under international law. The book draws on comparative research of such models implemented worldwide, combined with a detailed case study of the immigration detention system instigated in Israel for coping with asylum-seekers specifically and exclusively. These models demonstrate that, at its core, crimmigration is not a system of outright social exclusion focused on the expulsion of undesirable migrants, but rather one focused on the management, classification and policing of domestic populations. It is argued that under crimmigration regimes criminal law becomes instrumental in the facilitation of gradual assimilation, by shifting immigration enforcement from the margins of the state to the daily supervision of territorially present migrants. The book illustrates this point by focusing on three main themes: crimmigration as domestication; crimmigration as civic stratification and crimmigration as a mechanism coined by Foucault as the apparatus of security and by Deleuze as the society of control. By exploring these themes, the book offers a comprehensive framework for understanding the rise of crimmigration and the particular ways in which it targets resident migrants.

The book will be of interest to researchers and academics working in the areas of criminal law and criminology, immigration law, citizenship studies, globalization studies, border studies and critical refugee studies.

Spis treści

1. Crimmigration and the impracticability of removal; Part I: Crimmigration under international protection: a comparative perspective; 2. Criminalization of refugees and asylum-seekers under international law; 3. Detention of asylum-seekers: a comparative perspective; Part II: Crimmigration as governmentality; 4. Crimmigration as domestication; 5. Crimmigration as civic stratification; 6. The rise of crimmigration in the “society of control”; Part III: Constructing crimmigration under international protection in Israel; 7. Israel's detention policy towards asylum-seekers: a historical and theoretical perspective; 8. Crimmigration under international protection in Israel; 9. Mechanisms for controlling asylum-seekers involved in criminal activity: crimmigration under international protection as “hyper-crimmigration”; 10. Paradigm shift? Immigration detention’s rise and fall as an aid to deportation; 11. Conclusion: lessons from the detention of asylum-seekers in Israel;

O autorze

Rottem Rosenberg-Rubins is an Assistant Professor at the College of Law and Business in Ramat Gan. She additionally teaches at Tel Aviv University and serves as the coordinator of the Israeli public committee for preventing and amending wrongful convictions. Her main area of expertise is criminal law, with the bulk of her research pertaining to the interrelations between criminal law, immigration and citizenship. She combines this interdisciplinary study with the study of wrongful convictions, in an attempt to envision new tools for preventing such convictions ex ante and amending them ex post.