The Criminalization of Migration: Context and Consequences

Description

With over 240 million migrants in the world, including over 65 million forced migrants and refugees, states have turned to draconian measures to stem the flow of irregular migration, including the criminalization of migration itself. Canada, perceived as a nation of immigrants and touted as one of the most generous countries in the world today for its reception of refugees, has not been immune from these practices. This book examines "crimmigration" – the criminalization of migration – from national and comparative perspectives, drawing attention to the increasing use of criminal law measures, public policies, and practices that stigmatize or diminish the rights of forced migrants and refugees within a dominant public discourse that not only stereotypes and criminalizes but marginalizes forced migrants. Leading researchers, legal scholars, and practitioners provide in-depth analyses of theoretical concerns, legal and public policy dimensions, historic migration crises, and the current dynamics and future prospects of crimmigration. The editors situate each chapter within the existing migration literature and outline a way forward for the decriminalization of migration through the vigorous promotion and advancement of human rights. Building on recent legal, policy, academic, and advocacy initiatives, The Criminalization of Migration maps how the predominant trend toward the criminalization of migration in Canada and abroad can be reversed for the benefit of all, especially those forced to migrate for the protection of their inherent human rights and dignity. Cover THE CRIMINALIZATION OF MIGRATION Title Copyright Contents Foreword: Protecting the Human Rights of Migrants as Part of a Long-Term Strategic Vision on Mobility and Diversity Preface Introduction: The Criminalization of Migration: Context and Consequences PART ONE THE CRIMINALIZATION OF MIGRATION AND ITS INTENDED AND UNINTENDED CONSEQUENCES 1 The (Mis-)Uses of Analogy: Constructing and Challenging Crimmigration in Canada 2 Treating the Symptom, Ignoring the Cause: Recent People-Smuggling Developments in Canada and Around the World 3 Anti-Trafficking and Exclusion: Reinforcing Canadian Boundaries through Human Rights Discourse PART TWO THE CRIMINALIZATION AND THE EXCLUSION OF REFUGEES IN CANADA AND ABROAD 4 Recent Jurisprudential Trends in the Interpretation of Complicity in Article 1F(a) Crimes 5 An Analysis of Post-Ezokola and JS Jurisprudence on Exclusion 6 The Interpretation of Exclusion 1F(b) of the 1951 Refugee Convention Internationally and in Canada PART THREE CRIMMIGRATION RESPONSES TO “MIGRATION CRISES”: HISTORICAL AND COMPARATIVE PERSPECTIVES 7 Attrition through Enforcement and the Deportations of Syrians from Jordan and Turkey 8 Is the US Gaming Refugee Status for Central Americans? A Study of the Refugee Status Determination Process for Central American Women and Their Children 9 A Population Takes Flight: The Irish Famine Migration in Boston, Montreal, and Liverpool, and the Politics of Marginalization and Criminalization PART FOUR CRIMINALIZING REFUGEES AND OTHER FORCED MIGRANTS: CURRENT DYNAMICS, FUTURE CHALLENGES, AND PROSPECTS 10 Back to the Future: Shifts in Canadian Refugee Policy Over Four Decades 11 Scoping the Range of Initiatives for Protecting the Employment and Labour Rights of Illegalized Migrants in Canada and Abroad 12 Progress towards a Common European Asylum System? The Migration Crisis in Europe Conclusions: Beyond Context and Consequences: Countering the “Criminalization of Migration” through the Promotion of the Human Rights of Migrants Contributors Index