The hostile environment and crimmigration: blurring the lines between civil and criminal law

Abstract

The recent media furore surrounding the UK government's hostile environment policy and the treatment of the Windrush generation drew attention to the use of criminal law for regulatory purposes within the context of immigration. The proliferation of immigration offences, and the reproduction of criminal provisions in immigration laws, signals a blurring of the lines between the civil and criminal legal realms: while immigration law purports to be administrative in character it is often effected through criminal law, which is used against citizens and non-citizens in breach of immigration rules when immigration measures alone are ineffective. These 'crimmigration' measures can be understood as examples of hybrid proceduralism. The civil/criminal procedural hybrids used in 'crimmigration' processes are borne of ideologically motivated political expediency, and disproportionately disadvantage vulnerable populations, who are frequently portrayed as deviant. They privilege specific policy goals over considerations of human rights, civil liberties, and due process.