Crimmigrant Nations , livre ebook

CRIMMIGRANT NATIONSCrimmigrant
Nations
RESURGENT NATIONALISM AND THE CLOSING OF BORDERS
Robert Koulish and
Maartje van der Woude
Editors
Fordham University Press New York 2020Maartje van der Woude’s co- editorship of and contributions to this volume are
part of her five- year research project “Getting to the Core of Crimmigration”
(project number 452- 16- 003), which is financed through the VIDI research
scheme by the Dutch Research Council (NWO).
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Printed in the United States of America
22 21 20 5 4 3 2 1
First editionContents
Introduction: The “Problem” of Migration
Robert Koulish and Maartje van der Woude 1
I. Border Criminologies
1 Insecurity Syndrome: The Challenges of Trump’s Carceral State
Tony Platt 33
2 Migration, Populism, Racism: Between “Old” Italy
and “New” Europe
Dario Melossi 50
3 The Promise of the Border: Immigration Control and Belonging
in Contemporary Britain
Ana Aliverti 68
II. Crimmigration under Trump
4 The Terrorism of Everyday Crime
Juliet P. Stumpf 89
5 The Trumping of Neoliberal Penality? Trump’s Presidency and
the Rise of Nationalist Authoritarianism in the United States
Sappho Xenakis and Leonidas K. Cheliotis 116
6 Trump v. Hawaii: Trumpeting Authoritarianism with Formalist
Analysis and Sovereign Norms
Robert Koulish 134 7 A Path toward Nowhere: The Rise of Enforcement- Based
Immigration Policy
Doris Marie Provine 157
8 Trump Doesn’t Tweet Dog Whistles, He Barks with the
Dogs: Crimmigration as a Racial Project through the Lens
of Trump’s Twitter
Rashawn Ray and Simone Durham 179
9 Mirrors of Justice? Undocumented Immigrants in Courts
in the United States and Russia
Agnieszka Kubal and Alejandro Olayo- Méndez 198
III. Shoring Up Fortress Europe
10 Euroskepticism, Nationalism, and the Securitization of Migration
in the Netherlands
Maartje van der Woude 227
11 Sorting Out Welfare: Crimmigration Practices and Abnormal
Justice in Norway
Helene O. I. Gundhus 249
12 The Fight against Terrorism in Belgium: Crimmigration Law
as a Counterterrorism Instrument?
Lana De Pelecijn and Steven De Ridder 279
13 How Does Crimmigration Unfold in Poland?: Between
Securitization Introduced to Polish Migration Policy by Its
Europeanization and Polish Xenophobia
Witold Klaus 298
14 Migration Control, Populism, and the Spectrum of Exclusion
in Turkey
Zeynep Kasli and Zeynep Yanasmayan 315
List of Contributors 337
Index 341Introduction
The “Problem” of Migration
Robert Koulish and Maartje van der Woude
As the distinction between domestic and international is increasingly blurred,
along with the line between internal and external borders, irregular migrants
have become emblematic of the hybrid threat both to national security and
1
sovereignty and to safety and order inside the state. The evocation of fear
and the practice of pointing to a real or imagined enemy of color that must
be hated and fought against is common among populist demagogues in the
United States and Europe. As Claudia Postelnicescu has observed, while
Donald Trump rages against Mexican immigrants and Muslims, in Europe the
2
refugee has rapidly been identified as the enemy. This increasing influence
of populism and nationalism over immigration has come to dominate politics
in the United States and Europe, so much so that immigration law and policy
are leading nationalist turns on both sides of the Atlantic. Crimmigrant
Nations critically examines how the United States, Britain, and the EU advance
nationalist and populist politics through immigration policy, law, and public
and political discourse.
By looking at debates, practices, and policies on migration and migration
control in the United States, Europe, and Britain, we aim to show not only
how anti-imm igrant sentiments and nationalist discourse are on the rise in
various Western liberal democracies, but also how these sentiments are being
translated into actual policies and practices that contribute to a merger of
crime control and migration control, with devastating effects for those
falling under its reach. This merger has been referred to as the phenomenon of
3
“crimmigration.” Various authors have drawn attention to increasingly harsh
criminal penalties that the U.S. Congress has authorized for immigration
violations, to the growing category of criminal convictions for which noncitizens
12 IntroductIon
face discretionary or—more and more often—mandatory deportation, to the
increasingly punitive feel of immigration proceedings, and to the expanding
4
participation of state and local police agencies in immigration enforcement.
Although scholars provide different explanations for the crimmigration trend,
they are unanimous in concluding that it creates an ever- expanding
population of outsiders, making aliens into criminals without the protections that
5
citizens enjoy.
By combining these frames with scholarship on nationalism and populism,
we will discuss the how (what measures are taken), the why (the rationale
behind these measures and policies), and the who (who is subjected to
exclusion as a result of these measures) of immigration and border control. As
argued by Weber and McCulloch, an integration of theoretical concepts and
perspectives can contribute to a more holistic understanding of the dynamics
6
and dialectics of immigration and border control. This holistic approach is
necessary to make sense of the atrocities happening in the Mediterranean Sea,
where thousands of refugees risk their lives trying to cross the rough waters to
get into Europe, the violence depicted against the Central American
migration caravan(s), the building of the new wall on the U.S.-Mexico border, the
introduction of no- fly lists, and the election of hardline governments
throughout Europe who are resisting refugees and opposing any EU quota system. By
collecting different country case studies that pay attention to the multiscalar
character of debates, decision- making, and practices of migration and border
control in which local, national, and supranational actors, tensions, and
interests play a role, this book looks beyond the level of the local or the national to
the relational dynamics among different actors on different levels and among
7
different institutions.
Setting the Scene
Although it is easy in the light of recent events concerning migration and
migration policies and debates in the countries and continents represented in
this book to focus predominantly on the present, for a proper understanding of
the seriousness of current times, it is necessary to briefly sketch the larger story
of fears and concerns of immigration that predate the election of Trump, the
Brexit vote, and the fortification of Europe’s external borders.
The Lifting of Borders and Growing Concerns
about Migration in Europe
To understand the current debates on migration and border control in
different European countries, it is necessary to go back to the creation of the IntroductIon 3
European Union and, more importantly, the signing and implementation
of the Schengen Agreement. First, under the scope of the European Union,
member states to the Union have agreed to work together on several areas.
8
One of these areas is the area of freedom, security, and justice.
The Schengen Agreement effectively realized the fundamental EU
principle of freedom of movement of goods, services, and people that was crucial
to the success of the predominantly economic drivers behind the creation
of the European Union. By signing the agreement, member states promised
to eliminate border controls that, before the agreement, would be enforced
while crossing borders between member states. In addition, the agreement
included sections dealing with the harmonization of visa and asylum policies,
the introduction of the European Arrest Warrant, the common fight against
cross- border crime, and increased controls at the EU’s external borders for
which the European Border and Coast Guard Agency Frontex was created in
2005. These sections of the agreement increased controls of the EU’s external
borders and the creation of the necessary European databases to monitor entry
and exit as well to exchange police information. The process has led to the
9
reintroduction of the term “Fortress Europe.” In its recent use the term refers
to immigration and external border fortification policies and practices that
10
help prevent undocumented immigration into the European Union.
Concerns about the “security deficit” that would rise after the abolition of internal
border controls in Europe have been present from the very beginning of the
European Union, with specific concerns (initially) about the possibility for
undocumented third- country nationals being able to move through Europe
without any hindrances. Nevertheless, the economic benefits of an actual
“open” market and the compensatory measures taken to fortify Europe’s
external border and to enhance European- wide surveillance were able to appease
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government leaders at the