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Crime, deportation and the regulation of immigrants in Canada
Abstract
Criminality is now one of the most frequently used provisions for deporting non-citizens from Canada. Individuals who are convicted of crimes outlined in current immigration policies can find themselves subject to deportation proceedings after they have served their sentences unless they are eligible to make an appeal and can do so successfully. This paper examines 177 reported immigration appeal hearings in Canada involving non-citizens who are ordered deported on the basis of criminality. Using documentary analysis along with basic statistics to analyze the appeal hearing decisions, I demonstrate how gender and racial ideologies shape the outcome of these decisions. Theories of moral regulation, social control and governmentality are employed to develop an understanding of the state's treatment of immigrants. That a significant number of immigrants in this study were not deported, but were granted stays with strict conditions highlights how deportation hearings are one mechanism for differentiating between ‘deserving’ and ‘undeserving’ immigrants. This study illustrates how, through the use of racial and gender ideologies, deportation practices are as much about differential exclusion as they are about enforced assimilation. Concerns around criminality rationalizes the ongoing regulation and surveillance of immigrants and the threat of deportation ensures their compliance.
... The concept of coercion in psychiatry is a debated topic, especially in the current context of globalization and immigration (Castille, 2011). Coercion in the lives of immigrant patients with mental health problems may take many forms, but two of the most common include coercion in the context of immigration (Steel, 2006;Mares & Jureidini, 2004) and in medical (particularly psychiatric) settings (Busch & Shore, 2000;Rosen & DiGiacomo, 1978;Brown & Tooke, 1992), although the two concepts commonly intersect during an immigrant's trajectory in the country of adoption (Steel, 2006;Rousseau, 2002;Chan, 2005;Thompson, 1998;Sultan & Sullivan, 2001;Steel & Silove, 2001). While the term ''immigrant'' refers to the foreign born, many immigrants to Canada belong to an additional category called ''visible minorities.'' ...
... Immigration coercive measures are acts taken by the state towards immigrants and refugees -often in order to discourage asylum seekers from entering and remaining in the country's borders (Steel, 2006) -and include (though not exhaustively) refused refugee claim, threatened or actual deportation, and immigrant detention (Steel, 2006;Mares & Jureidini, 2004;Rousseau, 2002;Chan, 2005). It is well documented that these measures, including immigrant detention, are associated with high rates of psychiatric comorbidity (Thompson, 1998;Sultan & Sullivan, 2001;Steel & Silove, 2001). ...
... It is well documented that these measures, including immigrant detention, are associated with high rates of psychiatric comorbidity (Thompson, 1998;Sultan & Sullivan, 2001;Steel & Silove, 2001). In Canada, immigration coercion is poorly documented (Chan, 2005). This may be why a comparison of reported coercive immigration measures among immigrants to Canada has never been attempted. ...
Members of visible minorities are commonly targets of social coercion related to immigration and medical measures. Social coercion is associated with poor mental health outcomes and mistrust of medical services. This study will determine if Afro-Canadian immigrants referred to a Cultural Consultation Service (CCS) in Montreal report more or less medical and immigration coercion compared with other ethnic minorities. We reviewed the charts of 729 referrals to the CCS and gathered data on the 401 patients included in the study. Chi-square statistics examined the relation between minority group and self-reported coercion. Binary logistic regression models controlled for standard sociodemographic variables in addition to ethnicity, language barrier, length of stay in Canada since immigration, refugee claimant status, referral source, presence of psychosis in the main diagnosis, and presence of legal history. Patients were diverse and included 105 Afro-Canadians, 40 Latin Americans, 73 Arab and West Asians, 149 South Asians, and 34 East and Southeast Asians. Being Afro-Canadian was significantly and positively associated with medical coercion (p = .02, 95% CI = 1.15-4.57), while being South Asian was negatively and significantly associated with immigration coercion (p = .03, 95% CI = .29-.93). Members of visible minority communities are not equal in their reported experience of social coercion after arriving to Canada. Future research clarifying pathways to mental health care for immigrants and the experience of new Canadians in immigration and health care settings would give needed context to the findings of this study.
... Canadian immigration policies are frequently criticized for their exclusionary politics and perspectives. The racialization of immigrants in Canadian immigration policies is a historical phenomenon even though the policies are officially 'colour-blind' (Chan, 2005;Li, 2003;Ng, 1992;Razack, 1999;Thobani, 1999). Winant (2000) defines race "as a concept that signifies and symbolizes socio-political conflicts and interests in reference to different types of human bodies" (p. ...
... The points system assigns a point value to potential immigrants based on their perceived social and economic contribution (s) to Canada. The idea behind moving to a points system was to deracialize the selection process such that the race and gender of the applicant should not matter (Chan, 2005;Daniel, 2005). ...
... However, as Abu-Laban (1998) asserts, even though the introduction of the points system abolished overtly racist and sexist immigration policies and practices, it simultaneously forced these issues out of sight. Similarly, Kivisto and Faist (2007) (Chan, 2005). Immigrants of Asian, Indian and African origins are racialized as the 'undesirables' (Cote et al., 2001). ...
... Amir's story of arrest, incarceration, and attempted removal is borne out of Canada's laws and policies intertwining illegality and criminality with poverty and racialization. Th is door picks up on interdisciplinary scholarship's insights into the "centrality of criminalization in the process of racially organizing society" (Escobar 2016: 59-60; see also Alexander 2012;Chan 2005;Escobar 2009;Golash-Boza 2016;Hernández 2008;Longazel et al. 2016;Rodríguez 2010;Silverman and Kaytaz 2020). Amir's journey can prompt us to challenge how immigration detention supports and is supported by gendered, racialized xenophobia and religious prejudices in Canada. ...
... An intersectional lens on the sliding doors scenarios reveals how migrants and refugees experience racial violence, particularly anti-Black racism, on top of immigrant injustice and the violence of detention. Raced, classed, gendered, ableist, neoliberal, and post/neo-colonial biases construct legal and policy categories of "illegal, " "inadmissible, " and "criminal" people, creating barriers to equality for migrants and for citizens (see, e.g., Chan 2005;Clutterbuck 2015;Fernando and Rinaldi 2017;Goldring et al. 2009;Sharma 2001;Silverman 2019;Silverman and Kaytaz 2020;Tam 2017). Tryon Woods (2013: 131) reminds us that anti-Black paradigms ("prostitution, human traffi cking, international drug trade, or even feminist analyses of the larger historical context of globalization") continue to delimit South-to-North migrants into either victims or perpetrators, thereby injuring them in countless ways before they arrive at a prison or detention center. ...
For a 2016 article on immigration detention in Canada, I co-created a composite case study named Amir . At the end of writing, I left him indefinitely incarcerated. This article provides an opportunity both to suggest more ethical ways to research detention, and to query White scholarly acquiescence to anti-Black racism and the build-up of detention systems. To spring Amir , I slide a series of four, interrelated doors: (1) discretionary release; (2) a writ of habeas corpus; (3) the end of anti-Black, anti-Muslim, and anti-refugee discrimination in Canada; and (4) the abolition of detention. I conclude with a reflection on promising methodological directions leading toward a new horizon of immigrant and racial justice.
... An intersectional lens on the sliding doors scenarios reveals how migrants and refugees experience racial violence, particularly anti-Black racism, on top of immigrant injustice and the violence of detention. Raced, classed, gendered, ableist, neoliberal, and post/neo-colonial biases construct legal and policy categories of "illegal, " "inadmissible, " and "criminal" people, creating barriers to equality for migrants and for citizens (see, e.g., Chan 2005;Clutterbuck 2015;Fernando and Rinaldi 2017;Goldring et al. 2009;Sharma 2001;Silverman 2019;Silverman and Kaytaz 2020;Tam 2017). Tryon Woods (2013: 131) reminds us that anti-Black paradigms ("prostitution, human tra cking, international drug trade, or even feminist analyses of the larger historical context of globalization") continue to delimit South-to-North migrants into either victims or perpetrators, thereby injuring them in countless ways before they arrive at a prison or detention center. ...
... ; see alsoAlexander 2012;Chan 2005;Escobar 2009;Golash-Boza 2016;Hernández 2008;Longazel et al. 2016;Rodríguez 2010;Silverman and Kaytaz 2020). ...
