By Ana Aliverti
This e-book examines the function of felony legislation within the enforcement of immigration controls during the last twenty years in Britain. The criminalization of immigration prestige has traditionally served capabilities of exclusion and keep an eye on opposed to those that defy the state’s powers over its territory and inhabitants. within the final 20 years, the powers to exclude and punish were better through the growth of of immigration offences and their extra systematic enforcement.
This e-book is the first in-depth research on felony offences in Britain, and provides unique empirical fabric concerning the use of felony powers opposed to suspected immigration wrongdoers. in line with interviews with practitioners and employees on the united kingdom Border corporation and knowledge from proceedings related to immigration defendants, it examines prosecution choice making and the court cases ahead of the felony justice system. Crimes of Mobility critically analyses the criminalization of immigration prestige and, extra often, the features of the legal legislation in immigration enforcement, from a criminal and normative standpoint.
It should be of curiosity to teachers and learn scholars engaged on criminology, felony legislations, felony justice, socio-legal reports, migration and refugee reports, and human rights, in addition to felony legislation and immigration practitioners.
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Extra info for Crimes of Mobility: Criminal Law and the Regulation of Immigration (Routledge Studies in Criminal Justice, Borders and Citizenship)
Further, both prisons and immigration detention centres operate as ‘exclusionary zones’ that mark the physical and symbolic borders of British society. Jonathan Simon (1998: 590) examined the systematic imprisonment of immigrants in the United States from the 1980s onwards as a response to the massive population flows from Latin America. He suggested that the use of imprisonment – a ‘specialized penal system’ – was a governmental strategy to regulate the global flows of people in a flexible, cost-efficient way.
In fact, the use of criminal law against non-citizens is usually confined to specific cases, particularly when the option of executive removal is not available. Criminalization is, thus, an accidental, mundane, erratic and discretionary phenomenon rather than a planned strategy and a synchronized project to keep people behind bars. This study is both a theoretical and empirical enquiry about the role of criminal law and the criminal justice system in the regulation of immigration. It sheds light on the unexplored field of ‘criminal immigration laws’ (Eagly 2010: 1297) by providing original empirical data on the decision-making process in cases involving people in breach of immigration rules and how these cases are dealt with by the criminal justice system.
The main target of the critics was the deportation power contained in the act. By contrast, the introduction of criminal sanctions against foreigners and ‘third parties’ attracted less condemnation. In fact, although the AA 1793 was repealed in 1826, already the Aliens Act 1814 (AA 1814) contained some of these offences. 7 While they did not constitute a comprehensive system of controls, these laws established a set of rules to govern ‘aliens’ and formed the legal basis for the system of immigration controls in the early twentieth century.