Crimes of Mobility
This book examines the role of criminal law in the enforcement of immigration controls since the mid-1990s in Britain. The criminalization of immigration status has historically served functions of exclusion and control against those who defy the states powers over its territory and population. Since the mid-1990s, the powers to exclude and punish have been enhanced by the expansion of the catalogue of immigration offences and their more systematic enforcement.
This book is the first in-depth analysis of such criminal offences in Britain, and presents original empirical material about the use of criminal powers against suspected immigration wrongdoers. Based on interviews with practitioners and staff at the UK Border Agency and data from court cases involving immigration defendants, it examines prosecution decision making and the proceedings before the criminal justice system. Crimes of Mobility critically analyses the criminalization of immigration status and, more generally, the functions of the criminal law in immigration enforcement, from a legal and normative perspective. It will be of interest to academics and research students working on criminology, criminal law, criminal justice, socio-legal studies, migration and refugee studies, and human rights, as well as criminal law and immigration practitioners.
Ana Aliverti is an Assistant Professor at the University of Warwick School of Law.
Routledge Studies in Criminal Justice, Borders and Citizenship
Edited by Katja Franko Aas
University of Oslo
Mary Bosworth
University of Oxford
Sharon Pickering
Monash University
Globalizing forces have had a profound impact on the nature of contemporary criminal justice and law more generally. This is evident in the increasing salience of borders and mobility in the production of illegality and social exclusion. Routledge Studies in Criminal Justice, Borders and Citizenship showcases contemporary studies that connect criminological scholarship to migration studies and explore the intellectual resonances between the two. It provides an opportunity to reflect on the theoretical and methodological challenges posed by mass mobility and its control. By doing that, it charts an intellectual space and establishes a theoretical tradition within criminology to house scholars of immigration control, race and citizenship, including those who traditionally publish either in general criminological or in anthropological, sociological, refugee studies, human rights and other publications.
1. Policing Non-Citizens
Leanne Weber
2. Crimes of Mobility
Criminal law and the regulation of immigration
Ana Aliverti
First published 2013
by Routledge
2 Park Square, Milton Park, Abingdon, Oxon, OX14 4RN
Simultaneously published in the USA and Canada
by Routledge
711 Third Avenue, New York, NY 10017
Routledge is an imprint of the Taylor & Francis Group, an informa business
2013 Ana Aliverti
The right of Ana Aliverti to be identified as author of this work has been asserted by her in accordance with sections 77 and 78 of the Copyright, Designs and Patents Act 1988.
All rights reserved. No part of this book may be reprinted or reproduced or utilized in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers.
British Library Cataloguing in Publication Data
A catalogue record for this book is available from the British Library
Library of Congress Cataloging-in-Publication Data
Aliverti, Ana J.
Crimes of mobility : criminal law and the regulation of immigration / Ana Aliverti.
pages cm
1. Criminal justice, Administration ofGreat Britain. 2. Emigration and immigration lawGreat Britain. 3. Criminal lawGreat Britain. I. Title.
KD7876.A955 2013
345.41'0237dc23
2012049531
ISBN: 978-0-415-82090-5 (hbk)
ISBN: 978-0-415-83922-8 (pbk)
ISBN: 978-0-203-38593-7 (ebk)
Typeset in Times New Roman by
Keystroke, Station Road, Codsall, Wolverhampton
Domestic statutes
Accession (Immigration and Worker Authorisation) Regulation 2006
Aliens Act 1793 (Public Act 33, George III, c. 4 1793)
Aliens Act 1814 (Public Act 55, George III, c. 54 18141815)
Aliens Act 1826 (Public Act 7, George IV, c. 54 1826)
Aliens Act 1848 (Public Act 11 & 12, Victoria I, c. 20 1848)
Aliens Act 1905
Aliens Order 1920
Aliens Order 1953
Aliens Restriction Act 1914
Aliens Restriction (Amendment) Act 1919
Anti-Terrorism, Crime and Security Act 2001
Asylum and Immigration Appeals Act 1993
Asylum and Immigration Act 1996
Asylum and Immigration (Treatment of Claimants, etc.) Act 2004
Borders, Citizenship and Immigration Act 2009
British Nationality Act 1948
British Nationality Act 1981
Commonwealth Immigrants Act 1962
Commonwealth Immigrants Act 1968
Coroners and Justice Act 2009
Criminal Attempts Act 1981
Criminal Justice Act 2003
Criminal Justice and Public Order Act 1994
Forgery and Counterfeiting Act 1981
Fraud Act 2006
Identity Cards Act 2006
Identity Documents Act 2010
Immigration Act 1971
Immigration Act 1988
Immigration and Asylum Act 1999
Immigration Appeals Act 1969
Immigration, Asylum and Nationality Act 2006
Immigration (Carrier Liability) Act 1987
Legal Aid, Sentencing and Punishment of Offenders Act 2012
Misuse of Drugs Act 1971
Nationality, Immigration and Asylum Act 2002
Police Act 1996
Police and Criminal Evidence Act 1984
Prison Act 1952
Race Relations Act 1965
Race Relations Act 1968
Sexual Offences Act 2003
Special Immigration Appeals Commission Act 1997
Theft Act 1968
Theft Act 1978
UK Borders Act 2007
Vagrancy Act 1824
European Community legislation
Convention implementing the Schengen Agreement of 14 June 1985 Official Journal L 239 of 22/09/2000
Council Directive 2001/51/EC of 28 June 2001 supplementing the provisions of Article 26 of the Convention implementing the Schengen Agreement of 14 June 1985 Official Journal L 187 of 10/7/2001
Council Directive 2002/90/EC of 28 November 2002 defining the facilitation of unauthorised entry, transit and residence, Official Journal L 328 of 5/12/2002
Council Framework Decision 2002/629/JHA of 19 July 2002 on combating trafficking in human beings, Official Journal L 203 of 1/8/2002
Council Framework Decision 2002/946/JHA of 28 November 2002 on the strengthening of the legal framework to prevent the facilitation of unauthorised entry, transit and residence, Official Journal L 328 of 5/12/2002
Council Regulation (EC) No. 343/2003 of 18 February 2003 establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third-country national, Official Journal L 050 of 25/02/2003