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The Immigration Problem Of Immigration

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Since the 1970’s, the distinction between criminal law and immigration law has become increasingly blurred. In many jurisdictions around the world, undocumented immigration was long considered a civil offence in which violation resulted in fines and deportation. Now, however, illegal crossings are often treated as criminal violations carrying overly punitive consequences such as incarceration in harsh detention centers. The ever-evolving assortment of laws and enforcement measures concerning immigration, as well as negative rhetoric in politics and media, has resulted in migrants being ascribed the stigma of ‘criminal’, ‘alien’ or ‘terrorist’. This paper will explore the criminalization of immigration phenomenon broadly by detailing the …show more content…

Essentially, our social reality is influenced by the state-constructed definition of what is ‘crime’ which often reflects the values of the upper class (Persak, 2016). For example, the trend seen in many cities in the United States of criminalizing homelessness through so called ‘get tough’ policies reflects the upper classes desire for public health and safety, protection of economic interests in business districts and the maintenance of city aesthetic. Although, these policies do not address the causes of homelessness rather they exacerbate the problem and violate the liberties and human rights of citizens (Foscarinis, Cunningham-Bowers & Brown, 1999). Criminalization is perhaps the most repressive and intrusive applications of state power on a citizen and is often implemented, as is the case with the homeless, to target the ‘less-desirable’ social groups (Persak, 2016). Moreover, while formal criminalization in the form of legislation and criminal consequences for infringement works as a social control, it is not the only form of criminalization that occurs. Informal criminalization may in some cases be a more effective form of social control and ultimately lead to formal criminalization of behavior or come as a result of formal legislation. As stated by Hauptman (2013), informal social control measures are any social influences on compliance not

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