Managing crime through migration law in Australia and the United States: a comparative analysis

Khanh Hoang, Sudrishti Reich
2017 Comparative Migration Studies  
This article examines the intertwining of migration law and criminal lawtermed 'crimmigration' by scholarsin 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
more » ... iew 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 Stateswhere such a 'risk management' approach is entrenchedwe query the utility of this shift and highlight the potential pitfalls of pursuing such a policy for Australia.
doi:10.1186/s40878-017-0056-0 pmid:28835878 pmcid:PMC5547176 fatcat:jvmmewke4fcptb2jv4agz72bp4