Abstract
Border criminology authors have recently called for an expansion of criminological conceptions on penal power to include migration law enforcement devices. An amplified analytical gaze on penality is critical to challenge mainstream notions of punitiveness—an academic effort that is particularly relevant because incarceration rates are declining in many Global North jurisdictions. This paper explores various implications of this border criminology contribution to academic debates on punitiveness by investigating the interrelation of incarceration rate changes with detention and deportation data. In so doing, it contributes to the burgeoning theoretical debate on the impact of immigration enforcement policies on current penal changes.
Highlights
An exploration of penal changes over the last decades inevitably must consider the growing relevance of non-citizens for the criminal justice system
In calling for an expanded analytical gaze on the penal power, border criminology authors are supplying a wide range of insightful perspectives to examine current penality
This literature has made a compelling case for the gradual consolidation of a dual criminal justice system, in which non-citizens are purposefully excluded from the remaining penal welfarism practices
Summary
An exploration of penal changes over the last decades inevitably must consider the growing relevance of non-citizens for the criminal justice system. Since many national criminal justice systems are giving increasing preference to deportation measures in managing their foreign clientele, a new model of bifurcated or dual penality is emerging across Europe and elsewhere (Stanley 2018; Turnbull and Hasselberg 2017; Ugelvik and Damsa 2018; Weber 2015) In this model, nationality criteria deeply condition every step of criminalisation procedure (Beckett and Evans 2015; Eagly 2010; Vázquez 2017). The paper begins by examining the recent theories calling for an amplification of the academic gaze on the penal field, a proposal that is crucially energised by the border criminology literature It explores the implications of this proposal to consider immigration enforcement policies and measures for current conceptions of punitiveness. The paper summarises some conclusions that may refine the current academic conversation on punitive changes
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