ABSTRACT
This chapter deals with a small number of questions that are fundamental to understanding crime policy in regard to migrants. It relates to the social conditions and perceptions which make the construction of migrants as a risk category possible; it is hardly a trivial point to consider how it is that the migrant subject should, in a short space of time, have become the main target of the penal system, in a recast version of what in the old days were referred to as the 'dangerous classes'. The chapter focuses on the repercussions a constructed category of risk subjects has for the Spanish penal system. It shows that the current crime policy model exhibits high levels of 'hybridation' between two extremes, guarantees of inclusion and the imposed conditions of exclusion, which give rise to mixed solutions, such as selective exclusion and subordinated inclusion.