... Entry controls at border crossings are not and have never been value-neutral in their construction or application. In the Canadian context, immigration regulation has long been concerned with the moral regulation of potential immigrants; in the early half of the 20th Century, potential immigrants were screened for "moral turpitude" as well as for diseases and criminality (Chan 2005). In the 21st Century, immigrants are still expected to possess "good character" (Chan 2005), but for queer, non-binary and transgender refugees, displaying good character-while also "proving" they are "really queer" (Murray 2014)-often necessitates engaging in performances of respectability to prove that a) they really are the gender or sexual identity they claim to be, and b) that identity is "normal" or otherwise palatable to Canadian society (Seidman 2001). ...
... In the Canadian context, immigration regulation has long been concerned with the moral regulation of potential immigrants; in the early half of the 20th Century, potential immigrants were screened for "moral turpitude" as well as for diseases and criminality (Chan 2005). In the 21st Century, immigrants are still expected to possess "good character" (Chan 2005), but for queer, non-binary and transgender refugees, displaying good character-while also "proving" they are "really queer" (Murray 2014)-often necessitates engaging in performances of respectability to prove that a) they really are the gender or sexual identity they claim to be, and b) that identity is "normal" or otherwise palatable to Canadian society (Seidman 2001). This pattern of "respectability politics" represents another vector by which queer, non-binary and transgender refugees are made precarious; expressions of sexual and gender identity and orientation are often highly individual and play or resistance to norms is often a part of that (Berg and Millbank 2009). ...
In popular media, and sometimes even in academia, people in movement across borders are described as “precarious”; their lives are precarious, their journeys are precarious, their existence is one of precarity. Yet, precarity is not—and never has been—an emergent property of people or their actions. Precarity is a function of the state. It is the state which defines precarity through policy, action (and inaction), and which inscribes that precarity onto those bodies it wishes to regulate. By attaching the label of precarity to migrants and refugees, rather than by describing the actions of states as “making precarious,” discourse obfuscates the disciplinary and normative powers of the state, both at its borders and throughout its area of control. By examining the experiences of non-binary, queer, and trans migrants at Canadian points of entry, and through a critical examination of the literature surrounding the concept of precarity, this paper argues that state interactions with vulnerable people in motion across borders constitute a claims-making process by which bodies are a) made precarious, and b) made into objects for moral regulation and discipline. Bodies in motion across borders are an empirical reality, but their precarity is constructed, reified by the state, and their existence subject to a normative discourse which paints them as threats to be regulated or repelled, or objects of humanitarian concern.
... As a 2005 Canadian crime study of immigration status appeals cases revealed, racialized immigrants were deported more often than immigrants from Anglo-European countries. An examination of 177 appeal cases revealed that for appellants from non-white countries the success rate for appeals was 8 % lower than for Anglo-European immigrants (Chan 2005). The top representing countries based on the number of appeal cases were Jamaica, Iran, India, Vietnam, Guyana, and Trinidad (Chan 2005). ...
... An examination of 177 appeal cases revealed that for appellants from non-white countries the success rate for appeals was 8 % lower than for Anglo-European immigrants (Chan 2005). The top representing countries based on the number of appeal cases were Jamaica, Iran, India, Vietnam, Guyana, and Trinidad (Chan 2005). A Human Rights Watch report was published by the American Civil Liberties Union, also in 2010. ...
In this paper I will argue, through the example of the “treatment” of racialized minorities diagnosed with mental illness, that the mental health system (including its unique laws, production of different identity categories and ruling disciplines), with its dogmatic adherence to and reliance on alleged expert opinion and internal inquiry, allows for the erasure of subaltern voices. Often we hear about a tragic incident as reported by the media about someone diagnosed with a mental illness who has committed a crime. These representations routinely present the person as violent, aggressive, uncontrollable, and unpredictable. Repeatedly the voice of the accused is not represented; his or her social, historical, and political contexts are not considered relevant. The technologies of the criminal justice and mental health system’s use of physical or chemical restraint, coercive treatment, or practices such as deportation are also not reported, thus reproducing systems of harm. We don’t get to look inside the asylum. Patients’ voices are excluded from the discursive practices, disciplinary hegemony or dominant regimes of truth within the mental health system. This creates a system impermeable to criticism, where violence continues to prevail. Through a discussion of the disproportionate criminalization and deportation of the mentally ill, the false associations between mental illness and violence, the colonial ancestry of internal inquiry, and example cases from the media, this paper reviews how these particular technologies of violence owe their inheritance to the orientalising, discursive practices and disciplinary hegemony developed during colonization that when ignored, reproduce the dehumanizing outcomes upon which they were built.
... Bigo (2000: 93) argues that the immigrant as folk devil has replaced the ideological function served by the Soviet bloc during the Cold War. If the immigrant-conceived-as-criminal carries this heavy load, then we can expect the immigrant who is actually convicted of a criminal offence to be doubly targeted for exclusion (Chan, 2005;Warner, 2005). ...
... 5 The target was reached in time for a Christmas announcement that the British immigration authorities had deported a record 45,000 failed asylum seekers, foreign national prisoners and other 'immigration offenders' in the first three-quarters of 2007. 6 A similar desire to expel 'suspect citizens' has been observed across Europe (Fekete, 2005), the USA (Warner, 2005), Canada (Chan, 2005) and Australia (Nicholls, 2007). ...
Attempts by governments to control unwanted border crossings are a defining feature of late modernity; but the suppression of cross-border mobility is not new. In pre-industrial England the `masterless men' and `valiant beggars' were subjected to harsh measures designed to curtail their mobility. In this article, we observe that border control intensifies at times of tumultuous structural change when institutions capable of preserving the emerging economic and social order are largely absent. In a globally mobile society, we argue that `flawed consumers' and `suspect citizens' are the most likely to be earmarked for exclusion. This designation links historical conceptions of `the other' with the tropes of race, class and foreignness to underpin contemporary xeno-racism.
... 424-425; Pratt, 2007, p. 105; Ziudema, 1997, pp. 67- 83) The last amendment to the Immigration Act, 1976 was a response to concerns around race, crime and immigration generated by the " Just Desserts " shooting 24 Bill C-44 also amended the Immigration Act, 1976 to address fraud and multiple refugee claims, and gave the Minister the power to issue danger certificates to individuals judged to be a danger to the public (Chan, 2005, pp. 156-157; Kelley and Trebilcock, 2000, p. 434; Ziudema, 1997, pp. ...
... argues that changes introduced in IRPA " move in two directions: in the direction of cracking down in migration violations of various sorts, and in the direction of making immigration for well-qualified economic migrants easier. " In relation to the mandate of " closing the back door, " IRPA tightens immigration channels with a number of measures (Chan, 2006, p. 157; Crépeau and Nakache, 2006, pp. 15-16, 21-23; Dauvergne, 2003-2004, p. 737; Ibrahim, 2005, p. 181; Gross Stein, 2003, p. 30). Inadmissibility categories are expanded on the basis of security — terrorism included — human rights violations, serious criminality, organized criminality, health grounds, financial reasons, misrepresentation, non-compliance with the act or if a family member is inadmissible (S.C. 2001, c.27, s. 34-4 ...
This paper examines whether the evolution of immigration policies and anti-terrorism laws in Canada and the United Kingdom reflect a process of securitization of migration. The theory developed by the Copenhagen School is employed to explain the security-migration nexus and the concept of selective securitization is introduced to explicate how certain immigration categories, such as irregular migrants, asylum seekers and refugees become the preferred target of stringent immigration and anti-terrorist laws. The paper has two inter-related central arguments: that securitization of migration began to occur prior the September 11, 2001 terrorist attacks which was expanded and fast-tracked thereafter; and that the negative consequences of securitization are more evident when one takes into account the violations of immigrants' rights.
... Indeed, the fact that these provisions appear very harsh should not surprise us considering their history. The "serious criminality" provision fi nds its origins in a 1995 amendment to the previous Immigration Act, which removed the right to appeal a removal order for someone who the Minister of Immigration deemed a "danger to the public", and was put forth as a populist response to a shooting involving non-citizens at the Just Desserts Café in Toronto (Chan, 2005;Pratt, 2012). The Just Desserts case became the symbol of the discursive criminalization of immigration in the mid-1990s and a turning point in anti-immigration rhetoric in political discourse. ...
Canada bars non-citizens from entering or staying in the country for a number of reasons, including for what immigration law treats as “criminality”, “serious criminality” or “organized criminality”. Criminal inadmissibility– including for rather minor criminalized acts–raises a number of concerns for those who are targeted, but also for border criminologists, prisoners’ rights activists and migrant justice organizers. In this article, we discuss inadmissibility for “criminality” and “serious criminality” as: 1) a populist rhetorical move put forth by politicians promoting tough-on-crime / tough-on-immigration policies; 2) a form of double punishment that starts before deportation even takes place (and regardless of whether it does); and 3) a discretionary tactic in the policing toolbox to incapacitate people who are deemed undesirable. We illustrate the consequences of criminal inadmissibility by drawing from the experience of one of the co-authors who is facing deportation on this ground.
