The Criminalization of Migration

Abstract

This chapter examines the criminalization of migration through the lens of transnational legal orders (TLOs). By doing so, it seeks to explain dramatic episodes such as the Diciotti refugee incident in Italy, but also provide socio-legal analysis for far-reaching practices such as immigration detention, removal, and refusal of entry, all of which depend on the development of a formalizing legal order and specific regulation such as the EU Returns Directive that transcends national boundaries. It argues that affluent democratic societies of the Global North are in the middle of a major transformation of governance while transnational legal orders are at the center of it.

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