Sociology Compass - 2016 - Arriaga - Understanding Crimmigration Implications for Racial and Ethnic Minorities Within the

Understanding Crimmigration

Definition and Historical Context

• Crimmigration: The merging of criminal and immigration law, allowing local law enforcement to enforce both laws.

  • Characterized by the expansion of enforcement practices beyond conventional border control to involve local authorities.

• Historical Development:

  • The distinctions between criminal law (focused on societal harm) and immigration law (confines border management) have blurred over the last few decades.

  • Post-9/11 context intensified the convergence due to heightened security concerns and counterterrorism measures.

The Merging of Criminal and Immigration Law

• Stumpf identifies three fronts for the crimmigration merger:

  1. Overlap of immigration and criminal law substances.

  2. Resemblance of immigration enforcement to criminal law enforcement.

  3. Procedural integration where immigration violations adopt characteristics of criminal procedures.

• Notable developments include:

  • The addition of various crimes (e.g., narcotics, marriage fraud) as bases for deportation through legislation like the Illegal Immigration Reform and Immigration Responsibility Act.

  • Relaxed norms in criminal procedures leading to practices like mass trials and lax rights protections for individuals caught in immigration enforcement.

Importance of Sociological Study

• Sociologists should analyze crimmigration as it reveals race and immigration implications not typically covered in legal frameworks.

• Challenges include:

  • Adopting a critical race theory perspective in immigration studies to include the racial dimensions of the enforcement of immigration laws.

  • Acknowledging the citizenship penalty faced by noncitizens, which often results in harsher penalties compared to citizens, amplifying disparities within the criminal justice system.

Collaboration Between Agencies

• Local and federal collaboration (e.g., ICE and local law enforcement):

  • Criminal Alien Program and 287(g) agreements allow local police to act as federal immigration officers, extending immigration enforcement into communities.

  • Secure Communities Program: Enabled local police to check fingerprints against federal databases, increasing deportation risk post-arrest.

• Implications: This has led to increased distrust within immigrant communities towards law enforcement and an environment of fear, commonly referred to as a “climate of terror.”

Racial and Ethnic Minorities in Crimmigration

• Racialized impacts of crimmigration laws primarily affect non-European immigrants.

  • The burgeoning definition of citizenship appears to increasingly exclude marginalized groups and racial minorities.

• Spillover Effects: These laws not only affect undocumented immigrants but also impact citizens in mixed-status families, leading to psychological distress and economic instability.

Calls for Reform

• Need for Decoupling: The current state calls for the separation of immigration reform from criminal justice reform as they have developed intertwined, complicating outreach efforts for reform advocates.

• Unified Approach: Any reforms proposed should address the ties between immigration policies and national security concerns as they create an expanding group of individuals treated as outsiders deprived of rights.

• The society is experiencing rising stratification due to these converging systems, necessitating a holistic approach towards reforming both immigration enforcement and criminal justice practices.

References

• Arriaga, Felicia. (2016). Understanding Crimmigration.

• Stumpf, Juliet. (2006). The Crimmigration Crisis: Immigrants, Crime, and Sovereign Power.

• Sociological reviews highlight the exigency of incorporating race and immigration studies post-9/11.

1. What are the implications of crimmigration on marginalized communities?

   • Explore the socio-economic effects and psychological distress faced by non-European immigrants and mixed-status families.

2. How can we reform the current intertwining of immigration and criminal justice systems?

   • Discuss potential solutions that address both immigration policies and national security concerns while safeguarding individual rights.

3. What role do local law enforcement agencies play in federal immigration enforcement, and how does this impact community trust?

   • Examine the effects of programs like 287(g) and Secure Communities on immigrant relations with law enforcement and community safety.