... In doing so the NRAD form becomes a tool for punishing noncitizens for crimes they have already been punished for (Koulish 2016). Following Chan (2005), the NRAD also builds the tautology identified by Alison Mountz and her co-authors (2013: 527) as legitimating detention across many liberal-identified states: "migrants might be criminals, necessitating detention; migrants must be criminals, because they are detained." The language of risk underpins this tautology. ...
Canada Border Services Agency (CBSA) officers use the National Risk Assessment for Detention (NRAD) process to evaluate the ‘riskiness’ of immigration detainees. The NRAD’s key tool is a 2-page document laying out ‘risk factors’ with corresponding points that add up to scores of ‘dangerousness’ allegedly posed by non-citizens. CBSA officers then recommend detention in either a provincial prison or a lower security ‘immigration holding centre’. In a national context of no legislated upper time limits on detention periods, and where telephonic and other access to incarceration sites is impeded, the NRAD form’s outcome portends serious, long-term consequences.
... La littérature concernant les façons de conceptualiser la criminalisation de l'immigration au Canada ou se penchant sur une dimension de cette criminalisation -en particulier la détention -est beaucoup plus riche. En effet, depuis les travaux de Chan (2005) sur la régulation morale des immigrants au moyen de la menace de déportation pour motifs de criminalité, et ceux de Pratt (2005) sur la façon dont divers régimes et logiques relevant du droit de l'immigration, du droit pénal et de pratiques sécuritaires sont mobilisés pour gouverner les conduites des migrants, la littérature propose une lecture fine de ces dynamiques. En français, le numéro spécial de Criminologie de 2013 sur le sujet avait offert une contribution essentielle à cette conceptualisation, avec l'article de Nakache (2013) analysant les convergences entre les logiques pénales et administratives dans le régime de détention d'immigration, et plus encore avec l'article de Velloso (2013) qui refusait de tout étudier sous l'angle de la criminalisation et proposait de conceptualiser certaines pratiques répressives dans le domaine de l'immigration comme des formes de punitions administratives. ...
Les intersections entre immigration et criminalisation sont nombreuses. Au Canada, près de 20 ans après l’entrée en vigueur de la Loi sur l’immigration et la protection des réfugiés (LIPR) et à la suite de plusieurs arrêts importants de la Cour suprême du Canada, il convient de faire le point sur cet enjeu. Cet article offre une typologie des intersections existantes et propose une analyse des transformations récentes. Nous traitons des situations suivantes : 1) la criminalisation formelle de stratégies migratoires (recours aux infractions criminelles contenues dans la LIPR) ; 2) les implications pour le projet migratoire d’un casier judiciaire (interdiction de territoire pour motifs de criminalité) ; 3) la criminalisation procédurale par le recours, dans le champ administratif, à des institutions et à des pratiques traditionnellement associées au système de justice pénale (détention d’immigration) ; et 4) le policing et le contrôle du statut d’immigration (collaboration entre les forces policières et l’Agence des services frontaliers du Canada). Dans les trois premiers cas, de récents arrêts phares de la Cour suprême sont aussi discutés : Appulonappa et B010 (2015) sur la criminalisation de l’entrée irrégulière ; Tran (2017) sur l’exclusion pour motifs de criminalité ; et Chhina (2019) sur l’accès à l’habeas corpus pour les personnes en détention d’immigration.
... Pengkajian dan penulisan yang berkaitan dengan depot tahanan imigresen kebanyakannya memfokuskan kepada isu yang berlaku di negara-negara maju. Antaranya seperti di Eropah (Arbogast, 2016;Griffiths, 2015;Cornelisse, 2015;Fischer, 2015;Kmak & Seilonen, 2015;Rifà, 2015;Mainwaring, 2015), Amerika Syarikat (Gilman & Ramero, 2018;Haines & Kalhan, 2015;Hamilton, 2011), Kanada (Cleveland, 2015;Chen, 2005), Korea Selatan (Lee, 2012), Jepun (Hiroshi, 2015) dan Australia (Sampson, 2015). Walaupun sudah banyak kajian dilakukan mengenai depot tahanan di negara-negara maju namun masih wujud beberapa kelompangan dalam pengkajian lepas, iaitu kurang memberi penekanan terhadap isu yang berlaku di negaranegara membangun, terutamanya di Malaysia. ...
... Grassroots activists estimate that up to 500,000 non-status people reside in Canada (Bhuyan, Osborne, Zahraei, & Tarshis, 2014b), with more than half estimated to live in the Greater Toronto area. Previous studies suggest that non-status immigrants in Canada originate from all over the world (Pashang, 2011), whereas Black men from northern and central Africa are the principle targets of Canadian detention and deportation practices (Chan, 2005). Due to the lack of reliable data on the non-status population in Canada, it is hard to estimate specific gender or country of origin demographics. ...
This study explores how Latina women fleeing gender-related violence seek protection for themselves and their children under Canada's humanitarian laws. Rising emphasis on border control contributes to a growing number of forced migrants whose transnational movement is constructed as “illegal.” Migrants who fall outside legal migration channels are exposed to precarious conditions that can lead to further violence. Through interpretive analysis of in-depth interviews with women from Mexico and Central America, we explore how immigration policies produce gendered forms of “illegality.” We also highlight how women's migration in search for rights and protection represents a form of substantive citizenship.
... Grassroots activists estimate that up to 500,000 non-status people reside in Canada (Bhuyan, Osborne, Zahraei, & Tarshis, 2014b), with more than half estimated to live in the Greater Toronto area. Previous studies suggest that non-status immigrants in Canada originate from all over the world (Pashang, 2011), whereas Black men from northern and central Africa are the principle targets of Canadian detention and deportation practices (Chan, 2005). Due to the lack of reliable data on the non-status population in Canada, it is hard to estimate specific gender or country of origin demographics. ...
Purpose:In this study, we explore how women living with precarious status in Canada inhabit different states of ontological insecurity as a result of violence and migration. Immigration status has emerged as a central concern in North America with a growing number of people who are undocumented, which promotes what Levers and Hyatt-Burkhart (2012) describe as “ongoing anxiety within family systems”. James (2011) argues that individuals’ understanding about their insecurity is intersubjective and transnational, produced through interactions with social workers, citizens, partners, state authorities and cross border migrations. Following James, we argue that the Latin American women enter into disordered subjective states as a result of their precarious status which interrupts their normal routines, produces deep anxiety, and fosters what Laing (1969) describes as “living in a constant threat” of everyday experience. While there is emerging scholarship in social work with undocumented immigrants in the United States and Europe, there has been less attention to the lived experience of people with precarious migratory status in Canada.
Methods: This participatory action research project is guided by feminist, anti-oppression and decolonizing principles. Between July 2011 and March 2012, we conducted conversational interviews with 25 Spanish-speaking women from Mexico, Colombia and Central America who were recruited through community-based organizations in Toronto. Post-interview notes and English translations of interview transcripts were entered into HyperRESEARCH qualitative data management software to facilitate data management and analysis. Using semiotic and post-structural theories of discourse, we explore in what ways speakers’ language use produces identities, or rather subject-positions within dominant and counter-narrative discourses (Allen 1995). We also draw from hermeneutic and interpretive phenonmenology to explore how women’s ways of knowing (epistemology) (Benner, 1994) about health and well-being are discursively produced with regard to their migratory status.
Results: Women spoke of “las puertas cerradas” (closed doors) when discussing their inability to enter certain spaces, access health care, and have their needs met due to limitations imposed by their immigration status. We conceptualize in what ways women embodied the ontological insecurity through exploring how women talk about: 1) the psychological impact of facing structural oppression (e.g. institutional racism and policy discrimination), 2) the social and psychological impact of being denied access to services, and 3) the interconnected challenges women experience as a result of facing “closed doors” (e.g. unemployment, exploitation, homelessness, isolation, and violence). Our analysis of the embodiment of “puertas cerradas” seeks to contribute to a deeper understanding of the mental impact that denied access to health, legal and social services has for women with precarious migratory status in North America.
... Det är dock domstolen som gör själva prövningen av om personen kan utvisas, med hjälp av det yttrande Migrationsverket skrivit. Chan (2005) pekar på att "goda" immigranter är sådana som följer reglerna, som assimileras väl och inte skapar problem för landets generositet. Den "dålige" invandraren tvingar i stället den annars generösa staten till disciplinära åtgärder. ...
