ABSTRACT

This chapter examines three main modalities of penal power – criminalisation, policing, and imprisonment – and see how they are being used for the purpose of controlling unwanted mobility, and how these dynamics are fundamentally reshaping the nature of penal power in Europe. Bordered penality creates a need for new frames of understanding, and a reconsideration of some of the central assumptions about punishment which are deeply rooted in the established conceptions of “normal penalty”. The main objective of penal controls directed at the crimmigrant other is to control the movement and identity of persons on whom state authorities do not want to lose their grip. The fluidity and expandability of the category of illegality has important implications for the nature of other aspects of bordered penality, including law enforcement. The placement of the crimmigrant other in a different imprisonment regime is a result of distinct bureaucratic and political rationalities that differentiate between categories of “native” and “foreign” offenders.