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The Borders of PunishmentMigration, Citizenship, and Social Exclusion$
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Katja Franko Aas and Mary Bosworth

Print publication date: 2013

Print ISBN-13: 9780199669394

Published to Oxford Scholarship Online: September 2013

DOI: 10.1093/acprof:oso/9780199669394.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 24 October 2021

The Process is the Punishment in Crimmigration Law

The Process is the Punishment in Crimmigration Law

(p.58) 3 The Process is the Punishment in Crimmigration Law
The Borders of Punishment

Juliet P. Stumpf

Oxford University Press

This chapter examines whether the interaction between criminal and immigration law, or ‘crimmigration’ law, is transforming these related processes into punishment. The first part considers how the rise of crimmigration law complicates the question of whether deportation constitutes criminal punishment in US law. The second part draws on Malcolm Feeley's work on the punitive nature of criminal process to analyse how crimmigration law has extended and complicated the processes of prosecuting and deporting non-citizens. The chapter concludes by reflecting on the relationship between the process of crimmigration and the contours of punishment. It identifies two critical markers that signal when the processes of crimmigration law may shade over into punishment: when the motives of the authorities enacting and enforcing the criminalizing process are to exact a sanction; and when the non-citizen commonly experiences the process as punitive.

Keywords:   criminal law, immigration law, prosecution, deportation, non-citizens, criminal punishment

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