Arbetslivet som arena för våld - en lägesbeskrivning
... It is through crime that the public is provided with a means of distinguishing "good" from "bad" citizens and that citizenship rights are either bestowed or revoked. 31 Unlike citizens who abide by the law, "criminals" are not invested in the legal structure of the nation. Furthermore, criminals lose their political citizenship rights, such as voting rights in some cases, and thus classifying a political act as criminal serves to negate symbolically the citizenship rights of the collective actors. ...
It is not that reporters and editors are consciously seeking to delegitimize collective actors, but rather that the process of creating the news often leads to this result.Coverage of indigenous peoples’ collective action in Canada and the United States has been predominantly delegitimizing: stories overwhelm-ingly emphasize militancy and violence.
... It is not surprising that the Second Circuit has referred to deportation as 'a sanction which in severity surpasses all but the most Draconian criminal penalties' (quoted in Wallace v. Reno, 1999). Chan (2005: 161) suggests the purpose of such exceptional punishment is 'to expel individuals deemed beyond rehabilitation and a threat to the nation'. Yet, the deportation process does much more than remove those whose deportability is already secured. ...
Recent interest in the securitization of immigration has highlighted a significant shift in immigration enforcement, from border regulation to the control of territorially present populations. Emphasis has focused on the production of migrant illegality and strategies that criminalize undocumented workers. In this article, we shift the focus of analysis to examine how legal residents convicted of non-immigration-related criminal offences are also actively produced as deportable subjects. Drawing on research examining records of appeal cases involving Jamaican nationals in removal proceedings consequent to a criminal conviction, we illustrate how deportability is produced by the deportation process itself, through legal practices that assert migrant criminality and alienage. We suggest ‘criminality’ not only comes to represent migrant subjectivity, at the expense of other forms of subjectivity based on belonging and territorial presences, but acts as affirmation of alienage.
... On the other hand, Calavita's (2005) scholarship illustrates how states' seek to promote fluid labour in response to market needs, while taking steps to exclude migrant workers from full participation in the social contract of the 9 host-state. The post 9/11 political climate, Chan (2005) argues, has reinforced the molding of subjects along the binary of good/bad immigrants. As such, the purview of regional and local governments to recognize subjects capable of fulfilling neoliberal values versus those perceived to be 'market failures', is further mitigated by the nation-state's perception of 'foreign' subjects who intrinsically pose a threat to national sovereignty. ...
Devolutionary trends in immigration and social welfare policy have enabled different levels of government to define membership and confer rights to people residing within the political boundary of a province or municipality in ways that may contradict federal legal status. Drawing upon theories of postnational and deterritorialized citizenship, we examined the legal construction of social rights within federal, provincial, and municipal law in Toronto, Ontario. The study of these different policy arenas focuses on rights related to education, access to safety and police protection, and income assistance. Our analysis suggests that the interplay of intra-governmental laws produces an uneven terrain of social rights for people with precarious status. We argue that while provincial and municipal governments may rhetorically seek to advance the social rights of all people living within their territorial boundaries, program and funding guidelines ensure that national practices of market citizenship and the policing of non-citizen subjects are reproduced at local levels.
... For most other health issues, however, coercion is not viable so the emphasis has to be on education and persuasion. By contrast, asylum seekers or illegal immigrants can be coerced: detained, denied legal representation, forcibly deported and the like ( Chan 2005 ). Moral panics call forth such social control. ...
Moral panic analysis needs reconnecting to mainstream sociological theory. A potential connection is via moral regulation.
The origins and development of moral regulation, and its application to moral panics, are traced through the work of Corrigan
and Sayer, Hunt and Hier. While it appears highly beneficial to locate moral panics as an extreme form of more routine processes
of moral regulation, better specification is required of the scope of moral regulation and its boundary with moral panics.
Three dimensions of discursive construction are identified for differentiating between issues of moral regulation: as threats
to the moral order, as being amenable to social control measures, and as involving ethical self-regulation. Clarity is also
needed about the political project of moral regulation analysis.
Roughly, 13% of Canada’s adult population has some kind of criminal record. Collateral consequences stemming from a criminal record are wide-ranging, from formal restrictions to more informal forms of exclusions. In this article, I argue that Canada exhibits a distinct and dual approach with regard to collateral consequences. A commitment to principles, such as human dignity, rehabilitation, proportionality and individualisation in sentencing, especially by the courts, has increasingly mitigated the impact of collateral consequences in many areas. Yet, these interventions to limit collateral consequences have been far more uncommon for immigration-related collateral consequences, where the impact of a criminal conviction has only expanded in the last decades. This suggests the centrality of the criminalisation of migration in Canada’s bordering regime and its role in drawing boundaries between desirable and undesirable migrants. This dual nature of collateral consequences also sends a message about who is, and who is not, deserving of second chances.
Özet İnsanlık tarihi boyunca en önemli sosyal olaylardan birisi olan göç kavramı tarihsel süreç içinde şekil değiştirerek de olsa halen devam etmektedir. Özellikle son yıllarda yaşanan ülke içi çatışmalara paralel olarak uluslararası göç, çevre ülkeleri de etkileyen günümüzün en önemli uluslararası güvenlik sorunların-dan birisini oluşturmaktadır. Bu çalışmada, uluslararası göç kavramı ile vatandaşlık, vatansızlık, mülteci, şartlı mülteci, ikincil koruma gibi kavramların tanıtımı yapılacak ve uluslararası güvenlik bağlamında ele alınacaktır.
ALINTILAMA ÖNERİSİ
Şeker, G. (2014), Uluslararası Göç ve Vatansızlık: Ulusal Güvenlik Stratejileri, Harmancı, F.M; Gözübenli, M. ve Zengin, C. (Ed.),"Güvenlik Sektöründe Temel Stratejiler" içinde (s.277-303). Nobel Yayınevi, ISBN:978-605-133-960-3
BİR BÖLÜMÜ BURADA YER ALAN KİTABIN TAMAMINA AŞAĞIDAKİ LİNKLERDEN
ULAŞABİLİRSİNİZ
https://www.academia.edu/43834170/G%C3%BCvenlik_Sekt%C3%B6r%C3%BCnde_Temel_Stratejiler
https://www.researchgate.net/publication/294836329_Guvenlik_Sektorunde_Temel_Stratejiler
Canada is, historically, a nation of immigrants. Indeed, among Western countries, Canada is one of the most welcoming towards immigrants, as demonstrated by the high number of immigrants per capita and the large proportion of foreign-born individuals within its population. Despite these trends, some immigration critics have questioned whether there are too many newcomers entering Canada, whether immigrants take jobs away from Canadians, or whether immigrants should espouse Canadian values. Moreover, in the aftermath of the terrorist attacks against the United States on September 11, 2001 (9/11), immigration became increasingly linked to concerns of national security. But is this in fact how Canadians perceive immigration? This chapter aims to shed some light on these issues by looking at immigration in Canada from a security perspective, focusing on Canadian legislation on immigration and Canadian attitudes towards immigrants after 9/11. More specifically, the chapter centres on whether Canadian legislation on immigration and Canadian attitudes towards immigrants after 9/11 are actually more concerned about potential security threats and how immigration rates and source countries have been affected by security issues.
Drawing on interviews with service providers and legal advocates in Canada, this article explores how bordering practices shape front-line service delivery with immigrant women seeking safety from domestic violence. Our research examines the implementation of ‘conditional permanent residence’ (conditional PR) between 2012 and 2017. Conditional PR applied to some newly sponsored spouses and partners who were required to cohabit with their sponsoring spouse/partner for two years following their arrival in Canada in order to retain their permanent resident status. We illustrate how conditional PR exacerbated the vulnerabilities already facing spousal immigrants by linking deportation to the failure to cohabit with their spouse. In particular, we examine the implementation of an ‘exception for abuse and neglect’, whereby victims of domestic violence could apply to remove the condition on their permanent resident status. We argue that when service providers mobilized their ‘ways of knowing’ about domestic violence to verify a sponsored spouse’s claims of abuse, they inadvertently took part in regulating ‘deserving’ versus deportable immigrants. This research develops a gendered analysis of deportability towards theorizing how bordering practices operate through the shadow state to regulate racialized immigrant women.
