The Borders of Punishment: Migration, Citizenship, and Social Exclusion

Objectification in ActionRacialization of ImmigrationLegal Status, Vulnerability, and Criminalization‘Protections’ that increase vulnerabilityExclusion and risk of reoffendingNot ‘Bare Lives’—Agency, Resistance, and DiversityConclusion—A More Positive VisionReferencesI CRIMINALIZATIONThe Ordered and the Bordered Society: Migration Control, Citizenship, and the Northern Penal StateThe Ordered and the Bordered Society: The Novel AssemblagesThe Northern Penal State and the Global Prohibition RegimesFrom Deviant States to Deviant Citizens: Global Hierarchies of Citizenship‘This is a Full Country’: The Bordered Penality and Citizenship in a Limited WorldConclusionReferencesIs the Criminal Law Only for Citizens? A Problem at the Borders of PunishmentCriminal Law as Public LawState, Citizen, and the Authority of the Criminal LawThe Territory of the Criminal Law and the Problem of the OutsiderSome Hazards of Criminal Law at the BorderThe Criminalization of Immigration and the Limits of the Criminal LawConcluding ThoughtsReferencesThe Process is the Punishment in Crimmigration LawI. Crimmigration Law and the Punishment DebateII. The Procedural Landscape of Crimmigration: When Does Process Become Punitive?Costs of procedure ordain outcomesProcedural elements take the place of traditional criminal punishmentNon-judicial actors more active than judges in imposing procedural burdensCriminal prosecution and adjudication of deportation as procedural precursors for each otherSegregation of non-citizen defendantsBars to re-entryIII. Burdens versus PunishmentReferencesThe Troublesome Intersections of Refugee Law and Criminal LawCriminal Law and Refugee ExclusionsAsylum Seekers as Suspects: No Evidence, No BurdenExtraditing RefugeesConclusionsReferencesII POLICING Policing Transversal BordersBorder Policing and Transversal BordersThe internal border: DIAC compliance—from a ‘well oiled’ to a ‘well targeted’ removal machineThe internal border: New South Wales Police—‘getting rid’ of problem peopleThe internal border: migration policing networks—‘making life difficult’ for unlawful non-citizensConclusionReferencesMaking Mobility a Problem: How South African Officials Criminalize MigrationThe Praxis of Mobility PolicingTraining Officials to See Migration as a Crime: The Case of Human TraffickingUsing Human Mobility to Make Property TangibleSummary and ConclusionReferencesHuman Trafficking and Border Control in the Global SouthHuman Trafficking as Illegal Immigration CrimePolicing-at-a-distanceThe Geopolitics of Trafficking ControlThe Technocratic Politics of Border ManagementNovel Assemblages of Border PolicingConclusionReferencesIII IMPRISONMENTCan Immigration Detention Centres be Legitimate? Understanding Confinement in a Global WorldImmigration Detention: An OverviewJustifying DetentionLife in DetentionLegitimating DetentionConclusionReferencesHubs and Spokes: The Transformation of the British PrisonThe CrisisImmigration PostmenThe Criminalization of ImmigrationConclusionReferencesSeeing Like a Welfare State: Immigration Control, Statecraft, and a Prison with Double VisionSeeing Like a Welfare StateImmigration to Norway at a GlanceA State with Double Vision?Conclusion: Welfare State CraftingReferencesIV DEPORTATIONThe Social Bulimia of Forced Repatriation: A Case Study of Dominican DeporteesSocial Exclusion, Bulimia, and AgencyLeaving, the Seduction of the American Dream, and OtheringBlurred Boundaries, Drifting, and Pathways to CrimeThe Vindictiveness of Prison and DeportationConclusionReferencesDeportation, Crime, and the Changing Character of Membership in the United KingdomBanishment and the Norm against Expelling CitizensCommonwealth CitizensDual Nationals Born into UK CitizenshipLong-term Permanent ResidentsInterpreting the Changing Boundaries of DeportationConclusionReferencesDemocracy and Deportation: Why Membership Matters MostDemocracy and DeportationMain Structural Features of Democracy that Restrict Mobility Nation state and territoryParadox of democracy: differential treatment for non-membersDeporting Roma: A Critical Case in Sweden No-man’s-landConclusion: Membership Matters MostReferencesV SOCIAL EXCLUSIONGoverning the Funnel of Expulsion: Agamben, the Dynamics of Force, and Minimalist BiopoliticsThe Borders of AgambenForcing the UnenforceableWorkWelfare and AidThe Dynamics of the Funnel: Framing ChoicesWaiting Camps: The Dynamics of Governing the Non-populationMinimalist BiopoliticsConclusionReferencesPeople on the Move: From the Countryside to the Factory/PrisonA Cyclical Theory of Punishment and Social StructureBetween the Seventeenth and Eighteenth Centuries: A Pre-historyThe Age of the Crowd in EuropeChicago: Migrants, Fordism, and GangstersPost-Fordism, Globalization, and Crime in AmericaGlobal Post-FordismConclusionReferencesEpilogue: The Borders of Punishment: Towards a Criminology of MobilityBorder Work, Criminology, and the Crimmigration Control IndustryCrimmigration lawCrimmigration control technologiesCrimmigration policingImmcarcerationThe Harms of Crimmigration ControlTheorizing a Criminology of Mobility: Thinking Beyond Global ApartheidConclusionReferences
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