About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

27 Eur. J. on Crim. Pol'y & Rsch. 1 (2021)

handle is hein.journals/eurjcpr27 and id is 1 raw text is: European Journal on Criminal Policy and Research (2021) 27:1-4
https:Ildoi.org/l 0.1007/si 0610-021-09484-5
To Other and Vilify: Manufacturing Migration as Crime
Gabriella Sanchez1
Published online: 17 April 2021
© The Author(s), under exclusive licence to Springer Nature B.V. 2021
This special issue of the European Journal on Criminal Policy and Research brings
together empirical analyses into the criminalisation of practices related to migration and its
implications on human rights. Drawing from the experiences of male and female migrants,
civil society, ordinary citizens, brokers and smuggling facilitators and their encounters
with law enforcement, this collection reduces this gap and raises questions concerning the
way criminal law and policy around the world shapes migrant people's access to justice.
Over the last decade, there has been a proliferation of literature problematising the ways
in which migration law and criminal law have increasingly come together. Authors have
specifically examined how legislation, policy and decision-making concerning migration
enforcement and border controls have progressively designated as criminal those lacking
access to legal, safe and orderly migration, and their efforts to reach destinations elsewhere,
build their lives, and thrive.
This body of work has been pivotal at highlighting the dynamics of migration and
the increasing patterns of criminalisation migrants face (Bhatia et al., 2020). In many
instances, it has also been an important tool when advocating for the rights and protection
of people on the migration pathway and their entanglements with the law by showing how
they often face additional burdens that shape the ways in which they are subjected to pro-
cesses of differentiation and exclusion (Bosworth, 2019: 81).
However, this literature has also had a tendency to emphasise specific notions or percep-
tions about migration. It has often left aside a central social process at its core: the con-
struction of race and citizenship, a troubling disconnect when considering that those who
become the target of enforcement and control are quite often racialised men and women of
colour. Workplace raids, midnight searches, city ordinances and changes in social services
legislation are only some of the acts that are consistently used against specific, racialised
groups to perpetuate their oppression and subordination (Gross-Wyrtzen & Gazzotti, 2020;
Sanchez & Romero, 2010; Tyszler, 2020).
Tendencies in migration research do not end there: some migrant trajectories or des-
tinations are discussed more frequently than others, often reinforcing their construc-
tion in mainstream discourse as problematic (e.g., the transits of migrants are depicted
as uni-directional, seeking solely to reach destinations in the global north or posing
security threats to its stability) (van Houtum & Bueno Lacy, 2020). Literature has also
E Gabriella Sanchez
gasa@diis.dk
Migration and Global Order Unit, Danish Institute for International Studies, Copenhagen, Denmark

Springer

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most