Criminalization or instrumentalism? New trends in the field of border criminology

Theoretical Criminology, Ahead of Print.
The crimmigration literature has underlined the increasing merging of criminal law and immigration law practices and procedures. Border criminology literature, in turn, has recently scrutinized the penal scenario in which this alleged fusion is taking place. Both pieces of scholarship, though, largely overlook the agonistic coexistence of border control interests and crime prevention aims, as well as the preference given to immigration enforcement arrangements over criminal law procedures in many jurisdictions. By drawing on a number of cases mainly—albeit not exclusively—taken from Spanish crimmigration policies, this article examines what may be called the ‘instrumentalism’ strategies that are notably transforming crime control practices targeting noncitizens, and the criminal justice system in its entirety.

José A Brandariz

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