This chapter is devoted to an understanding of how the confluence of violence within the different punishing regimes of Western biomedical psychiatrically dominated structures are sustained through policy and law to imprison difference, while simultaneously (re) creating ideas of whiteness, the pristine, the innocent, and the deserving. Specifically, through an examination of the Faster Removal of Foreign Criminals Act, the Not Criminally Responsible Reform Act, and the Antiterrorism Act in Canada and their corresponding amendments to existing legislation, this chapter interrogates the deployment of racial and eugenic ideas for their replication of dehumanizing colonial discursive and rhetorical violence in everyday use, the institutionalization of violence within contemporary law, and the currently violent direct human consequences of these historically violent practices that ensure imprisonment of particular minds and bodies
As part of emerging scholarship on border governance, this paper examines how discourses of “fraud” in Canada merge with public management techniques to produce structurally embedded borders. We focus on regulatory changes introduced between 2010‐2014 which aimed to deter and punish people who participate in “marriage fraud.” We then present the gendered and racialized impact of anti‐fraud regulations, through a case analysis of the implementation of Conditional Permanent Resident status (PR) from 2012 to 2017, which required some newly sponsored spouses and partners to remain in a conjugal relationship with their sponsor for two years after immigration. Our analysis of parliamentary proceedings illustrates how public management logics and the use of new digital technologies are mobilized to expand border enforcement practices internally and outside the territorial boundaries of the nation. We argue that despite the repeal of conditional PR in 2017, the deterrence of marriage fraud through structurally embedded borders continues to regulate racialized immigrants in exclusionary ways that disproportionately impact women.
Özellikle 2000'li yılların başından itibaren dünyanın her bölgesinde meydana gelen değişim ve dönüşümler, toplum ve organizasyonlar üzerinde ciddi değişiklikler meydana getirdiği gibi toplum hayatı için vazgeçilmez olan güvenlik sektöründeki kurumları da önemli derecede etkilemiştir. Asayiş suçlarında ve terör eylemlerinde meydana gelen artışlar, siber suçlar gibi farklı suç türlerinin ortaya çıkması, toplumsal olayların ve sportif organizasyonların genel güvenliği tehdit eder hale getirmesi, demografik yapıdaki değişmeler ve göç hareketleri, sınır aşan suçlarda ve kaçakçılık olaylarındaki artışlar ve teknolojik yenilikler gibi faktörler güvenlik kurumlarının kullanmış oldukları temel stratejilerin gözden geçirilmesini zorunlu kılmıştır.
Bu kitapta, güvenlik sektöründe faaliyet gösteren kurumların (Emniyet Genel Müdürlüğü, Jandarma Genel Komutanlığı, Sahil Güvenlik Komutanlığı, Özel Güvenlik Kuruluşları, Kamu Güvenliği Müsteşarlığı, Gümrük Muhafaza Müdürlüğü vb.) topluma daha kaliteli bir güvenlik hizmeti sunabilmeleri adına uygulayabilecekleri etkin ve çağdaş temel güvenlik stratejileri somut örneklerle anlatılmaktadır.
Konusunda uzman ve aynı zamanda akademik birikime sahip yazarlar tarafından kaleme alınan 16 farklı temel güvenlik stratejisini kapsayan bu kitabın politika yapıcılar, yöneticiler, uygulayıcılar, akademisyenler ve profesyonel araştırmacılar için yol gösterici olması temennisiyle ….
This book explores the emergence of law enforcement and security practices that extend beyond the boundaries of the nation state. Perceptions of public safety and national sovereignty are shifting in the face of domestic, regional, and global insecurity, and with the emergence of transnational policing practices responding to drug trafficking and organised crime. The book examines how security threats are prioritised and the strategies that are put in place to respond to them, based on a detailed empirical case study of police and security sector organisations in the Caribbean. Transnational policing, one of the most significant recent developments in the security field, has brought about a number of changes in the organisation of criminal law enforcement in the Caribbean and other parts of the world. Drawing on interviews with chief police officers, customs, coastguard, immigration, security, military, and government officials, this book examines these changes, providing a unique insight into the work of overseas liaison officers from the UK and the USA, and their collaboration with local police and security agencies. This book assesses the extent to which a restructured transnational security infrastructure has enhanced the safety and wellbeing of the Caribbean islands, and other countries on the shores of the north Atlantic, and asks how we can ensure that policing beyond boundaries is accountable and good enough to make the world a safer place.
This book considers the full sweep of Haitian community invention and recreation in a multitude of national territories, with an eye toward the "place" factors that shape the everyday lives of Haitian migrants. Regine O. Jackson brings together an interdisciplinary group of scholars to explore how Haitian communities differ across time and place, as well as how migrants adjust to new economic, political and racial realities. The volume includes descriptive ethnographies of Haitians in 19th century Jamaica, eastern Cuba, Detroit, the Dominican Republic, Guadeloupe, Paris, and Boston, and innovative scholarly work on non-geographic sites of Haitian community building. The most important question addressed here is not whether the places described represent typical or exceptional Haitian diasporic communities, but how, why and to what effect do Haitians in particular places use diaspora as a signifier. By examining the diversity (and sameness) of the Haitian experience in diaspora, Geographies of the Haitian Diaspora asks how we might situate community in view of increased scholarly attention to transnational processes.
This research explores the cultural and linguistic strategies of immigrant youth to negotiate inclusion/exclusion, including language discrimination in Vancouver, Canada. My theoretical framework draws upon the Arendtian notions of ‘public space’, and ‘action and speech’ as well as Bourdieu’s concepts of ‘symbolic violence’ and ‘habitus’. My methodology is a critical qualitative approach. Fourteen immigrant youth, aged 15–25, were involved in this research. The findings of this study indicate that unlike second-generation immigrants, first-generation immigrant youth face cultural and linguistic challenges. Non-recognition of youths’ distinct linguistic and social capitals, the imposition of official languages and the regulation of the education and language market according to the dominant linguistic norms include forms of discrimination against Turkish minority youth in Canada. Taken together, the findings suggest that immigrant youths’ cultural and linguistic experiences of inclusion and exclusion cannot be dissociated from the wider politics of the nation-state, popular hegemony and social inequalities in the host society.
This paper is interested in placing the literature on social reproduction in conversation with that of migrant illegalization—the identification of certain migrants as not welcome in a nation-state both through discursive and material processes. More specifically, I am interested in how migrant illegalization interlocks with other forms of social location to designate certain bodies as open to exploitation and exclusion. The paper focuses on a case study of Mexican migrants with precarious immigration status and their experiences in navigating the embodied process of moving through and working in the city of Toronto. I propose that the interlocking of migrant illegalization and the profiling of bodies as exploitable and suspicious limits precarious status migrants’ – those that do not have permanent residence or citizenship – ability to access social goods, decent work and the networks required to improve their social context.
It is clear that Canadian criminal justice policy has not kept pace with the rapid developments in computer technology witnessed during the past few decades. This can be attributed to the complexity of the issues raised and the difficulty of balancing public safety, as well as individual privacy, against the broader need for cyber-security. Internet regulation is indeed feasible in Canada, but it must be multi-faceted and cannot emanate from a single source. There are numerous points of control, involving both public and private actors. Predicting which intermediaries will succeed and what approach the law should adopt with respect to intermediary regulation is one of the most significant issues facing policy-makers in Canada today.
This article examines two sexual assault convictions, R. v. Kanthasamy (2004) and R. v. Almajidi (2007) and the successful sentencing appeals that were decided in 2005 and 2008 respectively. The ways in which the criminal law and related processes intertwine with immigration law to reinforce race-gender-class disadvantage for both the sex worker complainants and the racialized offenders who lack Canadian citizenship are explored through an application of Lisa E. Sanchez's (2004) theorizing on prostitution and law. The cases are mined for insights into the role of the criminal justice system in perpetuating exclusion even when seeming to further gender equality in processing sexual assault charges. Sanchez reworks Italian political theorist Giorgio Agamben's treatise on the homo sacer or sacred outlaw who has lost many civil rights, a figure that Agamben invites back from Roman law. In her expansion of Agamben's work, Sanchez documents the ways that exclusionary practices are gendered in modern nation states to the pronounced detriment of marginalized women. Since they received two-year federal sentences demonstrating their "serious criminality," Kanthasamy and Almajidi lost the right to appeal to the Immigration Appeal Division against a deportation order. Their sentences were reduced to avoid immigration consequences yet with limited reference to the harm to the complainants.
The purpose of the study was to estimate associations between citizenship status and arrest for crimes among male arrestees.
