The unprecedented growth of the penal system in the United States has motivated an expansive volume of research on the collateral consequences of punishment. In this review, we take stock of what is ...known about these collateral consequences, particularly in the domains of health, employment, housing, debt, civic involvement, families, and communities. Yet the full reckoning of the formal and informal consequences of mass incarceration and the tough-on-crime era is hindered by a set of thorny challenges that are both methodological and theoretical in nature. We examine these enduring challenges, which include (
a
) the importance of minimizing selection bias, (
b
) consideration of treatment heterogeneity, and (
c
) identification of causal mechanisms underlying collateral consequences. We conclude the review with a focused discussion on promising directions for future research, including insights into data infrastructure, opportunities for policy tests, and suggestions for expanding the field of inquiry.
The crimmigration literature has underlined the increasing merging of criminal law and immigration law practices and procedures. Border criminology literature, in turn, has recently scrutinized the ...penal scenario in which this alleged fusion is taking place. Both pieces of scholarship, though, largely overlook the agonistic coexistence of border control interests and crime prevention aims, as well as the preference given to immigration enforcement arrangements over criminal law procedures in many jurisdictions. By drawing on a number of cases mainly—albeit not exclusively—taken from Spanish crimmigration policies, this article examines what may be called the ‘instrumentalism’ strategies that are notably transforming crime control practices targeting noncitizens, and the criminal justice system in its entirety.
This article examines the socio-political implications of using criminal law to address migration issues in Italy. It delves into the polarised political debate characterised by crimmigration, on the ...one hand, and calls to criminalise border violence to protect migrants, on the other hand. It argues that both uses of penality reflect and foster penal antagonism, whereby both sides of the debate seek to impose their views using punishment. Penal antagonism leads to more migrants being incarcerated and forecloses possibilities for more political changes to the prevailing anti-immigration paradigm. Drawing on Chantal Mouffe's work, the article proposes agonistic politics as an alternative approach: a political confrontation to assert one's vision about migration, but where the opponent is an adversary to engage politically rather than an enemy to be delegitimised through penality. Moving from penal antagonism to political agonism could help decouple migration from penality and remove a central source of harm for migrants.
Abstract
Much scholarship underscores the exclusionary nature of crimmigration (the policy of criminalising infringements of immigration rules and imposing adverse immigration consequences as ...sanctions for criminal conduct), viewing it as a system of social marginalisation designed to prevent integration. This article, conversely, demonstrates crimmigration’s potential to contribute to the partial and symbolic acceptance of migrants. The article argues that crimmigration is characterised by a ‘paradox of exclusion’—a contradictory attempt to exclude undesirable migrants via the field of criminal law, which is designed primarily for citizens. Consequently, crimmigration regimes extend to migrants certain rights associated with membership and provide irregular migrants with various opportunities to gain admittance into the community. Two main processes contribute to this dynamic: the extension of principles typical of ‘citizen criminal law’ to migrants and the equation of law abidance with ‘good citizenship’, which informally confirms the right of certain migrants to remain in the country or their suitability for membership. The article discusses crimmigration’s consequent contribution to the process of civic stratification.
Recent scholarship has highlighted that, for many foreign nationals, Western European prisons function as 'places of crimmigration' where non-citizens are over-represented, often excluded from ...rehabilitation efforts, sometimes held in segregated prisons, and where it is common for incarceration to lead to deportation. However, this literature has mainly focused on north-western European countries and has neglected countries on the EU's southern border, where different dynamics may be at work. This research aims to provide a broader understanding of how border control shapes imprisonment in Western European prisons by including Spain, a Southern European country, in the picture. To this end, this article examines prison regulations on foreign inmates and original statistics on their release and expulsion from prison. In doing so, this paper demonstrates that the aims of border control have permeated Spanish prisons, making imprisonment into an exclusionary punishment for certain non-citizens and introducing a new role for prison staff. The findings of this study also indicate that expulsions are used selectively on a small proportion of incarcerated noncitizens. This result is consistent with previous research suggesting a discrepancy between crimmigration discourse and practice, while also revealing the existence of hierarchies of belonging.
Como reacción de la población al aumento de la migración ‘irregular’ en la cuidad de Iquique, además de las protestas xenófobas contra los migrantes se han formado diversas acciones e iniciativas en ...solidaridad con los afectados, involucrando a diferentes actores y organizaciones de la sociedad civil local. Sin embargo, estas organizaciones pro-migrantes han experimentado nuevas formas de represión y criminalización por parte de distintos actores. Este artículo explora cómo la criminalización de la solidaridad se ha convertido en un nuevo instrumento del crimmigration control. Para ello, se realizaron entrevistas centradas en los problemas con organizaciones de la sociedad civil. Se ha demostrado que el desarrollo de la criminalización tiene tanto un aspecto legal-formal resultante de un cambio reciente en la Ley de Migraciones, pero también que la deslegitimación y desacreditación en el discurso público y por parte de actores políticos es otra forma de criminalización que afecta al trabajo y la vida de los miembros y se utiliza como una nueva herramienta del control migratorio.
Abstract
According to mainstream criminology, Nordic societies with their generous welfare states are supposed to moderate, if not restrict, penal powers. In the case of migration, we see the ...opposite pattern. In Denmark, we see extended use of penal institutions and penal harms to contain and remove unwanted populations from the region, including proposals for a prison island and the confinement of migrants in 19th century prisons. To make sense of these developments and interpret its social meaning, we unpack the logic of the punishment–welfare nexus and Nordic exceptionalism. We find that Denmark expands penal power to regulate non-citizens, deter migration and uphold national interests. These repressive practices are not exceptions to the rule but rather illustrate the exclusionary edge and very nature of the penal regimes in Denmark, a Nordic welfare state.
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