Managing crime through migration law in Australia and the United States: a comparative analysis
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 a...
| Main Authors: | , |
|---|---|
| Format: | Article |
| Language: | English |
| Published: |
SpringerOpen
2017-08-01
|
| Series: | Comparative Migration Studies |
| Subjects: | |
| Online Access: | http://link.springer.com/article/10.1186/s40878-017-0056-0 |
| _version_ | 1818477969786535936 |
|---|---|
| author | Khanh Hoang Sudrishti Reich |
| author_facet | Khanh Hoang Sudrishti Reich |
| author_sort | Khanh Hoang |
| collection | DOAJ |
| description | 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. |
| first_indexed | 2024-12-10T09:42:47Z |
| format | Article |
| id | doaj.art-051f08086607474892e6213508cf586d |
| institution | Directory Open Access Journal |
| issn | 2214-594X |
| language | English |
| last_indexed | 2024-12-10T09:42:47Z |
| publishDate | 2017-08-01 |
| publisher | SpringerOpen |
| record_format | Article |
| series | Comparative Migration Studies |
| spelling | doaj.art-051f08086607474892e6213508cf586d2022-12-22T01:53:56ZengSpringerOpenComparative Migration Studies2214-594X2017-08-015112410.1186/s40878-017-0056-0Managing crime through migration law in Australia and the United States: a comparative analysisKhanh Hoang0Sudrishti Reich1Migration Law Program, ANU College of Law, Australian National UniversityMigration Law Program, ANU College of Law, Australian National UniversityAbstract 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://link.springer.com/article/10.1186/s40878-017-0056-0CrimmigrationMigrationVisa cancellationComparative migration |
| spellingShingle | Khanh Hoang Sudrishti Reich Managing crime through migration law in Australia and the United States: a comparative analysis Comparative Migration Studies Crimmigration Migration Visa cancellation Comparative migration |
| title | Managing crime through migration law in Australia and the United States: a comparative analysis |
| title_full | Managing crime through migration law in Australia and the United States: a comparative analysis |
| title_fullStr | Managing crime through migration law in Australia and the United States: a comparative analysis |
| title_full_unstemmed | Managing crime through migration law in Australia and the United States: a comparative analysis |
| title_short | Managing crime through migration law in Australia and the United States: a comparative analysis |
| title_sort | managing crime through migration law in australia and the united states a comparative analysis |
| topic | Crimmigration Migration Visa cancellation Comparative migration |
| url | http://link.springer.com/article/10.1186/s40878-017-0056-0 |
| work_keys_str_mv | AT khanhhoang managingcrimethroughmigrationlawinaustraliaandtheunitedstatesacomparativeanalysis AT sudrishtireich managingcrimethroughmigrationlawinaustraliaandtheunitedstatesacomparativeanalysis |