The primary hypothesis was that citizenship status (a rough proxy for immigration) has significant effects on arrest for violent
personal crimes, property crimes, and four other selected offenses. Data were derived from the Arrestee Drug Abuse Monitoring
(ADAM) Program for the years 2000 through 2002 inclusive. Our sample comprised male arrestees only. Logistic regression models
were fitted to the data to estimate the citizenship status-crime relationship. Results showed no significant association between
citizenship status and arrest for violent crimes. Non-citizens were 15% less likely than citizens to be arrested for property
crimes; they were also less likely to be arrested for weapons offenses and drug offenses. Non-citizens were much less likely
to test positive on NIDA-5 drugs than citizens. Non-citizens were, however, 50% more likely than citizens to be arrested for
forgery/counterfeiting. It was concluded that public perceptions about the relationship of citizenship status to criminal
behavior may be exaggerated and may not be borne out by empirical evidence. Limitations of the study are pointed out, including
the fact that in the ADAM data, naturalized immigrants are lumped together with native born citizens.
This project attempts to explain the deportation process in Canada. Specifically I highlight how the deportation decision making process is not only about removing a person from the country but also creating a desirable citizenry. The inclusion of Chan's article as a case study was important to this project as no other study has included statistics based on country of origin, Immigration Appeal Division members' comments or reasoning for decisions made at deportation appeal hearings. Comments reveal differential perceptions of immigrants from Anglo-European countries and non-white countries on rehabilitation and re-offending. Statistics are provided and the tendency for appellants from non-white countries to have their deportation appeal hearing dismissed happen more often than those from Anglo-European countries. I will highlight how removing someone from the country and making 'good' citizens is rooted in racialized concepts of nationhood and what it means to be an 'ideal' citizen.
Throughout the 1980s, the breakdown of communist systems in Eastern Europe and the emergence of "new" social movements in both East and West led to a renewed interest among political theorists in the 19thcentury concept of "civil society."
This article explores different ways of thinking about the general problem of the interconnection between self-formation and political and governmental practices and processes. It first explicates the thesis of the relation of moral regulation and state formation advanced in the writings of Philip Corrigan. It argues that, despite its strengths, this formulation has several difficulties: its reliance on a culturalist account of the work of moral regulation; its undue focus on the state; and its inability to approach domains of self-formation at a distance from the state. It further argues that many of the problems raised within this framework can be formulated more effectively by developing the analytic of governmentality provided by Michel Foucault. Such a framework allows us to understand how processes of political subjectification are dependent upon, if irreducible to, both governmental and ethical practices of self-formation. /// Cet article explore des manières variées de penser au problème général de la relation entre la formation du rapport à soi d'une part et les pratiques et processus politiques et gouvernementaux d'autre part. Il explique tout d'abord la thèse de la relation entre régulation morale et formation étatique présentée dans les travaux de Philip Corrigan. L'article prétend que, malgré ses qualités, l'approche de Corrigan est marquée par plusiers difficultés: elle s'appuie sur une version culturaliste du travail de régulation morale; elle est trop centrée sur l'État; elle est incapable d'approcher des domaines de formation du rapport à soi, à distance de l'État. L'article prétend aussi que plusieurs des problèmes soulevés par ce cadre analytique peuvent plus efficacement être formulés en développant la problématique de la gouvernementalité offerte par Michel Foucault. Une telle approche permet de comprendre comment des processus d'assujetissement politique dépendent, sans leur être réductibles, de pratiques gouvernementales et éthiques de formation de soi.
The racial category "black" is not merely an excluded category in a history of documented Western preference for "white" immigrants. Comparative historical evidence shows clear strategies to keep black persons out of First World nations, except as temporary labour. In this climate, black migration occurs partly because each nation has an ambivalent relationship to the black labourers, soldiers and seamen who offer their service expecting membership in the polity in return. Finding such membership objectionable, Western governments individually avoid black immigration. They also watch, imitate, and respond to each other's admission policies vis-à-vis blacks to ensure each limits the size of the black population they "welcome" relative to the other nations. When seen as a policy corpus , these actions may be interpreted as an anti-black immigration policy operative on a global scale. This article theorizes a transnationalization of racialized (anti-black) immigration policy in the histories of the United States, the United Kingdom and Canada.
This paper focuses on Foucault's analysis of two forms of neo-liberalism in his lecture of 1979 at the Collège de France: German post-War liberalism and the liberalism of the Chicago School. Since the course is available only on audio-tapes at the Foucault archive in Paris, the larger part of the text presents a comprehensive reconstruction of the main line of argumentation, citing previously unpublished source material. The nal section offers a short discussion of the methodological and theoretical principles underlying the concept of governmentality and the critical political angle it provides for an analysis of contemporary neo-liberalism.
Feminist Review (2003) 73, 152–157. doi:10.1057/palgrave.fr.9400089
Introduction / Andrew Barry, Thomas Osborne, Nikolas Rose -- Liberal government and techniques of the self / Graham Burchell -- Governing "advanced" liberal democracies / Nikolas Rose -- Liberalism, socialism and democracy : variations on a governmental theme / Barry Hindess -- The promise of liberalism and the performance of freedom / Vikki Bell -- Security and vitality : drains, liberalism and power in the nineteenth century / Thomas Osborne -- Lines of communication
Part 1 Instead of an introduction: "Doing Mythologies" (1984). Part 2 Essays: the sociology of a subject, dichotomy is contradiction feudal relics or capatilist monuments (1977) addenda - extended review of a Macfarlane (1980) origins of English individualism on moral regulation (1980) towards a celebration of difference (1981) in/forming schooling (1983) the body of intellectuals (1986) social forms/human capacities (1988). Part 3 Interlude: methods in the madness review of P. Willis, learning to labour (1978) review of E.P. Thompson, poverty of theory (1979) review of P. Anderson, arguments with English Marxism review of A. Wilden, the rules are no game and war and peace (1988). Part 4 Starting over: the subject of sociology state formation (1987) masculinity as right (1987).
ONE OF THE most remarkable answers to a question that I know of had its setting in Paris more than a century ago. A young man was found walking in the Palais-Royal, leading a lobster on the end of a blue ribbon. When asked what he was up to, the stroller replied:
In what way is a lobster more ridiculous than a dog, a cat, a gazelle, a lion, or any other creature which might be made to follow one? I prefer lobsters who are quiet, serious, know the secrets of the deep, do not bark nor destroy one's unity like dogs.
Like all good replies, this one has many facets; it has about it something of the piercing quality of revelation, a strong unearthly supersanity. It illuminates both subject and personality.
The speaker on this occasion was Gérard de Nerval, a writer and poet of wayward genius, "esprit bizarre
The 1990s inaugurated a new era of policing the border, one in which a variety of legislative initiatives were introduced to regulate more tightly the flow of immigrants and refugees to Canada. Border control is closely linked to the internal policing of people of colour, stigmatising and monitoring such bodies in ways that clearly establish their subordinate status in the nation. In this article, I reflect on the practices involved in the policing of the border through an exploration of how individuals participate in, and experience, these practices. Specifically, I describe my own experience of how an individual judge performed the role of the imperial patriarch in a trial of a racial minority woman lawyer charged with immigration fraud. I do not make an empirical claim that the case I explore demonstrates racism and little else. Rather, my central concern is to describe the everyday performance of domination as it occurs in this trial. I seek to illustrate the kinds of things individuals say and do when they engage in making Canada White through the law and to suggest that such individual performances, in this case of hegemonic masculinity, are part of a national story of belonging, a story in which people of colour are marked as degenerate and white subjects are the bearers of culture and civilization. In the second half of the paper, I demonstrate this national mythology as it is expressed by elites.
This paper chronicles the role of British Columbian provincial authorities and medical practitioners in engineering the deportation of psychiatrically disordered and cognitively disabled immigrants out of the province between Confederation and 1939. Approximately 750 mental patients were removed from BC during the 1920s and 1930s alone, and more than 5000 had been deported from the country as a whole by the outbreak of World War II. With the use of provincial and federal government records and correspondence, institutional documents, print media clippings and patient files, I probe the professional practices and discourses that fuelled this movement to banish asylum inmates. Across these seven decades, medical authorities, in alliance with bureaucrats and various anti-immigration forces, succeeded in assembling a powerful and efficient system for screening out and expelling those new Canadians who ostensibly failed to meet the mental standards for Canadian citizenship. Bolstered by theories of eugenics and race betterment, and drawing on public fears about the unregulated influx of aliens and the associated scourge of madness, officials turned to deportation as an expedient means for ridding hospitals of their least desirable denizens. I argue more generally that the deportation of ‘insane’ and other ‘unfit’ immigrants was nourished by the flood ofnativist, rac(ial)ist, exclusionist, eugenist, and mental hygienist thinking that dominated British Columbian and Canadian political and public culture throughout this ‘golden age’ of deportation. © 1998, Canadian Law and Society Association. All rights reserved.
