Managing crime through migration law in Australia and the United States: a comparative analysis

Managing crime through migration law in Australia and the United States: a comparative analysis This article examines the intertwining of migration law and criminal law — termed ‘crimmigration’ by scholars — in Australia and the United States of America, and its implications for non-citizens who engage in criminal conduct. Our comparison of the two systems demonstrates that the laws and policies in both jurisdictions are similar to a significant degree. Both have strong exclusionary policies characterised by sweeping visa cancellation/removal powers, a heavy focus on enforcement, and limited review rights. In Australia, legislative amendments in 2014 have given the executive greater powers to cancel visas and remove non-citizens on character grounds as a means of ensuring national security and public safety. This has coincided with a new law enforcement body created within the Australian Department of Immigration. These changes reflect a repurposing of migration law as a tool for managing criminal threats based on the concept of ‘risk management’. Drawing on the experience of the United States — where such a ‘risk management’ approach is entrenched — we query the utility of this shift and highlight the potential pitfalls of pursuing such a policy for Australia. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Comparative Migration Studies Springer Journals

Managing crime through migration law in Australia and the United States: a comparative analysis

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Publisher
Springer International Publishing
Copyright
Copyright © 2017 by The Author(s)
Subject
Social Sciences; Migration; Sociology, general; Population Economics
eISSN
2214-594X
D.O.I.
10.1186/s40878-017-0056-0
Publisher site
See Article on Publisher Site

Abstract

This article examines the intertwining of migration law and criminal law — termed ‘crimmigration’ by scholars — in Australia and the United States of America, and its implications for non-citizens who engage in criminal conduct. Our comparison of the two systems demonstrates that the laws and policies in both jurisdictions are similar to a significant degree. Both have strong exclusionary policies characterised by sweeping visa cancellation/removal powers, a heavy focus on enforcement, and limited review rights. In Australia, legislative amendments in 2014 have given the executive greater powers to cancel visas and remove non-citizens on character grounds as a means of ensuring national security and public safety. This has coincided with a new law enforcement body created within the Australian Department of Immigration. These changes reflect a repurposing of migration law as a tool for managing criminal threats based on the concept of ‘risk management’. Drawing on the experience of the United States — where such a ‘risk management’ approach is entrenched — we query the utility of this shift and highlight the potential pitfalls of pursuing such a policy for Australia.

Journal

Comparative Migration StudiesSpringer Journals

Published: Aug 7, 2017

References

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