ABSTRACT

The literature reviewed in Chapter 1 generally considers crimmigration to consist of four main elements: the criminalization of immigration laws violations; the mass deportation of non-citizens convicted of crimes; the reliance on detention for enforcing deportation decisions; and the general dependence on criminal justice apparatuses in civil immigration proceedings. Based on the comparative review held in Chapter 2, this chapter introduces the ‘fifth element’ of crimmigration: A reliance on the criminal justice system to manage populations of territorially present migrants. It contends that crimmigration plays a major role in the domestication of immigration policy, in two main senses. In the first, physical/territorial sense, crimmigration supplies the state with local policing apparatuses designed for continued policing and supervision, to supplement traditional measures of border control. In the second, legal sense, these local apparatuses bring the treatment of asylum-seekers into the state’s normal, domestic legal framework. While domestication is particularly characteristic of crimmigration under international protection, this chapter argues that it is also inherent to crimmigration as a whole.