For fifteen years, the United States has experienced high levels of immigration. Although analysts debate the effects and merits of this development, all acknowledge one undesirable consequence: an increasing number of aliens commit crimes in the United States but are not removed. Decrying the costs of arresting, prosecuting, and incarcerating these criminal aliens, politicians in jurisdictions where immigrants cluster have implored the federal government for more than a decade to remove the illegal aliens as quickly as possible.
Immigration is a central site through which national communities are institutionally imagined and materially constructed. The borders of these imagined communities are generated in part through state policies, particularly immigration policies. Using Canada as a point of departure, this article will question how the cultural politics of immigration are shaped through media and policy discourses of immigration. In settler nations such as Canada, the long tradition of media spectacles around immigration is a key site for the amplification of political affect around national belonging that strongly impinges upon immigration policy formation. Drawing on the Foucauldian governmentality literature and its focus on the population as an object of governance, two particular articulations of immigration as a means of regulating the population are considered: first, the articulation of immigration with questions of fertility and sexuality; and, second, the dramatically heightened media and policy articulations of immigration with security. This article questions how we might begin to account for the political affect elicited in media culture around `desirable' and `undesirable' immigrants/refugees and its impact on the regulation and governance of immigration.
Au milieu des annees 1990, le gouvernement canadien a entrepris une restructuration du programme d'immigration (Immigration Policy Review, IPR) comprenant une vaste consultation publique a travers le pays. Cet article se penche sur le caractere racialement construit du questionnaire en mettant en evidence des elements saillants comme : la naturalisation de l'installation franco-anglaise sur le territoire canadien (seuls les groupes ethniques d'une autre provenance ayant l'appellation d'immigres); l'orientation des questions d'immigration sur des connotations negatives ou sur des formes desirables d'immigration ; la negation historique du prejudice territorial colonial subi par les premiers occupants indigenes
This paper proposes some new ways of analysing the exercise of political power in advanced liberal democratic societies. These are developed from Michel Foucault's conception of ‘governmentality’ and addresses political power in terms of ‘political rationalities’ and ‘technologies of government’. It draws attention to the diversity of regulatory mechanisms which seek to give effect to government, and to the particular importance of indirect mechanisms that link the conduct of individuals and organizations to political objectives through ‘action at a distance’. The paper argues for the importance of an analysis of language in understanding the constitution of the objects of politics, not simply in terms of meaning or rhetoric, but as ‘intellectual technologies’ that render aspects of existence amenable to inscription and calculation. It suggests that governmentality has a characteristically ‘programmatic’ form, and that it is inextricably bound to the invention and evaluation of technologies that seek to give it effect. It draws attention to the complex processes of negotiation and persuasion involved in the assemblage of loose and mobile networks that can bring persons, organizations and objectives into alignment. The argument is exemplified through considering various aspects of the regulation of economic life: attempts at national economic planning in post-war France and England; the role ascribed to changing accounting practices in the UK in the 1960s; techniques of managing the internal world of the workplace that have come to lay special emphasis upon the psychological features of the producing subjects. The paper contends that ‘governmentality’ has come to depend in crucial respects upon the intellectual technologies, practical activities and social authority associated with expertise. It argues that the self-regulating capacities of subjects, shaped and normalized through expertise, are key resources for governing in a liberal-democratic way.
Compared with refugee or immigration policy, the historical and political analysis of deportation is poorly developed. This paper suggests some lines along which critical studies of deportation might proceed. First, it argues that we can historicize and denaturalize deportation by setting it within a wider field of political and administrative practices. This is done by comparing modern deportation practice with other historical forms of expulsion. Second, the paper interrogates the forms of governmentality which invest the practice of deportation, and asks what they might tell us about modern citizenship. It argues that deportation can be seen as one key element in the international police of aliens.
This article seeks to understand the contemporary prevalence of projects of moral regulation. It explores the potential and limitations of accounts that point to similarities between today's moral politics and the sexual purity campaigns of the late 19th century. It explores two recent significant, but very different, works on the history of moral regulation movements: Nicola Beisel's Imperiled Innocents (1997) and David Wagner's The New Temperance (1997). This article seeks to show that the purity campaigns of the late 19th century and the new movements from the late 1970s are of special significance because of the central role of female activists and feminist currents of thought. The account offered seeks to integrate the interaction of class and gender relations. It refuses any cyclical account of moral regulation movements, but offers an account focusing on the tensions between gender and class relations in the two periods which account for the remarkable similarities between these two periods.
The relationship between sexuality and law encompasses the regulation of sexual activities, expressions, behaviors, and choice of sexual partners. Although the most visible forms of sexual regulation occur in the policing of homosexual activities, heterosexual activities are not exempt, especially the activities of heterosexual females. This article examines how immigration and citizenship law provided the legal basis for the attempted deportation of an American-born female citizen under the “moral turpitude” clause of immigration law. It is a historical snapshot of a moment in which immigration restrictions, sexual politics, and law intersected to create a unique situation that compromised the civic rights of an American-born woman.
The South Atlantic Quarterly 100.4 (2001) 949-966
Definitions (8) The term "publication" means any circular, newspaper, periodical, pamphlet, book, letter, post card, leaflet, or other publication.
(9) The term "United States" when used in a geographical sense, includes the several States, Territories, and possessions of the United States, the District of Columbia, and the Canal Zone.
—Internal Security Act of 1950
According to the Immigration and Naturalization Service (INS), the number of deportations from the United States, more than 32,000 for 1998, increased by nearly 50 percent over the previous year. The INS showed a 70 percent increase in deportations in the last quarter of fiscal year 1997 (ending in September 1997). In their words, "In fiscal year, 1997, the INS deported more than 113,000 people and the agency has set a goal of 127,300 deportations for fiscal year, 1998." The result of this massive deportation activity, for places like Trinidad, for example, was an upsurge in "returnees" who had left home often as young children and who were deported back to the Caribbean as adults, sometimes with no close or visible relatives left there. These designated "returnees," as they are called by the INS, Caribbean immigration officials argue, are actually U.S. nationals, citizens who had spent all their lives in the United States (i.e., came to the United States as children, were schooled and socialized here, and in effect were products of the U.S. system; many have children and other relatives who are U.S. citizens) who are then effectively relocated to a "home" with which they have maintained few connections. The crimes charged to these "returnees" range from teenage smoking of marijuana, prostitution, and drug offenses to rape and other serious crimes of high physical violence. One Consulate official calls it a "policy without care." Often deportees are sent, without warning or attention paid to the types of crime committed, to "home countries" that often do not have the appropriate social services to accommodate their needs. Additionally, anyone involved in crime is deportable at the end of sentencing; indeed, some are deported without completing their sentences in the United States. In a sense, then, for these people, the island becomes a prison camp much like Carrerra, the Alcatraz-style prison island between Trinidad and Venezuela. At times, according to one Consulate official who decries the policy, deportation is even used retroactively for people who had committed crimes in their youth. In other words, deportation is a catchall alternative to prison for a range of offenses. Furthermore, framing deportation in terms of criminality masks the fact that it is one of the ways the U.S. state constructs its desirable citizens daily.
In an ongoing project on Claudia Jones this researcher was drawn to the conditions surrounding the only black woman among a group of thirteen communists tried, convicted, sentenced, incarcerated, and then deported for communist organizing in 1953. The issue of Jones's deportation loomed significantly as a theme to be pursued and prompted a larger examination of deportation in the context of political activity as well as in the larger context of policies regarding "aliens" such as those involving returnees to the islands in the Caribbean. Interestingly, in my search for information, I have found that almost none of the literature on diaspora has dealt in any way with the issue of deportation. The major African diaspora studies have made significant headway in specifying the terms of diaspora discourse but they tend to focus on the immigration side, the emotive issues of home and exile, and diaspora in relation to Pan-Africanism. In the study edited by Joseph Harris, for example, there is some discussion of actual "return to the homeland" but it focuses mostly on such issues as the legacy of Marcus Garvey and Sierra Leone returnees to Africa. The actual movement in and around the Caribbean and the Americas and inside Africa and Europe remains to...
This article presents the case against immigration controls. Nation states, which are giving up controls on the movement of goods and capital, nevertheless still try to control the movement of people. Like controls under apartheid, immigration controls will eventually become untenable. They are also a relatively recent phenomenon. The actions of the governments of the rich countries, their international agencies and corporations increase both the opportunities and the need for migration. Together with arms sales and support for right-wing repressive regimes, they bear much responsibility for the wars and persecution from which people are forced to flee. The strongest reason for abolishing immigration controls is the increasingly harsh suffering they impose on refugees and migrants, largely to deter others. In the process, they undermine many human rights, including potentially those of existing residents.Feminist Review (2003) 73, 618. doi:10.1057/palgrave.fr.9400071
The dismantling and restructuring of Keynesian social security programmes have impacted disproportionately on women, especially lone parent mothers, and shifted public discourse and social images from welfare fraud to welfare as fraud, thereby linking poverty, welfare and crime. This article analyzes the current, inordinate focus on 'welfare cheats'. The criminalization of poverty raises theoretical and empirical questions related to regulation, control, and the relationship between them at particular historical moments. Moral regulation scholars working within post-structuralist and post-modern frameworks have developed an influential approach to these issues;however, we situate ourselves in a different stream of critical socio-legal studies that takes as its point of departure the efficacy, contradictions and inherently social nature of law in a given social formation. With reference to the historical treatment of poor women on welfare, we develop three themes in our critical review of the moral regulation concept: the conceptualization of welfare and welfare law, as illustrated by welfare fraud; the relationship between social and moral with respect to the role of law; and changing forms of the relationship between state and non-state institutions and agencies. We conclude with comments on the utility of a 'materialist' concept of moral regulation for feminist theorizing.
As moral panic over immigrants spreadduring the early 1990s, immigrationpolicies became increasingly criminalized in the wake of the bombingsof the World Trade Center in 1993 and ofthe Murrah Federal Building in OklahomaCity in 1995. In response to the threat ofterrorism at home, Congress enacted theIllegal Immigration Reform andImmigration Responsibility Act along withthe Anti-Terrorism and Effective DeathPenalty Act in 1996. Since then severalkey provisions of those statutes haveproduced numerous violations of civilliberties and immigrants' rights. Drawingon a conceptual framework developed bysociologist Gary T. Marx (1981), thisarticle examines critically thecontradictions and ironies of immigrationcontrol, specifically the mostcontroversial aspects of the 1996 laws:court-stripping provisions, use of secretevidence, and growing register ofdeportable crimes. In light of theterrorist attacks on September 11th, 2001,the article expresses concerns over thegovernment's current campaign to fightterrorism, especially the use of racialprofiling and mass detention shrouded insecrecy.
The articulation of race has become subtle and elusive in democratic societies because racism conflicts with principles of
equality and non-discrimination. This article examines Canada’s immigration discourse and argues that a racial subtext can
be discerned from the discourse by examining its vocabulary, syntax, structure, and implied rationale. The study shows that
codified concepts and an implied logic are used to convey racial massages that appear not to be “race”-based. The discourse
is further facilitated by opinion polls and academic studies that reify the notion of “race” and legitimize its everyday use
as a harmless concept. It is the discourse itself, and not implied differences of “race”, that fragments Canada. The study
recommends abandoning the use of racial subtext in academic research and immigration policy development.
La définition de la race est devenue subtile et insaisissable dans les sociétés démocratiques parce que le racisme entre en
conflit avec les principes d’égalité et de non-discrimination. Cet article examine le discours canadien en matière d’immigration
et fait valoir qu’il est possible de discerner dans ce discours un thème racial sous-jacent, si l’on examine le vocabulaire,
la syntaxe, la structure et le raisonnement implicite. L’étude montre que des concepts codifiés et une logique implicite servent
à transmettre des messages raciaux qui semblent ne pas se fonder sur la «race». Ce discours est en outre facilité par des
sondages d’opinion et des études universitaires qui concrétisent la notion de «race» et légitimisent son utilisation quotidienne
comme un concept inoffensif. C’est le discours lui-même, et non pas les différences implicites concernant la race, qui fragmente
le Canada. L’étude recommande d’abandonner l’utilisation d’un thème racial sous-jacent dans les recherches universitaires
et dans l’élaboration d’une politique d’immigration.
Based on Michel Foucault's 1978 and 1979 lectures at the Collège de France on governmental rationalities and his 1977 interview regarding his work on imprisonment, this volume is the long-awaited sequel to Power/Knowledge. In these lectures, Foucault examines the art or activity of government both in its present form and within a historical perspective as well as the different ways governmentality has been made thinkable and practicable. Foucault's thoughts on political discourse and governmentality are supplemented by the essays of internationally renowned scholars. United by the common influence of Foucault's approach, they explore the many modern manifestations of government: the reason of state, police, liberalism, security, social economy, insurance, solidarity, welfare, risk management, and more. The central theme is that the object and the activity of government are not instinctive and natural things, but things that have been invented and learned. The Foucault Effect analyzes the thought behind practices of government and argues that criticism represents a true force for change in attitudes and actions, and that extending the limits of some practices allows the invention of others. This unique and extraordinarily useful collection of articles and primary materials will open the way for a whole new set of discussions of the work of Michel Foucault as well as the status of liberalism, social policy, and insurance.
Incluye bibliografía El autor explora la construcción de las diferencias humanas con el marco teórico de Foucault y del análisis genealógico y teoría del estado de Deleuze y Guattari. Argumenta que la política multicultural canadiense está impulsada por una fantasía, la unidad es imaginaria. La legislación, la política y la práctica del gobierno no son recíprocas e igualitarias y revelan la raíz en el modelo europeo.
The article offers a descriptive analysis of strategies of crime control in contemporary Britain and elsewhere. It argues
that the normality of high crime rates and the limitations of criminal justice agencies have created a new predicament for
governments. The response to this predicament has been recurring ambivalence that helps explain the volatile and contradictory
character of recent crime control policy. The article identifies adaptive strategies (responsibilization, defining deviance
down, and redefining organizational success) and strategies of denial (the punitive sovereign response), as well as the different
criminologies that accompany them.
Historiography is routinely employed to support contemporary accounts of racial inequality. Subjecting Khan's (1991) exploration of the history of East Indians in Canada (1903–47) to critical analysis this article argues that ‘empire’ is used as a narrative and symbolic device. But the symbolic empire is a constrained analytic tool which can only produce a circumscribed account of race and a limited form of race politics. By substituting the symbolic empire with an empire invoked as an administrative device, registered in political discourses, the symbolic empire becomes two nationhoods‐in‐process. These two very different nation‐building processes, one Indian the other Canadian, are connected. The Canadian nation was constructed as a white enterprise in a defensive action against the immigration of East Indians who were concurrently awarded a second‐class citizenship by Britain. This article shows how the Canadian discourse on alien immigrants was a device used to affirm its own (white) identity. It shows how the historical themes of exclusion and marginalization may be mobilized to develop a form of race politics in the present.
RedefiningtheState’sPower to Deport Aliens
- D Bassan
- Thecanadiancharterandpublicinternationallaw
Bassan,D.,“TheCanadianCharterandPublicInternationalLaw:RedefiningtheState’sPower to Deport Aliens,” Osgoode Hall Law Journal 1997 (34:3) 583–625. Graham B., C. Gordon, and P. Miller (eds), The Foucault Effect: Studies in Governmentality (Chicago: University of Chicago Press, 1991)
Minister of Citizenship and Immigration)
- Williams V Canada
Williams v. Canada (Minister of Citizenship and Immigration) [1997] 2 F.C. 646 (C.A.)
I have been a white supremacist, Zundel tells hearing
- E Oziewicz
Oziewicz, E. " I have been a white supremacist, Zundel tells hearing " Globe and Mail, May 10, 2003.
IAD W97-00033) References Adams, C., " Deported or dumped?
- Ricardo A White
White, Ricardo A. v. M.C.I. (IAD W97-00033), July 23, 1999. References Adams, C., " Deported or dumped?, " Saturday Night 2000 (115:3) 38–46.
Removing Criminal Aliens: The Pitfalls and Promises of Federalism Harvard Journal of Law and Public Policy 1999 (22) 367 The Preventative Function of Section 15 of the Charter and the Danger Certificate System
- P Schuck
- J Williams
- B Schwartz
Schuck, P. and J. Williams, " Removing Criminal Aliens: The Pitfalls and Promises of Federalism, " Harvard Journal of Law and Public Policy 1999 (22) 367. Schwartz, B., " The Preventative Function of Section 15 of the Charter and the Danger Certificate System, " Manitoba Law Journal 1999 (27:1) 115–139.
The Canadian Charter and Public International Law: Redefining the State's Power to Deport Aliens
- D Bassan
- D. Bassan